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HomeMy WebLinkAbout2010 - Possession and Use Agreement - Segale Properties / City of Tukwila - 2010072600110220100726001102.001 ' 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