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HomeMy WebLinkAbout2018 - Notice of Violation and Order - Hailu Berhenu / Gembere Wotet Elizabeth / City of Tukwila - 20180911001019Return Address: City of Tukwila City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 Iki ui 1 CODE VIOLATION 9/11/2018 2:36 PM KING COUNTY, WA Rec: $103.00 i II Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Dog(moment t e S (or transactions(�co tained therein): (all areas applicable to your document must be filled in) 1.N Ce( 1 IQ11VnQ r 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Gra 1. 1 (s) Exot as iv s) ap e r . n document 2. , Additional names on page of document. Gra ee(9 1. 11 Exactly as name(s) appear on document 2. 'le1 t 1 1, le re, , \\ c i1, _ 1 1 /" �� ') Additional names on page of document. eig. description (abbreviated: i.e. lot, block, plat 2 FT OF N FT OF or section, township, range) LO 1 1. E CF CD RQ Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 15 2 3 Li G a) y The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements AUGUST 3, 2018 HAILU BERHENU + GEMBERE WOTET (ELIZABETH) 14420 88TH AVE NE KIRKLAND, WA 98034 GEMBERE WOTET (ELIZABETH) 14436 88TH AVE NE KIRKLAND, WA 98034 City of Tukwila Code Enforcement File #: Violation Location: Parcel #: CE18-0252 13610 MACADAM RD TUKWILA 1523049047 Violation # 1 Code Reference: FILLING AND GRADING WITHOUT A PERMIT TMC 16.54.050 PERMIT A. A permit is required for all grading activities occurring within the City limits. TMC 8.45.020 VIOLATIONS B. In addition to specific civil violations enumerated throughout the Tukwila Municipal Code, the following actions are unlawful and are subject to enforcement through this chapter: 2. It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished, any structure, land, or property within the City in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the applicable provisions of the Tukwila Municipal Code. Observed Condition: On July 31, 2018 I observed several large dump truck loads of gravel and/or crushed asphalt fill has been recently deposited onto the parcel, adjacent to an existing concrete access driveway to the south. A "Stop Work" order was conspicuously posted adjacent to the parcel along Macadam Rd on August 1, 2018, and was removed on or before August 2, 2018. Two subsequent "Stop Work" orders were conspicuously posted in separate locations in the newly installed gravel/asphalt fill adjacent to the property along the private concrete driveway on August 2, 2018. The property owner of that driveway gave the City permission to access his property to install the postings. To date, there are no approved permits on file for grading, clearing or hauling in fill materials or gravel for this parcel. Corrective Action: 1. Discontinue all activities associated with bringing additional gravel and soil onto the property. 2. Stabilize deposited soils as required by TMC 16.54.060 with straw mulch (3 inches minimum over all disturbed soils excluding driveway) by August 21 and call 206-431- 3682 for reinspection. 3. Apply for a Grading Permit by August 21, 2018 Contact the Public Works department at 206 431-3670 for permit requirements, or by visiting the Permit Center located at 6300 Southcenter Blvd, Suite 100 Monday — Friday from 7:30 am to 4:30 pm. For your convenience, a permit application packet is included with this Notice. Compliance Date: August 21, 2018 Violation #2 Code Reference: TREE REMOVAL/CLEARING IN A SENSITIVE AREA TMC 18.45.030 SENSITIVE AREA APPLICABILITY, MAPS, AND INVENTORIES A. Applicability — ... No person, company, agency, or applicant shall alter a sensitive area or buffer except as consistent with the purposes and requirements of TMC chapter 18.45. The following are sensitive areas regulated by TMC chapter 18.45: 3. Wetlands; 4. Watercourses; TMC 18.45.195 A. VIOLATIONS The following actions shall be considered a violation of this chapter: 1. To use, construct or demolish a structure or to conduct clearing, earth -moving construction or other development not authorized under a Special Permission, Reasonable Use or other permit where such permit is required by this chapter. 2. Any work that is not conducted in accordance with the plans, conditions, or the requirements in a permit approved pursuant to this chapter, provided the terms or conditions are stated in the permit or the approved plans. TMC 18.54.170 VIOLATIONS. The following actions shall be considered violations of this chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved Tree Clearing Permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree which is cleared, not replaced, or not maintained as required by this chapter shall constitute a separate violation. Observed Condition: On July 31, 2018 and August 2, 2018 I observed this vacant lot had recently been cleared of trees and vegetation in the front (westernmost) portion adjacent to Macadam Road. It appears that approximately one-third of the lot has been cleared of trees and vegetation. Tukwila iMap GIS map shows this parcel contains a Category III Wetland, 80 foot Wetland Buffer, a Type 2 Stream with 80 foot Stream Buffer, and a Type 4 Stream and 50 foot Stream Buffer. Trees and vegetation have been removed from areas within the Wetland, Wetland Buffer, Type 4 Stream and 50 foot Stream Buffer. Research on GIS maps and Google satellite maps shows the vacant parcel covered in vegetation and trees. These images are included with this Notice for reference. A "Stop Work" order was conspicuously posted adjacent to the parcel along Macadam Rd on August 1, 2018, and was removed on or before August 2, 2018. Two subsequent "Stop Work" orders were conspicuously posted in separate locations in the newly installed adjacent to the property along the private concrete driveway on August 2, 2018. The property owner of that driveway gave the City permission to access his property to install the postings. To date, there are no approved permits on file for tree removal in a sensitive area for this vacant parcel. Corrective Action: Discontinue all land clearing activities on this parcel immediately, including vegetation clearing, tree and/or stump removal, and lumber harvesting. Contact City of Tukwila Planning Division at 206-431-3670, or in person at 6300 Southcenter Blvd., Suite 100, to apply for and receive a Tree Removal and Landscape Modification Permit, and to discuss permitting and/or mitigation requirements for the trees that have been removed. For your convenience, a Tree Permit application has been enclosed with this Notice. Compliance Date: August 21, 2018 wry This is a notice that your property is in violation of the Tukwila Municipal Code. You must complete the corrective action noted above by the compliance date indicated. FAILURE TO COMPLY WITH THIS ORDER SHALL SUBJECT YOU TO A MONETARY PENALTY OF UP TO $250 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PURSUANT TO TMC 8.45.120(2). Code Enforcement Officer: LAURI DUNNING Telephone: (206) 431-3682 Email: Lauri.Dunning@tukwilawa.gov Enclosures: City of Tukwila Tree Permit application packet City of Tukwila Public Works permit application Tukwila iMap GIS Environmental map Google Satellite image map City of Tukwila Code Enforcement Appeal Instructions A person may, within ten days of being served this notice, file with the Tukwila City Clerk a written notice of appeal along with payment of the $300 appeal fee, containing the following: 1. The Code Enforcement case file number; 2. A brief statement setting forth the names, mailing address(es), and legal interest of each of the persons appealing this notice and order; 3. A brief statement of the specific order or action protested, together with any supporting facts; and 4. A brief statement of the relief sought, and the reasons why it is claimed that the notice and order should be reversed, modified, or otherwise set aside. Any appeal of this Notice of Violation and Order must be filed WITHIN 10 DAYS of being served this notice. There will be no other opportunity to appeal this order, and noncompliance with this order may result in further legal action. Instrument Number: 20180831(101873 Documcnt:WD Rec: S101.00 Page-1 of 3 Excise Does: 2950817 Selling Price: 50.00 Tax Amount: S1.0.00 Record Date:8/31/2018 4:19 PM Electronically Recorded King County, WA AFTER RECORDING MAIL TO: Name City of Tukwila, ATTN City Clerk- - Address 6200 Southcenter Blvd. City/State Tukwila, WA 98188 l 1)05- Document Title(s): 1. Statutory Warranty Deed Reference Number(s) of Documents Assigned or released: N/A Grantor(s): 1. Norhtwest Trustees & Management Services LLC, Trustee, Henkle Family Trust Dated 6- 13-1990 2. ] Additional information on page of document Grantee(s): 1. City of Tukwila 2. [ ] Additional information on page of document Abbreviated Legal Description: Lots 4 and 5, Block 4, Adams Home Tracts First Add, V. 12, P. 50 Tax Parcel Number(s): 004100-0517-07 [ X ] Complete legal description is on page "iof document Instrument Number: 20180831001873 Document:WD Rec: S101.00 Page-2 of 3 Record Date:8/31/2018 4:19 PM King County, WA When recorded return to: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 STATUTORY WARRANTY DEED THE GRANTOR Northwest Trustees & Management Services, LLC, Trustee, Henkle Family Trust Dated 6-13-90, for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, conveys and warrants to GRANTEE the City of Tukwila, the following described real estate, situated in the County of King, State of Washington: THAT PORTION OF LOTS 4 AND 5 IN BLOCK 4 OF ADAMS HOME TRACTS FIRST ADDITION, ACCORDING TO PLAT IN VOLUME 12 OF PLATS AT PAGE 50, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND 10 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 4 WHICH IS 112.68 FEET WEST, MEASURED ALONG SAID LINE, FROM THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 88°02'11" EAST ALONG SAID LINE AND THE SOUTH LINE OF SOUTH 150TH AS CONVEYED TO KING COUNTY BE DEED RECORDED UNDER RECORDING NO. 5630307, 71.28 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT ON SAID SOUTH LINE WITH A RADIUS OF 30 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 56.02 FEET TO A POINT OF TANGENCY ON THE WESTERLY LINE OF SAID HIGHWAY; THENCE SOUTH 20°06'19" WEST ALONG SAID WESTERLY LINE 82.08 FEET TO A POINT 134 FEET, AS MEASURED ALONG SAID WESTERLY LINE, FROM THE NORTH LINE OF SAID BLOCK; THENCE NORTH 69°53'41" WEST 107.08 FEET; THENCE NORTH 20°06'19" EAST 88.40 FEET TO THE POINT OF BEGINNING. Tax Parcel Number: 004100-0517 Instrument Number: 20180831001.873 Document:WD Rec: S101.00 Page-3 of 3 Record Date:8/31/2018 4:19 PM King County, WA HENKLE FAMILY TRUST DATED 6-13-90 By: Northwest Trustee & Management Services, LLC, Trustee Cam McGillivray, In -House 6 nsel STATE OF WASHINGTON ) ) ss. COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that Cam McGillivray, In -House Counsel for Northwest Trustee & Management Services, LLC, Trustee, is the persons who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Trustee of the Henkle Family Trust Dated 6-13-90, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 5 day of / S-1— , 2018. TERI WILLIAMS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 9, 2021 Notary Public 3/9 My appointment expires: AFTER RECORDING MAIL TO: Name City of Tukwila, ATTN City Clerk Address 6200 Southcenter Blvd. City/State Tukwila, WA 98188 ORIGINAL Electronically Rewrded Document Title(s): 1. Statutory Warranty Deed Reference Number(s) of Documents Assigned or released: N/A Grantor(s): 1. Norhtwest Trustees & Management Services LLC, Trustee, Henkle Family Trust Dated 6- 13-1990 2. [ ] Additional information on page of document Grantee(s): 1. City of Tukwila 2. [ ] Additional information on page of document Abbreviated Legal Description: Lots 4 and 5, Block 4, Adams Home Tracts First Add, V. 12, P. 50 Tax Parcel Number(s): 004100-0517-07 [ X ] Complete legal description is on page of document Alt ig Nb5BAW When recorded return to: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 STATUTORY WARRANTY DEED THE GRANTOR Northwest Trustees & Management Services, LLC, Trustee, Henkle Family Trust Dated 6-13-90, for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, conveys and warrants to GRANTEE the City of Tukwila, the following described real estate, situated in the County of King, State of Washington: THAT PORTION OF LOTS 4 AND 5 IN BLOCK 4 OF ADAMS HOME TRACTS FIRST ADDITION, ACCORDING TO PLAT IN VOLUME 12 OF PLATS AT PAGE 50, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND 10 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 4 WHICH IS 112.68 FEET WEST, MEASURED ALONG SAID LINE, FROM THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 88°02'11" EAST ALONG SAID LINE AND THE SOUTH LINE OF SOUTH 150TH AS CONVEYED TO KING COUNTY BE DEED RECORDED UNDER RECORDING NO. 5630307, 71.28 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT ON SAID SOUTH LINE WITH A RADIUS OF 30 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 56.02 FEET TO A POINT OF TANGENCY ON THE WESTERLY LINE OF SAID HIGHWAY; THENCE SOUTH 20°06'19" WEST ALONG SAID WESTERLY LINE 82.08 FEET TO A POINT 134 FEET, AS MEASURED ALONG SAID WESTERLY LINE, FROM THE NORTH LINE OF SAID BLOCK; THENCE NORTH 69°53'41" WEST 107.08 FEET; THENCE NORTH 20°06'19" EAST 88.40 FEET TO THE POINT OF BEGINNING. Tax Parcel Number: 004100-0517 HENKLE FAMILY TRUST DATED 6-13-90 By: Northwest Trustee & Management Services, LLC, Trustee Cam McGillivray, In -House `Counsel STATE OF WASIIINGTON ) COUNTY OF SPOKANE ) ss. I certify that I know or have satisfactory evidence that Cam McGillivray, In -House Counsel for Northwest Trustee & Management Services, LLC, Trustee, is the persons who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Trustee of the Henkle Family Trust Dated 6-13-90, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of U�``� t,.. , 2018. TERI WILLIAMS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 9, 2021 i ((1 Notary Public f My appointment expires: �/ y /O f Owner's Policy Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER 5011453-NCS-872528-WA1 Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company lfr�ai ic�nr. (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association Form 5011453 (7-1-14) Page 1 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. ;Form 5011453 (7-1-14) Page 2 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly - owned by the named Insured, (2) if the grantee wholly owns the named Insured, if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant": An Insured claiming loss or damage. "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive (e) (f) (3) notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. Form 5011453 (7-1-14) Page 3 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington CONDITIONS (Continued) (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to ' institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. Form 5011453 (7-1-14) }iDae 4 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule 6 or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title CONDITIONS (Continued) Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way; Santa Ana, CA 92707. Phone: 888-632- 1642. Form 5011453 (7-1-14) Page 5 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington First Arican Schedule A Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER NCS-872528-WA1 Name and Address of Title Insurance Company: First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707. File No.: NCS-872528-WA1 Address Reference: 15001 Tukwila International Blvd., Tukwila, WA Amount of Insurance: $420,000.00 98188 Premium: $2,106.00 Date of Policy: August 31, 2018 4:19 p.m. 1. Name of Insured: City of Tukwila 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non -charter code city 4. The Land referred to in this policy is described as follows: THAT PORTION OF LOTS 4 AND 5 IN BLOCK 4 OF ADAMS HOME TRACTS FIRST ADDITION, ACCORDING TO PLAT IN VOLUME 12 OF PLATS AT PAGE 50, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND 10 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 4 WHICH IS 112.68 FEET WEST, MEASURED ALONG SAID LINE, FROM THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF PACIFIC HIGHWAY SOUTH; THENCE SOUTH 88°02'11" EAST ALONG SAID LINE AND THE SOUTH LINE OF SOUTH 150TH AS CONVEYED TO KING COUNTY BE DEED RECORDED UNDER RECORDING NO. 5630307, 71.28 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT ON SAID SOUTH LINE WITH A RADIUS OF 30 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 56.02 FEET TO A POINT OF TANGENCY ON THE WESTERLY LINE OF SAID HIGHWAY; THENCE SOUTH 20°06'19" WEST ALONG SAID WESTERLY LINE 82.08 FEET TO A POINT 134 FEE I, AS MEASURED ALONG SAID WESTERLY LINE, FROM THE NORTH LINE OF SAID BLOCK; THENCE NORTH 69°53'41" WEST 107.08 FEET; THENCE NORTH 20°06'19" EAST 88.40 FEET TO THE POINT OF BEGINNING. 'Form 5011453 (7-1-14) Page 6 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington E First American Schedule B Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company POLICY NUMBER NCS-872528-WA1 EXCEPTIONS FROM COVERAGE File No.: NCS-872528-WA1 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. This item has been intentionally deleted. 2. General Taxes for the first-half of 2018, paid in full. General Taxes for the second -half of 2018, a lien not yet due and delinquent. Tax Account No.: 004100-0517-07 Amount Billed: $ 4,447.85 Amount Paid: $ 2,223.93 Amount Due: $ 2,223.92 Assessed Land Value: $ 324,800.00 Assessed Improvement Value: $ 1,000.00 3. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. None due and owing at Date of Policy. 4. Right to make necessary slopes for cuts or fills upon said premises for South 150th Street as granted by deed recorded August 28, 1963 under recording no. 5630307. 5. This item has been intentionally deleted. 6. This item has been intentionally deleted. 7. This item has been intentionally deleted. 8. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 9. This item has been intentionally deleted. 10. Any facts, rights, interests or claims that may exist or arise by reason of the following matters disclosed by an ALTA/NSPS survey made by Bush, Roed and Hitchings, Incorporated on April 03, 2018, last revised April 13, 2018, designated Job Number 2017261.01 . (A) Phone booth in the southeasterly corner does not fall within an easement; (B) Concrete walk in the southeasterly corner crosses the southerly boundary line by up to 1.6' onto the subject property. Form 5011453 (7-1-14) 1Page 7 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington Form 5011453 (7-1-14) Page 8 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) Washington Instrument Number: 20190125000812 Document: Rec: S105.00 Page-1 of 7 Record Date:1/25/2019 2:33 PM Electronically Recorded King County, WA Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title: Agreement by and Between the City of Tukwila and SEBCO Inc. for Payment in Lieu of Constructing Frontage Improvements Parties: SEBCO Inc. 4020 East Madison Street, Ste 320 Seattle, WA 98112 Attn: Jay Blasingame Legal Description: A Portion of S 389.23 FT OF GL 10 LY E OF ST RD #1 TGW S 389.23 FT OF SW `/4 OF SW'/4 STR 03-23-04 W OF CO RD LESS PL R/W LESS TRANS LN R/W PER TUKWILA LOT CONSOLIDATION #L16-0074 REC # 20170913900006 AND RERECORDED UNDER REC # 201803002900007. Assessor's Property Tax Parcel/Account Number(s): 042304-9014 \°\ Thls Document Is Recorded As A Courtesy Onry. WstAmerican ?ille Insurance Comport Assumes No liability For:. Sufficiency.VoildIt OrAccuraoy,. Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET ORIGINAL Electronically Recorded Document Title: Agreement by and Between the City of Tukwila and SEBCO Inc. for Payment in Lieu of Constructing Frontage Improvements Parties: SEBCO Inc. 4020 East Madison Street, Ste 320 Seattle, WA 98112 Attn: Jay Blasingame Legal Description: A Portion of S 389.23 FT OF GL 10 LY E OF ST RD #1 TGW S 389.23 FT OF SW VI OF SW 'A STR 03-23-04 W OF CO RD LESS PL R/W LESS TRANS LN R/W PER TUKWILA LOT CONSOLIDATION #L16-0074 REC # 20170913900006 AND RERECORDED UNDER REC # 201803002900007. Assessor's Property Tax Parcel/Account Number(s): 042304-9014 \S°\ Thts Document Is Recorded As A Courtesy Only. first American Title Insurance Company Assumes No liability For Sufficiency. Validity Or Accuracy AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEBCO,Inc. FOR FOR PAYMENT IN LIEU OF CONSTRUCTING FRONTAGE IMPROVEMENTS This Agreement is made and entered into this J-11day of October 2018, by and between the CITY OF TUKWILA ("City"), a non -charter, optional code Washington municipal corporation, and SEBCO Inc., ("Developer") a Washington Corporation, having place of business at 4020 East Madison St., Ste 320, Seattle, WA 98112. 1 ("Developer") I. RECITALS WHEREAS, the Developer wishes to construct a new 97,932 tilt up warehouse building and associated site improvements (storm drainage, parking, landscaping ,etc) at 11060 Tukwila International Blvd, Tukwila, Washington ("Development") with other associated on -site private improvements; more particularly described by the legal descriptions contained in Attachment A, attached hereto and incorporated by reference; and WHEREAS, under TMC Chapter 11.12.030, this proposed development is required to install curbs and gutters, sidewalks and other frontage improvements in accordance with specifications and standards of the TMC and approved by the Public Works Department; and WHEREAS, all roadway design in the City shall meet the design guidelines and requirements in the Transportation Element of the Comprehensive Land Use Pan, other applicable subarea plans and the requirements under Tukwila Municipal Code ("TMC"); and WHEREAS, under TMC Section 11.12.030(C) payment in lieu of improvements is an option authorized by the zoning code that may be exercised by the Developer if approved by the Director of Public Works; and WHEREAS, the City and Developer have agreed that street frontage improvements would be more efficiently constructed as part of the City's Project and the Developer agrees to pay the City an amount equal to the cost of installing the required frontage improvements as specified in this agreement; and WHEREAS, pursuant to TMC 11.12.030(C) the Developer and City hereby enter into this agreement pursuant to the terms and conditions set forth herein; NOW THEREFORE, in consideration of the foregoing mutual promises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Improvements. The Director has determined that street frontage improvements required for the Development should be constructed as part of the City's Project. Page 1 of 5 2. Payment. The Developer has provided documentation satisfactory to the Director that establishes the cost of materials, labor and quantities in an amount equal to the property owner's cost of installing frontage improvements. The Developer shall pay to the City a total amount of $159,111.62 (13,735.27 for Tukwila International Blvd and $ 145,376.75 for S 112t Street) in lieu of constructing the frontage improvements Prior to request for occupancy, the Developer shall place with the City cash or cash equivalent form acceptable to the City of Tukwila. Length of Agreement This Agreement shall remain in effect for 5 years from the date of the execution of this Agreement by all parties. The Public Works contact shall be awarded by the City no later than five years from the execution of this Agreement for funds held by the City to be eligible for use and credited against the Development's frontal improvements Termination of Agreement The Developer, as part of this Agreement has assigned funds to the City in the amount of $159,111,62. These monies will remain with the City and accrue interest which may be used as part of the final actual cost of the frontal improvements. If the City doesn't award the construction contract within five years, the assigned funds and accrued interest shall revert back to the owner. The owner may elect to terminate this Agreement before the five years is complete, otherwise assigning these funds to the City of Tukwila for other use, at the City sole discretion, on improvements to Tukwila International Blvd and South 112t1' Street 3. Amendment. This Agreement shall only be amended by a written agreement executed by both the Developer and the City. 4. Recording. The terms and conditions of this Agreement shall be covenants running with the land. The Developer authorizes this to be recorded in the office of the Recorder, King County, Washington. 5. Enforcement. This Agreement shall only be enforced by the parties hereto. No third party shall have standing to enforce the terms of this Agreement. 6. Waiver of Objection. The Developer, for itself and its successors and assigns hereby waives any objection that it may have to the payment. 7. Severability. If any section, sentence, clause, provision or portion of this Agreement is declared unlawful or unconstitutional for any reason, the remainder of this Agreement shall continue in full force and effect. 8. Notice. All notices or communications provided for by this Agreement must be in writing, and may either be delivered personally, by certified mail, or by express delivery service, return receipt requested. Such notices shall be deemed delivered on the date of receipt, as Page 2 of 5 evidenced by the return receipt or the equivalent, (e.g., date stamp of recipient). All notices or communications shall be given to the Parties at their addresses set forth below: Page 3 of 5 For the City of Tukwila: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 For Sebco Inc: Attn: ---- --` - -n-4'ri �c._ 4020 East Madison St., Ste #320 Seattle, WA 98112 9. Entire Agreement. This Agreement contains the entire Agreement between the Developer and the City regarding this subject matter. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. ON BEHALF 1F CITY �; T, KWILA, a Washington municipal corporation ,t> By: an Ek Its: Date: Ia -acp- 16 Attest/Authenticated: Christy O'Flaherty, City Clerk ON BEHALF OF SEBCO,Inc. By: Its: Date: Mayor Page 4 of 5 STATE OF WASHINGTON ) )ss COUNTY OF 4 ( stL On 12 - 2(9" 13 , 2018, before me, the undersigned, a Notary Public, personally appeared ALLAN EKBERG, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. Print Name: 6 I Paco NOTARY PUBLIC in and for the State of Washington, residing at ' T - w loft My commission expires: 12 ` / q - `9 STATE OF WASHINGTON ) )ss COUNTY OF r ; l 9 On , 2018, before me, the undersigned, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose naive is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, as V i C ; P s d' 6'1--wA of SEBCO Inc. and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. ct- Print Name: 14 &t L L1 F1 NOTARY PUBLIC in and for the State of Washington, residing at r' 6( -(-(i My commission expires: c( - / 1 i Page 5 of 5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3; AND OF GOVERMENT LOT 10 IN SECTION 4, OF TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, ALL LYING BETWEEN THE EASTERLY MARGIN OF STATE ROAD NO. 1 (TUKWILA BOULEVARD, PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS. 3909047 AND 3909049, AND THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH (STATE HIGHWAY NO. 5-M, DUWAMISH ROAD) RIGHT OF WAY, AND LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 389.23 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 4 EXTENDED EAST; EXCEPT THE SOUTH 60 FEET THEREOF AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 121648 BY THE CITY OF SEATTLE FOR PIPELINE RIGHT OF WAY, PURSUANT TO ORDINANCE NO. 37022; AND EXCEPT THAT PORTION THEREOF AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 469557 BY THE CITY OF SEATTLE FOR TRANSMISSION LINE PURPOSES, PURSUANT TO ORDINANCE NO. 82986; AND EXCEPT THAT PORTION THEREOF AS CONVEYED TO KING COUNTY FOR WIDENING SAID EAST MARGINAL WAY SOUTH UNDER RECORDING NO. 8806090815; AND EXCEPT THAT PORTION THEREOF LYING BELOW THE 500 FOOT VERTICAL DEPTH LEVEL BELOW THE SURFACE OF THE PROPERTY, AS RESERVED UNDER RECORDING NO. 6262412.