HomeMy WebLinkAbout09-100 Amd B - Segale Properties (La Pianta LLC) - Tukwila South Development AgreementADDENDUM TO
DEVELOPMENT AGREEMENT BY AND 09-100(b)
BETWEEN THE CITY OF TUKWILA App. via Sect. 8
AND SEGALE PROPERTIES LLC, FOR THE page 36
TUKWILA SOUTH DEVELOPMENT of original DA
THIS ADDENDUM TO DEVELOPMENT AGREEMENT (the "Addendum") is
made and entered into this dan day of November, 2012, by and between the CITY
OF TUKWILA ("City"), a non -charter, optional code Washington municipal
corporation, and SEGALE PROPERTIES LLC, a Washington limited liability company
("Segale"), formerly known as "LA PIANTA LLC."
I. RECITALS
WHEREAS, the City and Segale entered into that certain Development
Agreement relating to the Tukwila South development, dated June 10, 2009 (the
"Development Agreement") as amended pursuant to that certain First Amendment to
Development Agreement dated May 18, 2010 (the "First Amendment"); and
WHEREAS, Section 4.6.2 of the Development Agreement requires the Parties
to agree on land for Segale to dedicate to the City for use as a fire station. The
Parties have agreed on such land and desire to memorialize the terms regarding the
timing and conditions of conveyance of the land; and
WHEREAS, this Addendum does not materially modify the intent and policy of
the Agreement for the purposes of Section 8 of the Development Agreement; and
NOW, THEREFORE, in consideration of the mutual promises set forth herein
and the long-term benefit to both the City and Segale, the parties hereby agree as
follows:
II. AGREEMENT
1. Defined terms used herein shall have the meanings set forth in the
Development Agreement. Segale and La Pianta may be used interchangeably, and
shall be deemed to refer to the same entity.
2. As required by Section 4.6.2 of the Development Agreement, the City and
Segale have agreed on the real property legally described in the attached Exhibit A
(the "Fire Station Land") as a location for a fire station. Segale shall deliver a deed for
the Fire Station Land into escrow no later than November 21, 2012. The Parties
further agree that the recording of the Fire Station Deed shall be subject to the
following terms and conditions:
5,{- eta &.�
a. Recording of the Fire Station Deed is expressly contingent on the
Tukwila City Council approving an ordinance which authorizes the
vacation of a portion of the existing S. 178th Street (the "S. 178th
Vacation"). The area to be vacated shall be west of the S. 180th and
Southcenter Parkway intersection to the easterly edge of the new
relocated S. 178th Street (conceptually shown on the South 178th Street
Road and Infrastructure Improvement Plans dated March 2012, which
plans were prepared by Goldsmith Land Development Services and
delivered to the City on November 5, 2012 (the "Goldsmith Plans")
which are herein incorporated by reference. The effective date of the
vacation ordinance shall be five days after passage and publication of
the ordinance, with Segale granting a public access easement back to
the City, which easement shall be substantially in the form of the
attached Exhibit B.. The City shall be responsible for initiating the
vacation of S. 178th Street and arranging for the relocation of utilities
located in the right-of-way, at the utility purveyor's cost, after the
Tukwila City Council has approved the ordinance vacating S. 178tH
Street. Segale agrees to grant easements for any utilities that need to
be relocated to the realigned S. 178th Street.
b. Segale shall, at Segale's sole cost and expense, have GeoEngineers
prepare a geotechnical report that analyzes the slope stability and
suitability of soils on the Fire Station Land to determine whether the
requirements of criterion number 5 of section 4.6.2 of the Development
are met. The geotechnical analysis shall be completed within 90 days
of entry of this Addendum and provided to the City for the City to have
peer reviewed at the City's sole expense.
C. The Fire Station Land shall be conveyed to the City in a condition that
meets the criteria set forth in section 4.6.2 of the Development
Agreement; meaning the site shall be level, filled to the base flood
elevation, buildable and suitable for construction and use as a fire
station without shoring, bracing, piling, or other extraordinary
construction methods, and containing no hazardous substances.
Segale shall be responsible for implementing, at Segale's sole cost and
expense, slope stabilization measures recommended in the
geotechnical report required by subsection (b) in order to ensure any
buildings erected on the Fire Station Land will not be subject to
landslide hazard. The City acknowledges that a building setback from
the steep slope located on the Fire Station Land may be necessary and
that, provided the setback does not exceed one hundred fifteen feet
(115 feet), a building setback shall not be considered a violation of the
conditions set forth in section 4.6.2 of the Development Agreement.
d. Segale may, in Segale's sole and absolute discretion, elect to replace
the deed for the Fire Station Land with a deed for the three (3) acres of
real property depicted in the attached Exhibit C (the "Alternative Fire
Station Land") rather than implementing the slope stabilization
measures required in section (c) above. In such event, Segale shall be
required to make such improvements to the Alternative Fire Station
Land as are necessary to make the condition of the land consistent with
section 4.6.2 of the Development Agreement and Segale shall be
required to dedicate the B -Line Easement Area (as defined below) to
the City as right-of-way, at no cost to the City. Further, in such event,
the City shall not be required to proceed with the S. 178th Vacation, or if
the S. 178th Vacation has taken place, Se
ggale shall, at the City's
request, dedicate the now existing S. 1781 Street back to the City at no
cost to the City and in the same condition as it exists as of the date of
this Addendum.
e. Segale shall, no later than November 20, 2012, grant the City a public
access easement, substantially in the same form as the attached
Exhibit D-1 over the real property described in the attached Exhibit D-2
(the "B -Line Easement Area"). Furthermore, Segale shall dedicate the
B -Line Easement Area to the City, as right-of-way, within 5 days of the
approval date of the Tukwila City Council ordinance that approves the
S. 178th Vacation, provided however, if the S. 178th Vacation is not
approved on or before March 31, 2013 Segale shall have no obligation
to dedicate the B -Line Easement area to the City as right-of-way;
however the public access easement over the B -Line Easement Area
shall remain effective.
Segale agrees to allow the City to open Southcenter Parkway on
November 21, 2012, regardless of whether the Southcenter Parkway
vacation ordinance, amending Ordinance No. 2240, has officially taken
effect, provided the ordinance has been approved by Council.
g. The Parties acknowledge and agree that the relocation of a two-lane
cross section of S. 1781 Street was analyzed in the Tukwila South Final
Environmental Impact Statement and further SEPA review for the
vacation of S. 178th Street or construction of the relocated S. 178th
Street shall not be required.
h. In the event realiRgnment of S. 178th Street causes the level of service at
either the S. 1801 Street and Southcenter Parkway intersection or the
realigned S. 178th Street and Southcenter Parkway intersection to fall
below level of service "E", Segale shall open Segale Park Drive C to the
public and shall reconstruct Segale Park Drive C to City street
standards within three years; provided, however, that if Segale
redevelops, in its entirety, the existing Segale Business Park prior to a
level of service failure as described above, Segale Park Drive C shall
be reconstructed to City street standards and Segale shall grant the
City a public access easement at the time of redevelopment.
Segale shall construct and dedicate to the City a two-lane arterial
realigned S. 178th St. consistent with the Goldsmith Plans, which shall
be reviewed and approved by the Public Works Director, provided that
based on the technical review of the City Engineer, the City may require
minor technical revisions, provided that bike lanes shall not be required.
Any requirement for sidewalks on both sides of the street shall be
waived provided a sidewalk on one side of the road that is at least nine
(9) feet wide is provided. Construction of the road shall be complete
within three (3) years of the effective date of this Addendum and Segale
shall dedicate the road to the City no later than sixty (60) days after
completion of construction, provided that the three year time period
shall automatically be extended as necessary in order to account for
delay associated with (i) a utility purveyor's refusal to relocate a utility
located in the existing S. 178th Street or (ii) the City taking legal action
to compel the relocation of a utility located in the existing S. 178th
Street. Provided, however, no final work on the road shall be
completed until after all necessary utility relocation has been
completed. If the road is not constructed within three (3) years of the
effective date of this Addendum or if the road is not conveyed to the
City within sixty (60) days of completion of construction, Segale shall
dedicate the now existing S. 178th St. back to the City, at no cost to the
City and in the same condition as it exists as of the date of this
Addendum. Segale shall pay the City for a full time city inspector to
monitor compliance during the construction of the realigned S. 178th
Street. Additionally, in order to accommodate the City's future widening
of the S. 178th Street to a four -lane arterial, Segale hereby agrees to a
no -build restriction that prohibits the placement of structures within
twelve -feet of each edge of the realigned S. 178th Street right-of-way
(the "Building Restriction"). The Building Restriction shall only prohibit
structures and accessory uses, such as parking and landscaping, shall
be expressly allowed within the no -build area. Additionally, the Building
Restriction shall overlap any other setbacks required by the Tukwila
Municipal Code, rather than calculated as in addition to any other
required setback, and in no event shall any setbacks required by the
Tukwila Municipal Code be calculated from the edge of the Building
Restriction area rather than the edge of the right-of-way. .
The City shall grant Segale a right-of-way use permit allowing Segale to
cross and temporarily close certain City streets in order to implement
the haul plan approved in grading permit PW 10-064. The right-of-way
use permit shall specifically authorize the haul route shown in the
attached Exhibit E. Segale shall undertake protective measures to
protect the City's right-of-way (including B line and C line) when it is
crossed by Segale's haul road.
k. Segale and the City agree that the relocation of S. 178th Street, though
on the City's CIP, is necessary to remedy an existing deficient condition
and does not create additional capacity and, therefore, relocation of the
road is not a "system improvement" for which impact fees may be
assessed pursuant to RCW 82.02.050. Segale further acknowledges
and agrees that Segale shall not be entitled to any impact fee credits for
construction of the realigned S. 178th Street or dedication of right-of-
way.
The City shall take any actions necessary in order to require the
relocation, at the utility purveyor's expense, of any utilities located in the
existing S. 178th Street right-of-way including seeking a court order
requiring the utilities to move their utility lines and related infrastructure
and the City shall vigorously and diligently defend any claims arising out
of or related to the vacation of S. 178th Street or the realignment of S.
178th Street. Segale shall promptly reimburse the City for all costs,
including, but not limited to attorneys' fees and filing fees, associated
with (i) bringing a claim to require the relocation of utilities located in the
existing S. 178th Street right-of-way or (ii) defending any claims arising
out of or related to the vacation of S. 178th Street. or the realignment of
S. 178th Street. Segale shall also indemnify and hold the City harmless
from any monetary judgment or award that results from the claims or
actions described herein, provided that in no event shall the terms of
this subsection 2(I) extend to claims arising out of or related to vacation
of Southcenter Parkway and, specifically, claims brought by the M & P
Company or GWI Realty, LLC. The City shall provide Segale with
written notice prior to filing a petition to require relocation of any utilities
or immediately upon being served with a complaint related to the
vacation of S. 178th St. or the realignment of S. 178th St. and the Parties
shall, within 20 days, agree in writing on more specific terms
implementing the provisions of this Subsection (1).
M. Segale shall, in Segale's sole and absolute discretion, have the option
of conveying the Alternative Fire Station Land to the City in order to
enable the City to settle a claim or avoid litigation or a judgment. If
Segale conveys the Alternative Fire Station Land to the City rather than
the Fire Station Land, Segale shall have no obligation to construct the
realigned S. 178th St. or convey the right-of-way for the realigned S.
178th Street to the City, but Segale shall be required to make such
improvements to the Alternative Fire Station Land as are necessary to
make the condition of the land consistent with section 4.6.2 of the
Development Agreement and shall dedicate the B Line Easement Area
to the City as right-of-way at no cost to the City. Further, if Segale
conveys the Alternative Fire Station Land to the City rather than the Fire
Station Land, the City shall have no obligation to proceed with the S.
178th Vacation, and if such vacation has already taken place, the now
existing S. 178th Street shall be dedicated back to the City at no cost to
the City and in the same condition as it exists as of the date of this
Addendum. Additionally, Segale shall be relieved of the
indemnification and other financial obligations set forth in subsection
4(I) in the event Segale -elects to convey the Alternative Fire Station
Land to the City but the City nonetheless elects to proceed with the
vacation of S. 178th Street; provided, Segale shall reimburse the City for
all costs incurred prior to the conveyance of the Alternative Fire Station
Land. The now existing S. 178th Street shall remain in its current
condition until all necessary utility relocation has been completed.
n. If the City Council does not approve the S. 178th Vacation on or before
March 31, 2013, (i) the Fire Station Deed shall be returned to Segale
and replaced with a deed for the Alternative Fire Station Land, (ii) the
Alternative Fire Station Land shall be conveyed to the City in its as -is,
where -is condition, regardless of whether the land meets the
requirements of section 4.6.2 of the Development Agreement and (iii)
Segale shall have no obligation to construct the realigned S. 178th St. or
convey the right-of-way for the realigned S. 178th Street to the City.
Though the deed for the Alternative Fire Station Land will restrict use of
the property to construction of a fire station, the deed shall allow the
City to sell the property back to Segale, at fair market value, in the
event the City elects not to use the property for a fire station.
3. Notice address for Parties shall be as follows:
If to Segale: Segale Properties LLC
P.O. Box 88028
Tukwila, Washington 98138-2028
Attn: Mr. Mark A. Segale
If to the City: City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
4. This Addendum shall be enforced consistent with terms and conditions of the
Development Agreement, including the dispute resolution provisions set forth therein,
and shall survive termination of the Development Agreement for a period of six (6)
years.
5. This Addendum shall be recorded against the Tukwila South Property as a
covenant running with the land.
In Witness Whereof, the parties have caused this Addendum to be executed,
effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
By:
Ji aggerton ayor
Date: ����/0
Segale Properties LLC, a Washington limited liability company
By: Metro Land Development, Inc.,
Its: Manager
By:
M. A. Segale, Pr si nt
Date: / ik 9//a,
STATE OF WASHINGTON )
ss.
COUNTY OF �� )
On this day 0f20 12, before me, the
undersigned, a Notary Public ' and for the State of Washington, duly commissioned
and sworn, personally appe red M. A. Segale, to me known to be the person who
signed as President of Metro Land Development, Inc., Manager of SEGALE
PROPERTIES LLC, the limited liability company that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said limited liability company for the uses and purposes therein
mentioned, and on oath stated that M. A. Segale was authorized to execute said
instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
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- \;V41VN (Signature of otary
Q= 00='4
Nto = (Print or stan nameof Notary)
28 iS 070
o ,; NOTARY PUBLIC in and for t e State
IVAS10"of Washington, residing at
My appointment expires.
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of NpVe44, 20 ,.before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared Jirnr t , to me known to be the person
who signed as of the City oY Tukwila, the municipal corporation that
executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited liability company for the uses
and purposes therein mentioned, and on oath stated that hem was authorized to
execute said instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
WIEU k r
yy �&ZVIA
(Signature of Notary)
Y «o IAUI'f-
�' (Print or stamp name of Notary)
•, % '�►
NOTARY PUBLIC in and for the State
of Washington, residing atkl�
My appointment expires: ///0/11'
Exhibit A
Legal Description of Fire. Station Land
A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA,
KING COUNTY, WASHINGTON, BEING.DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF SAID SECTION 35; THENCE SOUTH 020 24'41 "WEST ALONG
THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1323.83
FEET TO THE SOUTHEAST CORNER- OF THE NORTHEAST QUARTER OF SAID
NORTHWEST QUARTER, ALSO BEING A POINT ON THE CENTERLINE OF
SOUTH 180TH STREET; THENCE NORTH 870 50'41"WEST
ALONG SAID CENTERLINE 156.72 FEET TO THE INTERSECTION OF THIS LINE
WITH THE WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER
PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS ESTABLISHED IN
YEAR 2012, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY
AND NORTHERLY TO THEIR INTERSECTION; THENCE NORTH 090 50'27"EAST
ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE
AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE
NORTH 110 55'52"WEST ALONG THE WESTERLY RIGHT OF WAY MARGIN OF
SAID SOUTHCENTER PARKWAY 321.39 FEET TO THE SOUTHERLY LINE OF
THAT CERTAIN PARCEL AS DESCRIBED IN DOCUMENT RECORDED UNDER
KING COUNTY RECORDING NO. 20040224002063; THENCE NORTH 87°
42'12"WEST ALONG SAID SOUTH LINE 120.00 FEET; THENCE CONTINUING
ALONG SAID SOUTH LINE NORTH 760 27'42"WEST
52.09 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 27° 30'49"WEST
83.74 FEET; THENCE SOUTH 29° 51'31"WEST 106.10 FEET;
THENCE SOUTH 300 25'18"WEST 124.68 FEET;
THENCE SOUTH 310 29'19"WEST 89.53 FEET;
THENCE SOUTH 590 51'33"EAST 191.07 FEET;
THENCE SOUTH 780 59'13"EAST 97.25 FEET;
THENCE SOUTH 830 47'24"EAST 152.61 FEET TO THE WESTERLY RIGHT OF
WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY
EXTENSION; THENCE NORTH 090 50'27"EAST ALONG SAID MARGIN 115.15
FEET TO THE POINT OF BEGINNING.
CONTAINING 3.25 ACRES.
Exhibit E
Form of S. 178th Public Access Easement
Return Address
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Document Title(s) (or transactions contained therein):
Access Easement and Maintenance Agreement
Reference Number(s) of Documents assigned or released:
(on page ^ of documents(s))
Grantor(s) (Last name first, then first name and initials):
1. SEGALE PROPERTIES LLC
Grantee(s) (Last name first, then first name and initials):
1. CITY OF TUKWILA
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Section 35, Range 23 E, Township 04N
rX Full legal is on page document.
Assessor's Property Tax Parcel/Account Number
ACCESS EASEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT
("Easement") is made as of -120 _ ("Effective Date"), by and between
SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale
Properties") and the CITY OF TUKWILA, a Washington municipal corporation
("City"). The parties to this Easement are referred to herein as "Party" or "Parties," as
appropriate.
RECITALS
A. On or about the Effective Date, the City of Tukwila (the "City") will
vacate or has vacated pursuant to Ordinance No. ("Ordinance") a
portion of the right of way commonly known as S. T-77 Street (hereinafter referred to
as "Vacated Road"). Title to the real property comprising the Vacated Road will revert
to Segale Properties by operation of law once the vacation is complete. The Vacated
Road is depicted in Exhibit A hereto.
C. Segale is relocating and reconstructing the Vacated Road to a location
south of the Vacated Road as depicted on the attached Exhibit B (the "New Road").
Until such time as the New Road is completed the public requires access over the
Vacated Road.
D. Segale Properties has agreed to grant a perpetual public access
easement over the Vacated Road to the City, subject to the terms and conditions set
forth in this Easement.
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. Ingress and Egress Easement
Segale Properties grants to the City a perpetual, non-exclusive public access
easement for ingress and egress in, on, over, upon and across the Vacated Road
until such time as the New Road is dedicated to the City at which point this Easement
shall terminate without further action by Segale Properties or the City: The City and
all other members of the public shall be entitled to use the Segale Easement Area for
the purpose of free and unfettered access by pedestrians and vehicles.
2. Maintenance by the City
The City shall repair, maintain and keep the Vacated Road in a safe,
good and usable condition at the City's sole cost and expense.
3. Indemnity
The City shall indemnify, defend, hold harmless and reimburse Segale
Properties, its 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, reasonable
architects', engineers', consultants', experts' and attorneys' fees that may be
imposed upon or asserted against Segale Properties by reason of (a) the City's
breach or violation of any term or provision of this Easement, (b) the City's or the
public's presence on, possession or use of, the Easement, and/or (c) any act or
omission of the City 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 Segale Properties. The foregoing
indemnity shall include, but not be limited to, any claims for injury to or death of
persons (including, without limitation, the City's employees), damage to property,
nuisance, mechanics' and materialmen's liens, construction liens, workers'
compensation and unemployment taxes, fines and penalties, and environmental
damages.
Segale Properties shall indemnify, defend, hold harmless and reimburse the
City, its 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, reasonable architects',
engineers', consultants', experts' and attorneys' fees that may be imposed upon or
asserted against the City by reason of (a) Segale Properties' breach or violation of
any term or provision of this Easement, (b) Segale Properties' presence on,
possession or use of, the Segale Easement Area or the Indemnified Parties' Parcels,
and/or (c) any act or omission of Segale Properties 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 City 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, Segale Properties'
employees), damage to property, nuisance, mechanics' and materialmen's liens,
construction liens, workers' compensation and unemployment taxes, fines and
penalties, and environmental damages.
4. Notices
Any notice required or permitted to be given under this Easement shall be in
writing and may be given by personal delivery, by certified mail or air courier, and if
given personally or by mail, shall be deemed sufficiently given if addressed to the
Parties at the following address:
If to Segale Properties: Segale Properties LLC
5811 Segale Park Drive C
Tukwila, WA 98188 (for courier service only)
P.O. Box 88028
Tukwila, WA 98138-2028 (for mail only)
Attn: Company Counsel
If to City: City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
Mailed notices shall be deemed given on the third (3rd) business day following
deposit in the United States mail, certified postage prepaid. Notices delivered
personally or by air courier shall be deemed given upon receipt.
5. Title
The rights granted herein are subject to all permits, leases, licenses,
easements and encumbrances of record, if any, affecting the Vacated Road that may
have been heretofore granted; .
6. Binding Covenant
The terms and conditions of this Easement shall constitute covenants running
with the land, and shall burden and benefit the land described herein as well as the
owners of said land and their respective successors and assigns in interest.
7. Attorneys' Fees
Each Party shall pay its respective costs in connection with the negotiation,
drafting, and execution of this Easement. It is the intention of the Parties that in the
event a Party files an action, the Party that substantially prevails in that action shall
be made whole by the other Party. Accordingly, the substantially prevailing Party
shall be entitled to attorneys' fees and all necessary litigation expenses incurred in
obtaining relief, including any appeal arising out of the action. It is the Parties' further
intent that the remedy of an award of attorney's fees and litigation expenses is to be
liberally construed so that the aggrieved Party is put in as good a position as if the
other Party had fully performed.
8. Amendments
This Easement contains all of the covenants and agreements among the
Parties with respect to the matters set forth in this agreement. No prior agreement or
understanding pertaining to the same shall be valid or of any force or effect, and the
covenants and agreements of this Easement shall not be altered, modified or added
to except in writing signed by the Parties, and the original thereof recorded in the real
property records of King County, Washington.
9. Severability
In the event any term, covenant, condition, provision, or easement contained
in this Easement is held to be invalid, voided or otherwise unenforceable, by any
court of competent jurisdiction, such holding shall in no way affect the validity or
enforceability of any other term, covenant, condition, provision, or easement
contained in this Easement.
10. Eminent Domain
If any part of any Vacated Road 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 Segale Properties. If less than all of the Vacated Road is taken, the
easements granted herein shall continue in full force and effect with respect to the
portion of the Segale Easement Area not taken. If all of the Segale Easement Area
is taken, the easement granted herein shall terminate.
Entered into as of the date first written above.
CITY OF TUKWILA
A Washington municipal corporation
BY: JIM HAGGERTON
ITS: MAYOR
SEGALE PROPERTIES LLC,
a Washington limited liability company
By Metro Land Development, Inc.
Its Manager
By:
Name: Mario A. Segale
Its: President
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day of , 20_, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared Mario A. Segale, to me known to be the person who
signed as President of Metro Land Development, Inc., Manager of SEGALE
PROPERTIES LLC, the limited liability company that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said limited liability company for the uses and purposes therein
mentioned, and on oath stated that Mario A. Segale was authorized to execute said
instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day of , 20_, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared , to me known to be the person
who signed as of the City of Tukwila, the municipal corporation that
executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited liability company for the uses
and purposes therein mentioned, and on oath stated that was authorized to
execute said instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
Exhibit A
to Access Easement
Legal Description of Vacated Road
Exhibit B
to Access Easement
Depiction of the New Road
Exhibit C
Depiction of Alternative Fire Station Land
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Exhibit D-1
Form of B -Line Easement
Return Address
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Document Title(s) (or transactions contained therein):
Access Easement and Maintenance Agreement
Reference Number(s) of Documents assigned or released:
(on page _ of documents(s))
Grantor(s) (Last name first, then first name and initials):
2. SEGALE PROPERTIES LLC
Grantee(s) (Last name first, then first name and initials):
2. CITY OF TUKWILA
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Section 35, Range 23 E, Township 04N
OX Full legal is on page document.
Assessor's Property Tax Parcel/Account Number
352304-9014; 352304-9015; 352304-9081; 352304-9082;
352304-9116
ACCESS EASEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT
("Easement") is made as of , 20_ ("Effective Date"), by and
between SEGALE PROPERTIES LLC, a Washington limited liability company
("Segale Properties") and the CITY OF TUKWILA, a Washington municipal
corporation ("City"). The parties to this Easement are referred to herein as
"Party" or "Parties," as appropriate.
RECITALS
A. On or about the Effective Date, the City of Tukwila (the "City") will
vacate or has vacated pursuant to Ordinance No. ("Ordinance") a
portion of the right of way commonly known as Southcenter Parkway, and
alternatively known as "Frager Road," "Anna Mess Road" and "57th Avenue
South" (hereinafter referred to as "Vacated Road"). Title to the real property
comprising the Vacated Road will revert to Segale Properties by operation of law
once the vacation is complete. The Vacated Road is depicted in Exhibit A
hereto.
C. The City has completed the construction of a public works project
that relocated and expanded the right of way previously within the Vacated Road
to a location west of the Vacated Road (the "New Road"). As a result of the
public works project and the associated vacation of the Vacated Road, the
parcels legally described in Exhibits A-1 and A-2 hereto (the "Parcels") require
replacement access to and from the New Road. The City project includes
southerly access to the New Road via City -owned right-of-way known as the "C-
line" which is located to the south of the Parcels, but does not include access to
the New Road to the north of the Parcels.
D. The City project, includes a new road located just north of the
Parcels that intersects with Southcenter Parkway known as the "B-line," which
was constructed by the City to City street standards ( the "B -Line Access"). The
B -Line Access is located on land owned by Segale Properties that is legally
described in Exhibit B-1 and depicted in Exhibit B-2 hereto (the "Segale
Easement Area"). The Parties desire to ensure future access to the New Road
over and across the B -Line Access and the Segale Easement Area for the
benefit of the City, the public, and the Parcels.
E. Segale Properties has agreed to grant a perpetual public access
easement to the City, subject to the terms and conditions set forth in this
Easement.
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. Ingress and Egress Easement
Segale Properties grants to the City a perpetual, non-exclusive public
access easement for ingress and egress in, on, over, upon and across the
Segale Easement Area for so long as one or more of the Parcels is owned by a
party other than Segale Properties. This Easement shall terminate, without
further action by Segale Properties or the City, upon Segale Properties acquiring
title to each of the Parcels. The City, the owners of the Parcels, and all other
members of the public shall be entitled to use the Segale Easement Area for the
purpose of free and unfettered access by pedestrians and vehicles between the
Parcels and the New Road.
2. Maintenance by the City
The City shall repair, maintain and keep the B -Line Access within the
Segale Easement Area in a safe, good and usable condition at the City's sole
cost and expense.
3. Temporary Haul Road
Segale Properties may construct a temporary haul road ("Haul Road") on
the Segale Parcel for use by construction equipment and vehicles. The Haul
Road may cross the B -Line Access in the Segale Easement Area in the
approximate locations noted on the site depiction attached hereto as Exhibit C.
Segale Properties shall obtain all necessary permits prior to construction of the
haul road and shall ensure that the Segale Easement Area is well protected to
avoid damage to the roadway, including the B -Line Access. The Parties
acknowledge that Segale Properties may for safety reasons from time to time
impose restrictions on the use of the roadway improvements on the Segale
Easement Area and the adjoining intersection, such as flaggers regulating traffic
flow. Segale Properties use of the Segale Easement Area as a haul road will not
unreasonably interfere with the rights granted to the Parties City and the public
pursuant to this Easement.
4. Indemnity
The City shall indemnify, defend, hold harmless and reimburse Segale
Properties, its 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,
reasonable architects', engineers', consultants', experts' and attorneys' fees that
may be imposed upon or asserted against Segale Properties by reason of (a) the
City's breach or violation of any term or provision of this Easement, (b) the City's
or the public's presence on, possession or use of, the Segale Easement Area,
and/or (c) any act or omission of the City 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 Segale Properties. The foregoing indemnity shall include, but not be limited to,
any claims for injury to or death of persons (including, without limitation, the
City's employees), damage to property, nuisance, mechanics' and materialmen's
liens, construction liens, workers' compensation and unemployment taxes, fines
and penalties, and environmental damages.
Segale Properties shall indemnify, defend, hold harmless and reimburse
the City, its 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, reasonable
architects', engineers', consultants', experts' and attorneys' fees that may be
imposed upon or asserted against the City by reason of (a) Segale Properties'
breach or violation of any term or provision of this Easement, (b) Segale
Properties' presence on, possession or use of, the Segale Easement Area or the
Indemnified Parties' Parcels, and/or (c) any act or omission of Segale Properties
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 City 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, Segale Properties' employees), damage to property,
nuisance, mechanics' and materialmen's liens, construction liens, workers'
compensation and unemployment taxes, fines and penalties, and environmental
damages.
5. Notices
Any notice required or permitted to be given under this Easement shall be
in writing and may be given by personal delivery, by certified mail or air courier,
and if given personally or by mail, shall be deemed sufficiently given if addressed
to the Parties at the following address:
If to Segale Properties: Segale Properties LLC
5811 Segale Park Drive C
Tukwila, WA 98188 (for courier service only)
P.O. Box 88028
Tukwila, WA 98138-2028 (for mail only)
Attn: Company Counsel
If to City: City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
Mailed notices shall be deemed given on the third (3`d) business day
following deposit in the United States mail, certified postage prepaid. Notices
delivered personally or by air courier shall be deemed given upon receipt.
6. Binding Covenant
The terms and conditions of this Easement shall constitute covenants
running with the land, and shall burden and benefit the land described herein as
well as the owners of said land and their respective successors and assigns in
interest.
7. Attorneys' Fees
Each Party shall pay its respective costs in connection with the
negotiation, drafting, and execution of this Easement. It is the intention of the
Parties that in the event a Party files an action, the Party that substantially
prevails in that action shall be made whole by the other Party. Accordingly, the
substantially prevailing Party shall be entitled to attorneys' fees and all necessary
litigation expenses incurred in obtaining relief, including any appeal arising out of
the action. It is the Parties' further intent that the remedy of an award of
attorney's fees and litigation expenses is to be liberally construed so that the
aggrieved Party is put in as good a position as if the other Party had fully
performed.
8. Amendments
This Easement contains all of the covenants and agreements among the
Parties with respect to the matters set forth in this agreement. No prior
agreement or understanding pertaining to the same shall be valid or of any force
or effect, and the covenants and agreements of this Easement shall not be
altered, modified or added to except in writing signed by the Parties, and the
original thereof recorded in the real property records of King County,
Washington.
9. Severability
In the event any term, covenant, condition, provision, or easement
contained in this Easement is held to be invalid, voided or otherwise
unenforceable, by any court of competent jurisdiction, such holding shall in no
way affect the validity or enforceability of any other term, covenant, condition,
provision, or easement contained in this Easement.
10. Eminent Domain
If any part of any Segale 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 Segale Properties. If less than all of the
Segale Easement Area is taken, the easements granted herein shall continue in
full force and effect with respect to the portion of the Segale Easement Area not
taken. If all of the Segale Easement Area is taken, the easement granted herein
shall terminate.
Entered into as of the date first written above.
CITY OF TUKWILA
A Washington municipal corporation
BY: JIM HAGGERTON
ITS: MAYOR
SEGALE PROPERTIES LLC,
a Washington limited liability company
By Metro Land Development, Inc.
Its Manager
By:
Name: Mario A. Segale
Its: President
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day of , 20—, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Mario A. Segale, to me known to
be the person who signed as Vice President of Metro Land Development, Inc.,
Manager of SEGALE PROPERTIES LLC, the limited liability company that
executed the within and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said limited liability company for the
uses and purposes therein mentioned, and on oath stated that Mario A. Segale
was authorized to execute said instrument on behalf of the limited liability
company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal
the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day of , 20_, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared , to me
known to be the person who signed as of the City of Tukwila, the
municipal corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
limited liability company for the uses and purposes therein mentioned, and on
oath stated that was authorized to execute said instrument on behalf of
the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal
the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
Exhibit A-1
to Access Easement
Legal Description of Parcels
Parcel No. 352304-9014:
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS
COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH
AVENUE SOUTH) AND SOUTHWESTERLY OF A LINE, DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY
MARGIN OF SAID ANNA MESS COUNTY ROAD (SOUTHCENTER
PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS
MARKED BY AN IRON PIPE AND FROM WHICH POINT THE
SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS
SOUTH 000 58' 10" WEST 313.17 FEET SOUTH AND NORTH 890 01'
50" WEST 505.54 FEET, SAID DISTANCES BEING MEASURED
RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH
BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 67°
36'00" EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING
SOUTH 670 36'00" EAST 50 FEET, MORE OR LESS, TO THE BANK OF
GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
Parcel No. 352304-9081:
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER
OF SAID GOVERNMENT LOT 7 BEARS SOUTH 000 58'10" WEST
313.17 FEET AND NORTH 890 01'50" WEST, 505.54 FEET, SAID
DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES
TO AND ALONG THE NORTH BOUNDARY LINE OF SAID
GOVERNMENT LOT, SAID POINT BEING MARKED BY A CONCRETE
MONUMENT SET BY R. W. JONES AND ASSOC. ENGINEERS AND
SURVEYORS ON OCTOBER 4, 1966;THENCE SOUTH 670 36'00"
EAST 248.63 FEET; THENCE SOUTH 23° 57'22" WEST 352.69 FEET
TO THE TRUE POINT OF BEGINNING; THE NORTH 66'02'38" WEST
250 FEET, MORE OR LESS, TO THE EAST LINE OF ANNA MESS
COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH
AVENUE SOUTH); THENCE NORTH 23'27'22" EAST 5.14 FEET TO
THE NORTH LINE GOVERNMENT LOT 7; THENCE SOUTH 89'01'50"
EAST TO BANK OF GREEN RIVER; THENCE SOUTHWESTERLY
ALONG SAID RIVER BANK, TO A POINT THAT BEARS SOUTH 66° 02'
38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
660 02'38" WEST TO THE TRUE POINT OF BEGINNING; SITUATE IN
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
Exhibit A-2
to Access Easement
Legal Description of Parcels
Parcel No. 352304-9082:
THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23
NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS:
BEGINNING ON THE EASTERLY MARGIN OF ANNA MESS COUNTY
ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE
SOUTH) IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT
SOUTH 89003'20" EAST 1,656.75 FEET AND NORTH 00056'40" EAST
1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08013'05"
EAST 36.70 FEET; THENCE SOUTH 19059'25" WEST 520.10 FEET;
THENCE SOUTH 73005'40" EAST 233.32 FEET; THENCE NORTH
16029'55" EAST 474.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 16029" 55" EAST 100 FEET; THENCE
SOUTH 64"17'20" EAST 232.26 FEET TO THE BANK OF GREEN
RIVER; THENCE NORTHERLY ALONG SAID BANK OF GREEN RIVER
TO A LINE ESTABLISHED BY DEED RECORDED UNDER KING
COUNTY RECORDING NO. 7308030425; THENCE ALONG SAID LINE
NORTH 66002'38" WEST 250 FEET TO A POINT ON THE EASTERLY
MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25001'18" WEST
5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7;
THENCE SOUTH 25001'18" WEST ALONG SAID ROAD MARGIN TO A
POINT SOUTH 89003'20" EAST 1,656.75 FEET AND NORTH 0005640"
EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08013'05"
EAST 36.70 FEET; THENCE SOUTH 19059'25" WEST TO A POINT
WHICH BEARS NORTH 66002'38" EAST FROM THE TRUE POINT OF
BEGINNING; THENCE SOUTH 66°02'38" EAST 211.14 FEET TO THE
TRUE POINT OF BEGINNING; SITUATE 1N THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
Exhibit B-1
to Access Easement
Depiction of the Segale Easement Area
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Exhibit B-2
to Access Easement
Legal Description of the Segale Easement Area
A PORTION OF GOVERNMENT LOTS 6 AND 7 IN THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST
OF THE W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY MARGIN
OF SOUTHCENTER PARKWAY EXTENSION (SPE) PER DEED AS
RECORDED UNDER KING COUNTY RECORDER'S
NO. AND SHOWN ON RECORD OF SURVEY
AS FILED UNDER KING COUNTY RECORDER'S
NO. , SAID POINT BEING OPPOSITE
STATION SPE 134+57.11 AND 41.50 FEET LEFT OF THE CENTERLINE
OF SAID (SPE); THENCE LEAVING SAID EASTERLY RIGHT OF WAY
MARGIN ON A CURVE TO THE LEFT, THE RADIUS POINT OF WHICH
BEARS NORTH 60053'14"EAST 49.50 FEET; THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°03'27", AN
ARC DISTANCE OF 44.11 FEET; THENCE SOUTH 80°10'13"EAST
32.44 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 416.50 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 10°30'41", AN ARC DISTANCE OF 76.41 FEET
TO THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT
HAVING A RADIUS OF 103.50 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 71052'32",AN ARC DISTANCE OF
129.84 FEET; THENCE LEAVING SAID CURVE ON A NON -TANGENT
BEARING OF SOUTH 25002'01" WEST 6.03 FEET; THENCE NORTH
64057'59" WEST TO A POINT ON A NON -TANGENT CURVE TO THE
LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 76018'05" WEST
54.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 55057'01", AN ARC LENGTH OF
53.22 FEET TO THE BEGINNING OF A COMPOUND CURVE HAVING A
RADIUS OF 367.50 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06035'14", AN ARC DISTANCE OF 42.25 FEET;
THENCE LEAVING SAID CURVE ON A NON -TANGENT BEARING OF
NORTH 85030'40" WEST 44.30 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 69.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
51058'56", AN ARC DISTANCE OF 63.05 FEET TO A POINT ON THE
AFOREMENTIONED EASTERLY RIGHT OF WAY MARGIN OF SAID
SOUTHCENTER PARKWAY EXTENSION, SAID POINT BEING
OPPOSITE STATION SPE 135+61.16 AND 41.50 FEET DISTANT
THEREFROM; THENCE NORTH 09°49'47" EAST ALONG SAID
EASTERLY RIGHT OF WAY MARGIN 104.05 FEET TO THE POINT OF
BEGINNING.
Exhibit C
to Access Easement
Exhibit D-2
Legal Description of E -Line Easement
A PORTION OF GOVERNMENT LOTS 6 AND 7 IN THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE
W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY MARGIN OF
SOUTHCENTER PARKWAY EXTENSION (SPE) PER DEED AS RECORDED
UNDER KING COUNTY RECORDER'S NO. AND
SHOWN ON RECORD OF SURVEY AS FILED UNDER KING COUNTY
RECORDER'S NO. , SAID POINT BEING OPPOSITE
STATION SPE 134+57.11 AND 41.50 FEET LEFT OF THE CENTERLINE OF
SAID (SPE); THENCE LEAVING SAID EASTERLY RIGHT OF WAY MARGIN
ON A CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH
60053'14"EAST 49.50 FEET; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 51003'27", AN ARC DISTANCE OF 44.11
FEET; THENCE SOUTH 8001013"EAST 32.44 FEET TO A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 416.50 FEET; THENCE ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 10030'41", AN ARC DISTANCE OF
76.41 FEET TO THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT
HAVING A RADIUS OF 103.50 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 71052'32", AN ARC DISTANCE OF 129.84
FEET; THENCE LEAVING SAID CURVE ON A NON -TANGENT BEARING OF
SOUTH 25°02'01" WEST 6.03 FEET; THENCE NORTH 64°57'59" WEST TO A
POINT ON A NON -TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF
WHICH BEARS SOUTH 76018'05" WEST 54.50 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55°57'01", AN ARC LENGTH OF 53.22 FEET TO THE BEGINNING OF A
COMPOUND CURVE HAVING A RADIUS OF 367.50 FEET; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 06035'14", AN ARC
DISTANCE OF 42.25 FEET, THENCE LEAVING SAID CURVE ON A NON -
TANGENT BEARING OF NORTH 85030'40" WEST 44.30 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
69.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 51°58'56", AN ARC DISTANCE OF 63.05 FEET TO A POINT ON THE
AFOREMENTIONED EASTERLY RIGHT OF WAY MARGIN OF SAID
SOUTHCENTER PARKWAY EXTENSION, SAID POINT BEING OPPOSITE
STATION SPE 135+61.16 AND 41.50 FEET DISTANT THEREFROM; THENCE
NORTH 09049'47" EAST ALONG SAID EASTERLY RIGHT OF WAY MARGIN
104.05 FEET TO THE POINT OF BEGINNING.
Exhibit E
Depiction of Haul Road