Loading...
HomeMy WebLinkAbout2013 - Easement - Boeing Employees Credit Union / Desimone et al - 20131108000792When Recorded, Please Return To: CONFORMED COPY 20131108000792 DOUGLAS STULTZ EAS PAGE-001 OF 025 96.00 11/08/2013 11:49 DOCUMENT TITLE: Access Easement Agreement REFERENCE NUMBERS OF RELATED DOCUMENTS: N/A GRANTOR: (a) The Boeing Company, a Delaware corporation (b) BNY MELLON N.A., JOSEPH R. DESIMONE AND RICHARD DESIMONE, as Co -Trustees under the Testamentary Trust of GIUSEPPE DESIMONE, deceased, and KAREN M. DANIELI, JOSEPH R. DESIMONE and SUZANNE HITTMAN, as Co -Trustees under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31, 1974 GRANTEE: (a) BNY MELLON N.A., JOSEPH R. DESIMONE AND RICHARD DESIMONE, as Co -Trustees under the Testamentary Trust of GIUSEPPE DESIMONE, deceased, and KAREN M. DANIELI, JOSEPH R. DESIMONE and SUZANNE HITTMAN, as Co -Trustees under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31, 1974 (b) The Boeing Company, a Delaware corporation ABBREVIATED LEGAL DESCRIPTION: PTN OF PROPERTY UNDER BLA NO. ASSESSOR'S PARCEL NO(S).: 000-34-00018; 5624-200-990 S2169101001100653049 PDF VI JDC EXCISE TAX NOT REQUIRED ng .. Records ., „4 10 _ Deputy Access Easement Agreement This Access Easement Agreement ("Agreement") is entered into as of A4 le 6 , 2013 by and among The Boeing Company, a Delaware corporation ("Boeing") and BNY MELLON N.A., JOSEPH R. DESIMONE AND RICHARD DESIMONE, as Co - Trustees under the Testamentary Trust of GIUSEPPE DESIMONE, deceased, and KAREN M. DANIELI, JOSEPH R. DESIMONE and SUZANNE HITTMAN, as Co - Trustees under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31, 1974 (collectively, the "Trusts"). Recitals A. Boeing is the owner of the real property described in Exhibit A (the `Boeing Property"). B. The Trusts are the owners of the real property described in Exhibit B (the "Trusts Property"). C. The Boeing Property and the Trusts Property abut each other as shown on the drawing attached as Exhibit C. The entire Easement Area (as defined below) is depicted on Exhibit C. Boeing currently occupies the Trusts Property under a lease. Boeing and the Trusts, acting through their trustees, each wish to utilize a private road to provide ingress to and egress from the Boeing Property and the Trusts Property, respectively. D. Boeing is willing to grant an easement appurtenant to the Trusts Property over a portion of the Boeing Property to be used for such ingress and egress. The Trusts, acting through their trustees, are willing to grant an easement appurtenant to the Boeing Property over a portion of the Trusts Property to be used for such ingress and egress. Agreements In consideration of the mutual covenants of the Parties set out in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Boeing and the Trusts agree as follows: Definitions. (a) The "Easement Area" means the area of the private roadway which straddles the common boundary line between the Boeing Property and the Trusts Property that is legally described in attached Exhibit D. (b) The "Boeing Portion of the Easement Area" means that portion of the Easement Area that lies within the Boeing Property. The Boeing Portion of the Easement Area lies south of the centerline of South 96th Place. (c) The "Trusts Portion of the Easement Area" means that portion of the Easement Area that lies within the Trusts Property. The Trusts Portion of the Easement Area lies north of the centerline of South 96`s Place. 52169101001l00653049 PDF VI JDC (d) "Party" means either Boeing or the Trusts, and includes their respective successors and assigns. (e) "Parties" means both Boeing and the Trusts, and includes their respective successors and assigns. (f) "Road Improvements" means the road improvements within the Easement Area. 2. Grant of Easements. (a) Boeing hereby grants to the Trusts, as the owners of the Trusts Property, a perpetual, nonexclusive easement, appurtenant to the Trusts Property, over the Boeing Portion of the Easement Area for the sole purpose of providing ingress to the Trusts Property from East Marginal Way South and egress from the Trusts Property to East Marginal Way South by the Trusts and their trustees and present and future tenants or occupants, licensees and invitees of any of such parties. (b) The Trusts, acting through their trustees, hereby grant to Boeing, as the owner of the Boeing Property, a perpetual, nonexclusive easement, appurtenant to the Boeing Property, over the Trusts Portion of the Easement Area for the sole purpose of ingress to the Boeing Property from East Marginal Way South and egress from the Boeing Property to East Marginal Way South. 3. Maintenance of Road Improvements. Each Party shall maintain that portion of the Road Improvements lying within its own property. The Parties shall communicate with each other when they believe repairs and maintenance are required to be done, and each Party shall afford the other a reasonable opportunity to coordinate repair and maintenance activities on their respective parcels so as to cause as little interruption to use of the Easement Area as is reasonable under the circumstances, and so as to afford opportunities for cost savings by doing work on both sides of the Easement Area at the same time. In the event of an unanticipated emergency that threatens damage to the improvements on the Easement Area or the safety of persons using the Easement Area for its intended purpose, either party may, after giving the other party such notice as is reasonable under the circumstances, take reasonable actions to protect the Easement Area and the public safety, in which event the parties shall thereafter share equally the reasonable expenses incurred therein. Notwithstanding the provisions of this section 3 or of section 4 below, so long as Boeing is the tenant of the Trusts Property, Boeing shall be obligated to perform all repair and maintenance obligations with respect to the portion of the Trusts Property lying within the Easement Area, at the expense of Boeing. 4. Cost Sharing. 4.1 Cost of Repairs and Maintenance. Each Party shall bear the expense of maintenance and repair of Road Improvements lying within its property, and for any construction required to rebuild or repair the roadway or appurtenant facilities; provided, that this clause shall not prevent the Parties from allocating the responsibility for paying such expenses otherwise by lease or contract. In addition, to the extent the need for specific maintenance or repairs to the Easement Area are required solely as a result of the actions or omissions of or use by one Party or its tenants, invitees or licensees, such Party shall be solely responsible for the cost thereof. 4.2 Changing the Proportion of Maintenance Costs Payable by Each Party. If at any time either Party believes that the costs of maintenance of the Road Improvements are not being 52169101001\00653049 PDF V I !DC equitably shared because the other Party is causing more of the wear and tear to the Road Improvements than the portion it is required to pay, due to the disproportionate number, weight, or other properties of vehicles accessing the property of the other Party, the Parties shall jointly undertake (and shall equally share the cost of) a study to determine the impact on the Road Improvements of the vehicles serving or visiting the respective properties of the Parties to determine if some other division of cost would be more equitable than the then current division of costs. If a Party is dissatisfied with the results of such study, the matter shall be referred (notwithstanding the provisions of Section 11 below) to a single arbitrator chosen by the head of the Seattle office of the American Arbitration Association on the application of either Party. The results of such study and/or the decision of such arbitrator shall be final and binding on the Parties, but either Party may at any later date (but no more frequently than once every three years) require a new study to assess the then current division of costs for maintenance of Road Improvements. 5. Use of the Easement Areas. Each Party shall at all times exercise its 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. Each Grantee shall use the respective Easement Areas so as to minimize, and avoid if reasonably possible, interference with the use of the Easement Area by the owner thereof. Each party shall have an equal right to use of the Easement Areas; therefore, if the combined use of an Easement Area would exceed the capacity of the roadway to accommodate the desired usage of the persons using it at the request of Boeing, on the one hand, or the Trusts, on the other, then, absent a written agreement to the contrary, each party shall be entitled to use only half of the total capacity. For purposes of determining the relative use by the parties, the size as well as number of vehicles using the Easement Areas shall be considered, as shall the times of day when such use is made. 6. Owner's Use of the Easement Area. The owner of each Easement Area reserves the right to use such Easement Area for any purpose not inconsistent with the rights herein granted, provided, that said owner shall not erect, construct or maintain any structures or building improvements on the Easement Area. Notwithstanding the foregoing, so long as Boeing is the tenant of the Trusts Property, it may maintain any nonpermanent structure in the Easement Area as may be useful or convenient for its operations on the contiguous parcels. 7. Indemnity. Each Party shall defend, indemnify and hold the other Parties, and their respective officers, directors, employees, agents, contractors, invitees, successors and assigns (the "Indemnified Parties") harmless from and against any and all claims or liability for bodily injury to or death of any person or loss of or damage to any property arising out of the indemnifying Parry's use of the Easement Area or from any activity, work or thing done, permitted or suffered by the indemnifying Party, its employees, agents, contractors or invitees in or about the Easement Area except claims and liabilities to the extent caused by any negligence or willful misconduct on the part of any Party seeking indemnification hereunder, or its agents, employees, contractors or invitees. The Party seeking indemnification shall provide adequate notice to the other Party of any claim covered by this indemnity of which such Party has knowledge, shall permit the other Party to defend or settle such claim and shall cooperate in the defense or settlement of such claim. The indemnity obligation hereunder shall extend to the attorneys fees, court costs, consulting fees and expert witness fees of the party seeking indemnity incurred either in defending claims entitled to indemnification or in enforcing this indemnity agreement. 32169W I001W0653069 PDF VI JDC 8. Notices. Notices required to be in writing under this Agreement (each a "Notice") shall be personally served, sent by U.S. certified mail with return receipt requested, or sent by nationally recognized overnight delivery service. Each Notice sent in accordance with the requirements of this Section shall be deemed effectively given upon actual delivery at the designated address (or refusal of delivery by the addressee). Any notice given by mail, if not sooner actually delivered, shall be deemed to have been delivered when three business days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Boeing: c/o Real Property Management Attn: Lease Administration 2201 Seal Beach Blvd., Bldg 80, Floor 1 Mail Code: 110-SG64 Seal Beach, CA 90740-5603 With Copy To: Gerald Bresslour The Boeing Company Office of the General Counsel 7755 East Marginal Way South, M/C 13-08 Seattle, WA 98108 To the Trusts: BNY Mellon N.A. 1201 Third Ave., Suite 5010 Seattle, WA 98101 Attn: Desimone Trusts (Real Estate Dept.) With Required Copies to: Suzanne Hittman Skyline at First Hill 725 - 9th Avenue, Apt. 901 Seattle, WA 98104 Joseph Desimone 5609 SW Manning St. Seattle, WA 98116-3149 Richard Desimone 7902 Eastside Drive NE Browns Point, WA 98422 Karen M. Danieli 1240 80th PL NE Medina WA 98039 S2I69101001100653049 PDF VI /DC Any Party may change the address or addressee to which notices may be given by giving notice as above provided, and shall do so upon the sale or other disposition of its respective property or, in the case of the Trusts, upon a change in trustees. 9. Covenants Running with the Land; Assignment. The terms and conditions of this Agreement shall be covenants running with the land, and shall burden and benefit Boeing and the Trusts, and their respective successors in interest and assigns. Upon transfer of title to the Trusts Property by the trustees, their successors and assigns, or transfer of title to the Boeing Property by Boeing, its successors and assigns, the benefits and burdens of this Agreement shall pass to the transferee, and the transferor shall be liable only for those matters that arose during the period of such transferor's ownership of the Boeing Property or the Trusts Property, respectively. 10. Termination. No termination of this Agreement shall release a Party from any liability or obligation with respect to any matter occurring prior to such termination. 11. Disputes. Any dispute between the parties to interpret or enforce this Access Easement Agreement shall be determined by final, binding arbitration conducted before a panel of three disinterested arbitrators in Seattle, Washington, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each arbitrator shall be a licensed attorney at law who has specialized in the practice of commercial real estate law for not less than ten (10) years in King County, Washington, immediately before his or her appointment. The arbitrators shall have no direct or indirect past or present relation to or financial interest in any party to the arbitration or in the outcome of the proceedings. The arbitrators shall decide the dispute in accordance with the substantive law of the state of Washington, but the parties hereby waive the provisions of the Washington Uniform Arbitration Act, except for those provisions that may not be waived under the provisions of RCW 7.04A.040. In any such arbitration proceeding, each party shall have all rights to discovery afforded under the then -applicable Federal Rules of Civil Procedure for the United States District Courts, or other rules or laws applicable to federal court proceedings adopted in addition to or in lieu thereof, which rights shall be enforced fully the arbitrators or, if they fail or refuse to grant and enforce such discovery rights, may be enforced by any Superior Court of Washington having jurisdiction over the parties. The arbitrators shall convene a hearing within forty-five (45) days after the appointment of the last of them, at which each party shall have the power to call for testimony any employee, agent or officer of any other party as well as expert witnesses or other witnesses having knowledge of pertinent facts. The arbitrators shall render their decision and issue their award within thirty (30) days after the hearing, as it may have been continued, shall have concluded. The award shall set forth the arbitrators' decision without setting forth the reasons for the decision. In such proceedings, the substantially prevailing party shall be entitled to receive reimbursement from the other party of such prevailing party's costs incurred in such proceedings, including the reasonable fees and disbursement of the prevailing party's attorneys, consultants and expert witnesses employed with respect to such proceedings, which amount the arbitrators shall include in their award rendered in the matter. 12. No Merger of Estates. The easements granted herein shall not be deemed extinguished or terminated by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property described herein, but in such event S2169\01001100653049 PDF VI !DC may be extinguished by the affirmative act of a future common owner of both the Boeing Property and the Trusts Property reflected in a recorded document. 13. Complete Agreement. This Agreement contains the entire agreement of the Parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Boeing and the Trusts or their successors in interest as the owners of the Boeing Property and the Trusts Property, respectively. This Agreement includes Exhibits A, B. C and D. each of which by this reference are incorporated into this Agreement by this reference as fully as if set forth herein. 14. Choice of Law. This Agreement shall be governed by the laws of the State of Washington. DATED , 2013 THE BOEING COMPANY a Delaware corporation By: Name: S re vE5t-lt�/ 446C,_ Title: %J, /14Z11 it'' - /3,_,olah 45Af .65rfr7 BNY MELLON, N.A., as Co -Trustee under the Testamentary Trust of GIUSEPPE DESIMONE, deceased By: Its: HARD YSESIMONE, as Co -Trusts' under the Testamentary Trust of GIUSEPPE DESIMONE, deceased JOSEPH R. DESIMONE, as Co -Trustee under the Testamentary Trust of GIUSEPPE DESIMONE, deceased, S216%01001100653049 PDF VI JDC may be extinguished by the affirmative act of a future common owner of both the Boeing Property and the Trusts Property reflected in a recorded document. 13. Complete Agreement. This Agreement contains the entire agreement of the Parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easement provided for herein. This Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Boeing and the Trusts or their successors in interest as the owners of the Boeing Property and the Trusts Property, respectively. This Agreement includes Exhibits A. B. C and D. each of which by this reference are incorporated into this Agreement by this reference as fully as if set forth herein. 14: Choice of Law. This Agreement shall be governed by the laws of the State of Washington. DATED , 2013 THE BOEING COMPANY, a Delaware corporation By: Name: Title: BNY MELLON, N.A., as Co -Trustee under the Testamentary Trust of GIUSEPPE DESIMONE, deceased By:4. , eottkek- lts: p- llp RICHARD DESIMONE, as Co -Trustee under the Testamentary Trust of GIUSEPPE DESIMONE, deceasedIC‘14 IkliAkta41-,, eL:W , S P R. DESIMONE, as Co -Trustee under the Te entary Trust of GIUSEPPE DESIMONE, deceased, 51169101001100655049. PDF VI .1DC M. DANIEL1 as Co -Trustee under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31,1974 JOSEPH R. DESIMONE, as Co -Trustee under the Irrevocable Trust of ASSUNTA DESIMONE, dated �r31,1974 SU'ZH1TIMAN, as Co -Trustee under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31, 1974 32169b100t10065104i PDF. VI /DC KAREN M. DANIELI, as Co -Trustee under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31, 1974 J U SEP R. DESIMONE, as Co -Trustee under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31, 1974 SUZANNE HITTMAN, as Co -Trustee under the Irrevocable Trust of ASSUNTA DESIMONE, dated December 31, 1974 52169101001100653049 PDF. V L NC STATE OF WASHINGTON COUNTY OF KING ACKNOWLEDGMENT ) ss. ) I certify that I know or have satisfactory evidence that s'V E $ P 1 1.4. tZ_,, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath and stated that he/she was authorized to exec e th • strument and acknowledged it as the p1YQ E,,+C)" -Y23(21 Raja EING COMPANY, to be the free and voluntary act of such party the uses and purposes mentioned in the instrument. Dated: , Ut 215 #I3. Notary Public Scats of Washington EUZAEETht PARROTT STULTE My ApaOinlnuM Eosins Jan" ta, 2016 S2169101001100653049 PDF VI DC TAT eh1r nt Name of N ry Notary Public in and for the State of Washington, residing at KexNWts , My appointment expires: t 4 1k T , STATE OF I.41 A" COUNTY OF Kk.k — ) ss. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. * r • n this W v day of 1 01' . , 2013 before me personally appeared •3 . J. L4i� , to me known to be the 'F-V P of BNY MELLON N.A., the corporation as Co -Trustee that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. above written. WITNESS my hand and official seal hereto affixed the day and year first otgly P,hblic in and for.ttie State of residi at Atrtt7i4 .1 My commission expire : r QA �� [Type or Print Notary Name] (Use This Space for Notarial Seal Stamp) 2169101001100653049 PDF VI JDC Batery Public State of Washington EUZABETH PARROTT BTULR My Appointment Wins den 13. 2016 STATE OF VV AI ) ) ss. COUNTY OF {[ NG- ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this V day of 2013 before me personally appeared RICHARD DESIMONE, to me known to a Co -Trustee that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. above written. WITNESS my hand and official seal hereto affixed the day and year first No`Caty+ 1tblic in and for the State of residi tg-dt p 7vv,ovpK/A- My commissi expires- 1 t«akjeleh ✓'ro [Type or Print Notary Name] (Use This Space for Notarial Seal Stamp) 5216910I00I\00653 %9 FDF VI JDC Notary Public State of Washington EUZASETH PARROTT STOLTZ My Appointment Expires Jan 13. 2016 STATE OF VV A COUNTY OF SS. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this (93 day of 2013 before me personally appeared SUZANNE HIT MAN, to me known to e a Co -Trustee that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. above written. WITNESS my hand and official seal hereto affixed the day and year first y ublic in and for the State of Mi- res' g at i p,"2/ lgy My commission expi s: / [Type or Print Notary Name] No (Use his Space for Notarial Seal Stamp) 52169101001100651049,PDF VI )DC —Ihrilhoilliodlimilatimardbrardbradherdba# a Notary Publle State of WahMgton ELIZABETH PARROTT SJULTZ My Appointment Expires Jan 13.2016 STATE OF -lr j n G ) COUNTY OF Pi ) ss. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 6+1,► day of Novet0.Q'. , 2013 before me personally appeared JOSEPH R. DESIMONE, to me known to be a Co -Trustee that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. above written. WITNESS my hand and official seal hereto affixed the day and year first Notary Public iand or thfState of itovG,. residing at p My commissi""o�h ex ires• $ - 8 - lotto [Type or Print Notary Name] WILLIAM A COOPER NOTARY PUBLIC - ARIZONA PAW (Use This Space for Notarial Seal Stamp) 52169W 1001100653049,PDF.V 1 7EC STATE OF WA- ) { J , ) ss. COUNTY OF �,j ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 4" y of • / j} , 2013 before me personally appeared KAREN M. DANIELI, to me known to be a Co -Trustee that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first My commission expires- �/ ettukraliet[Type or Print Notary Name] (Use This Space for Notarial Seal Stamp) 52169101001400651049, PDP VI IDC - AL -AL -A, - AI, - J� - a • Notary Public State of Washington EUZABETH PARROTT STULTZ My Appointment Erpins Jan 13, 2016 EXHIBIT A LEGAL DESCRIPTION OF BOEING PROPERTY BOEING PARCEL THAT PORTION OF THE TIMOTHY GROW DONATION LAND CLAIM NO. 44 AND 48, AS ESTABLISHED BY COMMERCIAL WATERWAY DISTRICT NO. 1 IN SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., VACATED SLIP NO 7, VACATED MILLER ROAD, VACATED SOUTH 98TH STREET, AS PER ORDER OF VACATION DATED DECEMBER 6, 1961, AND THAT PORTION OF THE NW 1/4 OF THE NE 1/4 & OF THE NE 1/4 OF THE NW 1/4 OF SECTION 04, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. LYING SOUTH OF SAID MOORE'S FIVE ACRE TRACTS, NORTH OF THE TIMOTHY GROW D.L.C. NO. 44, WEST OF EAST MARGINAL WAY AND EAST OF THE DUWAMISH WATERWAY, IN KING COUNTY, WASHINGTON, DEFINED AS FOLLOWS: BEGINNING 2222.8 FEET WEST AND 654.72 FEET NORTH OF THE SOUTHEAST CORNER OF SAID DONATION LAND CLAIM; THENCE SOUTH TO A POINT 379.11 FEET NORTH OF THE SOUTH LINE OF SAID DONATION LAND CLAIM EXTENDING WEST TO THE EASTERLY MARGIN OF VACATED COUNTY ROAD NO. 57; THENCE SOUTH 89'54'40" EAST, 298.36 FEET: THENCE NORTH 73 FEET; THENCE SOUTH 89'54'40" EAST, 397.60 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY: THENCE NORTHWESTERLY ALONG SAID MARGIN TO THE CENTERLINE OF VACATED 98TH STREET; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CENTERLINE TO THE EASTERLY LINE OF SLIP NO. 7; THENCE NORTH 13'58'30" WEST TO THE NORTHERLY LINE OF SAID SLIP NO. 7; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF COMMERCIAL WATERWAY DISTRICT NO. 1; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO A POINT NORTH 89'08'00" WEST OF BEGINNING; THENCE SOUTH 89'08'00" EAST, 1352.06 FEET, MORE OR LESS TO BEGINNING; AND A PORTION BEGINNING 2222.8 FEET WEST AND 654.72 FEET NORTH OF THE SOUTHEAST CORNER OF SAID DONATION LAND CLAIM; THENCE SOUTH TO THE MEANDER LINE OF THE DUWAMISH RIVER; THENCE NORTH 74'29'52" WEST, 466.63 FEET; THENCE SOUTH 70'07'00" WEST, 489.88 FEET; THENCE NORTH 43'00'00" WEST, 299.88 FEET; THENCE NORTH 29'00'00" WEST, 562.76 FEET; THENCE SOUTH 89'11'40" EAST TO BEGINNING; LESS STATE HIGHWAY NO. 1; TOGETHER WITH THAT PORTION OF TRACT 62, MOORE'S FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 28, RECORDS OF KING COUNTY, WASHINGTON; AND TOGETHER WITH THAT PORTION OF THE NORTH HALF OF VACATED SOUTH 98TH STREET, AS PER ORDER OF VACATION DATED DECEMBER 6, 1961; ALL LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A CONCRETE MONUMENT IN CASE AT THE CENTERLINE OF VACATED PURCELL AVENUE SOUTH AND THE MONUMENT LINE OF EAST MARGINAL WAY WHICH LIES 62.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF SAID EAST MARGINAL WAY; THENCE SOUTH 22'32'33" EAST, ALONG SAID MONUMENT LINE, 166.35 FEET; THENCE SOUTH 67'09'15" WEST 62.00 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY MARGIN AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE CONTINUING SOUTH 67'09'15" WEST 11.02 FEET TO THE POINT OF TANGENCY WITH A 233.41 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48'49'25", AN ARC DISTANCE OF 198.90 FEET TO A POINT OF TANGENCY WITH A 207.51 FOOT RADIUS CURVE REVERSE CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65'54'58", AN ARC DISTANCE OF 238.73 FEET TO A POINT OF TANGENCY; THENCE SOUTH 84'14'51" WEST 156.06 FEET; THENCE SOUTH 84'43'36" WEST 59.84 FEET; THENCE SOUTH 83'28'05" WEST 50.14 FEET; THENCE SOUTH 82'33'48" WEST 62.26 FEET; THENCE SOUTH 82'21'37" WEST 62.13 FEET; THENCE SOUTH 82'18'41" WEST 186.40 FEET; THENCE SOUTH 82'25'00" WEST 103.96 FEET; THENCE SOUTH 82'01'51" WEST 59.90 FEET; THENCE SOUTH 82'42'11" WEST 16.61 FEET TO THE POINT OF TANGENCY WITH A 47.56 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15' 16' 12", AN ARC DISTANCE OF 12.68 FEET TO A POINT OF TANGENCY; THENCE SOUTH 6725'58" WEST 164.93 FEET; THENCE SOUTH 6730'37" WEST 515.27 FEET TO THE NORTHEASTERLY MARGIN OF THE DUWAMISH WATERWAY PER THE DUWAMISH WATERWAY MAP AS ESTABLISHED BY COMMERCIAL WATERWAY DISTRICT NUMBER 1 IN 1917 AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. .17NAIL 2013 LIES 62.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF SAID EAST MARGINAL WAY; THENCE SOUTH 22'32'33" EAST, ALONG SAID MONUMENT LINE, 166.35 FEET; THENCE SOUTH 67'09' 15" WEST 62.00 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY MARGIN; THENCE CONTINUING SOUTH 6T09'15" WEST 11.02 FEET TO THE POINT OF TANGENCY WITH A 233.41 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48'49'25", AN ARC DISTANCE OF 198.90 FEET TO A POINT OF TANGENCY WITH A 207.51 FOOT RADIUS CURVE REVERSE CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31'43'05", AN ARC DISTANCE OF 114.87 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE CONTINUING SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 34'11'53", AN ARC DISTANCE OF 123.86 FEET TO A POINT OF TANGENCY; THENCE SOUTH 84' 14'51 " WEST 156.06 FEET; THENCE SOUTH 84'43'36" WEST 59.84 FEET; THENCE SOUTH 83'28'05" WEST 50.14 FEET; THENCE SOUTH 82'33'48" WEST 62.26 FEET; THENCE SOUTH 82'21'37" WEST 62.13 FEET; THENCE SOUTH 82' 18'41 " WEST 186.40 FEET; THENCE SOUTH 82'25'00" WEST 103.96 FEET; THENCE SOUTH 82'01'51" WEST 59.90 FEET; THENCE SOUTH 82'42'11" WEST 16.61 FEET TO THE POINT OF TANGENCY WITH A 47.56 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15'16'12", AN ARC DISTANCE OF 12.68 FEET TO A POINT OF TANGENCY; THENCE SOUTH 6725'58" WEST 164.93 FEET; THENCE SOUTH 67'30'37" WEST 515.27 FEET TO THE NORTHEASTERLY MARGIN OF THE DUWAMISH WATERWAY PER THE DUWAMISH WATERWAY MAP AS ESTABLISHED. BY COMMERCIAL WATERWAY DISTRICT NUMBER 1 IN 1917 AND THE TERMINUS OF THE HEREIN DESCRIBED LINE; DESIMONE TRUST PARCEL B ALL THAT PORTION OF TRACTS 62 AND 63, MOORE'S FIVE ACRE TRACTS, ACCORDING' TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 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 ACRE TRACTS WITH THE WESTERLY MARGIN OF EAST MARGINAL WAY; THENCE S23'40'12"E ALONG SAID WESTERLY MARGIN 277.92 FEET TO THE TRUE EXHIBIT B LEGAL DESCRIPTION OF TRUSTS PROPERTY DESIMONE TRUST PARCEL A ALL THAT PORTION OF TRACTS 56, 61, 62, 63 AND 64, MOORE'S FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 28, RECORDS OF KING COUNTY, WASHINGTON, AND OF VACATED FRANCIS AVENUE AND OF VACATED WATERWAY 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 S23'40'12"E ALONG SAID WESTERLY MARGIN 60.16 FEET; THENCE S62'O1'41 "W PARALLEL WITH SAID NORTHERLY LINE 442.99 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING S62'O1'41 "W 1347.23 FEET TO THE EASTERLY MARGIN OF THE DUWAMISH WATERWAY; THENCE S15'00'00"E ALONG SAID EASTERLY MARGIN 195.03 FEET TO THE MEANDER LINE ON THE LEFT BANK OF THE DUWAMISH RIVER; THENCE ALONG SAID MEANDER LINE N62'56'13"E 161.60 FEET; THENCE ALONG SAID MEANDER LINE N47'24'21"E 84.22 FEET; THENCE ALONG SAID MEANDER LINE N57'58'16"E 258.32 FEET; THENCE ALONG SAID MEANDER LINE N78'02'36"E 226.92 FEET; THENCE ALONG SAID MEANDER LINE N76'01'30"E 152.91 FEET; THENCE ALONG SAID MEANDER LINE S88'21'30"E 634.94 FEET; THENCE ALONG SAID MEANDER LINE N75'26'03"E 90.96 FEET; THENCE LEAVING SAID MEANDER LINE N24'28'38"W 528.24 FEET; THENCE S62'O1'41 "W 153.00 FEET; THENCE N24'28'38"W 60.11 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 98TH STREET AS VACATED PER ORDER OF VACATION DATED DEC. 6, 1961; AND TOGETHER WITH THAT CERTAIN PORTION OF FORMER SLIP NO. 7 OF THE DUWAMISH WATERWAY AS CONVEYED BY DEED RECORDED NOVEMBER 14, 1960, VOLUME 4098, PAGE 122 UNDER KING COUNTY RECORDING NO. 5222914 AND NORTH OF A LINE DESCRIBED IN BOUNDARY AGREEMENT RECORDED NOVEMBER 14, 1960, VOLUME 4098, PAGE 126 UNDER RECORDING NO. 5222915, BOTH RECORDS OF KING COUNTY, WASHINGTON, AND THAT PORTION OF THE NW 1/4 OF THE NE 1/4 & OF THE NE 1/4 OF THE NW 1/4 OF SECTION 04, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. LYING SOUTH OF SAID MOORE'S FIVE ACRE TRACTS, NORTH OF THE TIMOTHY GROW D.L.C. NO. 44, WEST OF EAST MARGINAL WAY AND EAST OF THE DUWAMISH WATERWAY; ALL LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT A CONCRETE MONUMENT IN CASE AT THE CENTERLINE OF VACATED PURCELL AVENUE SOUTH AND THE MONUMENT LINE OF EAST MARGINAL WAY WHICH POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID WESTERLY MARGIN OF EAST MARGINAL WAY S23'40'12"E 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 S36'19'37"W 141.64 FEET; THENCE S48'14'07"W 124.65 FEET; THENCE S75'26'03"W 40.26 FEET; THENCE N24'28'38"W 370.79 FEET; THENCE N62'01'41 "E 286.93 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 98TH STREET AS VACATED PER ORDER OF VACATION DATED DEC. 6, 1961, AND THAT PORTION OF THE NW 1/4 OF THE NE 1/4 & OF THE NE 1/4 OF THE NW 1/4 OF SECTION 04, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. LYING SOUTH OF SAID MOORE'S FIVE ACRE TRACTS, NORTH OF THE TIMOTHY GROW D.L.C. NO. 44, WEST OF EAST MARGINAL WAY AND EAST OF THE DUWAMISH WATERWAY; ALL LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A CONCRETE MONUMENT IN CASE AT THE CENTERLINE OF VACATED PURCELL AVENUE SOUTH AND THE MONUMENT LINE OF EAST MARGINAL WAY WHICH LIES 62.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF SAID EAST MARGINAL WAY; THENCE SOUTH 22'32'33" EAST, ALONG SAID MONUMENT LINE, 166.35 FEET; THENCE SOUTH 67'09'15" WEST 62.00 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY MARGIN AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE CONTINUING SOUTH 6709' 15" WEST 11.02 FEET TO THE POINT OF TANGENCY WITH A 233.41 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48'49'25", AN ARC DISTANCE OF 198.90 FEET TO A POINT OF TANGENCY WITH A 207.51 FOOT RADIUS CURVE REVERSE CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31'43'05", AN ARC DISTANCE OF 114.87 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED LINE. DESIMONE TRUST PARCEL C (NO CHANGE) THAT PORTION OF TRACTS 63 AND 64, MOORE'S FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 28, RECORDS OF KING COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID TRACT 64 AND THE WESTERLY . MARGIN OF EAST MARGINAL WAY AS NOW ESTABLISHED; THENCE S23'40'12"E POINT OF BEGINNING THENCE CONTINUING THENCE S62'01'41"W THENCE N24'28'381'W THENCE S62'01'41 "W THENCE N24'28'38"W THENCE N62'01'41 "E ALONG SAID WESTERLY MARGIN 60.16 FEET TO THE TRUE OF THIS DESCRIPTION; ALONG SAID WESTERLY MARGIN S23'40'12"E 217.76 FEET; 286.93 FEET; 157.45 FEET; 153.00 FEET; 60.11 FEET; 442.99 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT C NOT TO SCALE EXHIBIT D LEGAL DESCRIPTION OF EASEMENT ALL THAT PORTION OF TRACTS 56, 61, AND 62, MOORE'S FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 28, RECORDS OF KING COUNTY, WASHINGTON, AND OF VACATED FRANCIS AVENUE AND OF VACATED SOUTH 98TH STREET AND OF VACATED WATERWAY SLIP NO. 7 AND THAT PORTION OF THE NW 1/4 OF THE NE 1/4 & OF THE NE 1/4 OF THE NW 1/4 OF SECTION 04, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. LYING SOUTH OF SAID MOORE'S FIVE ACRE TRACTS, NORTH OF THE TIMOTHY GROW D.L.C. NO. 44, WEST OF EAST MARGINAL WAY AND EAST OF THE DUWAMISH WATERWAY, AND OF THE TIMOTHY GROW D.L.C. NO. 44, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT IN CASE AT THE CENTERLINE OF VACATED PURCELL AVENUE SOUTH AND THE MONUMENT LINE OF EAST MARGINAL WAY WHICH LIES 62.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY RIGHT OF WAY MARGIN - OF SAID EAST MARGINAL WAY; THENCE SOUTH 22'32'33" EAST, ALONG SAID MONUMENT LINE, 166.35 FEET; THENCE SOUTH 67'09'15" WEST 62.00 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY MARGIN AND THE TRUE POINT OF BEGINNING; THENCE NORTH 2732'33" WEST, ALONG SAID SOUTHWESTERLY RIGHT OF WAY MARGIN OF EAST MARGINAL WAY, 30.95 FEET TO A POINT OF NON -TANGENCY WITH A 50.08 FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH POINT, THE CENTER OF SAID CURVE LIES NORTH 51'15'33"WEST: THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 23'58'51 ", AN ARC DISTANCE OF 20.96 FEET TO A POINT OF TANGENCY; THENCE SOUTH 62'43'18" WEST 7.22 FEET TO A POINT OF TANGENCY WITH A 257.01 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44'10'29", AN ARC DISTANCE OF 198.15 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18'32'49" WEST 3.62 FEET TO A POINT OF TANGENCY WITH A 188.32 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65'08'36", AN ARC DISTANCE OF 214.11 FEET TO A POINT OF TANGENCY; THENCE SOUTH 83'41'26" WEST 142.25 FEET; THENCE SOUTH 79'47'05" WEST 92.79 FEET; THENCE SOUTH 82'19'39" WEST 530.42 FEET; THENCE SOUTH 6723'07" WEST 687.26 FEET TO THE NORTHEASTERLY MARGIN OF THE DUWAMISH WATERWAY; THENCE SOUTH 13'51'56" EAST, ALONG SAID NORTHEASTERLY MARGIN, 22.59 FEET; THENCE NORTH 6729'15" EAST 517.05 FEET; THENCE NORTH 67'30'31 " EAST 168.57 FEET; THENCE NORTH 8717'27" EAST 434.81 FEET; THENCE NORTH 82'45'37" EAST 62.77 FEET; THENCE NORTH 84'08'53" EAST 215.47 FEET TO A POINT OF TANGENCY WITH A 13.06 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48'08'12", AN ARC DISTANCE OF 10.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 4T42'55" EAST 2.69 FEET TO A POINT OF TANGENCY WITH A 15.98 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49'44'57", AN ARC DISTANCE OF 13.88 FEET TO A POINT OF TANGENCY; THENCE NORTH 82'32'08" EAST 34.32 FEET TO A POINT OF TANGENCY WITH A 197.11 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16'28'07", AN ARC DISTANCE OF 56.66 FEET TO A POINT OF TANGENCY; THENCE NORTH 66'04'01" EAST 7.58 FEET TO A POINT OF TANGENCY WITH A 232.22 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 46'00'38", AN ARC DISTANCE OF 186.48 FEET TO A POINT OF TANGENCY; THENCE NORTH 20'03'24" EAST 8.90 FEET TO A POINT OF TANGENCY WITH A 210.40 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 44'08'04", AN ARC DISTANCE OF 162.07 FEET TO A POINT OF TANGENCY WITH A 46.45 FOOT RADIUS COMPOUND CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, ALONG SAID COMPOUND CURVE, THROUGH A CENTRAL ANGLE OF 30'15'57", AN ARC DISTANCE OF 24.54 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF SAID EAST MARGINAL WAY; THENCE NORTH 22'32'33" WEST ALONG THE SOUTHWESTERLY RIGHT OF WAY MARGIN OF SAID EAST MARGINAL WAY A DISTANCE OF 29.63 FEET TO THE .TRUE POINT OF BEGINNING. CONTAINS APPROXIMATELY 56,704 SOUARE FEET.