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HomeMy WebLinkAboutRes 1642 - Amend Westfield Southcenter Mall Expansion with WEA Southcenter LLC v.11LA, �y f J �ii p r t o Z,� r+0 1908 C ity Washington Resolution No. b t L� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO AMEND THE DEVELOPMENT AGREEMENT WITH WEA SOUTHCENTER, LLC, FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL. WHEREAS, on December 12, 2005, the Tukwila City Council approved Resolution No 1598, authorizing the Mayor to enter into a development agreement with WEA Southcenter, LLC "WEA and Prudential Financial, Inc, and WHEREAS, that agreement was duly executed (Contract No 05 -123) and recorded with the King County Recorder's Office (Recording No 20060621000329), and WHEREAS, WEA has purchased the majority interest of the property from Prudential Financial, Inc., and is the successor in interest to Prudential under the Development Agreement; and WHEREAS, the executed agreement vested WEA's development under the City's Sign Code in effect as of October 6, 2004, and WHEREAS, WEA has requested that the development agreement be amended so that its development is vested under the January 1, 2007 version of the City's Sign Code, and WHEREAS, a public hearing regarding this amendment was held on August 27, 2007, and WHEREAS, the City of Tukwila believes that there is no negative impact, and the public interest will be served by allowing this development to comply with the City's current sign code, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS. 1 The City Council approves the First Amendment to the Development Agreement with WEA Southcenter, LLC, attached hereto as 05 -123A, and made a part hereof by this reference. 2. The City Council hereby authorizes the Mayor to execute the First Amendment to the Development Agreement with WEA Southcenter, LLC. 3 The City Clerk is hereby directed to record a fully executed copy of this First Amendment to the Development Agreement with the King County Recorder's Office. 4. This resolution shall become effective immediately upon its adoption. C. \Documents and Settings \All Users \Desktop \Kelly \MSDA'I A \Resolutions \Amendment to 05- 123.doc Ksn 8/30/2007 Page 1of 2 ~ PASSED BY THE CITY COUNCILflF THE CITY OF TUKWILA,_WASHINGTON, at a Regular Meeting thereof this q1 day of 5.p jJlf> rfl M r , 2007 ~/~ Verna Griffin, Council President ATTEST / AUTHENTICATED' (~ ()T~vll1 Jane E. carib, CMC, City Clerk BY Filed with the City Clerk: ~>?,..- ~<1~O IJ Passed by the City Council. C\ -A-1- () 4J Resolution Number I ~ ' Attachment: 05-123A - First Amendment to Development Agreement between the City of Tukwila, WEA Southcenter LLC, and Prudential Financial, Inc., for the expansion and renovation of Westfield Southcenter Mall c. \ Documents and Settings \ All Users \ Desktop \ Kelly\ MSDA T A \ Resolutions \ Amendment to 05-123.doc Ksn 8/30/2007 Page 20f 2 i 20070920001425 CITY OF TUKWIL AMND 45 00 PAGE001 OF 006 09/20/2007 12 33 KING COUNTY, WA Return Address. CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 (206) 433 -1800 1. Document Title(s) First Amendment to T nt- Ac Between ne, c ity a of 'Tukwila, WEA Southcenter LLC and Prnidei5i -i al Financial Tn r- the Expansion and Renovation of Westfield Southcenter Mall.* Parties. Soutl1center LLC, and Prudential Financial T".0 Other Last Name First Name Initials Citv of 'Tukwila Company Name (if business) 6200 Sc itjQQater Rl Wi Address Tukwila WA 98188 --2599 City State Zip Code Assessor's Property Tax Parcel/Account Numbers(s) DevelOPMent Agreement recorded under King County Recording NO 20060621000329 /, / i I Contract # OS-123A . ~ pl/Ob A--fpa; J>>d b'i U i-~ CoV()LI I FIRST AMENDMENT TO DEVELOPMENT AGREEMENT -j2e';:.Clv\-rcy'1# BETWEEN THE CITY OF TUKWILA !~.'f~ , WEA SOUTHCENTER LLC, AND PRUDENTIAL FINANCIAL INC., FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTH CENTER MALL TI--IIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is entered into by and between the CIty of Tukwila, a Washington Non-Charter OptIOnal MUnIcipal Code City (the "City") and WEA Southcenter LLC, a Delaware lllnIted lIability company ("Westfield"), the majonty owner and developer of the Property (defined below) RECITALS A The City, Westfield and PrudentIal Financial Inc. ("Prudential") entered mto that certain Development Agreement (Contract No 05-123) executed by the CIty on December 27 2005, by Westfield on December 13, 2005, and by Prudential on December 23, 2005, and recorded under Kmg County Recording No 20060621000329 (the "Development Agreement"), related to the expansion and renovatIon of the Westfield Southcenter Mall development sIte (the Project"), as depIcted and legally descnbed and in ExhIbit A and Exhibit B. respectively, of the Development Agreement (the "Property") The City, Westfield and PrudentIal entered mto the Development Agreement pursuant to the authority in RCW 36 70B 170 through .210 B Except for a portion owned by Federated Department Stores, Inc the Property IS ovmed by Westfield. Westfield acquired the majonty of the Property from Prudential on September 29, 2006, and is now successor-in-mterest to Prudential under the Development Agreement. C. Pursuant to SectIOn 3.3 of the Development Agreement, Westfield IS vested to the provlSlons of the Tukwlla MU1ucipal Code ("TMC"), excludmg the buildmg and tire codes pursuant to TMC Chapter 16, 1I1 effect on October 6, 2004, the date of the CIty'S Issuance of a final envIronmental m1pact statement for the Project (the "EIS Issuance Date"), except as otherwIse prOVIded in the Development Agreement or by state or federally mandated laws preemptmg the City's authority to vest regulatIOns for the Project. D The CIty and Westfield now desIre to amend the Development Agreement to provide that solely with respect to the Tukwlla SIgn Code, TMC Chapter 19, Westfield IS vested to the proviSIOns in effect on January 1 2007, as opposed to the provISIOns 111 effect on the ElS Issuance Date E. The CIty and Westfield agree that each has entered mto thIS First Amendment knowmgly and voluntanly, and agree to be bound by the terms and conditIOns of tl1lS First Amendment. \ ()~d, F The TuIcwIla CIty Council held a publIc heanng to consIder this FIrst Amendment on August 27,2007 G SEP A review for the entire Project was fully and completely evaluated through an EnvIronmental Impact Statement entItled Westfield Shoppmgtown Southcenter ExpanSIOn dated October 6 2004 prepared pursuant to the State Environmental PolIcy Act, RCW 43 21 C, and no further SEP A reVIew IS reqUIred in COlmectIOn WIth thIS First Amendment. AGREEMENT NOW THEREFORE, Il1 furtherance of the reCItals set forth above, whIch are 1l1cOlvorated herem by reference, the parties hereby agree as follows 1 Vested Rights Section 3 3 of the Development Agreement hereby IS deleted in Its entIrety and replaced WIth the following 3.3 Vested RIQ:hts The prOVIsions of the Tukwila MuniCIpal Code ("TMC"), excludmg bmldmg and fire codes pursuant to TMC Chapter 16 and the sIgn code pursuant to TMC Chapter 19 111 effect on the EIS Issuance Date shall apply to the Project, except as otherwise provided 111 this Agreement or by state or federally mandated laws preemptll1g the CIty'S authonty to vest regulatIOns for the Project. Notwithstandl11g the foregoing, the proviSIOns of the TukwIla SIgn Code (TMC Chapter 19) 111 effect on January I, 2007 shall apply to the Project. In addItIOn, pursuant to RCW 3670B 170(4) (Development Agreements - Authonzed), the City reserves authority to impose new or different officially adopted regulatIOns of general applIcabIlity; but only If, and to the extent required by a senous threat to public health and safety as detennmed by the CIty Council, and only after notIce and an opportumty to be heard has been provided to Westfield. The Project shall not be subject to any development moratona the CIty may adopt subsequent to the date of thIS Agreement unless necessItated by a serious threat to the publIc health, safety and welfare 2. Entire Agreement. TI1IS First Amendment and the Development Agreement constItute the entire agreement between the parties with respect to the subject matter of thiS FIrSt Amendment. 3 Full Force and Effect. Except as specifically set forth herem, the Development Agreement IS and remams in full force and effect and bmdmg on the pmiIes 4 Severability In the event this FIrst Amendment is declared unlawful or unconstItutIOnal for any reason, the underlying Development Agreement shall rema1l1 111 full force and effect and bindll1g on the partIes. \' '1I'I"\\'ESTFJELDlDEVELOI'MENT ,\GR[;E~lENT\l'mST AMEND TO DEVELOPMENT AGIlE[;MENT lIEAG DOC 5 Authority to Execute. The City and Westfield represent and warrant that they have the respectIve power and authority, and are duly authorized to execute, deliver and perf 01111 all of the oblIgatIons of tl1lS First Amendment. 6 Counterparts This First Amendment may be executed 111 counterparts each of whIch shall be deemed an origmal. IN WITNESS WHEREOF, the parties hereby duly execute tl1lS First Amendment as of the date(s) lIsted below ON BEHALF OF THE CITY OF TUKWILA if rl" M 1V\..J!2d ~\\; ~ .' Steve Mullett, Mayor Date of ExecutlOI1 7 /; 1 ;;-1 I I-j ATTEST C) ~/}tjin tc.: G/7L~~<-- .~mrtu, CIty Clerk APPROVED AS TO FORM - ';> ~./" ~3 ~__'.A' /~/~/..:-) F _ . . ~ ~~ CIty Attorney ON BEHALF OF WESTFIELD WEA SOUTH CENTER LLC, a Delaware llI1uted liabihty company By' Westfield America Limited Partnership a Delaware limIted partnershIp, Its sole member By' Westfield U.S. Holdings, LLC, a Delaware limIted liabilIty company, Its general part er By' Name' Its ~ (" ;]()() 7 y \W"\WE5TFIEI~()\IJI,VEl.OI'~'ENT AGREEMENrJ'lIlST AMEND TO DEVEI.orMENT ,\GREE~IENT IlE,\G DOC STATE OF WASHINGTON ) M A j ) 55. COUNTY OF -/ _~t 1--) ". On tnis LL day Ofj,;t:~~,2007' before me, the undersigned, a Notary Public in and for the State ofWashingt n, duly conunissioned and sworn, personally appeared Steve Mullet, to me known to be the person who signed as Mayor of the City of Tukwila, Washington, the municipal corporation that executed the within and foregoing instnlment, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said office or the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. "'-"\\\\\\"" ~,(] ............ ~ E.NNIS "f ." ~')'?-~'-'\Ss';'bi.)II,f'1.'\ all /1,(1{_ . ?:..d~,-1/{.L/I.LI!AJ;:z :3 j(~~~~OT,'l ~+;/f.>.~ -wrAAY PU.BLIC ll1 ~~ for the ; :u' ~..i. 1l~ C. ~ S-ia.1~o Washington, reSldm ~;;: - f'(I::e "" ? J I '4' ./1.J- J ~ (f) -;... ,:f)~ ~at ~ A;,.A.J-f" .A.AI J; ^- --/ _ ' % ~\ :-G", J ~: MX commission expires: J.. 7' - / IJ 'I: '...A'r " Ci L. : - lL1 ,-- ~I ~ "Ii:, ..J () _".;.~,;,Z-Cf~ ~ IV F r::(y.1YJ <; 1 11,,0,0(' IA.\\\\..w:~0"-......:::- [Type or Print Notary Name] '111 vI/48\-1\'-' ............. I \\\\\"",-" First Amendment to Development Agreement between CIty of TukwIla, WEA Southcenter LLC, and PrudentIal FinancIal Inc , for the ExpanSIOn and RenovatIOn of Westfield Southcenter Mall STATE OF CALIFORNIA) ) ss. COUNTY OF LOS ANGELES) On cL.;r 4>, ;lOO 7 before me, Annie M. Zettel, a Notary Public personally appeared R07 A. Ptt~t'r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the wIthin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hIs/her/theIr sIgnature(s) on the instrument the person(s), or the entIty upon behalf of which the person(s) acted, executed the lllstrument. WITNESS my hand and official seal. SIgnature ~ fJ1 ~ (Seal) 1: -, .""'fLdfj,~ ' _ ANNIE M. ZETTEL _ .'" Commission # 1478766 ~ . ~ Notary Public California ~ J Los Angeles County [ J. . .".~, ~y:o~.m. EX~,lre~.~~,_~l }??B~ .' ~ X 'H- 1 a \,... p... ~ot,.)"~ !..e-~~e:~ ~\..ALL 1" t<O~c-1:> E;;,(P1"\.NSJ ~r; \NaSTf',aL.1) I ( '~l L)\ ~ I J ' ,. .., r .r-.1 \. --a ) ~ ~, ~ .c r ~, . c:" "'t ("~' .J ~ t.-- ~ {" ." _ .J l ' ,,,;~~,..~- .;}=.r (" - _ j ~ rt'i "....' ~.rf.l' .- .... :.."~. ~"'.~':r-J t ,_~, '!:;."?'~:i~':i.. ,,~~ ." ~~ ~7i' fr:'-!l>~~ .- J d ~ - . "'-J;_:- ~~1:'~ ..;' . : .:~. !1 ~~~:~ -1-" H .if ~ '::;~~':i~~3.S t; I [1 I - r . f ;' :~J.$1t:- :L' - r~li,.~, - ""':~.i~; 0 - t l ~g,:,~ . I ~11 G , [IIllllll11~mn_-__~ l Illllhn~~ l -= ----' :.J I kA-~ ~5/..vl~ (,J /() ~ :1) (J==i e--~ ... -.. - \ ,f 30 EXHIBIT B LEGAL DESCRIPTION PARCEL 1 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, AND OF THE IN leKURBAN ADDITION TO SEA TILE, ACCORDING TO PLAT RECORDED m VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKV ALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON AND OF THE W.H. GILLIAM DONATION LAND CLAIM"NO. 40, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00012'09" WEST ALONG THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDMSION 406.49 FEET, THENCE SOUTH 89047'51" WEST 30 FEET TO THE WEST MARGrn OF ANDOVER PARK WEST AND THE TRUE POINT OF BEGINNING; THENCE NORm 87025 13 WEST 526.42 FEET, THENCE SOUTH 00019'36" WEST 30.02 FEET, THENCE NORTH 87025' 13" WEST 253.52 FEET, THENCE SOUTH 00019'36" WEST 366.84 FEET TO THE NORTH LINE OF THE soum 4000 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE NORm 89040'24" WEST ALONG SAID NORTH LINE 179.20 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 00019'36" EAST FROM A POINT ON THE SOUTH LINE OF SAID SECTION 23, WInCH IS 341 40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE SOUTH 00019'36" WEST 14.00 FEET, THENCE NORTH 89040'24" WEST 10.50 FEET, THENCE SOUTH 00019'36" WEST 36.83 .t'~~l, THENCE NORTH 89040'24" WEST 7.90 FEET, THENCE SOUTH 00019'36" WEST 42.17 FEET, THENCE NORm 89040'24" WEST 72.00 FEET, THENCE SOUTH 00019'36' WEST 96.00 FEET, THENCE NORm 89040'24" WEST 226.00 FEET, THENCE NORTH 00019'36" EAST 138.17 FEET, THENCE NORTH 89040'24" WEST 79.90 FEET, THENCE NORTH 00019'36" EAST 10.83 FEET TO THE WESTERLY EXTENSION OF THE sOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE NORm 89040'24" WEST ALONG SAID EXTENSION 10.50 FEET, THENCE NORTH 00019'36' EAST 40.00 FEET, THENCE NORTH 89040'24" WEST 151.60 FEET, THENCE NORTH 00019'36" EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION OF THE SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO 555, CITY OF TUKWILA. AND AS RECORDED UNDER RECORDING NO 6516239, TN KING COUNTY, WASHINGTON, SAID NORTHEAST CORNER ALSO BEING A POINT ON A 56579 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH wmCH A RADIAL LINE BEARS SOUTH 04034'32" EAST, THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEIT OF A 339.07 FOOT RADIUS; THENCE SOUTHWESTERLY ALONG SAID CURVE 37 76 FEET TO THE MOST NORTHERLY POINT OF A TRACT OF LAND CONVl;:YED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO 6516243, IN KING COUNTY, WASHINGTON; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND SOUTHEASTERLY MARGIN iH2.17 FEET, TIIENCE SOUTH 89039'00" WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO THE EASTERLY MARGIN OF SAID sbUTHCENTER PARKWAY (FORMERLY 57TH A VENUE SOUTH) AS DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO 5735981, THENCE SOUTH 00021 '00" EAST ALONG SAID EAST MARGIN 438.12 FEET TO AN ANGLE POINT THEREIN, THENCE SOUTH 00023'45" EAST ALONG SAID EAST MARGIN 63344 FEET TO THE 31 NORTHERLY LINE OF STATE IllGHWAYRIGHTOF WAY, THENCE NORTH 89052'42" EAST ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY LINE OF SAID STATE mGHW A Y RIGHT OF WAY, THENCE SOUTH 00007' 18" EAST ALONG SAID EASTERLY LINE 134.50 FEET TO THE SOUTHEASTERLY LINE OF SAID RIGHT OF WAY, THENCE SOUTH 43025'OS" WEST ALONG SAID SOUTHEASTERLY LINE 6 74 FEET TO 1.t1..t. AFORESAID EAST MARGIN OF SOUTHCENTERPARKWAY, THENCE SOUTH 00023'45" EAST ALONG SAID EAST MARGIN 471 45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 77 70 FEET TO A POINT OF TANGENCY ON THE NORTH LINE OF STRANDERBOULEV ARD (FORMERLY SOUTH 164TH STREET), AS DEEDED TO aw CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUmCENTER CORPORATION ON FEBRUARY 14, 1963, THENCE SOUTH 89026'22" EAST ALONG SAID NORTHLINE588.31.1'~I:H, THENCE SOUTH 89030'56" EAST ALONG SAID NORTII LINE 1255.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS; THENCE ALONG SAID CURVE 79 14 FEET TO THE WEST LINE OF ANDOVER PARK WEST, AS DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON NOVEMBER 1,1962; THENCE NORTH 00012'09" WEST ALONG SAID WEST LINE 1652.93 FEET TO TRUE POINT OF BEGrnNING. PARCEL 2: THAT PORTION OF THE SOurHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSIllP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, AND OF THE IN l~K.URBAN ADDmON TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON; AND OF BROOKV ALE GARDEN TRACTS, ACCORDING TO PEAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON, AND OF THE W.H. Gll..LIAM DONATION LAND CLAIM NO 40, DESCRIBED AS FOLLOWS COMMENClNG AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE NORTH 89040'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTIILINETHEREOF217.00 .1'~hl, TIlENCENORTHOooI9'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89040'24" EAST 151 60 FEET, THENCE NORTH 00019'36" EAST 182.00 FEET, THENCE SOUTH 89040'24" EAST 406.80 FEET, THENCE SOUTH 0001936 WEST 182.00 FEET, TIIENCE SOUTH 89040'24" EAST 179.20 FEET, THENCE NORTH 00019'36" EAST 366.84 FEET, THENCE SOUTH 87025'13" EAST 253.52 FEET, THENCE NORTH 00019'36" EAST 208.77 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 45 FOOT RADIUS; THENCE ALONG SAID CURVE 45.96 FEET TO A POINT OF COMPOUND CURVE, THENCE ALONG A CURVE TO TIlE RIGHT OF A 122.35 FOOT RADIUS 63.68 FEET TO THE SOUTHERLY MARGIN OF TUKWILA PARKWAY AS DEEDED TO THE CITY OF TIJKWILA AND RECORDED UNDER RECORDING NO. 5735981, IN KING COUNTY, WASHINGTON, THENCE SOUTH 88040'00" WEST ALONG SAID SOUTHERLY MARGIN 76.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 1472.39 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 423.38 FEET, THENCE NORTH 74051 '30" WEST ALONG SAID SOUTHERLY MARGIN 407.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT OF 552.62 FOOT RADIUS; THENCE ALONG SAID CURVE AND SOUTHERLY MARGIN 185.63 FEET TO A POINT FROM WHICH TIlE TRUE POINT OF BEGINNING BEARS SOUTH 00019'36" WEST, THENCE SOUTH 00019'36" WEST 788.90 FEET TO THE TRUE POINT OF BEGrnNING; EXCEPT THE soum 110.00 FEET OF THE WEST 151 60 FEET THEREOF, ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEEDS RECORDED UNDER RECORDING NOS. 8603140908, 8603140909 AND 8603140910. 2 32 PARCEL 3. THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSIITP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, AND OF THE INTERURBAN ADDITION TO SEATILE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT P AGE(S) 55, IN KrnG COUNTY, WASHINGTON, AND OF BROOKV ALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON, AND OF THE WIT GILLIAM DONATION LAND CLAIM NO. 40, DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE SOUTH 89040'24" EAST ALONG THE SOUTHERLY LINE OF SAID SOUTHWESTQUARTER34140 1'.1::'..1::'.1; THENCE NORTH 00019'36" EAST 10775 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 00019'36" EAST 114.25 FEET, THENCE NORm 89040'24" WEST 406.80 FEET. THENCE SOUTH 00019'36" WEST 114.25 FEET, THENCE SOUTH 89040'24" EAST 90.40 FEET, THENCE.NORTH 00019'36" EAST 2742 FEET, THENCE SOUTH 89040'24" EAST 226.00 l' .t.l::'.l, THENCE SOUTH 00019'36" WEST 27 42 FEET, THENCE SOUTH 89040'24" EAST 90 40 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4_ THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNlY, WASHINGTON, DESCRIBED AS FOLLOWS. cOMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 23, THENCE NORTH 89040'24" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER 65401'.1::'..1:.1, THENCE NORTH 00019'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00019'36" EAST 110.00 FEET, THENCE NORTH 89040'24" WEST 151.60 FEET, THENCE SOUTH 00019'36" WEST 110.00 FEET, THENCE SOUTH 89040'24" EAST 151.60 FEET TO THE TRUE POINT OF BEGINNING. 3 33