HomeMy WebLinkAbout2023 - Declaration of Public Pedestrian Access Easement - Columbia Trust Company et al / City of Tukwila - 20230320000260Instrument Number: 20230320000260 Document:EAS Rec: S221.50 Page -1 of 19
Record Date:3/20/2023 9:50 AM
Electronically Recorded King County, WA
Return Address:
City of Tukwila
Attn: Nora Gierloff, DCD Director
6200 Southcenter Boulevard
Tukwila, WA 98188
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT
Reference Number(s) of Documents assigned or released:
N/A
Grantor(s) (Last name, first name, initials)
COLUMBIA TRUST COMPANY; KAREN DANIEL!: AND JOSEPH R. DESIMONE as Co -Trustees under
the Testamentary Trust of Giuseppe Desimone, deceased, and as Co -Trustees under the Testamentary Trust of
Assunta Desimone, deceased.
Grantee(s) (Last name first, then first name and initials)
CITY OF TUKWILA
Additional names on page: N/A.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
PTN OF GOV'T LOTS 5, 6, 7, 11 IN SECT. 4 & PTN OF N W1/4 OF SEI/4 OF SECTION 4 T.23N., R.43.,
WM.
Full legal is on page 13 of the document.
Assessor's Property Tax Parcel/Account Numberli Assessor Tax # not yet assigned
042304-9150; 042304-9011; 042304-9001; 042304-9073
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein,
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, 1 ereby understand th t the recording process may cover up or otherwise obscure some part of the text
of the orighI iocument as a result resultfthis re est."
Signature of Requesting Party
Note to Submitter: Do not sign y additional $50 fee if the document meets margin/formatting requirements
Instrument Number: 20230320000260 Document:EAS Rec: S221.50 Page -2 of 19
Record Date:3/20/2023 9:50 AM King County, WA
DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT
THIS DECLARATION OF PEDESTRIAN ACCESS EASEMENT ("Declaration") is made by
and between COLUMBIA TRUST COMPANY, KAREN DANIELI and JOSEPH R.
DESIMONE, as Co -Trustees under the Testamentary Trust of GIUSEPPE DESIMONE,
deceased, and as Co -Trustees under the Testamentary Trust of ASSUNTA DESIMONE,
deceased (each said trust as to a 50% tenant-in-common interest), referred to herein
collectively as ("Grantor"), DPIF2 WA 6 OXBOW, LLC, a Delaware limited liability
company ("Developer") and the CITY OF TUKWILA, a Washington optional municipal code
city ("Grantee").
RECITALS
WHEREAS, Grantor owns certain real property located adjacent to the Duwamish River
in the City of Tukwila, Washington (the "Property"), more particularly described in Exhibit A
attached hereto and incorporated herein, by this reference; and
WHEREAS, Grantor has entered into a ground lease with Developer (the "Growid
Lease"), under which Developer has constructed a project on the Property (the "Project"); and
WHEREAS, as part of Project development, Developer has developed a public
recreational trail (the "Trail") along the Duwamish River within Grantee's corporate limits,
which Trail is located within the area (the "Easement Area") legally described in Exhibit B and
depicted in Exhibit B-1, both attached hereto and incorporated herein by reference; and
WHEREAS, pursuant to Tukwila Municipal Code 18.44.100 and City of Tukwila
Shoreline Substantial Development Permit #L19-0095, Grantee is requiring that,Grantor
provide Grantee an easement for public access to the Trail that must be recorded prior to final
approval of the building permit for the Project; and
NOW, THEREFORE, in consideration of the benefits and conditions described herein,
the receipt and sufficiency of which are hereby acknowledged, the following grants,
agreements, covenants and restrictions are made:
I. Grant of Easement
Grantor hereby conveys and grants to Grantee, for the use and benefit of the
general public for pedestrian and non -motorized access, a perpetual, irrevocable, and
nonexclusive easement (the "Easement") (more particularly described in Exhibits B and
B-1 attached hereto and incorporated herein by this reference) over, across, along, in and
upon, the Easement Area, subject to the following terms and conditions contained
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herein, by which Grantee and Developer agree to be bound. This Easement is dedicated
to the use of the public forever. The Grantor, Developer, Grantee, and all other members
of the public shall be entitled to use the Easement Area for the purpose of free and
unfettered access by pedestrians and non -motorized Vehicles.
2. Use of the Easement Area
The Grantor retains the right to use the Easement Area for any purpose not
inconsistent or unreasonably interfering with the easement rights granted to the Grantee.
Use of the Easement Area does not include the authority to plant or maintain landscaping
in the Easement Area that are not in compliance with Grantee's municipal code or which
may have root patterns that could cause damage to or unreasonably interfere with
pedestrian improvements or to erect or maintain any structures, fences, gates, or any
other physical feature within the Easement Area that will act as a barrier to pedestrian
access.
3. Maintenance.
Except as otherwise provided in this Declaration, Developer shall be responsible
for all maintenance incurred with respect to the Easement Area throughout the term of
the Ground Lease. If the Ground Lease expires or is terminated for any reason, all
Developer responsibilities within this section will revert solely to the Grantor, unless the
Ground Lease is sold or assigned in which case the Developer responsibilities will be
transferred to such purchaser and/or assignee as the case may be. The Developer shall be
required to maintain the Easement Area in a reasonably safe condition for pedestrians,
including promptly making repairs as hazardous conditions are reported either to the
Grantee, Grantor, or Developer directly by the traveling public. Should the Grantee
receive any reports from the public regarding hazardous conditions on the Easement
Area, the Grantee shall promptly notify the Developer of such report. In the event that
Developer fails to commence any required maintenance or repairs on, under or across the
Trail within a reasonable period of time after written notice from Grantor or Grantee,
Grantor or Grantee mayperform the work and shall be promptly reimbursed from
Developer. Notwithstanding the indemnification provisions of Paragraph 4 below, the
Developer specifically agrees to protect, defend, indemnify, and hold harmless the
Grantor and Grantee, and their respective officers, officials (appointed and elected),
trustees, employees, and agents, from any and all costs, claims, demands, judgments,
damages, or liability of any kind, including injuries to persons or damages to property,
arising out of or in any way resulting from any negligent acts or omissions relating to
maintenance or repair of the Trail ancUor Easement Area.
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4. Indernnity
Grantee shall indemnify, defend, and hold harmless and reimburse Grantor,
Developer, and their trustees, partners, officers, agents and employees, from and against
and for any and all liabilities, obligations, penalties, fines, suits, claims, demands,
actions, costs and expenses of any kind or nature, including, without limitation attorneys'
fees that may be imposed upon or asserted against Grantor or Developer by reason of (a)
the Grantee's breach or violation of any term or provision of this Declaration, (b)
Grantee's or the public's presence on, possession or use of, the Easement Area, and /or
(c) any act or omission of the Grantee or its successors, employees, contractors,
subcontractors, licensees, tenants, guests, members of the public, invitees or agents,
except claims caused by and to the extent of the negligence of Grantor. The foregoing
indemnity shall include, but not be limited to, any claims for injury to or death of persons
(including, without limitation, the Grantee's employees), damage to property, nuisance,
mechanics' and materialmen' s liens, construction liens, workers' compensation and
unemployment taxes, fines and penalties, and envirorunental damages.
Developer and Grantor shall indemnify, defend, hold harmless and reimburse the
Grantee, its officers, officials (appointed and elected) agents and employees, from and
against and for any and all liabilities, obligations, penalties, fines, suits, claims, demands,
actions, costs and expenses of any kind or nature, including, without limitation and
attorneysfees that may be imposed upon or asserted against Grantee by reason of (a)
Grantor's or Developer's, as the case may be, breach or violation of any term or
provision of this Declaration, (b) Grantor's presence on, possession or use of, the
Easement Area, and /or (c) any act or omission of Grantor or Developer or its successors,
employees, contractors, subcontractors, licensees, tenants, guests, invitees or agents,
except claims caused by and to the extent of the negligence of the Grantee or members of
the public. The foregoing indemnity shall include, but not be limited to, any claims for
injury to or death of persons (including, without limitation, Grantor's employees),
damage to property, nuisance, mechanics' and materialmen' s liens, construction liens,
workers' compensation and unemployment taxes, fines and penalties, and environmental
damages. The liability of Grantor and/or Developer, as the case may be, assumed under
this provision is intended to be several and not joint, so that only the party causing the
liability, obligation, penalty, fine, suit, claim, demand, action, cost and/or expense subject
to this provision is obligated to indemnify, defend and hold the Grantee harmless.
The provisions of this Section shall apply to claims by the Developer's and
Grantor's own employees and the Grantor's and Developer's agents, representatives,
contractors, and subcontractors to which Developer and Grantor might otherwise be
immune under Title 51 RCW. This waiver of immunity under Title 51 RCW has been
mutually negotiated by the parties hereto, and the Developer and Grantor acknowledges
that the Grantee would not enter into this Declaration without the Developer's and
Grantor's waiver thereof.
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Any Developer indeinnity obligations or benefits in this Section shall terminate
upon termination of the Developer's tenancy at the Property. It is expressly agreed that
Developer is entitled to the benefit and protections of RCW 4.24.210.
5. Successor
This Declaration shall be recorded with the King County Recorder's Office and
shall constitute a perpetual easement and servitude running with the land, inuring to the
benefit of the general public parties and the parties hereto, their heirs, executors,
administrators, successors and assigns. In the event Developer hereafter desires to assign
its rights under the Ground Lease to another party, Developer shall first obtain Grantor's
written consent to such assignment (which consent shall not be unreasonably withheld) in
accordance with the terms and conditions of the Ground Lease and, if such assignment is
consented to by Grantor, such consent shall operate to assign Developer's rights,
interests, and obligations under this Declaration. If such assignment occurs, Grantor shall
provide written notice to Grantee within thirty (30) days of any such assignment.
Should the Ground Lease be terminated or otherwise expire without such
assignment, all Developer responsibilities within this Declaration will revert solely to the
Grantor.
6. Applicable Law
This Declaration shall be governed by and construed in accordance with the laws of
the State of Washington.
7. Eminent Domain
If any part of the Easement Area is taken by any governmental agency in the
exercise of its power of eminent domain, the award granted under such proceedings,
or any settlement in lieu thereof, for the taking of such property shall be wholly payable
to Grantor. If less than all of the Easement is taken, the Declaration granted herein shall
continue in full force and effect with respect to the portion of the Easement Area not
taken. If all of the Easement Area is taken, this Declaration (and all easement rights
herein granted) shall terminate immediately and the obligations hereunder of Grantor
and Grantee shall automatically cease and terminate, except for any obligations
concerning events occurring prior to the termination of the Declaration. Upon such
termination, Grantee and Developer shall, upon Grantor's request, promptly execute
and cause to be recorded with the King County Recorder's Office, a document
terminating this Declaration.
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8. Alternate Shoreline Rehabilitation Plan.
Grantor may (but is not required to) submit application to the City of Tukwila (the
"City") in the future for approval to undertake a rehabilitation of the shoreline area of the
Property, including the Easement Area, to enhance the qualities and features of this area
for fishery and habitat resources (the "Shoreline Rehabilitation Plan"). The Shoreline
Rehabilitation Plan may be inconsistent with public access on the Trail provided under
this Declaration. If the City approves a Shoreline Rehabilitation Plan which eliminates
the Trail, then this Declaration (and all easement rights granted herein) shall
automatically be terminated upon commencement of the Shoreline Rehabilitation Plan,
except for any obligations concerning events occurring prior to the termination of the
Declaration. Upon such termination, Cirantee and Developer shall, upon Grantor's
request, promptly execute and cause to be recorded with the King County Recorder's
Office, a document terminating this Declaration.
9. Miscellaneous
(a) In the event of any action or arbitration by any party to this Declaration for breach
of or to enforce any provisions or rights hereunder, the reasonable costs and expenses
incurred by the substantially prevailing party in such action, including, but not limited
to, such substantially prevailing party's reasonable attorneys' fees, shall be paid by the
other party or parties to such action or arbitration.
(h) Neither this Declaration nor any acts of any party shall be deemed or construed
by the parties hereto, or any of them, or by any third person, to create the relationship
of principal and agent, or of partnership, or of joint venture, or of any association.
(c) Any modification, waiver, amendment, discharge or change of this Declaration
shall be valid only if the same is in writing and signed and acknowledged by all of the
parties, and an original thereof is recorded in the real property records of King County,
Washington.
(d) In the event any term, covenant, condition, provision, or easement contained in
this Declaration 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 tenn, covenant, condition, provision, or easement
contained in this Declaration.
(e) Paragraph captions are inserted as a matter of convenience and for reference and in
no way define, limit, extend or describe the scope of this Declaration or any of its
provisions.
(f) Any notices required by this Declaration shall be in writing and shall be
personally delivered or sent by certified mail, return receipt requested, to Grantor
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and Grantee respectively at the following addresses, unless a party has been notified
by the other of a change of address.
To Grantee:
To Grantor:
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Attorney
COLUMBIA TRUST COMPANY
1301 A Street, Suite 800
Tacoma, WA 98104 Attn: James Rooney
KAREN DANIEL'
JOSEPH DESIMONE
5609 SW Manning St.
Seattle, WA 98116-3149
To Developer: DPIF2 WA 6 OXBOW, LLC
5500 Equity Avenue
Reno, Nevada 89502
Attn: Douglas Lanning
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[GRANTOR SIGNATURE PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the
latest date it is executed by all parties.
"Grantor"
GIUSEPPE DESIMONE TRUST.
COLUMBIA TRUST COMPANY, as Co -Trustee under the
Testamentary Trust of GIUSEPPE DESIMONE, deceased.
cfE
By:
Its:
11A.41.
KAREN DANIELI, as Co -Trustee under the Testamentary Trust
of GIUSEPPE DESIMONE, deceased
r 41
1SSEH R. DESIMONE, as Co -Trustee under the Testamentary
Trust of GIUSEPPE DESIMONE, deceased
ASSUNTA DESIMONE TRUST
COLUMBIA TRUST COMPANY, as Co -Trustee under the
Testamentary Trust of ASSUNTA DESIMONE, deceased
I
Gia)
CA_Gtk,
By:
Its: V
DANIELL as Co -Trustee under the Testamentary Trust
UNT DESIMONE, deceased
EP R. DESIMONE, as Co -Trustee under the Testamentary
Trust of ASSUNTA DESIMONE, deceased
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[GRANTOR SIGNATURE PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the
latest date it is executed by all parties.
"Grantor''
GIUSEPPE DESIMONE TRUST
COLUMBIA TRUST COMPANY, as Co -Trustee under the
Testamentary Trust of GIUSEPPE DESIMONE, deceased
By:
Its:
10,
KAREN DANIELI, as Co -Trustee under the Testamentary Trust
of GIUSEPPE DESIMONE, deceased
JOSEPH R. DESIMONE, as Co -Trustee under the Testamentary
Trust of GIUSEPPE DESIMONE, deceased
ASSUNTA DESIMONE TRUST
COLUMBIA TRUST COMPANY, as Co -Trustee under the
Testamentary Trust of ASSUNTA DESIMONE, deceased
By:
Its:
a.
a A /1.4-4.47,AL
KAREN DANIELI, as Co -Trustee under the Testamentary Trust
of ASSUNTA DESIMONE, deceased
JOSEPH R. DESIMONE, as Co -Trustee under the Testamentary
Trust of ASSUNTA DESIMONE, deceased
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STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I certify that 1 know or have satisfactory evidence that - a is Vie person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated,,t17at he/she was authorized to execute the instrument and acknowledged it as the
(12,'( dpf Columbia Trust Company, the Co- Trustee under
the Testamentary Thist of Giuseppe Desimone, deceased, and the Co -Trustee under the
Testamentary Trust of Assunta Desimone, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
°TA&
ra
rij
927 0 vgi
,103b JO 4E
WASYk
WAW.
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ef&E
Type/Print Name of Notary
/7
(,Lif-Va
Notary Public in and fqr the State of Washington, residing
at: ) -47() (iA 77Ott"4(s.../c4
My appointment expires 5I
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document
State of CALV - A. )
County of 1RA
On ')A1Qtit,Alal Bt
efo2re me,
AlLq ptiv Git- 'Punta
(insert name of notary) Notary Public,
personally appeared Karen Daniell, who proved to me on the basis of satisfactory evidence to
be the persons) whose names 1 is/ subscribed to the within instrument and acknowledged
to me thatiKe/she/t1Xy executed the same in Wher/thpif authorized capacity*, and that by
/her/their signature V) on the instrument the person(, or the entity upon behalf of which the
acted, executed the instrument.
person
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand arid official seal.
Signatu
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(Seal)
SALLY DAVILA
Nintary Pubk. - California
Rk•erside, County
Coninnrionij 229479.1
My CcJmni. F„Jvixo$ Jun 25, 2023
vio..tler,nrimirmffluommgem,it ,0090.
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STATE OF
A r
COUNTY OF
) ss.
I certify that I know or have satisfactory evidence that Joseph R. Desimone is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath and
stated that he was authorized to execute the instrument and acknowledged it as the Co -Trustee
under the Testamentary Trust of Giuseppe Desimone, deceased, and as Co -Trustee under the
Testamentary Trust of Assunta Desimone, deceased, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated: Fc ucrn3 21720/3_
JENNIE CAROLYN SANDERS
NOTARY PUE3LIC ARIZONA
Maricopa County
Commission # 630689
My Commission Expires
May 27 2028
IIII,WRIPPRowmpuiermrimipmar-41b
(EFM2731450 DOC:XJ/13175 000001/
nature of Notary
rinle, Camp kSarylerc
Type/Print Name ofNotary
Notary Public in and for the State o
at: 121O S. PDWC.r W. Mesa, My
-
My appointment expires:
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[DEVELOPER SIGNATURE PAGE].
"Developer''
DPIF2 WA 6 OXBOW, LLC,
a Delaware limited liability company
By:
Name:
Title: Chief Fnanci& QffjcAr
STATE OF NEVADA
) ss.
COUNTY OF WASHOE
I certify that I know or have satisfactory evidence that /,',e,har /if a / is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
o4th and stated that he/she was authorized to execute the instrument and acknowledged it as the
(iv iiii/aue efr-file oft//12 I(/// (, acyak /e to be the free and
voluntary act of such party for the uses and purposes entioned in the instrument.
Dated.
, 2023.
MCKAY KLONiCKE
Notary Public - State of Nevada
Appointment Recorded in Washoe County
No:20-9601-02 - Expires April 1, 2024
f EFM2731450,1DOCX; 1/13175.00000 1/ }
)1(
nature of Notary
Type/Print Name of Notary
Notary Public in and for theState4Nev95ia,/
residing at: (5,00 itP/(/' hP4 • kfile //V
My appointment expires: fy//0//20e77
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[GRANTEE SIGNATURE PAGE]
"Grantee"
CITY OF TUK
city
B
Name: Al an Ekberg
a Washington optional municipal code
Title: Mayor
STATE OF WASHINGTON
ss.
COUNTY OF KING
1 certify that I know or have satisfactory evidence that is .......,kberzy is the person who
appeared befor ,me, and said person acknowledged tha)she signed this instrument, on oath
and stated th e he was authorized to execute the instrument and acknowledged it as the
14-70“. of the City of Tukwila, to be the free and voluntary act
of such pa or the uses and purposes mentioned in the instrument.
Dated: 1-17a4/4-4/ "1 , 20 23
,0411111 IMF,"
'1,o -TRA
......
NOTARy
PUBLIC
.EXPIC.k9.
ASkA\
•
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Signature of otary
Notary Public in and for the State of Washington, residing
at: /4> ,ettrl
My appointment expires: /0 47 —.29
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EXI IBIT B
Legal Description of Easement Area
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Legal Description of the Trail Easement
LEGAL DESCRIPTION
TRAIL EASEMENT
A STRIP OF LAND 20,80 FEET IN WIDTH OVER, UNDER AND ACROSS THAT PORTION OF THE
FOLLOWING DESCR:: ED PROPERTY:
THAT PORTION OF GOVERNMENT LOTS 6 AND 7, IN SECTION 4, TOWNSHIP 23 NORTH,
RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4,
LYING NORTHEASTERLY OF THE NORTHEASTERLY BOUNDARY LINE OF PROPOSED
EXTENSION OF THE DUWAMISH WATERWAY, WHICH THE PARTIES HERETO AGREE
SHALL BE DESCRIBED AS A LINE PARALLEL TO, AND 225 FEET NORTHEASTERLY FROM,
MEASURED AT RIGHT ANGLES, THE SOUTHEASTERLY PROJECTION OF THE CENTER
LINE OF THE EXISTING DUWAMISH WATERWAY (COMMERCIAL WATERWAY DISTRICT
NO, 1 OF KING COUNTY), IN KING COUNTY, WASHINGTON.
ALSO
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND
GOVERNMENT LOT 5 OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST Of THE
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WITHIN THAT PARCEL
DESCRIBED AS FOLLOWS:
THAT PORTION OF GOVERNMENT LOTS 5, 6, 7 AND 11 AND THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER ALL IN SECTION 4. TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., LYING NORTHEASTERLY OF PRIMARY STATE HIGHWAY NO, 1, AS
ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 529021 AND
NORTHEASTERLY OF WEST MARGINAL PLACE SOUTH AND NORTHEASTERLY OF THE
CITY OF SEATTLE TRANSMISSION LINE EASEMENT ESTABLISHED BY KING COUNTY
SUPERIOR COURT CAUSE NO. 469557 AND LYING SOUTHERLY AND WESTERLY Of THE
DUWAMISH RIVER,
EXCEPT ANY PORTION THEREOF LYING WITHIN LOTS 1 AND 2 OF KING COUNTY SHORT
PLAT NO. 588023, RECORDED UNDER RECORDING NO. S006050697.
AND EXCEPT ANY PORTION THEREOF LYING NORTHEASTERLY OF A LINE BEING 225
FEET NORTHEASTERLY OF THE CENTER OF THE PROPOSED EXTENSION OF THE
DUWAMISH WATERWAY,
ALSO
THAT PORTION OF GOVERNMENT LOT 6 SITUATED WITHIN THE NORTHEAST QUARTER
OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE WILLAMEi it MERIDIAN,
IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF A LINE BEING 225 FEET
NORTHEASTERLY OF THE CENTER OF THE PROPOSED EXTENSION OF THE DUWAMISH
WATERWAY.
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Instrument Number: 20230320000260 Document:EAS Rec: $221.50 Page -17 of 19
Record Date:3/20/2023 9:50 AM King County, WA
HAVING 10.00 FEET OF SUCH WIDTH LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SMD GOVERNMENT LOT 5 IN
SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M„ AND THE NORTHEASTERLY MARGIN
OF WEST MARGINAL WAY SOUTH;
THENCE NORTH 35°4513" WEST, 77.27 FEET ALONG SAID NORTHEASTERLY MARGIN TO THE
TRUE POINT OF BEGINNING OF HEREIN DESCRIBED CENTERLINE, BEING A POINT ON THE ARC
OF A NON -TANGENT CURVE, THE RADIUS OF WHICH BEARS NORTH 305040WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 52.17 FEET, THROUGH A CENTRAL ANGLE OF 51'45'44", AND AN ARC
LENGTH OF 47.13 FEET TO A POINT OF REVERSE CURVATURE.
THENCE NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
222.57 FEET, THROUGH A CENTRAL ANGLE OF 140,01 t", AND AN ARC LENGTH OF 54.40 FEET;
THENCE NORTH 212347' EAST, 175,00 FEET TO A POINT OF TANGENCY;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
105.56 FEET, THROUGH A CENTRAL ANGLE OF 31°25'56, AND AN ARC LENGTH OF 57.91 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
260.92 FEET, THROUGH A CENTRAL ANGLE OF 152319", AND AN ARC LENGTH OF 70.08 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
99.92 FEET, THROUGH A CENTRAL ANGLE OF 31°0845", AND AN ARC LENGTH OF 54.32 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
154.24 FEET, THROUGH A CENTRAL ANGLE OF 541449, AND AN ARC LENGTH OF 146.03 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
65.13 FEET, THROUGH A CENTRAL ANGLE OF 4816'29", AND AN ARC LENGTH OF 54.87 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
90.08 FEET, THROUGH A CENTRAL ANGLE OF 543349, AND AN ARC LENGTH OF 85.79 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
41.01 FEET, 'THROUGH A CENTRAL ANGLE OF 110'2T37, AND AN ARC LENGTH OF 79_07 FEET;
THENCE SOUTH 61'2922" EAST, 200.00 FEET TO A POINT OF TANGENCY;
THENCE EASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 107.93
FEET, THROUGH A CENTRAL ANGLE QF 2014'12', AND AN ARC LENGTH OF 38.12 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE EASTERLY ALONG THE ARC QF A CURVE TO THE RIGHT, HAVING A RADIUS OF 137.98
FEET, THROUGH A CENTRAL ANGLE OF 21'2514', AND AN ARC LENGTH OF 51,58 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE EASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 153.61
FEET, THROUGH A CENTRAL ANGLE OF 193913, AND AN ARC LENGTH OF 52.69 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
383.72 FEET, THROUGH A CENTRAL ANGLE OF 263922, AND AN ARC LENGTH OF 178.52 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
727.94 FEET, THROUGH A CENTRAL ANGLE OF 15°3200, AND AN ARC LENGTH OF 197.35 FEET;
{EFM2731450,DOCX;1/ 75.000001/
10238203.02/0C
-17-
Instrument Number: 20230320000260 Document:EAS Rec: $221.50 Page -18 of 19
Record Date:3/20/2023 9:50 AM King County, WA
THENCE SOUTH 68*5011" EAST, 5000 FEET TO A POINT OF TANGENCY;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
493.72 FEET, THROUGH A CENTRAL ANGLE OF 13'4532*, AND AN ARC LENGTH OF 118.56 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
385.58 FEET, THROUGH A CENTRAL ANGLE OF 16•3712, AND AN ARC LENGTH OF 111.84 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
335.20 FEET, THROUGH A CENTRAL ANGLE OF 140T44, AND AN ARC LENGTH OF 82.66 FEET
TO.4 POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING.4 RADIUS OF
871.55 FEET, THROUGH A CENTRAL ANGLE OF 1204115", AND AN ARC LENGTH OF 183.57 FEET;
THENCE SOUTH 69'38'12" EAST, 200.00 FEET TO.4 POINT OF TANGENCY;
THENCE SOUTHEASTERLY ALONG THE ARC OF.4 CURVE TO THE RIGHT, HAVING A RADIUS OF
192.67 FEET, THROUGH A CENTRAL ANGLE OF 111956., AND AN ARC LENGTH OF 3&11 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE EASTERLY ALONG THE ARC OF.4 CURVE TO THE LEFT, HAVING A RADIUS OF 285.64
FEET, THROUGH A CENTRAL ANGLE OF 190723, AND AN ARC LENGTH OF 95.33 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
67.02 FEET, THROUGH.4 CENTRAL ANGLE OF 462038", AND AN ARC LENGTH OF 54.21 FEET TO
A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
178. FEET, THROUGH A CENTRAL ANGLE OF 26°46'39", AND AN ARC LENGTH OF 83,65 FEET
TO.4 POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
145.89 FEET, THROUGH A CENTRAL ANGLE OF 33118'31", AND AN ARC LENGTH OF 84.39 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
56022 FEET, THROUGH A CENTRAL ANGLE OF 0952'21", AND AN ARC LENGTH OF 96.53 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING.4 RADIUS OF
427.61 FEET, THROUGH A CENTRAL ANGLE OF 15°46'11", AND AN ARC LENGTH OF 117.69 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY ALONG THE ARC OF.4 CURVE TO THE LEFT, HAVING A RADIUS OF
2,626,67 FEET, THROUGH A CENTRAL ANGLE OF 02`30'40, AND AN ARC LENGTH OF 115.12
FEET TOA POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY ALONG THE ARC OFA CURVE TO THE RIGHT, HAVING A RADIUS OF
142.68 FEET, THROUGH A CENTRAL ANGLE OF 26'47'23, AND AN ARC LENGTH OF 66.71 FEET
TOA POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 686.34
FEET, THROUGH A CENTRAL ANGLE Of 16'50'32". AND AN ARC LENGTH OF 201.75 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 87.83
FEET, THROUGH.4 CENTRAL ANGLE OF 4305'54, AND AN ARC LENGTH OF 66.07 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING.4 RADIUS OF 344.08
FEET, THROUGH A CENTRAL ANGLE OF 26'4328, AND AN ARC LENGTH OF 1 1 49 FEET TO A
POINT OF REVERSE CURVATURE;
(EFM2731450DOCX;1/13175.000001/
10238203.02/OC
-18-
Instrument Number: 20230320000260 Document:EAS Rec: S221.50 Page -19 of 19
Record Date:3/20/2023 9:50 AM King County, WA
EXHIBIT B-1
Depiction of Easement Area
EASEme4T
POINT :J.
COMMENCENEK1
SCALE:
NCORIZONTAL 1-=5EKY
EIARGIIAUSEN
Inii]
CONSULTING ENGINEERS. INC
7714 AVENLE SOU'IN
KENT, *A SOCS2
t2S 251,6222 BARGNEUSEN.00v
For.
DERMODY
PROPERTIES
JOB NUNSER
20723
2:0723L,002/A3C
TN°,
TRAIL EASEMENT
EXHIBIT
OESTMED
RA WN
{EFM2731450DOCX1/13175.000001/ )
10238203.02/0C
-19-
SNEE7
1 1
Inirc 1/13.1.2E—