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Home My WebLink About2016 - Access and Parking Easement Agreement - LIT Industrial / Thomcat Investments - 201605270016202016U5Z/UU1b2U.UU1 Return Address Vinson & Elkins L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 Attn: Cathy Corcoran 20160527001620 FIDELITY (DOJO EAS 87.00 08 27/2018E-010F14:18 KING COUNTY, WA Document Title(s) (or transactions contained therein): 1. Access and Parking Easement Agreement Grantor(s) (Last name first, then first name and initials): 1. LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership Grantee(s) (Last name first, then first name and initials): I. THOMKAT INVESTMENTS, LLC, a Washington limited liability company Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Grantor Property: PARCEL B CITY OF TUKWILA BLA #L99-0008 REC NO. 9906099010; LOT 1 CITY OF TUKWILA LLA #93-0085 REC NO. 9311301961; "NEW PARCEL D" CITY OF TUKWILA BLA #L 15-0023; "Revised Parcel 5" of City of Tukwila BLA No. L 16-0008 REC No. 20160519900011; LOTS 1 AND 2 CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L12 - 014 REC NO. 20121217001938 Grantee Property: "REVISED PARCEL 3" OF CIT'I( OF TUKWILA BLA NO. L 16-0008 REC NO. 20160519900011. x Full legal is on Pages 11-15 of document. Assessor's Property Tax Parcel/Account Number Grantor Property: 3 52304-9119 Grantee Property: 352304-9119 Access and Parking Easement Agreement US 4018137v.6 Recorded at the request of FIDELITY NATIONAL TITLE MAJOR ACCOUNTS Order # do370109 078 7 20160527001620.002 ACCESS AND PARKING EASEMENT AGREEMENT THIS ACCESS AND PARKING EASEMENT AGREEMENT (this "Agreement") is made and entered into this e day of May, 2016 (the "Effective Date"), by and between THOMKAT INVESTMENTS, LLC, a Washington limited liability company ("Grantee"), and LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("Grantor"). Grantee and Grantor may also be referred to herein singularly as an "Owner" and collectively as the "Owners". RECITALS A. Grantor is the owner of that certain real property legally described in the attached Exhibit A ("Grantor Property"). Grantee is the owner of that certain real property legally described in the attached Exhibit B ("Grantee Property"). The Grantor Property and the Grantee Property may also be referred to herein singularly as a "Property" and collectively as the "Properties". B. The Grantor Property includes, among other property, (i) certain sidewalks, streets and roads (the "Sidewalks, Streets and Roads"), (ii) a driveway located on the portion of the Grantor Property more particularly described in the attached ExhibitC (the "Parking Area Access Driveway"), and (iii) a surface parking area more particularly described in the attached Exhibit D (the "Parking Area"). C. Grantor desires to grant to Grantee certain easements for use of the Easement Areas for the benefit of the Grantee Property, subject to and as more particularly described below in this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. Grants of Easements. Grantor hereby grants, creates and conveys to Grantee and its successors and assigns in ownership of the Grantee Property, for the benefit of the Grantee Property: (a) a perpetual, non-exclusive easement for pedestrian and vehicular ingress and egress (but not, for clarification, parking) in, on, over, above, across and through (i) the Sidewalks, Streets and Roads (which shall not, for clarification, include parking lots or other parking areas) currently located on the Grantor Property (the "Access Easement"), as such Sidewalks, Streets and Roads may be relocated in the future; and (ii) the Parking Area Access Driveway (the "Parking Area Access Easement"), as such Parking Area Access Driveway may be relocated in the future; provided, however, that relocation of any portion of the Sidewalks, Streets and Roads or the Parking Area Access Driveway shall not materially Access and Parking Easement Agreement -t- US 4018137v.6 2U16VJ2 /UU1 Fi2U.UU3 and adversely affect ingress or egress to the Grantee Property or the Parking Area; and provided, further, that any such relocation shall be made at the sole expense of Grantor; and (b) a perpetual, exclusive easement for automobile parking (but not, for clarification, trailer or delivery truck parking) upon and within the Parking Area (the "Parking Area Easement"). (c) The Access Easement, Parking Area Access Easement and the Parking Area Easement are sometimes referred to herein individually as an "Easement" and collectively as the "Easements". The Sidewalks, Streets and Roads, Parking Area Access Driveway and Parking Area are sometimes referred to herein individually as an "Easement Area" and collectively as the "Easement Areas". 2. Cost Sharing. Subject to reimbursement as set forth herein, Grantor shall repair and maintain the sidewalks, streets, roads, driveways and parking spaces within the Easement Areas, and related areas or facilities (collectively, the "Easement Maintenance Area"), in good condition and repair. Grantee shall reimburse Grantor for Grantee's share of the reasonable costs of maintenance, repair and replacement of the Easement Maintenance Area in accordance with this Section 2, including but not limited to, grading, painting, striping, construction, installation, maintenance, rebuilding and replacement of the Easement Maintenance Area, the cost of compliance with applicable laws or legal requirements, the maintenance, repair and replacement of the curb -cuts and storm drains adjacent to the Easement Maintenance Area, the cost of lighting and other utility costs associated with the Easement Maintenance Area, the cost of maintaining or replacing the landscaping adjacent to the Easement Maintenance Area, and, if (but only if) the Easement Areas (or any portions thereof) are conveyed or otherwise transferred to an owners' association or similar entity (an "Owners' Association"), the cost of taxes and insurance relating to the Easement Areas (or applicable portions thereof) ("Repairs and Maintenance"). Grantee's share of the reasonable costs of Repairs and Maintenance ("Repairs and Maintenance Costs") shall be the percentage obtained by dividing (a) the square footage of the improvements located on the Grantee Property (as such square footage may change from time to time) by (b) the aggregate square footage of the improvements located on the Grantee Property and the improvements located on the Grantor Property (as such square footage may change from time to time). Notwithstanding the foregoing, Grantor and Grantee acknowledge that the Repairs and Maintenance Costs payable by Grantee hereunder shall exclude those costs payable by Segale Properties LLC or its successors and assigns pursuant to that certain Easements and Covenants Agreement recorded in the Recorder's Office of King County on December 1, 2015, as Instrument No. 20151201001414. Grantor and Grantee agree that, as of the Effective Date, Grantee's share of the Repairs and Maintenance Costs is 2.033%. Grantor shall give reasonable advance notice (which may be given by email) to Grantee of any Repairs and Maintenance work for which Grantor will request reimbursement pursuant to the terms of this Agreement (other than routine or emergency maintenance and repairs), and shall provide reasonable evidence (which shall include copies of invoices) of the actual Repairs Access and Parking Easement Agreement -2- US 4018137v.6 20160527001620.004 and Maintenance Costs within a reasonable time after completion of the work, together with a calculation of the amount owing from Grantee. 3. Use of the Easement Areas. Grantee shall use the Easement Areas for the uses specified in Section 1 above only, and then in a manner so as to minimize, and avoid if reasonably possible, interference with the use of the Easement Areas (other than the Parking Area) by Grantor or Grantor's Permitted Users (defined below). The Easements granted to Grantee hereunder may be used, in accordance with this Agreement, by those of Grantee's Permitted Users that relate to the Grantee Property. Each party shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. As used herein, "Permitted Users" means Grantor or Grantee (as the case may be) and its tenants, licensees, mortgagees and each of their respective employees, agents, contractors and invitees. 4. Grantor's Use of the Easement Areas. Grantor reserves the right to use the Easement Areas (other than the Parking Area) for any purpose (including granting additional easement and usage rights) not inconsistent with the rights herein granted; provided that Grantor shall not erect, construct, or maintain any structures or building improvements on such Easement Areas that materially interfere with the use of Grantee or its Permitted Users. 5. Parking Area Signage. Subject to applicable legal requirements and Grantor's prior written approval (not to be unreasonably withheld), Grantee may, at its expense, install one sign to indicate that parking within the Parking Area is exclusively reserved for Grantee's Permitted Users (upon approval by Grantor, the "Sign"). Grantee shall install the Sign in a good and workmanlike manner pursuant to approved plans and specifications in accordance with all applicable legal and architectural requirements and guidelines, and in a manner that does not unreasonably interfere with the use of the Grantor Property (the "Sign Requirements"). Thereafter, Grantee shall maintain the Sign in a good, clean and safe condition in accordance with the Sign Requirements. 6. Insurance. (a) Liability Insurance. Throughout the term of this Agreement, each Owner shall procure and maintain commercial general liability insurance against claims for personal injury (including contractual liability arising under the indemnity contained in Section 7), death or property damage occurring upon such Owner's Property, written on an occurrence basis with single limit coverage of not less than an aggregate of Three Million Dollars ($3,000,000.00) (the "Single Limit Coverage Minimum") including umbrella coverage, if any, and subject to increase as set forth below. Such insurance shall name the other Owner as an additional insured. The Single Limit Coverage Minimum shall be subject to periodic increase as reasonably determined by the Owners based upon inflation, increased liability awards, recommendation of any Owner's professional insurance advisers and other relevant factors. Access and Parking Easement Agreement -3- US 4018137v.6 LV IOVOL/VU IOLU.VVO (b) Waiver of Subrogation. Notwithstanding anything herein to the contrary, all Owners each hereby release the others, and the others' partners, officers, directors, members, agents and employees, from any and all liability and responsibility to the releasing party and to anyone claiming by or through it or under it, by way of subrogation or otherwise, for all claims, or demands whatsoever which arise out of damage or destruction of property (including loss of business resulting therefrom) occasioned by perils which are insured by. a "Causes of Loss -Special Form" and/or "special coverage" insurance form, including endorsements extending coverage to the perils of earthquake, earth movement and flood. Each Owner grants this release on behalf of itself and its respective insurance companies. This release and waiver shall be binding upon all parties hereto whether or not insurance coverage is in force at the time of the loss or destruction of property referred to in this Section b(b). 7. Indemnification by Grantee. Grantee shall indemnify, defend and hold Grantor and its officers, agents and employees harmless from and against any and all claims or liability for bodily injury to or death of any person or loss of or damage to any property arising out of Grantee's or Grantee's Permitted Users' use of the Easement Areas or from any activity, work, or thing done, permitted, or suffered by Grantee or its Permitted Users in, on or about the Easement Areas, except claims and liabilities to the extent caused by the sole or gross negligence or willful misconduct on the part of Grantor or any of Grantor's Permitted Users. In the event of claims or liabilities caused by or resulting from the concurrent negligence of Grantor and Grantee, Grantee's liability, including the duty and cost to defend, hereunder shall be only to the extent of Grantee's and its Permitted User's negligence. To the extent (and only to the extent, if any) that RCW 4.24.115 applies to this Agreement, the foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance Act, RCW Title 51, as to Grantor only, and only to the extent necessary to provide Grantor with a full and complete indemnity of claims made by Grantee's employees. The immediately preceding sentence has been specifically negotiated by the parties. 8. Taxes and Assessments. Grantor shall pay all taxes, assessments and charges of any type levied or made by any governmental body or agency with respect to the Grantor Property. 9. Remedies and Enforcement. (a) All Legal and Equitable Remedies. In the event of a breach or threatened breach by any Owner of any of the terms, covenants, restrictions or conditions hereof, the other Owner shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance. (b) Waiver of Lien Rights. Notwithstanding anything in this Agreement to the contrary, neither Owner shall have any right hereunder to place a lien or security interest upon any property of the other Owner (including such other Owner's Property), and, to the Access and Parking Easement Agreement -4- US 4018137v.6 20160527001620.006 fullest extent permitted by applicable law, each Owner hereby WAIVES any such rights, whether available under this Agreement, at law, in equity or otherwise. (c) Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. (d) No Termination For Breach; Exception. Notwithstanding any provision to the contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Property made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner of such Property covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. (e) Irreparable Harm. In the event of a breach or a threatened breach of any of the provisions of this Agreement, each Owner agrees that such breach or threat thereof shall cause the non -breaching Owner to suffer irreparable harm and such non -breaching Owner shall have no adequate remedy at law. As a result, in the event of a breach or a threatened breach of any of the provisions of this Agreement, the non -breaching Owner, in addition to all remedies available at law or otherwise under this Agreement, shall be entitled to injunctive or other equitable relief to enjoin a breach or a threatened breach of this Agreement. 10. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall, unless otherwise provided herein, be given or served (a) by depositing the same in the United States mail, postage paid, certified and addressed to the party to be notified, with return receipt requested, (b) by overnight delivery using a nationally recognized overnight courier, (c) by personal delivery, or (d) by electronic mail addressed to the electronic mail address set forth below for the party to be notified with a confirmation copy delivered by another method permitted under this Section 10. Notice given in accordance herewith for all permitted forms of notice other than by electronic mail, shall be effective upon the earlier to occur of actual delivery to the address of the addressee or refusal of receipt by the addressee (even if such addressee refuses delivery thereof). Notice given by electronic mail in accordance herewith shall be effective upon the entrance of such electronic mail into the information processing system designated by the recipient's electronic mail address. Notices given by counsel to a party shall be deemed given by such party. To Grantee: Thomkat Investments, LLC P.O. Box 58410 Seattle, WA 98138 Attention: Tom Haass Email: tomhdesignimports.com Access and Parking Easement Agreement -5- US 4018137v.6 2U1buZ/UU1bZU.UU/ To Grantor: LIT Industrial Limited Partnership c/o Clarion Partners, LLC 1717 McKinney Avenue, Suite 1900 Dallas, Texas 75202 Attention: Stacey Magee Email: Stacey.Magee@clarionpartners.com An Owner may change the address to which notices may be given by giving notice as above provided to the other Owner. 11. Estoppel. Each Owner shall furnish to any party designated by the other Owner, within twenty (20) days after request is made therefor, a certificate signed by such Owner confirming (to the extent accurate) that (a) this Agreement is in full force and effect, (b) this Agreement has not been amended or otherwise modified, except for amendments or other modifications that are filed of record against the Properties, (c) there are no known defaults under this Agreement, (d) all charges required to have been paid by Grantee under this Agreement have, prior to the date of such certificate, been paid, and (e) the total annual expenses paid by Grantee under this Agreement for the most recent entire calendar year prior to the date of such certificate. 12. Title. The Easements granted herein are subject to permits, leases, licenses, easements and other encumbrances, if any, affecting the Easement Areas and that, in each instance, have either been recorded in the real property records of King County, Washington, or of which Grantor has notified the Grantee prior to the Effective Date. No Owner warrants title to its property and shall not be liable for defects thereto or failure thereof 13. Covenants Running With the Land; Assignment. The easements, terms and conditions of this Agreement shall be covenants running with the land, and shall burden and benefit each Owner, and their respective successors in interest and assigns with respect to the Properties. Upon transfer of title to any Property, the benefits and burdens of this Agreement shall pass to the transferee, and the transferor shall be liable only for those matters that arose during the period of such transferor's ownership of the relevant Property. 14. No Rights in Public; No Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Grantee Property or the Grantor Property. No easements, except those expressly set forth in Section 1, shall be implied by this Agreement; in that regard, and without limiting the foregoing, no easements for signage, drainage, view, light, utilities or parking are granted or implied. 15. Termination. Unless otherwise expressly set forth in an instrument executed by all Owners, no termination of this Agreement shall release a party to this Agreement from any liability or obligation with respect to any matter occurring prior to such termination. Access and Parking Easement Agreement -6- US 4018137v.6 20160527001620.008 16. Attorneys' Fees. In the event either Owner brings a legal action against the other Owner to enforce its rights hereunder, the substantially prevailing party shall be entitled to receive reimbursement from the other party such prevailing party's costs incurred in such legal action (including the costs of appeal), including the reasonable fees and disbursement of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. 17. No Merger of Estates. The easements granted herein shall not be extinguished or terminated by operation of the doctrine of merger or otherwise due to the existing or future common ownership of the real property described herein. 18. General. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. This Agreement may not be amended except with the written agreement of all Owners. No waiver of any breach or default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such breach or default. This Agreement includes Exhibits A, B, C and D which by this reference are incorporated herein. 19. Mortgage Subordination. Any mortgage or deed of trust affecting any portion of any Property shall at all times be subject and subordinate to the terms of this Agreement, and any party foreclosing any such mortgage or deed of trust, or acquiring title by deed in lieu of foreclosure or trustee sale, shall acquire title subject to all the terms and conditions of this Agreement. 20. Choice of Law. This Agreement shall be governed by the laws of the State of Washington, exclusive of its choice of law rules. 21. Dedication; Transfer. Grantor may dedicate all or any portion of its Property to the City of Tukwila or other municipal entity (a "Dedication") or convey or otherwise transfer all or any portion of its Property to an Owners' Association (a "Transfer") so long as such Dedication or Transfer does not materially infringe upon or decrease Grantee's and its Permitted Users' rights to use the Easement Areas. Grantee covenants and agrees to reasonably cooperate with Grantor in the formation of an Owners' Association for the Properties and/or the execution and recordation of a declaration of covenants, conditions and restrictions or similar instrument (in form and substance reasonably acceptable to Grantor and Grantee) with respect to the Properties (the "Declaration"). Upon the consummation of a Dedication or the recording of the Declaration, this Agreement shall automatically terminate with respect to the portion (or portions). of the Easement Areas dedicated or encumbered. [Signatures on following pages] Access and Parking Easement Agreement -7- US 4018137v.6 2U160527001620.009 DATED as of the date first above written. GRANTEE: THOMKAT INVESTMENTS, LLC, a Washington limited liability company By: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Th s as ; . ss, its Authorized Member On this day personally appeared before me Thomas Haass, to me known to be the Authorized Member of Thomkat Investments, LLC, the limited liabiliity company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed is the corporate seal of said limited liability company. GIVEN under my hand and official seal this 2.4 day of May, 2016. For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. •�V1iMr`/ 11 1 . ;ors Op wAs':gam_ 11 11 1 1 [Print Name csiy1 51YY1AC.,{1 NOTARY PUBLIC in and for the State of Washington, residing at pit My appointment expires: jZ 1 is Signature Page to Access and Parking Easement Agreement (Seattle South Business Park Building C) 20160527001620.010 GRANTOR: LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership By: LIT Holdings GP, LLC, a Delaware limited liability company, its general partner By: Lion Industrial Properties, L.P., a Delaware limited partnership, its sole member By: LIT GP Sub, LLC, a Delaware limited liability company, its general partner By: Lion Industrial Trust, a Maryland real estate investment trust, its sole member and ma By:. Name: J. Da on Conklin Title: Senior Vice President STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On the .24 day of May, 2016, before me, a notary public in and for the State and County aforesaid, personally appeared J. Dayton Conklin, who acknowledged himself to be the Senior Vice President of Lion Industrial Trust, a Maryland real estate investment trust, the sole member and manager of LIT GP Sub, LLC, a Delaware limited liability company, the general partner of Lion Industrial Properties, L.P., a Delaware limited partnership, the sole member of LIT Holdings GP, LLC, a Delaware limited liability company, the general partner of LIT Industrial Limited Partnership, a Delaware limited partnership, and that he, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the authorized agent of the aforesaid Maryland real estate investment trust, Delaware limited liability companies and Delaware limited partnerships, by himself as such Senior Vice President. ' IN WITNESS WHEREOF, I have hereunto set nyyhand anofficial seal. rotary PubIic My Commission Expires: 7/ 7/ s cess and Parking Easement Agreement (Seattle outh Business Park Building C) 20160527001620.011 EXHIBIT A ("Grantor Property") PARCEL 1: (BUILDING NOS. 734, 741 AND 752) PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99-0008 RECORDED UNDER RECORDING NO. 9906099010; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE "A": BEGINNING AT THE NORTHWEST CORNER OF PARCEL "E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 02-029, AS RECORDED UNDER KING COUNTY RECORDING NO. 20021007900001; THENCE SOUTH 66°31'59" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL "E" AND ITS EXTENSION THEREOF, A DISTANCE OF 1282.52 FEET, MORE OR LESS, TO THE WEST BANK OF THE GREEN RIVER, ALSO BEING THE TERMINUS OF THIS LINE. TOGETHER WITH THAT PORTION THEREOF, LYING WITHIN THE ABANDONED BED OF THE GREEN RIVER IN GOVERNMENT LOT 5 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, LYING NORTHERLY OF THE ABOVE DESCRIBED LINE "A" AND SOUTHERLY OF THE SOUTHERLY LINE OF LOT 2 OF CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L 12-014 AS RECORDED UNDER KING COUNTY RECORDING NO. 20121217001938. (ALSO KNOWN AS "NEW PARCEL - C" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 15-0023, RECORDED UNDER RECORDING NO. 20150716900001.) PARCEL 2: (BUILDING NO. 862) LOT 1 OF CITY OF TUKWILA LOT LINE ADJUSTMENT NO. 93-0085, AS RECORDED UNDER RECORDING NO. 9311301961, RECORDS OF KING COUNTY AUDITOR; PARCEL 4: (BUILDING NO. 781) Exhibit A to Access and Parking Easement Agreement US 4018137v.6 -1- 20160527001620.012 "NEW PARCEL D" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 15-0023, AS RECORDED UNDER RECORDING NO. 2015071600001, RECORDS OF KING COUNTY AUDITOR. REVISED PARCEL 5: (BUILDING NOS. 731, 733, 763 AND 771) "REVISED PARCEL 5" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 16-0008, AS RECORDED UNDER RECORDING NO. 20160519900011, RECORDS OF KING COUNTY, WASHINGTON. PARCEL 6: (BUILDING NO. 931) LOT 3 OF CITY OF TUKWILA LOT LINE ADJUSTMENT NO. 93-0085, AS RECORDED UNDER RECORDING NO. 9311301961, RECORDS OF KING COUNTY AUDITOR; PARCEL 7: (BUILDING NO.. 101) LOT 1 OF CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L12 - 014, AS RECORDED UNDER RECORDING NO. 20121217001938, RECORDS OF KING COUNTY AUDITOR; ALL SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.. Exhibit A to Access and Parking Easement Agreement US 4018137v.6 -2- 201 EiUO2 /U01 b20.U13 EXHIBIT B ("Grantee Property") "REVISED PARCEL 3" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 16- 0008, AS RECORDED UNDER RECORDING NO. 20160519900011, RECORDS OF KING COUNTY, WASHINGTON. Exhibit B to Access and Parking Easement Agreement US 4018137v.6 -1- 20160527001620.014 EXHIBIT C ("Parking Area Access Driveway") THAT PORTION OF "NEW PARCEL E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 15-0005, RECORDED UNDER RECORDING NO. 20150318900001, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF CITY OF TUKWILA LOT LINE ADJUSTMENT NO. 93-0085, AS RECORDED. UNDER RECORDING NO. 9311301961, RECORDS OF KING COUNTY, WASHINGTON, FROM WHICH THE SOUTHWEST CORNER OF SAID LOT BEARS NORTH 87°50'43" WEST A DISTANCE OF 802.76 FEET; THENCE NORTH 87°50'43" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 206.68 FEET; THENCE LEAVING SAID LINE SOUTH 02°09'17" WEST A DISTANCE OF 59.98 FEET TO THE SOUTH LINE OF THAT CERTAIN EASEMENT FOR INGRESS, EGRESS AND UTILITIES RECORDED UNDER RECORDING NO. 8001140093 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 53°50'40" WEST A DISTANCE OF 20.68 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 209.49 FEET AND FROM WHICH THE CHORD BEARS SOUTH 34°14'47" WEST A DISTANCE OF 75.05 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°38'16" A DISTANCE OF 75.46 FEET; THENCE SOUTH 23°55'39" WEST A DISTANCE OF 46.65 FEET; THENCE NORTH 42°20'14" WEST A DISTANCE OF 22.13 FEET; THENCE NORTH 23°55'39" EAST A DISTANCE OF 41.15 FEET; THENCE NORTH 36°55'57" EAST A DISTANCE OF 21.00 FEET; THENCE NORTH 30°11'52" EAST A DISTANCE OF 27.74 FEET; THENCE NORTH 37°10'32" EAST A DISTANCE OF 19.45 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 10.77 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 45'02'58" A DISTANCE OF 8.47 FEET TO THE SOUTH LINE OF THAT CERTAIN EASEMENT FOR INGRESS, EGRESS AND UTILITIES RECORDED UNDER RECORDING NO. 8001140093; THENCE SOUTH 87°50'43" EAST ALONG SAID LINE A DISTANCE OF 35.67 FEET TO THE POINT OF BEGINNING. CONTAINING 2,502 SQUARE FEET, MORE OR LESS. Exhibit C to Access and Parking Easement Agreement US 4018137v.6 -1- ZU1bU5L/UU1b2U.U15 EXHIBIT D ("Parking Area") THAT PORTION OF "NEW PARCEL E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 15-0005, RECORDED UNDER RECORDING NO. 20150318900001, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER CF LOT 3 OF CITY OF TUKWILA LOT LINE ADJUSTMENT NO. 93-0085, AS RECORDED UNDER RECORDING NO. 9311301961, RECORDS OF KING COUNTY, WASHINGTON, FROM WHICH THE SOUTHWEST CORNER OF SAID LOT BEARS NORTH 87°50'43" WEST A DISTANCE OF 802.76 FEET; THENCE NORTH 87°50'43" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 206.68 FEET; THENCE LEAVING SAID LINE SOUTH 02°09'17" WEST A DISTANCE OF 59.98 FEET TO THE SOUTH LINE OF THAT CERTAIN EASEMENT FOR INGRESS, EGRESS AND UTILITIES RECORDED UNDER RECORDING NO. 8001140093; THENCE LEAVING SAID LINE SOUTH 53°50'40" WEST A DISTANCE OF 20.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 55°54'48" EAST A DISTANCE OF 7.49 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 426.35 FEET AND FROM WHICH THE CHORD BEARS SOUTH 28°51'09" WEST A DISTANCE OF 124.09 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°44'07" A DISTANCE OF 124.53 FEET; THENCE NORTH 42°20' 14" WEST A DISTANCE OF 11.10 FEET; THENCE NORTH 23°55'39" EAST A DISTANCE OF 46.65 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 209.49 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°38'16" A DISTANCE OF 75.46 FEET TO THE POINT OF BEGINNING. CONTAINING 1,212 SQUARE FEET, MORE OR LESS. Exhibit D to Access and Parking Easement Agreement US 4018137v.6 -1-