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HomeMy WebLinkAboutOrd 2387 - Street Vacation of Southcenter ParkwayCl'*ty of u la Washington Ordinance No. 2387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2240 RELATING TO VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXI- MATELY SOUTH 180th STREET TO EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET VACATION ORDINANCE NO. 2240) BY REPLACING EXHIBITS A AND B AND AMENDING SECTION 4 TO PROVIDE FOR REPLACEMENT ACCESS TO TWO PARCELS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 8, 2009, the City Council of the City of Tukwila passed Ordinance No. 2240, vacating portions of the existing Southcenter Parkway right -of -way for the Tukwila South Project; and WHEREAS, Ordinance No. 2240 inadvertently failed to address replacement access for two parcels located along the Southcenter Parkway right -of -way; and WHEREAS, in order to address the access needs of these two parcels, the City desires to amend Ordinance No. 2240 to provide for replacement access to these two parcels; and WHEREAS, on November 5, 2012, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of such hearing determined that the aforementioned right -of -way should be vacated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Section 2 of Ordinance No. 2240 Amended. Section 2 of Ordinance No. 2240 is hereby amended to read as follows: Section 2. Street Vacation. After making the above findings regarding the proposed street vacation, the City Council finds that the easement for public vehicular travel on Southcenter Parkway from approximately South 180th Street to the existing City limits, as the right -of -way is more particularly described in Exhibits A and C, and depicted on the maps attached as Exhibits B and D, shall be vacated upon the conditions set forth herein. W: Word Processing \Ordinances \SC Pkwy street vacation -amend Ord 2240 rvsd strike -thru 11 -13 -12 RT:bjs Page 1 of 2 Section 2. Section 4 of Ordinance No. 2240 Amended. Section 4 of Ordinance No. 2240 is hereby amended to add the following condition precedent: 3. La Pianta, LLC shall grant a perpetual public access easement to the City of Tukwila for ingress and egress by the public in, on, over, upon and across the "B- Line," as described on Exhibit E (Southcenter Parkway Extension project drawing number HZ01) attached hereto. The easement shall be in substantially the same form as Exhibit F attached hereto. Section 3. Exhibits C, D, E, and F Incorporated. Ordinance No. 2240 is hereby amended to incorporate Exhibits C, D, E and F, which are attached hereto as Exhibits C, D, E and F. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY �O1F TUKWILA, WASHINGTON, at a { Regular Meeting thereof this 4 day of IDOL) OU 2,n b.O ✓' , 2012. ATTEST /AUTHENTICATED: �/�_ (2�4 ' 6 ' Ji ggerton, Christy O'Flahe , CYAC, City CI APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: & /9 -1a Passed by the City Council: 11-0-1a Published: //-a& -/ Effective Date: . - SPc 1!7 Ordinance Number: Attachments: Exhibit C — Legal Description Exhibit D — Map Exhibit E — Southcenter Parkway Extension project drawing number HZ01 (3 of 257) as designed by David Evans and Associates, Inc., dated 02/10 Exhibit F — Public Access Easement W: Word Processing \Ordinances \SC Pkwy street vacation -amend Ord 2240 rvsd strike -thru 11 -13 -12 RT:bjs Page 2 of 2 Following are Exhibits A-6 to Ord 2240 for Ordinance 2387 Exhibit A: Legal Description Exhibit 6: Map EXHIBIT A VACATED PORTION OF SOUTHCENTER PARKWAY Parcel 1: That portion of Southcenter Parkway (also appearing of record as Frager Road and also appearing of record as 57 Avenue South) located in King County, Washington and lying between the two following described lines A and B: LINE A: Beginning at the northwest corner of the southwest 1/4 of the northeast '/4 of section 35, township 23 north, range 4 east, W.M.; Thence south 88 °54'46" east along the north line of said subdivision, 449.30 feet; Thence south 01°05'14" west 36.0 feet to the southerly margin of south 180 street; Thence continuing south 01°05'14" west 365.78 feet; Thence north 88 °54'46" west 424.89 feet; Thence south 86 °58'00" west 103.76 feet; Thence south 58 °20'50" west 74.23 feet to the easterly margin of said Southcenter Parkway and the true point of beginning; Thence proceeding northwesterly, at right angles to said easterly margin of said Southcenter Parkway, to the westerly margin of said Southcenter Parkway and the terminus of Line A. LINE B: The southerly city limits of the City of Tukwila as said city limits cross said Southcenter Parkway. Parcel 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87 °50'57" WEST, 243.15 FEET; THENCE NORTH 02 °09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78 °00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH 11 °59'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24 °56'33" WEST 170.23 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. W: \Word Processing \Ordinances \Tukwila South Southcenter Parkway Street Vac Exhibit A.doc LV:ksn 05/28/2009 Pagel of 1 CITY LIMIT LINE snt /TI-I 178th STR TUKWILA SOUTH PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT SQUTHCENTER PARKWAY RIGHT OF WAY VACATION TUKWILA, KING COUNTY, WAEHNCITON. 0s1 Exhibit B Following are Exhibits C-F to Ordinance 2387 Exhibit C: Legal Description Exhibit D: Map Exhibit E: Southcenter Parkway Extension Project Drawing Exhibit F: Public Access Easement Exhibit C SOUTHCENTER PARKWAY STREET VACATION AMENDMENT EXCEPT THAT PORTION OF PARCEL 1, AS DESCRIBED IN THE CITY ORDINANCE NUMBER 2240, LYING BETWEEN LINES 1 AND 2, MORE PARTICULAR DESCRIBED AS FOLLOWS: LINE 1 BEGINNING AT THE NORTHWEST CORNER OF CORRECTION QUITCLAIM DEED AS RECORDED UNDER RECORDING NUMBER 20060823000383, RECORDS OF KING.000NTY, WASHINGTON, DESCRIBED AS FOLLOWS; THAT PORTION OF GOVERNMENT LOT 6, SECTION 35, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, 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 (SOUTH.CENTER 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 00 °58'10" WEST 313.17 FEET SOUTH AND NORTH 89 °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 67 °36'00" EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER. THENCE NORTHWESTERLY, AT RIGHTANGLES TO THE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH), TO THE WESTERLY MARGIN OF SAID SOUTHCENTER PARKWAY AND THE TERMINUS OF SAID LINE 1. LINE 2 THE EASTERLY MARGIN OF NEW ESTABLISHED SOUTHCENTER PARKWAY IN YEAR 2012. p: \t \tuka00000001 \0600info \sv \617 sv legal descriptions \city street vacation amendment \street vacation exception description.docx 3 0 0 0 V O S 0 0 0 0 0 0 0 v x d N D W C u E N v . `j 9 1 O O I 41.5' 41.5' 1 Ic 1 � 1 Lu o) rn 0 Z I ?- E N iV 1 41.5' N 0 V El --`,42 a 0 N U) 0 d' �N 4 -' N.T.S. LINE 1 J� PROPOSED MONUMENT PROPOSED RIGHT —OF —WAY - -- EXISTING RIGHT —OF —WAY Exhibit D 3523049116 NW CORNER PER DEED, RECORDING NO. 20060823000383 3523049014 3523049081 3523049082 LINE 2— EASTERLY MARGIN OF NEW SOUTHCENTER PARKWAY ESTABLISHED IN 2012 VACATION AMENDMENT AREA /I--- STREET VACATION AMENDMENT _ DAVID EVANS PORTIONS OF THE SW1 /4 OF SECTION 35, ANDASSOCIATES INC. 415 -118th Avenue SE TOWNSHIP 23 NORTH, RANGE. 4 EAST, W.M., Bellevue Washington 980053518 CITY OF TUKWILA, KING COUNTY, WASHINGTON Phone: 425.519.6500 w �Iw \a! 0 O� N� p 0 R CU ONCE d aTs C 1,, 1 • 9 Y ..r.:.... - > CURVE TABLE ALIGNMENT CURVE Q _ PC _2ATION PI STA7_10_N PT STATION DELTA TANGENT LENGTH RADIUS SITE BENCHMARK ELEVATIONS DETERMINED FROM FAST -STATIC CPS OBSERVATIONS UTILIZING WS00T CONTROL POINTS HC717 -7, HC17 -11• 0.0 9 +009 BEGIN) M7,167-9Z AND GP17167 -93. 1 -,12 B 634734 E 4053W Cl 85.74.90 86 +08.06 88 +00.22 13'1 •3 • 113.16 225.32 979.75 tea. fpAi 6 P� p0``'G UT ® �� Ov�N S l `'o C2 113+95.25 116 +90.03 119 +70.05 - 295459 574.81 1000.00 C3 126+19.18 129 +14.07 131 +94.15 2' 295.59 575.00 ID00.00 C4 _ 142+04.60 147 +Sn.63 152.87.42 24'46'59' 350.04 1082.82 2500.00 C5 166+10.31 171 +75.19 177+05.56 ]1' 7' 556.89 1086.26 2000.00 5+9 .33 EN C6 7tB3.9n 6t38.05 0 +87.56 '4 ' 52.11 103.62 392.00 C7 1 +52.05 1.98.70 2 +31.tfi 7a'a6' 0- 45.85 78.30 160.00 CB 13 +84.8- 18 +25.38 22 +05.0.1 �qg't 4' 440.54 860.19 8000.00 f I JT C -LINE p •.l l)I J � � • 90's , _ 1t i, :,:::::: n► i4 .� w ����.. IN - �. 1 ' r j /fit }•`.'� r,j W O rap.p0 U ml 01.,. l,{ 9CP VA: DSt00D0- ' '... NOTES: I. HORIjDNTAL DATUM: WASHD40DN STATE PLANE HAD 53 (2007) NORTH ZONE DAVID EVANS NS C ANOASSOCIATESIHo. 415 --M At W00E Y D�64.. 1-11"A 6por.35+e Ph- 425.519.6500 2. ��L DATUM• PROJECT DATUM PROJECT DATUM a NAVD '80 MINUS 3.34'. ( + / -NGVD '29) SITE BENCHMARK ELEVATIONS DETERMINED FROM FAST -STATIC CPS OBSERVATIONS UTILIZING WS00T CONTROL POINTS HC717 -7, HC17 -11• 0.0 M7,167-9Z AND GP17167 -93. 1 -,12 B 634734 E 4053W ... Pro 6. �s >at ` E v� O� tea. fpAi 6 P� p0``'G UT ® �� Ov�N S l `'o 9p4a .ae y -. %Wcp 1 A 8 693419' W CALL "HOUR BEFORE YOU DIG ✓ COMMON ALLIII I Btt w 1(0971 RKWAY 3 x••1 PLAN `h�1b1f�J'r_J Nu D.+e Rn�w:4 Gro u7ne / 4 PUZ3LIC WOZ2.I�S DEPT_ c\/ � -ENGINEERING • STREETS -WATER -SEWER -PARKS •BUILDING• pl, p� DAVID EVANS NS C ANOASSOCIATESIHo. 415 --M At W00E Y D�64.. 1-11"A 6por.35+e Ph- 425.519.6500 FSDERAL WO PROJECT NO. STPU41 SOUTHCENTER PA EXTENSION �^^ 0.0 Pro 6. �s >at ax16 x•la HORIZONTAL CONTROL tea. fpAi 6 Exhibit F 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 (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. 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 Bv: Name: M. 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 M. 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 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. (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 670 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 67° 36'00" EAST 248.63 FEET; THENCE SOUTH 230 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 230 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 660 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 89 003'20" EAST 1,656.75 FEET AND NORTH 00 056'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 013'05" EAST 36.70 FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET; THENCE SOUTH 73 005'40" EAST 233.32 FEET; THENCE NORTH 16 °29'55" EAST 474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16 029" 55" EAST 100 FEET; THENCE SOUTH 64 017'20" 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 66 002'38" WEST 250 FEET TO A POINT ON THE EASTERLY MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25 001'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7; THENCE SOUTH 25 001'18" WEST ALONG SAID ROAD MARGIN TO A POINT SOUTH 89 003'20" EAST 1,656.75 FEET AND NORTH 00 056'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 013'05" EAST 36.70 FEET; THENCE SOUTH 19 059'25" WEST TO A POINT WHICH BEARS NORTH 66 002'38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66 002'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Exhibit B -1 to Access Easement Depiction of the Segale Easement Area exhibit b-1 site depiction of easement area southcenter parkway street vacation segale excluded parcel segale benefited parcel mitchell parcel gwi parcel 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 60 053'14 "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 80 °101 3 "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 10 030'41 ", 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 71 052'32 ", 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 64 057'59" WEST TO A POINT ON A NON - TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 76 018'05" WEST 54.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55 057'01 ", 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 06 035'14 ", AN ARC DISTANCE OF 42.25 FEET; THENCE LEAVING SAID CURVE ON A NON - TANGENT BEARING OF NORTH 85 030'40" 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 51 058'56 ", 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 09 049'47" EAST ALONG SAID EASTERLY RIGHT OF WAY MARGIN 104.05 FEET TO THE POINT OF BEGINNING. Exhibit C to Access Easement Site Depiction of the Haul Road Return Address: City of Tukwila ATTN: City Clerk 6200 Southcenter Blvd 20121130002448 CITY OF TUKWIL EAS 138.00 PAGE -001 OF 016 11/30/2012 15:05 KING COUNTY, WA 1 r 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) 1. ACC, SS y.11► -l— c hiett t- ,Lo cc., 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. S'.e 61,0--t Frei .1-t_../). L , 2. , Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. C(.�1 j Of 'Te,t kr tl f (---, , 2. VJ , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) }for -i-Lm v,-( Sec hcam. 35, 2ctri.. 23 &, !vc.,11$Jiip OVA) Additional legal is on page ) of document. &?(h 0t•f5 /i A-2. 0- 2 , Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 352304 _90/4) 35a - '9'i5.) 3523v,1 -y°Ft) 35 2_3,01i -yog-a, 352.;0L1 —gilt-, The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.1.8.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Il? L (1i : 4V fd Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin /formatting requirements Signature of Requesting Party 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 n Full legal is on page document. EX- %/6/.. I%, 1 d/ 0 Assessor's Property Tax Parcel /Account Number 352304 -9014; 352304 -9015; 352304 -9081; 352304 -9082; 352304 -9116 ACCESS EASEMENT THIS ACCESS EASEM NT AND MAINTENANCE AGREEMENT ( "Easement ") is made as of Q , 20_1,4.( "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. 2387 ( "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 (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. 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 m ,ynicipal cor• oration BY IM HAG ON I ' MAYO SEGALE PROPERTIES LLC, a Washington limited liability company By Metro Land De elopme nc. Its Manager By: Name: ark A. Se Its: Vice - President STATE OF WASHINGTON ) ) ss. COUNTY OF _ ) On this /% day of evcsx , 20/2, before me, the undersigned, a Notary Public in and for the St to of Washington, duly commissioned and sworn, personally appeared Mark 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 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. I 11 i4rerl‘iktilkt‘if14% f, (Signature of otary) � / y/7,1 -eh e fS ofilVota (Print or stamp p ry) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 3 Agar AK( S STATE OF WASHINGTON ) COUNTY OF ) ss. On this ,A19 day of NOYehk- , 201x. before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared UNM.1 -k *lit" , 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 'Lk-. 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. galitt;14 -764)7f- S (Signature of Notary) tr o PettsSA. R. !la✓+- (Print or stamp name of Notary) NOTARY PUBLIC in and for the St ?te of Washington, residing at `nAt� My appointment expires: N igho 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 00° 58' 10" WEST 313.17 FEET SOUTH AND NORTH 89° 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 67° 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 00° 58' 10" WEST 313.17 FEET AND NORTH 89° 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 67° 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 66° 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 89 °03'20" EAST 1,656.75 FEET AND NORTH 00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70 FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET; THENCE SOUTH 73 °05'40" EAST 233.32 FEET; THENCE NORTH 16 °29'55" EAST 474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16 °29" 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 66°0Z38" WEST 250 FEET TO A POINT ON THE EASTERLY MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25 °01'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7; THENCE SOUTH 25 °01'18" WEST ALONG SAID ROAD MARGIN TO A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH 00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70 FEET; THENCE SOUTH 19 °59'25" WEST TO A POINT WHICH BEARS NORTH 66 °02'38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66 °02'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Exhibit B -1 to Access Easement Depiction of the Segale Easement Area EXHIBIT B-1 SITE DEPICTION OF THE EASEMENT AREA SOUTHCEIVTER PARKWAY EXTENSION ( NEW ROAD SCALE F - 30' 47-01144 DELTA • 51.5656* RADIUS • 6S50 1 LENGTH = 63.05' / PC a EASEmarr PARcEL A 35-004908 LAYER STATE GACO MD EIRCHELL FIOAD VAG Exhibit B-2 to Access Easement Legal Description of the Sega le 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 ;krd ii?j,001.4 jcj AND SHOWN ON RECORD OF SURVEY AS FILED UNDER KING COUNTY RECORDER'S NO.200iI6C1 0 000 , 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 60°53'14"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 71°52'32", 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 76°18'05" 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 06°35'14", AN ARC DISTANCE OF 42.25 FEET; THENCE LEAVING SAID CURVE ON A NON TANGENT BEARING OF NORTH 85°30'40" 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°5856", 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 SITE DEPICTION OF HAUL ROAD BCAIEP -rap' City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2385 -2387. On November 19, 2012 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2385: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2013, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2386: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2013, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2387: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2240 RELATING TO VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXI - MATELY SOUTH 180th STREET TO EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET VACATION ORDINANCE NO. 2240) BY REPLACING EXHIBITS A AND B AND AMENDING SECTION 4 TO PROVIDE FOR REPLACEMENT ACCESS TO TWO PARCELS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: November 26, 2012