Loading...
HomeMy WebLinkAbout2013 - Second Addendum to Tukwila South Development Agreement - Segale Properties - 20130228000692Return Address CONFORMED COPY City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 20130223000692 SEGALE PROPERT AG PAGE -001 OF 019 02/28/2013 10:27 Document Title(s) (or transactions contained therein): Second Addendum to Development Agreement by and between the City of Tukwila and Segale Properties LLC, for the Tukwila South Project Reference Number(s) of Documents assigned or released: N/A (on page of documents(s)) _ Grantor(s) (Last name first, then first name and initials): SEGALE PROPERTIES LLC Grantee(s) (Last name first, then first name and initials): CITY OF TUKWILA Legal description (abbreviated: i.e. lot, block, plat or section, township, range) N/A Assessor's Property Tax Parcel /Account Number(s): 022204 -9008; 022204 -9011; 022204 -9015; 022204 -9043; 022204 -9006; 032204 -9090; 032204 -9106; 352304 -9013; 352304 -9015; 352304 -9017; 352304 -9032; 352304 -9040; 352304 -9041; 352304 -9045; 352304 -9049; 352304 -9050; 352304 -9068; 352304 -9118; 352304 -9115; 022204 -9057 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC, FOR THE TUKWILA SOUTH DEVELOPMENT 09-100(d) App. via Sect 8 pg. 36 of original DA THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (the "Addendum ") is made and entered into thisol ray of February, 2013, 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; and WHEREAS, on November 20, 2012 the City and Segale entered into that certain Addendum to Development Agreement (the "Addendum ") to memorialize the terms regarding the timing and conveyance of land for a fire station; and WHEREAS, the timing of certain events as set forth in the Addendum are no longer feasible and need to be modified; and WHEREAS, this Second 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. Page 1 of 18 2. Section 2 of the Addendum is hereby amended and replaced in its entirety with the following language: 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 previously delivered a deed for Fire Station Land to the City, but the parties have determined it is in the best interest of the City to have ownership of the slope adjoining the Fire Station Land; therefore, the deed for the Fire Station Land Segale previously provided to the City shall be replaced with the deed attached hereto as Exhibit A -1 (the "Fire Station Deed "). Segale shall convey the Fire Station Land to the City as soon as possible following the recording of a boundary line adjustment making the Fire Station Land two separate legal lots. If S. 178th Street is not vacated, or if S. 178th Street is vacated and then rededicated to the City pursuant to the terms of this Addendum, the Parties agree that the two separate legal Tots that comprise the Fire Station Land will continue to be part of the Tukwila South Plat, File #, L12 -027 and will be platted as set forth in that plat. 3. Section 2(a) of the Addendum is hereby amended and replaced in its entirety with the following language: a. The City's acceptance of the Fire Station Land is based on the Tukwila City Council's proposed vacation of a portion of the existing S. 178th Street (the "S. 178th Vacation "). The area to be vacated is 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. Such easements shall terminate upon dedication of the realigned S. 178th Street to the City pursuant to this Addendum. Page 2 of 18 4. Section 2(c) of the Addendum is hereby amended and replaced in its entirety with the following language: c. Within five (5) years of the date of this Addendum, Segale shall conduct the grading work set forth in Section 2(o) herein and shall complete any other necessary work to ensure that the Fire Station Land 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. The five year time period to complete this work 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. Segale shall indemnify and hold harmless the City, its officers, employees, agents, and volunteers, from any and all claims arising from or relating to the work performed by Segale pursuant to this Addendum, the specific terms of such indemnification shall be agreed to between Segale and the City prior to Segale commencing work on the Fire Station Land. 5. Section 2(d) of the Addendum is hereby amended and replaced in its entirety with the following language: d. Segale may, in Segale's sole and absolute discretion, elect to replace the Fire Station Deed 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, the City shall convey the Fire Station Land back to Segale at no cost to Segale, 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 - Page 3 of 18 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, Segale shall, at the City's request, dedicate the now existing S. 178th 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. 6. Section 2(e) of the Addendum is hereby amended and replaced in its entirety with the following language: 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 April 30, 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. 7. Section 2(m) of the Addendum is hereby amended and replaced in its entirety with the following language: 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 the City shall convey the Fire Station Land back to Segale at no cost to Segale. If Segale elects to convey the Alternative Fire Station Land to the City 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 Page 4 of 18 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(1) 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. 8. Section 2(n) of the Addendum is hereby amended and replaced in its entirety with the following language: n. If the City Council does not approve the S. 178th Vacation on or before April 30, 2013, (i) the Fire Station Land shall be reconveyed to Segale at no cost and Segale shall convey the Alternative Fire Station Land to the City, (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. 178t" 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. 9. The following shall be added as section 2(o): o. Within thirty (30) days of the effective date of the S. 178th Vacation, the City shall grant Segale easements for utilities consistent with the easements reserved by Segale in the Fire Station Deed. The conveyance of the Fire Station Land from Segale to the City shall include a reservation of an easement in favor of Segale to perform grading work as set forth in Plan Revision No. 8 to City of Tukwila Grading Permit No. PW 10 -064 submitted by Segale on February 26, 2013 (the "Grading Work "). The parties acknowledge the Grading Work is necessary in order to create a stable slope westward of the Fire Station Land. Segale shall perform the Grading Work at no cost to the City and shall be entitled to the right, title and interest in and to the earthen material excavated from the hillside during the course of Segale's performance of the Grading Work, including the portion of the earthen material located within the existing S. 178th Street right -of -way. The City shall not be Page 5 of 18 entitled to compensation for the earthen material excavated by Segale as a result of the Grading Work. 10. The following language shall be added as Section 2(p): p. Within thirty (30) days of the effective date of the S. 178th Vacation, the City shall grant Segale easements for utilities and for performance of the Grading Work over the vacated S. 178th Street consistent with the easements reserved by Segale in the Fire Station Deed. 11. 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 12. This Second 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. 13. This Second Addendum shall be recorded against the Tukwila South Property as a covenant running with the land. 14. Except as amended herein, the terms and provisions of the Addendum remain in full force and effect. THIS SPACE INTENTIONALLY LEFT BLANK Page 6 of 18 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 Segale Properties LLC, a Washington limited liability company By: Metro Land Development, Inc., Its: Manager By: •ee•V, - M. A. Segale, Pre ident Date: i7-7-1 3 Page 7 of 18 STATE OF WASHINGTON ) ) ss. COUNTY OF /( ) On this 01 %day of P6�`�, �-, , 20/3 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 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 o •tary) pre./-2 e J (Print or sta p nam "of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Page 8 of 18 STATE OF WASHINGTON ) COUNTY OF I � ) On this av of of 1'vtovv) , 20 13, before me, the undersigned, a Notary Public in and for the"State of Washington, duly commissioned and sworn, personally appearerT7m I-} cQ , to me known to be the person who signed as )'1lfl yf e' 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 b-Q was authorized to execute said instrument on behalf of the limited liability company. ) ss. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. e7-)61,ij7 (Signature of ., otary) \, izis`t-y rn O' Fb1-4e4Tj (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at 5-LA (AA) 2✓' . My appointment expires: 1 . Page 9 of 18 EXHIBIT A FIRE STATION LAND LEGAL DESCRIPTION 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 02° 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 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. Page 10 of 18 ALSO EXCEPT SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. Together with: 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 02° 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 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. ALSO EXCEPT SOUTHCENTER PARKWAY Page 11 of 18 EXHIBIT A -1 to 09- 100(d) FIRE STATION DEED Return Address City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 CONFORMED COPY 20130228000693 SEGALE PROPERT WD 79.00 PAGE -001 OF 008 02/28/2013 10:27 E2591318 02/28/2013 10:27 TAX $10.00 SALE $0.00 PAGE -001 OF 001 Document Title(s) (or transactions contained therein): Statutory Warranty Deed Reference Number(s) of Documents assigned or released: N/A (on page of documents(s)) Grantor(s) (Last name first, then first name and initials): SEGALE PROPERTIES LLC Grantee(s) (Last name first, then first name and initials): CITY OF TUKWILA Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PTNS. E %2 NW ' of SEC 35, TWN 23N RGE 4E © Full legal is on pages 4 -5 of document. Assessor's Property Tax Parcel /Account Number(s): 352304 -9008 and 352304 -9040 STATUTORY WARRANTY DEED PAGE 1 STATUTORY WARRANTY DEED Grantor, SEGALE PROPERTIES LLC, a Washington limited liability company, for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration in hand paid, receipt and sufficiency of which are acknowledged, conveys and warrants to Grantee, THE CITY OF TUKWILA, a municipal corporation, that certain real estate situated in King County, Washington as more particularly described in SCHEDULE 1 attached hereto and incorporated herein by this reference (the "Property "), for so long as the City uses the Property for operating fire station facilities. Subject to all matters of public record and subject to the reserved rights set forth in SCHEDULE 2 attached hereto and incorporated herin by this reference. DATED February /1 , 20117 . Segale Properties LLC, a Washington limited liability corporation By Metro Land Development, Inc. Its Manager Mario A. Segale, Presi ent STATUTORY WARRANTY DEED PAGE 2 STATE OF WASHINGTON ) COUNTY OF KING ) ss. On thisJ2 day of February, 2013, 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 he 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. .NN MFi� "/, I, Ns y ,, 03 -28. ` ° 40 /,,/ OF WAS' STATUTORY WARRANTY DEED /)r? AC- e,2e S1 ( rint or stamp ame q Notary) NOTARY PUBLIC in and for t e State of Washington, residing at My appointment expires: PAGE 3 SCHEDULE 1 to Statutory Warranty Deed LEGAL DESCRIPTION Parcel 352304 -9008: 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 02° 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 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36"WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. ALSO EXCEPT SOUTHCENTER PARKWAY Parcel 352304 -9040 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 02° 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 STATUTORY WARRANTY DEED PAGE 4 CENTERLINE OF SOUTH 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. ALSO EXCEPT SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. STATUTORY WARRANTY DEED PAGES SCHEDULE 2 GRANTOR'S RESERVATIONS (i) Grantor hereby reserves for benefit of Grantor's adjoining parcels, a utility easement for the construction and maintenance of utility lines and pipes to be located as deemed necessary and convenient by Grantor within the following described portion of the Property: 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 02° 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 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO, 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 52.09 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 76° 27'42 "WEST 20.11 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE NORTH 59° 51'33 "WEST 88.04 FEET; THENCE NORTH 31° 29'19 "EAST 89.53 FEET; THENCE NORTH 30° 25'18 "EAST 124.68 FEET; THENCE NORTH 29° 51'31 "EAST 106.10 FEET; THENCE NORTH 27° 30'49 "EAST 83.74 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF SOUTH 178TH STREET. (11) Grantor hereby reserves for benefit of Grantor's adjoining parcels, a twenty (20) foot wide utility easement for the construction and maintenance of utiltity lines and pipes, including without limitation stormwater drainage pipes, over the following described portion of the Property, together with a temporary access and construction easement over those portions of the Property necessary during installation of the stormwater drainage pipes: STATUTORY WARRANTY DEED PAGE 6 A 20 FOOT WIDE STRIP OF LAND OVER, UNDER AND ACROSS A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: 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 02° 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 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. THE CENTERLINE OF THE AFOREMENTIONED 20 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL, ALSO BEING A POINT OF THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN AND ITS EXTENSION THEREOF A DISTANCE OF 85.38 FEET TO THE POINT OF BEGINNING OF SAID 20 FEET WIDE STRIP; THENCE LEAVING SAID WESTERLY RIGHT OF WAY MARGIN SOUTH 72° 30'53 "WEST 205.69 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE AFOREMENTIONED TRACT OF LAND, ALSO BEING THE TERMINUS OF THIS CENTERLINE. THE SIDELINES OF THIS 20 FOOT WIDE STRIP ARE TO BE LENGTHENED OR SHORTENED TO INTERSECT THE SOUTH LINE OF THE AFOREMENTIONED TRACT OF LAND AND THE WESTERLY RIGHT OF WAY MARGIN OF SAID SOUTHCENTER PARKWAY EXTENSION. STATUTORY WARRANTY DEED PAGE 7 EXCEPT ANY PORTION THEREOF LYING WITH IN THE RIGHTS OF WAY OF SOUTHCENTER PARKWAY EXTENSION AND SOUTH 178TH STREET. (iii) Grantor hereby reserves unto itself, an easement over the Property for slopes, cuts and fills and for construction related activities to create an approximately 3 -acre flat building site and adjoining 2:1 slope ( "Grantor's Work "). The description and scope of Grantor's Work has been agreed to by Grantor and Grantee in Section 7 of that certain Second Addendum to Development Agreement dated February Si, 2013 recorded under King County Recorder's Number 2013 02'1,S 600 V'1?. which is incorporated herein by this reference. Grantor also reserves unto itself all right, title and interest in and to the earthen materials extracted from the Property during the course of performance of Grantor's Work. STATUTORY WARRANTY DEED PAGE 8 Departmentot Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 -61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property If multiple owners, list percentage of ownership next to name. il III ao -z NU Name Seoale Properties LLC Mailing Address P.O. Box 88028 City /State /Zip Tukwila, WA 98138 Phone No. (including area code) (206) 575 -2000 l 54 ca Name City of Tukwila Mailing Address 6200 Southcenter Blvd, attn: City Clerk City /State /Zip Tukwila. WA 98188 Phone No. (including area code) (206) 375 -8253 ® Send all property tax correspondence to:❑ Same as Buyer /Grantee Name Mailing Address City/State /Zip Phone No. (including area code) List all real and personal property tax parcel account numbers — check box if personal property 352304 -9008 352304-9040 n n n n List assessed value(s) isStreet address of property: Parcels have no addresses. Parcel is located at intersection of S. 178th Street and Southcenter Parkway in Tukwila This property is located in Tukwila ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See attached Schedule 1 ® Select Land Use Code(s): 191 - Undeveloped land pod onyl enter any additional codes: (Sec back of last page for instructions) Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? YES NO ❑ El 0 List all personal property (tangible and intangible) included in selling price. Is this property designated as forest land per chapter 84.33 RCW? Is this property classified as current use (open space, farm and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 8426 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the oo longer qualifies or you do not wish to continue the designation or , it will be removed and the compensating or additional taxes will tyable by the seller or transferor at the time of sale. (RCW RCW 84.34.108). Prior to signing (3) below, you may contact aunty assessor for more information. 0 does ❑ does not qualify for continuance. YES NO ❑ ❑• ❑ O ❑ ❑° PAGE -001 OF 001 DEPUTY ASSESSOR DATE NOTICE OF COMPLIANCE (HISTORIC PROPERTY) 4ER(S): To continue special valuation as historic property, :low. If the new owner(s) does not wish to continue, all tax calculated pursuant to chapter 84.26 RCW, shall be due and the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section /Subsection) 458 -61A -201 Reason for exem tion . Dedication of land 10 a city for use as a fire station, no consideration was paid to Grantor. Type of Document Statutory Warranty Deed Date of Document 2/28/13 Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax : State $ Local $ *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ *State Technology Fee $ *Affidavit Processing Fee $ Total Due $ 0.0050 0.00 0.00 0.00 0.00 0.00 5.00 10.00 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND /OR TAX .SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY 1 HAT THE FOREGOING IS TRU Signature of Grantee or Grantee's Agent c of r or Grantor's Agent print) Mario A. Segale, President of Manager of Grantor city of signing: 2/27 /2013 Name (print) Jim Ha Date & city of signing D CORREC ..ert�,11 Ardimmtiymag (: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a in amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). i 0001ae (6/28/12) THIS SPACE - TREASURER'S USE ONLY COUNTY ASSESSOR Department of re Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458 -61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) Check box if partial sale of property If multiple owners, list percentage of ownership next to name. w� w Name Segale Properties LLC Mailing Address P.O. Box 88028 City /State /Zip Tukwila, WA 98138 Phone No. (including area code) (206) 575 -2000 c4 t.L1 c.7 Name City of Tukwila Mailing Address 6200 Southcenter Blvd, attn: City Clerk City /State /Zip Tukwila WA 98188 Phone No. (including area code) (206) 375 -8253 ® Send all property tax correspondence to: Same as Buyer /Grantee Name Mailing Address City /State /Zip Phone No. (including area code) List all real and personal property tax parcel account numbers — check box if personal property 352304 -9008 ❑ 352304 -9040 n n n List assessed value(s) © Street address of property: Parcels have no addresses. Parcel is located at intersection of S. 178th Street and Southcenter Parkway in Tukwila CI This property is located in Tukwila ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See attached Schedule 1 ® Select Land Use Code(s): 191 - Undeveloped land (land only) enter any additional codes: (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter ❑ 84.36 RCW (nonprofit organization)? Is this property designated as forest land per chapter 84.33 RCW? Is this property classified as current use (open space, faun and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ❑ does not qualify for continuance. YES NO 0 0 0 0 DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section /Subsection) 458 -61A -201 Reason for exemption Dedication of land -to a city for use as a fire station, no consideration was paid to Grantor. Type of Document Statutory Warranty Deed Date of Document 2/28/13 Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax : State $ Local $ *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ 0.00 *State Technology Fee $ *Affidavit Processing Fee $ Total Due $ 10.00 0.0050 0.00 0.00 0.00 0.00 5.00 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND /OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantor or Grantor's Agent Name (print) Mario A. Segale, President of Manager of Grantor Date & city of signing: 2/27/2013 Signature of Grantee or Grantee's Agent Name (print) Jim Haggerton, Mayor Date & city of signing: Tukwila, WA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1C)). REV 84 000Iae (6/28/12) THIS SPACE - TREASURER'S USE ONLY COUNTY ASSESSOR SCHEDULE 1 LEGAL DESCRIPTION Parcel 352304 -9008: 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 02° 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 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. ALSO EXCEPT SOUTHCENTER PARKWAY Parcel 352304 -9040 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 02° 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 STATUTORY WARRANTY DEED PAGE 4 CENTERLINE OF SOUTH 178TH STREET; THENCE NORTH 87° 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 PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219, BOTH RIGHTS OF WAYS ARE TO BE EXTENDED SOUTHERLY AND NORTHERLY TO THEIR INTERSECTION, ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 09° 50'27 "EAST ALONG SAID WESTERLY RIGHT OF WAY MARGINS 36.81 FEET TO THE AFOREMENTIONED RIGHTS OF WAY INTERSECTION; THENCE NORTH 11° 55'53 "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 76° 27'42 "WEST 72.20 FEET; THENCE NORTH 51° 28'36 "WEST 47.25 FEET; THENCE SOUTH 38° 42'41 "WEST 76.90 FEET; THENCE SOUTH 86° 59'11 "WEST 136.44 FEET; THENCE NORTH 64° 13'29 "WEST 24.27 FEET; THENCE NORTH 51° 43'09 "WEST 17.43 FEET; THENCE NORTH 54° 04'01 "WEST 16.02 FEET; THENCE SOUTH 30° 02'36 "WEST 355.32 FEET; THENCE SOUTH 42° 30'57 "EAST 100.63 FEET; THENCE SOUTH 87° 50'41 "EAST 274.20 FEET; THENCE SOUTH 59° 51'33 "EAST 103.04 FEET;THENCE SOUTH 78° 59'13 "EAST 97.25 FEET; THENCE SOUTH 83° 47'24 "EAST 152.61 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF THE AFOREMENTIONED SOUTHCENTER PARKWAY EXTENSION; THENCE NORTH 09° 50'27 "EAST ALONG SAID MARGIN 115.15 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 178TH STREET. ALSO EXCEPT SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. STATUTORY WARRANTY DEED PAGE 5 ra State of Washington C.... Department s Revenue Section Miscellaneous Tax Section PO Box 47477 Olympia WA 98504 -7477 REAL ESTATE EXCISE TAX SUPPLEMENTAL STATEMENT (WAC 458 -61A -304) This form must be submitted with the Real Estate Excise Tax Affidavit (FORM REV 84 0001A) for claims of tax exemption as provided below. Completion of this form is required for the types of real property transfers listed in numbers 1 -3 below. Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit, it is the taxpayers' responsibility to provide documentation to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale. (RCW 82.45.100) Failure to provide supporting documentation when requested may result in the assessment of tax, penalties, and interest. Any filing that is determined to be fraudulent will carry a 50% evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1C)). The persons signing below do hereby declare under penalty of perjury that the following is true (check appropriate statement): 1. ❑ DATE OF SALE: (WAC 458 -61A- 306(2)) I, (print name) certify that the (type of instrument), dated , was delivered to me in escrow by (seller's name). NOTE: Agent named here must sign below and indicate name of firm. The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument. If it is past 90 days, interest and penalties apply to the date of the instrument. Reasons held in escrow. Signature Firm Name 2. GIFTS: (WAC 458 -61A -201) The gift of equity is non - taxable; however, any consideration received is not a gift and is taxable. The value exchanged or paid for equity plus the amount of debt equals the taxable amount. One of the boxes below must be checked. Both Grantor (seller) and Grantee (buyer) must sign below. Grantor (seller) gifts equity valued at $ to grantee (buyer). NOTE: Examples of different transfer types are provided on the back. This is to assist you with correctly completing this form and paying your tax. "Consideration" means money or anything of value, either tangible (boats, motor homes, etc) or intangible, paid or delivered, or contracted to be paid or delivered, including performance of services, in return for the transfer of real property. The term includes the amount of any lien, mortgage, contract indebtedness, or other encumbrance, given to secure the purchase price, or any part thereof, or remaining unpaid on the property at the time of sale. "Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1. ❑ Grantor (seller) has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee (buyer) $ (include in this figure the value of any items received in exchange for property). Any consideration received by grantor is taxable. 2. ❑ Grantee (buyer) will make payments on % of total debt of $ for which grantor (seller) is liable and pay grantor (seller) $ (include in this figure the value of any items received in exchange for property). Any consideration received by grantor is taxable. B: Gifts without consideration 1. 0 There is no debt on the property; Grantor (seller) has not received any consideration towards equity. No tax is due. 2. ❑ Grantor (seller) has made and will continue to make 100% of the payments on total debt of $ and has not received any consideration towards equity. No tax is due. 3. ❑ Grantee (buyer) has made and will continue to make 100% of the payments on total debt of $ and has not paid grantor (seller) any consideration towards equity. No tax is due. 4. ❑ Grantor (seller) and grantee (buyer) have made and will continue to make payments from joint account on total debt before and after the transfer. Grantee (buyer) has not paid grantor (seller) any consideration towards equity. No tax is due. Has there been or will there be a refinance of the debt? ❑ YES MI NO (If yes, please call (360) 570 -3265 to see if this transfer is taxable). If grantor (seller) was on title as co- signor only, please see WAC 458 -61A -215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information regarding record - keeping requ ments and evasion penalties. rantor's Si . ture Grantee's Signature 3. ❑ IRS "TAX DEFERRED" EXCHANGE (WAC 458 -61A -213) I, (print name) , certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031, and in accordance with WAC 458 -61A -213. NOTE: Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance, contact your local County Treasurer/Recorder or visit http: / /dor.wa.gov or call (360) 570 -3265. To inquire about the availability of this document in an alternate format, visit http: / /dor.wa.gov. Teletype (TTY) users may call (360) 705 -6718. REV 84 0002ea (9/7/11) COUNTY ASSESSOR r., State orwashington REAL ESTATE EXCISE TAX ir..., M celtneo s Revenue Miscellaneous Tax section SUPPLEMENTAL STATEMENT PO Box 47477 Olympia WA 98504 -7477 (WAC 458 -61A -304) This form must be submitted with the Real Estate Excise Tax Affidavit (FORM REV 84 0001 A) for claims of tax exemption as provided below. Completion of this form is required for the types of real property transfers listed in numbers 1 -3 below. Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit, it is the taxpayers' responsibility to provide documentation to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale. (RCW 82.45.100) Failure to provide supporting documentation when requested may result in the assessment of tax, penalties, and interest. Any filing that is determined to be fraudulent will carry a 50% evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). The persons signing below do hereby declare under penalty of perjury that the following is true (check appropriate statement): 1. ❑ DATE OF SALE: (WAC 458 -61A- 306(2)) I, (print name) certify that the (type of instrument), dated , was delivered to me in escrow by (seller's name). NOTE: Agent named here must sign below and indicate name of firm. The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument. If it is past 90 days, interest and penalties apply to the date of the instrument. Reasons held in escrow. Signature Firm Name 2. GIFTS: (WAC 458 -61A -201) The gift of equity is non - taxable; however, any consideration received is not a gift and is taxable. The value exchanged or paid for equity plus the amount of debt equals the taxable amount. One of the boxes below must be checked. Both Grantor (seller) and Grantee (buyer) must sign below. Grantor (seller) gifts equity valued at $ to grantee (buyer). NOTE: Examples of different transfer types are provided on the back. This is to assist you with correctly completing this form and paying your tax. "Consideration" means money or anything of value, either tangible (boats, motor homes, etc) or intangible, paid or delivered, or contracted to be paid or delivered, including performance of services, in return for the transfer of real property. The term includes the amount of any lien, mortgage, contract indebtedness, or other encumbrance, given to secure the purchase price, or any part thereof, or remaining unpaid on the property at the time of sale. "Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1. ❑ Grantor (seller) has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee (buyer) $ (include in this figure the value of any items received in exchange for property). Any consideration received by grantor is taxable. 2. ❑ Grantee (buyer) will make payments on % of total debt of $ for which grantor (seller) is liable and pay grantor (seller) $ (include in this figure the value of any items received in exchange for property). Any consideration received by grantor is taxable. B: Gifts without consideration 1. MI There is no debt on the property; Grantor (seller) has not received any consideration towards equity. No tax is due. 2. ❑ Grantor (seller) has made and will continue to make 100% of the payments on total debt of $ and has not received any consideration towards equity. No tax is due. 3. ❑ Grantee (buyer) has made and will continue to make 100% of the payments on total debt of $ and has not paid grantor (seller) any consideration towards equity. No tax is due. 4. ❑ Grantor (seller) and grantee (buyer) have made and will continue to make payments from joint account on total debt before and after the transfer. Grantee (buyer) has not paid grantor (seller) any consideration towards equity. No tax is due. Has there been or will there be a refinance of the debt? ❑ YES MI NO (If yes, please call (360) 570 -3265 to see if this transfer is taxable). If grantor (seller) was on title as co- signor only, please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to ag,t t and have re?d the above i formation regarding record - keeping requirements and evasion penalties. a:13 Grantor's Signature // Grar f ignature 3. ❑ IRS "TAX DEFERRED" EXCHANGE (WAC 458 -61A -213) I, (print name) real property to , certify that I am acting as an Exchange Facilitator in transferring pursuant to IRC Section 1031, and in accordance with WAC 458 -61A -213. NOTE: Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance, contact your local County Treasurer/Recorder or visit http: / /dor,wa.gov or call (360) 570 -3265. To inquire about the availability of this document in an alternate format, visit http: / /dor.wa.gov. Teletype (TTY) users may call (360) 705 -6718. REV 84 0002ea (9/7/11) DEPT OF REVENUE