HomeMy WebLinkAbout94-063 - McLeod Development Company - Burlington and Union Pacific Railroadduct,' 'rziA
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REAL ESTATE PURCHASE AND SALE AGREEMENT
This Agreement is made by and between Stuart McLeod, an individual ("Seller") and the
City of Tukwila, Washington, an optional municipal code city and municipal corporation of the
state of Washington ("Buyer") for purchase and sale of that certain real property situated in King
County, Washington and described on Exhibit A and all rights appurtenant thereto, subject to those
certain reservations described herein (the "Property").
1. Purchase Price; Payment. The total purchase price for the Property is One Million
Four Hundred Twenty Eight Thousand Seven Hundred Sixty Eight Dollars (US$1,428,768) which
_amount shall be paid in cash upon closing.
2. Closing.
2.1 Time for Closing; Termination Date. This sale shall be closed in the
office of Transnation Title Insurance Company in Seattle, Washington ("Closing Agent") on or
before March 19, 1998 which shall be the termination date or later if mutually agreed by the parties.
Buyer and Seller shall deposit in escrow with Closing Agent all instruments, documents and
monies necessary to complete the sale in accordance with this Agreement. As used herein,
"closing" or "date of closing" means the date on which all appropriate documents are recorded and
proceeds of sale are available for disbursement to Seller. Funds held in reserve accounts pursuant
to escrow instructions shall be deemed, for purposes of this definition, to be available for
disbursement to Seller.
2.2 Prorations; Closing Costs. Taxes and assessments for the current year,
rents, interest, prepaid premiums for insurance to be assigned to Buyer, if any, and utilities con-
stituting liens shall be prorated as of the date of closing and that portion of such costs owing prior to
the date of closing shall be paid by Seller. Buyer shall pay the premium for the title insurance
policy in the amount allocable to standard coverage, the cost of conveyance tax stamps, assumption
fees and charges, the costs of recording, if any, and the Closing Agent's escrow fee.
2.3 Possession. Buyer shall be entitled to possession upon closing.
3. Conveyance of Title.
3.1 General. On closing, Seller shall execute and deliver to Buyer a statutory
warranty deed conveying and warranting good and marketable title to the Property, subject to the
reservations set forth herein, subject to any prior encumbrance (including the rights of the vendor
under any prior real estate contract) that Buyer is to assume or take subject to, the lien of real estate
taxes and assessments for the current calendar year not yet due and payable, those defects or
encumbrances identified on Exhibit B or in the following sentence (the "Permitted Exceptions"),
and other encumbrances or defects approved by Buyer. Rights reserved in federal patents or state
deeds; building or use restrictions general to the district; existing easements not inconsistent with
the present use of the property; mineral, gas or oil reservations; and building, zoning, environ-
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mental or historical preservation regulations will be permitted encumbrances or defects,not subject
to disapproval by Buyer. Items of personal property, if any, will be conveyed by a bill of sale.
3.2 Reservation of Highway Marquee Easement. Seller shall reserve from its
conveyance of the Property an easement upon a portion of the Property more fully described on
Exhibit C hereto (the "Reserved Marquee Easement Area") to construct, operate, maintain, modify,
improve and reconstruct an illuminated marquee -type sign, including the foundation thereof,
together with all rights upon the Property within and outside of the Reserved Marquee Easement
Area necessary or convenient for the construction of such highway marquee; all necessary or con-
venient rights of access for utilities within a corridor or corridors each not exceeding twenty (20)
feet in width; and all necessary or convenient rights of access for personnel and equipment to per-
form construction, operation, maintenance, modification, improvement and reconstruction activities
within a corridor or corridors each not exceeding twenty (20) feet in width. Grantor shall exercise
all rights hereby reserved upon that portion of the Property outside the Reserved Marquee Easement
Area in a manner that reduces, to the extent reasonable practicable, the interference with Grantee's
permitted use of such area. Such reserved rights shall include all rights necessary for the Reserved
Marquee Easement Area to be considered the same "premises" within the meaning of Tukwila
Municipal Code Section 19.08.140 (the "Code") as Seller's Adjacent Property (as hereinafter
defined) so that any sign constructed within the Reserve Marquee Easement Area relating to
facilities constructed on Seller's Adjacent Property shall be considered an "on premises sign"
within the meaning of the Code. Buyer hereby agrees that the Reserved Marquee Easement Area
and Seller's Adjacent Property do constitute the same "premises" within the meaning of such Code
Section and the marquee -type sign use described above does not constitute a non -conforming use of
such Area under the Code. "Seller's Adjacent Property" means that real property Seller also owns
property adjacent to the Property, more fully described on Exhibit D hereto.
3.3 Agreement for Road Access to Seller's Adjacent Property. Buyer hereby
agrees that it will take all reasonable action necessary, consistent with the appropriate exercise of its
regulatory powers, to provide direct access to Seller's Adjacent Property from the street (South
156`h St.) Buyer intends to construct on a portion of the Property.
3.4 Reserved Easements and Covenants Run with the Land. The easements
hereby reserved from Seller's conveyance of the Property to Buyer shall be appurtenant to Seller's
Adjacent Property and shall run with the land. The statutory warranty deed conveying the Property
shall expressly set forth such reservations.
4. Title Insurance. As soon as reasonably possible after the date of this Agreement,
Buyer will procure a preliminary commitment for title insurance with standard coverage issued by
Transnation Title Insurance Company, with copies of all exceptions set forth therein. If Seller
cannot remove any such exception that is not a Permitted Exception by the termination date or if
removal would require payment of more than the cash proceeds available to Seller from this sale at
closing, this Agreement shall terminate and be of no further force or effect, and the Deposit shall be
refunded to Buyer; provided, however, that Buyer may elect to waive such disapproved excep-
tion(s), which shall thereupon become Permitted Exceptions, and close on the remaining terms.
Encumbrances to be discharged by Seller may be paid out of the purchase price at closing. As soon
as available after closing, Buyer may procure a policy of title insurance pursuant to the preliminary
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commitment, dated as of the closing date and insuring Buyer in the amount of the purchase price
against loss or damage by reason of defect in Buyer's title to the Property subject only to the printed
exclusions and general exceptions appearing in the policy form; any Permitted Exceptions; the
exceptions specified in the preliminary title report that Buyer has not disapproved of as provided
herein; encumbrances in favor of Seller granted by Buyer to secure any portion of the purchase
price; and real property taxes and assessments that are not delinquent.
5. Seller's Representations and Warranties. Seller represents and warrants to Buyer
as of the date of closing that:
5.1 Seller, and the person signing on behalf of Seller, has full power and
authority to execute this Agreement and perform Seller's obligations hereunder; and
possession.
5.2 The Property is not subject to any leases, tenancies or rights of persons in
6. Buyer's Authority. Buyer represents and warrants to Seller that at the date of
execution hereof and at the date of closing Buyer, and the person signing on behalf of Buyer, has
full power and authority to execute this Agreement and to perform Buyer's obligations hereunder,
and all necessary corporate action and to authorize this transaction has been taken.
7. Notices. All notices, waivers, elections, approvals and demands required or
permitted to be given hereunder shall be in writing and shall be personally delivered or sent by
United States certified mail, return receipt requested, to the addressee's mailing address set forth
below. Either party hereto may, by proper notice to the other designate any other address for the
giving of notice. Any notice shall be effective when personally delivered or, if mailed as provided
herein, on the earlier of actual receipt or three (3) days after the date deposited in the mail.
8. General. Time is of the essence of this Agreement. This is the entire agreement of
Buyer and Seller with respect to the matters covered hereby and supersedes all prior agreements
between them, written or oral. This Agreement may be modified only in writing, signed by Buyer
and Seller. Except as otherwise provided herein, any waivers hereunder must be in writing. No
waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such
right or remedy in the event of any subsequent default. This Agreement shall be govemed by the
laws of the state of Washington. This Agreement is for the benefit only of the parties hereto and
shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of
the parties hereto. The invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof. In any suit, action or appeal there-
from, to enforce this Agreement or any term or provision hereof, or to interpret this Agreement, the
prevailing party shall be entitled to recover its costs incurred therein, including reasonable attor-
neys' fees.
9. Commissions. Buyer represents and warrants to Seller that it has engaged no broker
in connection with the negotiations leading to this Agreement, and Buyer shall indemnify Seller
against and hold Seller harmless from any and all loss, damage, liability, cost or expense, including
F:\docs\29220\1\McLeodREPSA 3
attorneys' fees, suffered or incurred by Seller arising out of or relating to any claim for real estate
commission made by any real estate agent or broker engaged by Buyer.
10. Disclaimer. Seller has no actual knowledge of any defect in the Property. Seller
makes no representations or warranties and shall not in any way be liable for or with respect to:
(i) the condition of the property or any buildings, structures or improvements thereon or the suit-
ability of the property for habitation or for buyer's intended use or for any use whatsoever; (ii) any
applicable building, zoning or fire laws or regulations, or with respect to compliance therewith, or
with respect to the existence of or compliance with any required permits, if any, of any govern-
mental agency; (iii) the availability or existence of any water, sewer or utility rights; (iv) the avail-
ability of water, sewer or other utilities; or (v) any water, sewer or other utility district. Buyer
assumes the responsibility and risks of all defects and conditions, including such defects and
conditions, if any, that cannot be observed by casual inspection. Buyer acknowledges that buyer
will have the opportunity to inspect the property and will be relying entirely thereon and on any
consultant buyer may retain. Buyer acknowledges that the property does not include any rights of
access including, without limitation, any such rights from or across seller's adjacent property.
11. Exhibits. Exhibits A through D attached hereto are incorporated herein as if fully
set forth.
Signed in duplicate original this ) r day of hl t� _C ,;� , 1998.
CITY OF TUKWILA ("BUYER"):
By: Ii:,v (Ad). 6r
Its:
Address: 6 ; Qc C�
STUART MCLEOD ("SELLER"):
Address: 213 Lake 'treet South
Kirkland, Washington 98033
F:\docs\29220\ t \McLeodREPSA 4
EXHIBITS
A Legal Description of the Property
B Permitted Exceptions
C Legal Description of the Reserved Marquee Easement Area
D Legal Description of the Seller's Adjacent Property
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ) a4Lday of March, 1998, before me, a Notary Public in and for the State of
Washington, personally appeared J& h r� i ' , (�;, J , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this instru-
ment, on oath stated that HE_ was authorized to execute the instrument, and acknowledged it
as the r \ of the City of Tukwila to be the free and voluntary act and deed
of said City foi'the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereur}to set my hand and official seal the day and year
first above written. 1 j
KA
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STATE OF WASHINGTON
COUNTY OF KING
On this 1 c.day of March, 1998, before me, a Notary Public in and for the State of
Washington, personally appeared Stuart McLeod, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person who executed this instrument and
acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in
the instrument.
) ss.
J `
CCt.t- (L. 11:0
ARY PUBLIC ' and for the S to of
• Washington, residingat Ke t L(' F
My appointment expires . _ 5 - CO
Print Name Lfi-,[�.�`. ��Uy \��� g (;rc
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
1CAY
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�G'` ttLct: 111Lw anL G
N • TARY PU LIC 1 d for the"'
Washington, residin
tate of
at Kett4- u
My appointment expires 3- 5 -' E C%
Print Name LIKa
5
EXHIBIT A
Legal Description of the Property
THAT PORTION OF THE HEREIN DESCRIBED MAIN TRACT LYING NORTHERLY OF
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID MAIN TRACT; THENCE
NORTH 03°37'43" EAST ALONG THE WEST LINE OF SAID MAIN TRACT, ALSO
KNOWN AS THE EAST LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY RIGHT-OF-WAY 372.76 FEET TO THE POINT OF BEGINNING FOR SAID
LINE;
THENCE NORTH 43'22'34" EAST 318.60 FEET MORE OR LESS TO THE WEST LINE OF
THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY, AND THE TERMINUS OF SAID
LINE.
MAIN TRACT
LEGAL DESCRIPTION:
THAT PORTION OF GOVERNMENT LOT 8 IN SECTION 24, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., AND THE HENRY MEADER D.C. NO. 46 IN SAID SECTION 24,
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY RIGHT-OF-WAY 137 FEET SOUTH OF THE NORTH LINE OF SAID HENRY
MEADER D.C. NO. 46;
THENCE EASTERLY AND PARALLEL TO SAID NORTH LINE OF THE D.C. 285.54
FEET, MORE OR LESS, TO THE WEST LINE OF THE NORTHERN PACIFIC RAILWAY
RIGHT-OF-WAY;
THENCE NORTHERLY AND NORTHWESTERLY CURVING TO THE LEFT ALONG
SAID WEST LINE OF THE RIGHT-OF-WAY 916 FEET, MORE OR LESS, TO THE
SOUTHERLY LINE OF THE RENTON JUNCTION COUNTY ROAD NO. 1139 (SOUTH
153RD STREET);
THENCE SOUTH 80°49'00" WEST ALONG SAID SOUTHERLY LINE OF COUNTY ROAD
80.7 FEET. MORE OR LESS, TO THE EASTERLY LINE OF SAID CHICAGO,
MILWAUKEE AND ST. PAUL RAILWAY RIGHT-OF-WAY;
THENCE SOUTHERLY ALONG SAID LINE OF RIGHT-OF-WAY 881 FEET, MORE OR
LESS, TO THE BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED SOUTH 153RD STREET ADJOINING,
WHICH UPON VACATION ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
EXCEPT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR
PRIMARY STATE HIGHWAY NO. 1, JCT. SSH 2-M TO JCT. PSH NO. 2 IN RENTON, BY
DEED RECORDED UNDER. RECORDING NO. 5507460;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON.
F:Wocs\29220\ I \McLcodREPSA
EXHIBIT B
Permitted Exceptions
The following EXCEPTIONS listed on that certain subdivision guarantee issued by
TRANSNATION TITLE INSURANCE COMPANY and dated February 5, 1998:
1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16
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EXHIBIT C
Legal Description — Reserved Marquee Easement Area
THAT PORTION OF THE IORFI 4 DESCRIBED MAIN TRACT BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID MAIN TRACT;
THENCE NORTH 03'37'43" EAST ALONG THE WEST LINE OF SAID MAIN TRACT,
ALSO KNOWN AS THE EAST LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY RIGHT-OF-WAY 477.70 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF
3,773.49 FEET THROUGH A CENTRAL ANGLE OF 02844'10" AN ARC LENGTH OF
180.19 FEET;
THENCE NORTH 16.01'53" EAST 181.60 FEET TO THE TRUE POINT OF BEGINNING
FOR SAID EASEMENT;
THENCE NORTH 10'36'1S" WEST 37.00 FEET;
THENCE NORTH.66'23'08" EAST 8.00 FEET;
THENCE SOUTH 36'17'30" EAST 37.00 FEET;
THENCE SOUTH 667.3'08" WEST 24.24 FEET TO THE TRUE POINT OF BEGINNING.
-MAIN TRACT
LEGAL DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 8 N SECTION 24, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., AND THE HENRY MEADER D.C. NO. 46 IN SAID SECTION 24,
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY RIGHT-OF-WAY 137 FEET SOUTH OF THE NORTH LINE OF SAID HENRY
MEADER D.C. NO. 46;
THENCE EASTERLY AND PARALLEL TO SAID NORTH LINE OF THE D.C. 285.54
FEET, MORE OR LESS, TO THE WEST I.TNE OF THE NORTHERN PACIFIC RAILWAY
RIGHT -0F -WAY;
THENCE NORTHERLY AND NORTHWESTERLY CURVING TO THE LEFT ALONG
SAID WEST LINE OF. THE RIGHT-OF-WAY 916 FEET, MORE OR LESS, TO THE
SOUTHERLY LINE OF THE RENTON JUNCTION COUNTY ROAD NO. 1139 (SOUTH
153RD STREET);
THENCE SOUTH 80'49'00" WEST ALONG SAID SOUTHERLY LINE OF COUNTY ROAD
80.7 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID CHICAGO
MILWAUKEE AND ST. PAUL RAILWAY RIGHT-OF-WAY;
THENCE SOUTHERLY ALONG SAID LINE OF RIGHT-OF-WAY 881 FEET, MORE OR
LESS, TO THE BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED SOUTH 153RD STREET ADJOINING,
WHICH UPON VACATION ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
EXCEPT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR
PRIMARY STATE HIGHWAY NO. 1, JCS'. SSH 2-M TO JCT. PSH NO. 2 IN RENTON. BY
DEED RECORDED UNDER RECORDING NO. 5507460;
SITUATE N THE CITY OF TUK ' A COUNTY OF KING, STATE OF WASHINGTON.
F:ldocs\29220111McLeodREPSA
•
•
•
•
EXHIBIT D
Legal Description — Seller's Adjacent Property
THAT PORTION OF THE HEREIN DESCRIBED MAN TRACT LYING SOUTHERLY OF
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID MAIN TRACT;
THENCE NORTH 03.37'43" EAST ALONG THE WEST LINE OF SAID MAIN TRACT,
ALSO KNOWN AS THE EAST LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY RIGHT-OF-WAY 372.76 FEET TO THE POINT OF BEGINNING FOR SAID
LINE;
THENCE NORTH 43°22'34" EAST 318.60 FEET MORE. OR T.FSS TO THF. WEST LINE OF
THE NORTHERN PACIFIC RAILWAY RIGHT-OF-WAY, AND THE TERMINUS OF SAID
LINE.
MAIN TRACT
LEGAL DESCRIPTION:
THAT PORTION OF GOVERNMENT LOT 8 IN SECTION 24, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., AND THE HENRY MEADER D.C. NO. 46 IN SAID SECTION 24,
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY RIGHT-OF-WAY 137 FEET SOUTH OF THE NORTH LINE OF SAID HENRY
MEADER D.C. NO. 46;
THENCE EASTERLY AND PARALLEL TO SAID NORTH LINE OF THE D.C. 285.54
FEET, MORE OR LESS, TO THE WEST LINE OF THE NORTHERN PACIFIC RAILWAY
RIGHT-OF-WAY;
THENCE NORTHERLY AND NORTHWESTERLY CURVING TO THE LEFT ALONG
SAID WEST LINE OF THE RIGHT-OF-WAY 916 FEET, MORE OR LESS, TO THE
SOUTHERLY LINE OF THE RENTON JUNCTION COUNTY ROAD NO. 1139 (SMITH
153RD STREET);
THENCE SOUTH 80°49'00" WEST ALONG SAID SOUTHERLY LINE OF COUNTY ROAD
80.7 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID CHICAGO,
MILWAUKEE AND ST. PAUL RAILWAY RIGHT-OF-WAY;
THENCE SOUTHERLY ALONG SAID LINE OF RIGHT-OF-WAY 881 FEET, MORE OR
LESS, TO THE BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED SOUTH 153RD STREET ADJOINING,
WHICH UPON VACATION ATTACHED TO SAID PROPERTY BY OPERATION OF LAW;
EXCEPT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR
PRIMARY STATE HIGHWAY NO. 1, ICT. SSH 2-M TO JCT. PSH NO. 2 IN RENTON, BY
DEED RECORDED UNDER RECORDIN3 NO. 5507460;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
F:.docs\29220\ 1'.McLeodREPSA
ZI 1.'19 t3
EXHIBIT D
Legal Description — Seller's Adjacent Property
PARCEL A:
THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46,
SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY
AS RECORDED UNDER RECORDING NO. 453943, EAST OF THE UNION
PACIFIC RAILROAD RIGHT -OF --WAY AS RECORDED UNDER RECORDING
NOS. 453943, 661132 AND 8012300734, AND SOUTH OF A LINE 137
FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH
OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT-OF-WAY, AS
CONVEYED BY RECORDING NO. 4131067;
TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM
NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY
STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY
ENGINEERING STATION 2M 149+25.97 POINT OF TANGENCY "Y" 0+00;
THENCE NORTH 87°07'32" EAST ALONG SAID "Y" LINE 418.74 FEET
TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER
& LIGHT RIGHT-OF-WAY, AS CONVEYED BY DEED RECORDED UNDER
RECORDING NO. 216890;
THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY MARGIN TO A
POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE
EASTERLY PRODUCED LINE OF THE ABOVE-DESCRIBED "Y";
THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF
PUGET SOUND POWER & LIGHT RIGHT-OF-WAY TO THE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO
WESTERLY MARGIN OF SAID ABOVE MENTIONED UNION PACIFIC
RAILROAD RIGHT-OF-WAY;
THENCE NORTH 03°40'04" EAST ALONG THE WESTERLY RIGHT-OF-WAY
MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF
TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81-36 SPE RECORDING NO.
8111090569;
THENCE SOUTH 87°13'29" WEST 127.45 FEET;
THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
PARCEL B:
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION CF
HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE
NORTHWEST 1/4 AND THAT PORTION CF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH,
RANGE 4 EAST W.M., BOUNDED AS FOLLOWS:
ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN
TRACK CENTERLINE AS LOCATED AND CONSTRUCTED, AS CONVEYED BY
DEED RECORDED UNDER RECORDING NOS. 453941 AND 453943;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET
WESTERLY MEASURED AT RIGHT ANGLES TC EURLINGTON NORTHERN
RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW
LOCATED AND CONSTRUCTED;
Page 2
EXHIBIT D
Legal Description — Seller's Adjacent Property
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330
FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID
GOVERNMENT LOT 11;
ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30
FOOT WIDE BOW LAKE PIPELINE RIGHT-OF-WAY, AS CONVEYED TO THE
CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO.
4131067;
EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM
AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD RIGHT-OF-WAY;
THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE
OF SAID DONATION CLAIM;
THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH
LINE A DISTANCE OF 80 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID
EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD RIGHT-OF-WAY;
THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT-OF-WAY TO THE
POINT OF BEGINNING;
EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND
MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING
COUNTY RECORDING NO. 8404050908 AND 8404050909;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
Page 3
0
City of Tukwila
6300 Southcenter Blvd, #100
Tukwila, Washington 98188
Document Title(s) (or transactions contained therein):
1. Statutory Warranty Deed
2.
3.
4.
C 7 3qCo j 87 el.
F ,
Reference Number(s) of Documents assigned or released:
(on Page of documents(s))
C
fM
taD Grantor(s)
'1
t 7 1. Stuart McLeod
2.
3.
4.
5. Additional names on page of document.
Grantees(s)
• 1. City of Tukwila, an optional municipal code city and municipal corporation
2.
3.
4.
5. Additional names on page of document
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Lot 1 of City of Tukwila Short Plat No. L98-0007
Additional legal is on page 3 of document
Assessor's Property Tax Parcel/Account Number
242304-9034-02
Additional parcels are on page of document
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
Washington State County Auditor/Recorder's
Indexing Form (Cover Sheet)
or
yr
op
ql
Ca
00
Name
6300 Southcenter Blvd #100
Address
Tukwila, Washington 98188
City, State, Zip
City of Tukwila, a municipal corporation
Assessor's Tax Parcel ID# Acct #242304-9034-02
Transnation
STATUTORY WARRANTY DEED
THE GRANTOR Stuart McLeod, as his separate estate, for and in
consideration of TEN AND NO/100 DOLLARS AND OTHER VALUABLE
CONSIDERATION, in hand paid, conveys and warrants to City of Tukwila,
an optional municipal code city and municipal corporation, the following
described real estate, situated in the County of King, State of
Washington:
See Legal Description attached hereto and marked Exhibit "A".
SUBJECT TO:
as attached hereto on Exhibit "B" and by this reference made a part
hereof
Dated: March 10, 199
Stuart i cLe►d
STATE OF WASHINGTON
} ss.
COUNTY OF
On this day personally appeared before me Stuart McLeod to me
known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his
free and voluntary act and deed, for the uses and purposes therein
mentioned. /
GIVEN under my hand and official seal this jday of 4,0,64 , 19 9�.
gun ,,,,, ii. uisiy
�..oin iqq Notary public ' an for the State of Washington,
�� •� residing at Q
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,�e�` O:S*aµ i*** qJ-#•. My appointment expires: -)Z-q$
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TRANSNATION TITLE INSURANCE COMPANY
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EXHIBIT "A"
Lot 1 of City of Tukwila Short Plat No. L98-0007, according to the
short plat recorded under King County Recording No. 9803129013
Situate in the City of Tukwila, County of King, State of Washington.
Any unpaid assessments or
assessments or charges by
EASEMENT AND THE TERMS AND
PURPOSE:
AREA AFFECTED:
RECORDING NO.:
EASEMENT AND THE TERMS AND
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDING NO.:
EASEMENT AND THE TERMS
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDING NO.:
AND
EXHIBIT "B"
charges, and liability for further
Drainage District No. 10.
CONDITIONS THEREOF:
Laying water pipe through Lots 10
and 8 in said Section 24, with
the right of entry for purposes
of inspecting and repairing the
pipes
The description contained therein
is not sufficient to determine
its exact location within the
property herein described
337825
CONDITIONS THEREOF:
Puget Sound Power & Light
Company, a Washington corporation
Electric transmission and
distribution line
The center line of which is
described as follows: Beginning
on the West line of the Northern
Pacific Railway Company's Belt
Line right-of-way, said point
being approximately 550 feet West
and 750 feet North of the
Sotheast corner of said
Government Lot 8; Thence South 46
degrees 50 minutes 30 seconds
West 970 feet, more or less, to
the Easterly margin of Puget
Sound Electric right-of-way
3204316
CONDITIONS THEREOF:
City of Tukwila
Drain pipe, ditch and associated
improvements
Easterly portion of Parcel C as
described therein
9404131436
Right to make necessary slopes for cuts or fills upon property
herein described as granted to King County by deed recorded
under Recording No. 2919485.
Relinquishment of access to State Highway No. 1, and of light,
view and air by deed to State of Washington recorded November
16, 1962 under Recording No. 5507460.
Agreement imposed by instrument recorded on January 3, 1990,
under Recording No. 9010310530.
Covenants; conditions and restrictions regarding easement and
parking on Boeing property to the east imposed by instrument
recorded on January 23, 1996, under Recording No. 9601231152.
AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED:
RECORDING NO.:
REGARDING:
December 11, 1991
9112110767
Latecomers Agreement
AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED:
RECORDING NO.:
REGARDING:
April 13, 1994
9404131437
Developer's Agreement
Any questions that may arise relative to the location of the
Chicago, Milwaukee and St. Paul Roadway on the West, and the
Burlington Northern Railroad Company's old main line track on
the East referenced in the captioned legal description.
ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, OR
OTHER SERVITUDES, if any, disclosed by City of Tukwila Short Plat
No. L98-0007, recorded under King County Recording No. 9803129013
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED
DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN
SCHEDULE A.
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ADDENDUM NO. 2
TO MCLEOD DEVELOPER'S AGREEMENT
CITY CONTRACT NO. 94-063
WHEREAS, the City of Tukwila entered into agreement No. 94-063 with the
McLeod Development Company on March 28, 1994 for the purpose of setting forth the
conditions and terms pertaining to the construction of an exhibition center on property
located in the City of Tukwila; and
WHEREAS, agreement No. 94-063 was subsequently amended by Addendum
No. 1 which was entered into on March 4, 1996 in order to reflect additional
considerations relative to the designation of the exhibition center site as a Limited City
Enterprise Development Zone and provide further clarification to the terms of the original
agreement; and
WHEREAS, the McLeod Development Company was required by agreement No.
94-063 and Addendum No. 1 to construct drainage improvements on the exhibition center
site as specified in Section 2.4 of Addendum No. 1 which will provide benefits to the
entire drainage basin in the surrounding vicinity; and
WHEREAS, Section 4. of agreement No. 94-063 would nullify the City's
obligations to repay McLeod Development Company for the construction of the drainage
improvements referenced above in the event that McLeod Development Company did not
carry forth its plans to construct an exhibition center as originally intended or abandoned
development of the site; and
WHEREAS, the City Council does hereby find that the reimbursement of costs to
the McLeod Development Company for the construction of these drainage improvements
is warranted due to the benefit to public welfare and the overall benefit to all properties in
the drainage basin, in any event, regardless of the extent of the development at the
exhibition center site;
NOW, THEREFORE, in consideration of the mutual benefits and conditions
contained herein, this ADDENDUM, by and between the City of Tukwila, a municipal
corporation of the State of Washington, hereinafter referred to as "City", and McLe�ad .
Development Company, hereinafter referred to as "Owner", entered into this / 9�1�
day of / _, , , , 1997, is as follows:
Section 1. Repealer:
Section 4. Entire Agreement, as contained in Addendum No. 1 to City of Tukwila
Agreement No. 94-063, is hereby repealed in its entirety.
Section 2. New Section:
The following new section shall be inserted in City of Tukwila Agreement No. 94-063 as
numbered and written below:
9. FINANCIAL OBLIGATIONS UPON TERMINATION
In the event that this Agreement is terminated because the Owner does not
develop the site as an exhibition center or the Owner abandons the development
2
entirely, as referenced in Section 4., the Owner shall be entitled to reimbursement
for the design and construction of drainage improvements specified in Section
2.4; provided that such design and construction is completed in accordance with
the terms and conditions of Section 2.4. Reimbursement shall be based on actual
costs and shall be limited to a total cost of $300,000.
Section 3. Entire Agreement:
This Addendum, together with Addendum No. 1, are hereby incorporated in City
Agreement No. 94-063, and together they shall represent the entire agreement and any
modifications, revisions, additions, or deletions not contained in the incorporated form
shall be null and void.
CITY OF TUKWILA:
ATTEST/AUTHENTICATED:
&44-ete 7
?7
e E. Cantu, City Clerk
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
OWNER:
By
Stuart McLeod, ' ryg ent
McLeod Develop ent Company
3
STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that there appeared before me persons that I know or have satisfactory
evidence were JOHN W. RANTS and JANE CANTU, who signed this ADDENDUM No.
2, on oath stated that they are authorized to execute the instrument and acknowledged it as
the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
DATED:/, 199'
l�Gf1 otary Public in and for the State of Washington, residing at.
My C ission Expires 511 fro .
Nevieh.t it. 1(.o�Y%otiRy �' tl/7/21 cr d1 �Z
4
STATE OF
COUNTY OF
ss
I certify that there appeared before me a person that I know or have
satisfactory evidence was STUART MCLEOD, who signed this ADDENDUM No. 2, on
oath stated that they are authorized to execute the instrument and acknowledged it, as the
President of McLeod Development Company, to be the free and voluntary act of such party
for the uses and purposes mentioned in this instrument.
, 19@rl
Notary Publ�c i and for the State of Washington, residin_, 6I217/
My Commission Expires
2WI
5
I�a
ADDENDUM NO. 1
TO MCLEOD DEVELOPER'S AGREEMENT
CITY CONTRACT NO. 94-063
WHEREAS, the City of Tukwila entered into agreement No. 94-063 with McLeod
Development Company on March 28, 1994 for the purpose of setting forth the conditions
and terms pertaining to the construction of an exhibition center on property located in the
City of Tukwila; and
WHEREAS, subsequent to agreement No. 94-063 the City has adopted City of
Tukwila Resolution No. 1342 which establishes a policy whereby such development
projects may be granted consideration in the satisfaction of the conditions associated with
such development in recognition of the public benefits derived from such projects; and
WHEREAS, the City Council has determined that the McLeod Development
Company proposal to construct an exhibition center at the site legally described in Exhibit
A to Agreement No. 94-063 meets the criteria for public benefit as specified in Resolution
No. 1342 and is qualified under the provisions of Resolution No. 1342 as a Limited City
Enterprise Development Zone; and,
WHEREAS, the City Council has affirmed the status and qualification of the
McLeod Northwest Expo Center development for inclusion in the a Limited City Enterprise
Development Zone under the policy direction of Resolution No. 1342 by adopting
Resolution No. 1344 which is attached hereto as Exhibit D;
NOW, THEREFORE, in consideration of the mutual benefits and conditions
contained herein, this ADDENDUM, by and between the City of Tukwila, a municipal
corporation of the State of Washington, hereinafter referred to as "City", and McLeod
Development Company, hereinafter referred to as "Owner, entered into this — _ day of
`'2440t -e4...,, 1996, is as follows:
Section 1. Repealer:
Sections 1.5, 1.7, 1.9, 1.10, 1.11, 1.12, and 2.4 as contained in City of Tukwila Agreement
No. 94-063 are hereby deleted in their entirety.
Section 2. New Sections:
The following paragraphs shall be inserted in City of Tukwila Agreement No. 94-063 as
they are numbered and written below:
1.5 Site Water Service
The Owner recognizes the need to provide City water service to the Property. A 12
inch water line will be constructed providing a loop between the existing Seattle
Water Department tap and the West Valley 12 inch water line. This water facility
shall be constructed by the Owner and dedicated to the City pursuant to a City
Standard Utility Extension Agreement. The water loop system shall mitigate the
difference in pressures between the systems on West Valley and the Seattle Water
system. Owner also agrees to provide asphalt overlay on South 158th Street from
West Valley Highway to the exhibition center site (east of Union Pacific Railroad
right-of-way). The City shall reimburse the Owner for construction costs of the new
12 inch water line in the amount of $113,500.00 and said reimbursement shall be
made to the Owner within 30 days of the completion of construction.
1.7 Transportation Impacts - City of Tukwila
The Owner acknowledges that the proposed development of the Property will create
additional vehicle traffic in the City. The Owner agrees that the costs to construct
transportation improvements to mitigate the impacts as identified in the SEPA
document (reference City file No. EPIC -26-090) for the Northwest Exhibition
Center development are as follows:
a. Interurban Avenue/Grady/405 $185,000.00
b. West Valley/S. 156th Street $ 43,000.00
c. West Valley/S. 158th Street $ 47,000.00
d. West Valley/Strander Boulevard $ 30,000.00
e. West Valley/S. 180th Street $ 38,853.00
2
The Owner agrees to contribute $123,853.00 towards the costs such improvements
with $85,000.00 of said funds being allocated to the Interurban Avenue/Grady/405
project listed as item (a.) above and $38,853.00 being allocated to the West
Valley/S. 180th Street project listed as item (e.) above. The remaining costs to
construct the improvements listed above as identified in the SEPA document (file
No. EPIC -26-090) shall be borne by the City.
Funds contributed by the Owner pursuant to this section shall be paid to the City
prior to issuance of the Certificate of Occupancy for the exhibition center facilities
and such funds shall be refunded to the Owner, with accrued interest, if the.
improvements identified in items (a.) and (e.) above are not constructed within six
(6) years of receipt of such funds.
1.9 Transportation Impacts - City of Renton
The owner acknowledges that the development of the Property will create increases
in City of Renton transportation needs due to additional vehicle traffic as identified
in the SEPA document (file No. EPIC -26-090). The Owner agrees to contribute a
sum not to exceed $187,122.00 for the construction of transportation improvements
to mitigate its traffic impacts in Renton. These funds shall pay for either capacity or
intersection improvements as follows:
a. 180th Street - $162,729.00
b. Grady Way - $24,393.00
The transportation impact mitigation fees shall be used specifically for
transportation improvements on the routes listed. One half of the fees due from
Owner pursuant to this section shall be payable ninety (90) days after the start of
construction activity associated with the building permit and, one half of the fees
shall be payable at the time of issuance of the certificate of occupancy for
exhibition center facilities.
3
1.10 South 158th Street Improvements to Public Standards
The Owner acknowledges that the development of the property will create
transportation, safety, and capacity needs on the South 158th Street access to the
site. The Owner agrees to construct a sidewalk on South 158th Street from the
existing sidewalk along the Embassy Suites site on the south side of South 158th
Street to the exhibition center site (east of the Union Pacific Railroad right-of-way).
These improvements shall be completed prior to the issuance of the Certificate of
Occupancy for the exhibition center facilities.
1.11 Transportation Impacts - Pedestrian
The approved plans for development of the Property for exhibition center facilities
includes a parking area within those portions of the Puget Sound Power & Light
(PSP&L) right-of-way north of a line approximately 250' ± south of the proposed
centerline of the Strander Boulevard extension and south of I-405. The Owner
acknowledges the City's intent to construct a 15 foot wide trail through those same
portions of the PSP&L right-of-way on easements obtained by the City from
PSP&L for trail construction. The Owner agrees that the construction of such
parking shall not infringe on the City's trail easements nor unreasonably inhibit the
flow of traffic using the trail once it is constructed. The City shall construct the trail
at its own expense and in accordance with its own construction schedule.
1.12 Strander Boulevard Improvements
The Owner acknowledges that the development of the Property will create
transportation, safety, and capacity needs on the Strander Boulevard access to the
site. The Owner agrees to extend Strander Boulevard as a private road from the
eastern terminus of Strander Boulevard right-of-way to the western edge of the
Property as described in Exhibit A. The Strander Boulevard access to the Property
shall include an at -grade crossing of both the Puget Sound Power and Light
(PSP&L) and Union Pacific Railroad (UPRR) right-of-ways. The road shall have
two (2) eleven -foot (11') lanes, curb and six foot (6') sidewalk along the north side,
and a three foot (3') shoulder along the south side. The at -grade crossing of the
4
UPRR right-of-way shall be installed by UPRR per their standards. The private
street, sidewalk, necessary utilities, railroad crossing, and miscellaneous
improvements at Strander Boulevard over the PSP&L and UPRR right-of-ways will
be at Owner's sole expense. The Owner will design the private road, sidewalk, and
utility extensions to applicable City standards except for that portion crossing the
UPRR right-of-way. An executed agreement for the crossing of the UPRR right-of-
way shall be provided to the City prior to issuance of the building permit for the
exhibition center facilities. The City will obtain a deed or the Owner will obtain an
easement for the PSP&L crossing. The Owner shall be responsible for the purchase
of right-of-way from PSP&L. The Strander Boulevard access/utility easements or
permits shall be considered a secondary access to the facility.
2.4 48 Inch Diameter Storm Drainage Outfall
The City acknowledges the need for design and construction of 48 inch diameter
storm drainage outfall line from the Nelsen - Longacres storm basin, beneath the
Burlington Northern Railroad track, and connecting to a catch basin on the Boeing -
Longacres project. To accomplish the installation of the 48 inch outfall and control
structure, the City agrees to have the owner design and install the outfall to the
western terminus of the 48 inch storm line on the Boeing - Longacres site.
The City agrees to reimburse the Owner for actual costs of the design and
construction of the above-mentioned storm drainage improvements in an amount
not to exceed $300,000.00. Reimbursement shall be made within thirty (30) days
after receipt of invoices showing the true and accurate costs of design and
construction work completed by the Owner. Reimbursable costs shall include: a)
easement costs for the portion of the storm drainage crossing the northern 4.7 acres
of the Northwest Expo Center project site, calculated at 50% of the appraised land
value for the area encompassed in the easement; b) construction of the box culvert
and retaining barrier under the Union Pacific Railroad track and the biofiltration
swale and 48 inch outfall line under the Burlington Northern Railroad track to the
tie-in with the 48 inch line on the Boeing - Longacres site; c) design engineering
5
(10% of total costs); d) construction engineering (15% of total costs); e) general
contractor fee (10% of total costs); and, f) other reasonable costs associated with
the public storm drainage improvements.
A permit to install the 48 inch culvert beneath the Burlington Northern Railroad will
be prepared by the owner and obtained by the City. The City shall arrange for
easements and access to work on the Boeing property.
Section 3. Construction Work:
All construction work performed by the owner under the terms of this agreement must be
approved to the satisfaction of the City and in accordance to City -adopted standards.
Likewise, the City shall not reimburse the owner for work the owner has performed until
that construction has been approved and accepted by the City.
Section 4. Entire Agreement:
This Addendum together with City Agreement No. 94-063 as entered into on March 28,
1994 shall represent the entire agreement and any other modifications, revisions,
additions, or deletions to said Agreement prior to this Addendum shall be null and void.
CITY OF TUKWILA: OWNER:
ATTEST/AUTHENTICATED:
I p/
By
J
S v� od, President
McLeod Devel. pment Company
5)/Jane E. Cantu,
ty Clerk
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
B
6
STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that there appeared before me persons that I know or have satisfactory
evidence were JOHN W. RANTS and JANE CANTU, who signed this ADDENDUM No.
1, on oath stated that they are authorized to execute the instrument and acknowledged it as
the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such
party for the usesurposes mentioned in this ins ent.
DATED: 0/y , 19f
CC/>./9.) ZMW Notary Public in and for the S of Washington, residing at:
My Commission Expires V i— .g`.
7
STATE OF .Lv11u 1 b7t_ )
)
COUNTY OF )
ss
I certify that there appeared before me a person that I know or have
satisfactory evidence was STUART MCLEOD, who signed this ADDENDUM No. 1, on
oath stated that they are authorized to execute the instrument and acknowledged it, as the
President of McLeod Development Company, to be the free and voluntary act of such party
for the uses and purposes mentioned in this instrument.
DATED Q,3 — /1 , 19% Ce4#4
111.7griblor, Notary Public in and for the State of Washington, residing at:
My Commission Expires 12-- /(0 19 .
8
Washington
Resolution No. /.3 (71/
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON APPROVING THE
INCLUSION OF THE NORTHWEST EXPO CENTER IN THE
LIMITED CITY ENTERPRISE DEVELOPMENT ZONE.
WHEREAS, the City of Tukwila desires to provide incentives for the development or redevelopment of
certain properties within the City of Tukwila jurisdictional boundaries in order to provide public benefits for its
citizenry; and,
WHEREAS, the City Council established the policy and process for review and inclusion of such
development in City of Tukwila Resolution No. 1342; and,
WHEREAS, McLeod Development Company's proposal to build an exhibition center in Tukwila,
known as Northwest Expo Center, was reviewed and evaluated under the policy guidelines established in
Resolution No. 1342; and,
WHEREAS, the City finds that the Northwest Expo Center meets the requirements for inclusion in a
Limited City Enterprise Development Zone in that it:
a. Is consistent with the cities Comprehensive Plan;
b. Provides complementary benefits which would facilitate business development such as hotels
and restaurants, and develops vacant property;
c. Provides economic enhancement since it is a public assembly facility which would provide n e w
jobs and promote secondary business activities which would utilize hotels, restaurant and related
businesses located in the City and the region; and,
d. Would provide direct and measurable new revenues to the City which is supported by a
determination of the Finance Director.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO HEREBY
RESOLVE AS FOLLOWS:
Section 1
The proposal by McLeod Development Company to build the Northwest Expo Center is hereby
qualified for inclusion under Resolution No. 1342 in the Limited City Enterprise Development Zone and
is entitled to receive considerations for City of Tukwila participation in the public infrastructure
improvements required to construct this proposed development.
Section 2.
The specific terms and conditions for City participation in the public infrastructure improvements
required to construct the Northwest Expo Center shall be set forth by Agreement between the City of
Tukwila and McLeod Development Company subject to the approval of the Tukwila City Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting
thereof this >4) day of 7-n c , 1996.
Pam Carter, Council President
ATTEST/AUTHENTICATED:
e E. Cantu, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Filed with the City Clerk: a? - ?-
Passed by the City Council: 3— `i- 94
Resolution Number: /,..9
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DEVELOPER'S AGREEMENT
3 _ 2 g _ 4
THIS AGREEMENT is made grid entered into on , 4-,
between the City of Tukwila, a Washington municipal corporation
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(hereinafter referred to as "City"). and McLeod Development
rn
Company (hereinafter referred to as "Owner").
r. a
WITNESSETH
WHEREAS Owner owns and/or leases certain real property in
the City, which is legally described in Exhibit A, and;
hereinafter referred to collectively as the "Property" and is
generally located between Burlington Northern Railroad (''BNRR")
and Union Pacific Railroad ("UFRR") tracks, from approximately
760 feet south of the proposed extension of the centerline of
Stran.der Boulevard, then north to 1405; and consisting of the
portion of the Puget Sound Power & Light ("PSP&L") right-of-way
generally situated between 1405 and South 158th Street and the
portion of the FSP&L right-of-way generally situated between the
Embassy Suites parking lot and approximately 250 feet south of
the proposed centerline of Strander Boulevard; and
WHEREAS, Owner :made application to the City for SEPA Review,
received a Mitigated Determination of Nonsignificance and Board
of Architectural Review approval for Land Development and
Building Construction Permit for an exhibition center on the
Property (hereinafter referred to as "Northwest Expo Center'');
and
WHEREAS, the resulting change in potential use of the
Property will create associated impacts and create certain
benefits for the City and Region; and
1
WHEREAS, the development of the Property will necessitate
extensions of City sewer and water lines; and
WHEREAS, the development of the Property will require
additional public storm drainage systems to accommodate
development drainage and improve the existing drainage system
serving this City storm drainage basin; and
WHEREAS, the development of the Property will create a meed
for vehicular access from West Valley Highway via Strander
Boulevard and South 158th Street, and additional future public
right-of-way; and
WHEREAS. the development of the Property will create an
increase of vehicular traffic on Tukwila and adjoining City of
Renton .public right-of-way;
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.404' NOW, THEREFORE, in consideration of the mutual benefits and
giveC7)
conditions hereinafter contained, the parties hereto agree as
follows:
1 RESPONSIBILITIES OF OWNER
1.1 SEPA Mitigation Regairements
As a part of the development 6f the Northwest Expo Center ori the
Property, the Owner agrees to provide the SEPA mitigation
requirements through conditions of this Developer's Agreement or
as shown on the final approved development plans. All
construction shall meet City standards, other mitigation or SEPA
issues required by the modified mitigated determination of non-
significance dated October 1991.
1. Site Storm Drainage'System
The Owner acknowledges that the proposed development will have an
impact on the storm water facilities in the area of the Property.
•
The Owner acknowledges further that this Property will be
benefitted from the installation of a 48 inch diameter outfall
from the Nelsen-Longacres Drainage Basin ("Basin") which will be
constructed through the embankment beneath the BNRR tracks and •
provide a connection between the system shown on the Northwest
Expo Center plans (KCM Nelsen-Longacres Drainage plan) and the
line as shown on :sheet 1C1 of the Customer Service and Training
Center Site Development, Southwest 16th Street Improvement, 48
inch Storm West of Southwest 16th Street, plans dated October
1992, on the Boeing property in the City of Renton.
1.3 Drainage Easements
The Nelsen--Longacres Storm Drainage Basin shall drain to the 48
inch diameter BNRR under -crossing and through the Southwest 16th
ti Street line to the P-1 interceptor channel. Drainage easements
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act connecting from South 158th Street to the westerly boundary of
(Y) the BNRR railroad undercrossing, where the 48 inch diameter
.d- outfall crosses beneath the BNRR, and further north to the I405
O
ted- right-of-way from the BNRR under -crossing will be needed. The
Owner shall dedicate an easement for drainage across the Property
from South,l58th Street to the 48 inch outfall, to the BNRR
undercrossing and an easement from the 48 inch outfall
undercrossing north to 1405, as shown iriExhibit B.
The Owner shall prepare an easement from BNRR, and the City shall
obtain an easement from BNRR, for routing the 48 inch storm line -
and casing beneath the BNRR.
The City acknowledges that the dedication of the easements on
Owner's property is for storm drainage and benefits the entire
Basin drainage system. including Owner's property. The value of
the Owner's easements shall be allowed as a credit to the
assessments as levied against the Property in related LID
Agreements. The credit amount shall be at one-half the appraised
value of fee simple property within the dedicated easement. 1f
:3
no LID is formed, the Owner shall be provided a Latecomer Payment
Agreement.
1.4 Site Sewer Service
Sewer to serve the Property will be constructed by the Owner at
Owner's expense to meet City standards connecting into the City
manhole on the southwest corner of Parcel 2 in Exhibit A.
1.5 Site Water Service
The Owner recognizes the need to provide City water service to
the Property. A 12 inch water line will be constructed providing
a loop between the existing Seattle Water Department tap and the
West Valley 12 inch water line. This water facility shall be
. constructed at the Owner's expense and dedicated to the City
Cr-) pursuant to a City Standard Utility Extension Agreement. The
"Kt
water loop system shall mitigate the difference in pressures
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between the systems.
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0) 1.6 Water and Sewer Easements
Water and sewer easements shall be provided by Owner along the
western edge of the property northerly to the extension of South
158th Street (Longacres Access Easement) and westerly in the
Longacres easement to the east end of the South 158th Street
right-of-way. The Owner shall pay for easements for the
extension of the water line and other utilities to serve Property
across the PSP&L, the UPRR and City of Seattle CORP 44) right-of-
ways. The City shall actively pursue the issuing of easement
permits to install the City water line and other utilities
following application by Owner.
map - Exhibit C.
See
water and utility easement
Owner acknowledges that the proposed development will have an
impact on the water facilities in the area of • the Property.
Owner acknowledges further that this Property will be benefitted
4
by connection to these water facilities which provide new service
to the Property.
�( 1.7 Transportation Impacts - City of Tukwila
Owner acknowledges that the development of the Property. will
create additional vehicle traffic in the City. The Owner agrees
to contribute a sum riot to exceed $343.853.00 for the
construction of transportation improvements to mitigate its
traffic impacts.
These moneys shall pay for off-site
intersection improvements within 200 feet of the intersections,
except 1.7 (a), as identified in the SEPA document and as
follows:
a. Interurban Avenue/Grady/405 $185,000.00
b. West Valley/S. 156th Street $ 43,000.00
C'*7
•ffer c. West Valley/S. 158th Street $ 47,000.00
(r3 d. West Valley/Strander Boulevard $ 30,000.00
•�- e. West Valley/S. 180th Street $ 38,853.00
O
ei-
One-half of these off-site traffic and road mitigation
contributions will be paid to the City at the time of issuance of
the Building Permit for the Northwest. Expo Center. The other
half will be paid at the time of, and is a condition to issuance
of the facility's Certificate of Occupancy. Amounts deposited,
plus interest received by the City, shall be refunded to the
Owner within six years of issuance of Building Permit if
improvements to correct identified impacts are not constructed.
i . 9 Transgvrt3tiori Impacts - City of Renton
The Owner acknowledges that the development of the Property will
Create increases in City of Renton transportation needs due to
additional vehicle traffic identified in the SEPA document. The
Owner agrees to contribute an additional sum not to exceed
$187,122.00 for the construction of transportation improvements
to mitigate its traffic impacts in Renton. These moneys shall
f
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pay for either capacity or intersection improvements as follows:
a. 180th Street - $162,729.00
b. Grady Way - $ 24.393.00
The transportation
impact mitigation fees shall be used
specifically for transportation improvements on the routes
listed. One-half of the off-site road mitigation contribution
will be paid to the City of Renton at the time of issuance of the
Building Permit for the Northwest Expo Center. The other half
will be paid at the time of issuance of, and is a condition to,
the facility's Certificate of Occupancy.
If the City of Renton Valley
after the issuance of
the
Occupancy and the calculation
above,
any
difference shall
circumstances shall
Owner be increased.
received by Renton
Transportation Flan update occurs
Building Permit or Certificate of
of impacts is less than set forth
be refunded to Owner. Under no
the Renton mitigation contribution by the
The total amount deposited plus interest
for the South 180th Street
Grady Way improvements
.ix years of the issuance
or both
of
shall
be
improvements or
refunded to Owner
the Building Permit, if
both of the improvements are riot constructed.
within
either
or
1.1.7 South 158th Street Improvements to Public Standard
The Owner acknowledges that the development of the Property
pursuant to the permits will create transportation safety and
capacity needs on South 158th Street to serve the site. The
Owner agrees to improve South 158th Street between West Valley
Road and Nelsen Place as shown on plans for Street Improvement,
South 158th Street (SR 181 to Nelsen Avenue) , October, 1986,
provided by the City, excluding those improvements made by
Embassy Suites. The $47,000.00 allocated in Item 1.7 shall be
applied to and used for these improvements. if costs are more
than the $47,000.00 allocated. Owner will pay the additional
F;ts . The Owner also agrees to improve the Longacres Access
easement from Nelsen Place to the Northwest Expo Center (whose
beginning is the easterly boundary of the PSP&L) to City Street
Standards.
The Owner agrees to complete these South 158th Street road
improvements prior to, and is a condition of the issuance of the
facility's Certificate of Occupancy.
• 1.11 Transportation Impacts - Pedestrian
Owner acknowledges that the development of the Property will
create increases in transportation meed for pedestrian traffic
improvements. The Owner agrees to construct a 15 foot wide trail
section, whose width may be adjusted at power pole locations,
within the PSP&L right-of-way on a mutually agreed upon location.
The limits of the trail section shall be in that PSP&L C''") way north of a lime approximately 250' south of the proposed
centerline of the Strander Boulevard extension and south of I405
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on which the Owner has previously obtained lease agreements.
et
O The Interurban Trail design on the PSP&L 15 foot right-of-way
shall be accomplished by the City and plans and details furnished
to the Owner as needed. The trail shall be built in accordance
with designs furnished by the City or the City may charge the
Owner for all construction expenses, '•including administrative
costs and overhead, to bring the trail into conformity with City
design.
The construction of the interurban Trail shall occur with the
construction of the parking areas to be constructed on the PSP&L
right -of --way. Completion of the Interurban Trail shall occur
prior to the issuance of, and is a condition of the Certificate
of Occupancy.
r
1.12 Strander Boulevard Improvement = to Public standards
Owner acknowledges that the development of the Property will
create transportation
Boulevard to
serve
safety and capacity
the site. The Owner
needs
on Strander
agrees to
improve
Strander Boulevard between West. Valley Road and the FSP&.L right-
of-way to City standards, excluding improvements made by Taco
Bell. The $30,000.00 allocated in Item 1.7 (d) shall be applied
to and used for these improvements: If costs are more than the
$30,000.00 allocated, Owner will pay the additional costs.
The Owner shall extend Strander Boulevard as a private road from
the eastern terminus of Strander Boulevard right-of-way to the
western edge of the Property as described in Exhibit A. Strander
Boulevard access to the Property shall include an at -grade
crossing of both the PSP&L and UPRR right-of-ways. The road will
have 2 - eleven foot lanes with curb and 6 foot sidewalk on the
north. 3 foot shoulder on the south, and an at -grade crossing as
installed by UPRR. The private street, sidewalk, necessary
utilities, railroad crossing, and miscellaneous improvements at
Strander Boulevard over PSP&L and UPRR will be at Owner's sole
exr)ense . The Owner will design the private road. sidewalk, and
utilities extensions to applicable City standards. except on UPRR.
property. An executed agreement for crossing the UPRR will h€;
submitted to City prior to issuance of the Building Permit for
the Northwest Expo Center. The City will obtain a Deed or Owner
will obtain an easement for property crossing FSP&.L. The Owner
shall be responsible for the purchase of right-of-way from FS'yL
.
The Strander Boulevard access/utilities easements or permits
1 considered secondarythe1
shall be cori.�i_der. a s co.ldar � access to facility.
1.13 Future ._ ;rander Boulevard Public Roadway Extension
The Owner acknowledges the intent of the City to create a through
street by extending Strander Boulevard to the western boundary of
the City of Renton. A 60 foot right-of-way has been reserved for
the public.: street. The Owner agrees not the protest the
8
extension of Strander Boulevard and further agrees to sell the
reserved 60 foot right-of-way for $1.82 per square foot as a
condition of a re -zone.
Any purchase of right-of7ways which occur as a part of the
private road access (Item 1.12) shall apply as a dollar -for -
dollar credit to any future LID to extend Strander Boulevard.
1.14 Future Event Traffic Mitigation
The Owner agrees • to work with the City on an on-going basis, as
described in this section to mitigate through operating measures,
any unanticipated traffic safety and capacity impacts resulting
from special events at the Property. A Northwest Expo Center
staff/advisor with Professional Traffic Engineering expertise
will work with the City representing the Northwest Expo Center to
evaluate problems, determine solutions, and facilitate solution
implementation for regular re -occurring event related traffic in
the vicinity of the Northwest Expo Center site.
The work is to include necessary coordination with Metro, WSDOT,
Tukwila Police, Washington State Patrol, Tukwila Fire Department,
neighbors and
access
Center
plans
traffic
others involved in
that will
provide
particular traffic control and
mitigation of Northwest Expo
impacting safety and capacity of other vehicle and
pedestrian traffic.
Work and solutions may include pians and
revisions to manual traffic control, special event signing.
special event
signal operations and implementation, the
communication with effected or permitting agencies or neighbors
and similar operational measures. This section, Section 1.14
does not authorize new fees for intersection work or
construction.
1.15 Owner's Mitigation Obligations
The payments, easements, work and all other obligations to be
performed by Owner under this Agreement constitute.Owner's full
0
SEPA and other code mitigation requirements for the utilities,
streets and other infrastructure covered in this'Agreement for
development of the Property as the Northwest Expo Center.
?. RESPONSIBILITIES OF CITY
2.1 Benefited Area and Assessments - Facilities
The City acknowledges water line extensions and storm drain
easements and improvements, including regional detention/
biofiltration which will be constructed by Owner, will directly
benefit other property in the Nelsen Place-Longacres Basin not
owned by the Owner and which cannot be legally described until
the extent of the improvements has been determined. Pursuant to
RCW Chapter 35.91, or other applicable law, the Owner agrees to
develop and the City agrees to approve and adopt, with any
appropriate changes, a Latecomer's ,Agreement. The Latecomer's
Agreement shall be designed to reimburse Owner for its costs on a
pro rata basis and to assess any other owner or developer of real
estate who will use the water and drainage improvements. The
Cr) Agreement is to be drafted by the Owner, modified, if
appropriate. and approved by the City at the time the facilities
Q:
are turned over to the City for City review and approval. The
pro rata share for any one parcel of real estate contained within
the benefited area shall be proposed by the Owner subject to
approval by the City. The pro rata share for each parcel shall
be shown on exhibits to be attached to the Latecomer's Agreement.
The City agrees to pay Owner all sums collected, if any, pursuant
to the Latecomer's Agreement within sixty (60 ) days after receipt
thereof. Reasonable costs of administering the Agreements shall
be charged to other properties. Payments shall be made until the
total of said payments equals the cost of constructing the
facility less Owner's pro rata share, or fifteen years from the
date of the Latecomer's Agreement. whichever occurs first.
10
2.2 Nelsen Place Improvements
The City shall fund the installation of curb & gutter, and adjust
storm drainage and in -fill paving on the easterly street section
of Nelsen Place between South 158th Street and South 156th
Street. If the Owner installs the improvements pursuant to a
City request, the City shall make payment within 30 days
following completion of work.
2.3 Strander Boulevard - Union Pacific Railroad
Undercrossing
The City acknowledges the benefit to have a UPRR undercrossing
project completed as a part of the larger effort to connect
Strander Boulevard from West Valley Road to Southwest 27th Street
in Renton.
The City has selected the routing of Strander Boulevard extension
Cr')
by reserving a route across the Northwest Expo Center property.
CD
Q) The City can form LID's for roads and utilities servicing
properties within the City, and the City agrees to form a
Strander Boule' a rd--UFRR Undercrossing LID in either of the
following circumstances:
a. Termination by UPRR
The City recognizes that the Strander Boulevard access to the
Northwest Exhibition Facility is a private, at -grade railroad
crossing which may be terminated by the UFRR.
If the at -grade UPRR crossing agreement is terminated at any time
after the Northwest Expo Center con=struction begins or has been
completed. the City agrees to farm a Phase One Strander
-:ulevard-UPRR Grade Separation LID. Phase One LID �L'
shall be
formed in a timely manner to construct a minimum 2 lane
undercrossing. T}ie Owner agrees not to protest the formation of
the LID.
11
b. Traffic Conflicts
If in the operation of the Northwest Expo Center there appears to
be safety, traffic, ingress/egress conflicts, or other impacts
judged to be reasonable by the City, which might be better
resolved with a Strander Boulevard-UPRR undercrossing, the Owner
and City may mutually agree to form a Phase One LID, with a
petition from Owner.
"Phase One" LID means an undercrossing of UPRR of a two lane
street with a minimum 13'-6" clearance. When forming any Phase
One LID, the City will contribute to the LID a preliminary
engineering design report, purchase of the right-of-ways, bridge
and road design, specifications, estimates, permits, and a
contribution not to exceed $300,000.00 towards construction cost.
Construction cost occurring greater than the aforementioned
contribution will be secured through the formation of the LID.
The City agrees to work with the Owner or Owner's representative
during the design and construction to minimize disruption and
confirm that the interest of both parties are met as far as
possible. The City will place the Strander Boulevard-UPRR
project on its Six Year CIP, and a design report for the entire
Strander Boulevard Extension will be programmed for 1996, subject
to adoption by the City Council. The City shall begin the
Strander Boulevard Extension Design Report prior to the the
formation of any LID.
Owner retains its rights under law to contest the amount of the
assessment allocated to the Property but Owner expressly waives
any rights to protest formation of the Phase Orie LID.
There is presently, and will be needed in the future, an at -grade
crossing of the UPRR for over -height vehicles to service the
existing utilities between the BNRR and the UPRR as well as to
allow access to the Northwest Expo Center for over -height loads.
12
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wet
The City agrees to incorporate in the Strander Boulevard
extension Design Report alternatives for a continuous at -grade
crossing at a mutually agreeable location, as reviewed by UPRR,
FSP&L, Metro, Olymic Pipeline, City and Northwest Expo Center.
2.4 48 Inch Diameter Storm Drainage Outfall
The City acknowledges the need for design and construction of a
48 inch diameter storm drainage outfall line from the Nelsen
Longacres storm basin, beneath the BNRR track, and connecting to
a catch basin on the Boeing - Longacres project (Southwest 16th
Street). To accomplish the installation of the 48 inch outfall
and control structure, the City agrees to have the Northwest Expo
Center design and install the outfall to the Boeing Project 48
inch terminus, as a part of the overall Northwest Expo Center
Project, with a reimbursement for actual cost not to exceed
$300,000.00 from the City within 30 days after the actual cost
billing for design and construction is recieved by the City.
A permit to install the 48 inch culvert beneath the BNRR will be
prepared by the Owner and obtained by the City. The City shall
arrange for easements and access to work on Boeing property.
3. NON -WAIVER - EXTENSIONS
Failure of either party to
insist on the
strict performance
of
the terms of this Agreement shall not be construed as a waiver or
relinquishment of that party's right thereafter to strictly
enforce any such term, but the same shall continue in full force
and effect.
4. BINDING EFFECT
This Agreement shall be binding upon the parties, their
respective heirs, legal representatives, assignees, transferees
and successors. This Agreement runs with the land, but this
Agreement shall terminate automatically if Owner does not develop
13
(or abandons development of) the Property as an exhibition center
Owner shall be entitled to receive Latecomer payments as stated
in Section 2. This Agreement may only be amended by written
agreement of the parties. Each party warrants that it has the
authority to enter this Agreement.
RECORDING
This Agreement shall be recorded with King County and cost of
said recording dull be paid by the Owner.
6. ATTORNEY FEES
In the event that either party shall commence litigation against
the other in order to enforce any .term or condition of this
Agreement, the prevailing party in such litigation shall be
entitled to recover its costs, including reasonable attorney
C fees.
M 7, EFFECTIVE DATE
.•01011- The responsibilities of the Owner under this Agreement are
O
contingent upon the issuance of the requested approvals for the
Project. No obligation will arise until the issuance of such
approvals -and Owner's decision to start construction of the
Northwest Expo Center on the Property. If Owner elects to •
proceed with any of the improvements set forth herein before the
issuance of such approvals and after installation of the
improvements elects to abandon its development then, and only.
then will Owner and its successors and assigns be entitled to the
benefits related to Latecomer's Agreements set forth in this
Agreement, providedsuch improvements are approved and accepted
_
by the City.
c. COOPERATION
The parties .grew
t 0
mutually t �
1 t_La.ii� _:opera+. i� to implement this
Agreement and each party shall take all reasonable actions
C)wict
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Necessary -to accomplish the purposes of this Agreement.
By
TE
ATTEST/AU ENT .tTED:
O
le E. Cantu, City Clerk
APPROVED AS TO FORM
OFFICE OF THE CITY AT ORNEY:
OWNEP
Stuart McLeod, " esident
McLeod Development
Its
By
Its
STATE OF WASHINGTON
COUNTY. OF KING
I certify that there appeared before me persons that I know
or have satisfactory evidence were JOHN W. RANTS and JANE CANTU,
who signed this DEVELOPER'S AGREEMENT, on oath stated that they
are authorized to execute the instrument and acknowledged it as
the Mayor and City Clerk of the City of Tukwila, to be the free
and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED: "Y. 2-
19/4
Notary Public in and for the State
o. Washington, residing at
C5»
My Commission Expires
16
STATE OF WASHINGTON).
COUNTY OF KING
h� 1.,nuar.v
On this i\ day of L� , 19Gt4 , before me, the
undersigned, a Notary Public in and f* the State o4 Was ington,
duly commissioned and sworn, personally appeared h ccw
SS
, to me known to be the President of McLeod
Development, a Washington corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that he is
authorized to execute said instrument and that the seal affixed
(if any) is the corporate seal of said corporation.
WITNESS MY HAND AND OFFICIAL SEAL herety affthe
and year in the certificate above-wri
OFFICIAL NOTARY SEAL
DONALD L MILS
Notary Pudic
STATE OF WASHINGTON
My Commission Expires AUG 14,1995
17
NOTARY PUBLI in and for the
State of Nashington, residing
at -e..41WU e.
My commission expires 14 YUc\ tSc
EXHIBIT A Legal Descriptions
Parcel 111
Tax Lot 242304-9034-02 4.70 Ac
DESCRIPTION:
That portion of Government Lot 8 in Section 24, T23N, R4E, WM, and
the Henry Meader D.C. No. 46 in said Section 24, described as
follows:
Beginning on the east line of the Chicago Milwaukee and St.
Paul Railway right-of-way 137 feet south of the north line of said
Henry Meader D.C. No. 46;
Thence easterly and parallel to said north line of the D.C.
285.54 feet, more or less, to the west line of the Northern Pacific
Railway right-of-way;
Thence northerly and northwesterly curving to the left along
said west line of the right-of-way 916 feet, more or less, to the
southerly line of the Renton Junction County Road No. 1139 (South
153rd Street);
Thence south 80°49' west along said southerly line of County
Road 80.7 feet, more or less, to the easterly line of said Chicago
Milwaukee and St. Paul Railway right-of-way;
Thence southerly along said line of right-of-way 881 feet,
more or less, to the beginning;
18
Together with that portion of vacated South 153rd Street adjoining,
which upon vacation attached to said property by operation of law;
Except portion thereof conveyed to the State of Washington for
Primary State Highway No. 1, Jct. SSH 2-M to Jct. PSH No. 2 in
Renton, by deed recorded under Recording No. 55077460;
Situated in the City of Tukwila, County of King, State of
Washington.
19
Parcel #2
Tax Lot 000580-0013-03 9.60 Ac
A permanent easement for access and utilities in the SW 1/4,
Section 23 and the NW 1/4, Section 25, T23N, R4E, WM, in the City
of Tukwila;
Said easement described as the westerly 22 feet and the easterly 22
feet of the westerly 275 feet between the Seattle Water Department
C.R.P.L. #4 and the access easement from South 158th Street, and
the South 158th Street access easement of the parcel of land
described as:
That portion of Henry Meader Donation Claim No. 46 in Section
24 and 25, T23N, R4E, WM, lying west of the BNRR right-of-way, east
of the Oregon -Washington Railroad and Navigation Company right-of-
way and south of a line 137 feet south of the north line of said
donation claim and north of the City of Seattle Bow Lake pipe line
right-of-way;
Situated in the City of Tukwila, County of King, State of
Washington.
20
•
Parcel 13
Tax Lot 000580-0021-03
DESCRIPTION:
9.15 Ac
All that portion of Government Lot 11 and all that portion of Henry
Meader Donation Claim No. 46 in the north 1/2 of the northwest 1/4
and that portion of the southeast 1/4 of the northwest 1/4 all
situated in Section 25, T23N, R4E, WM, bounded as follows:
On the west the Chicago, Milwaukee and St. Paul main track
center line as located and constructed, as conveyed by deed
recorded under Recording Nos. 453941 and 453943;
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wick On the east by a line drawn parallel with and distant 50 feet
Cr) westerly measured at right angles to BNRR Company's old main line
md-
C track center line as now located and constructed;
gort-
On the south by a line drawn parallel with and distant 330.
feet southerly at right angles to the south line of said Government
Lot 11;
On the north by the south.margin of the City of Seattle, by
deed recorded under Recording No. 4131067;
Except that portion thereof, described as follows:
Beginning at a point on the south line of said Donation Claim
and the east margin of the Chicago, Milwaukee, St. Paul and Pacific
Railroad right-of-way;
21
Thence easterly a distance of 120 feet along said south line
of said donation claim;
Thence northeasterly measured at right angles to said south
line a distance of 80 feet;
Thence westerly parallel with said south line to said easterly
margin of said Chicago, Milwaukee, St. Paul and Pacific Railroad
right-of-way;
Thence southerly along said railroad right-of-way to the point
of beginning;
Except all coal and minerals and the right to explore for and
ti
Cr") mine the same, as conveyed by deeds recorded under King County
Cr") Recording Nos. 8404050908 and 8404050909;
CT) Situated in the City of Tukwila, County of King, State of
Washington.
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ADDENDUM No. 1
Contract No. 94-063
McLeod Development Company - Developer's Agreement
As evidenced by their signatures below and in keeping with
Section 8. COOPERATION of the Agreement, the parties to Contract
No. 94-063 do agree to modify Sections 1.7 and 1.9 of the
aforementioned agreement such that all mitigation fees associated
with these sections shall be payable as follows:
1) One half of the fees shall be payable at the start of
construction activity associated with the building
permit; and,
3) One half of the fees shall be payable at the time of
issuance of the certificate of occupancy.
No other terms of provisions of Contract No. 94-063 shall be
affected by this Addendum and this Addendum shall in no way
impinge or inhibit in any way, the enforcement of all provisions
of the Contract as originally executed.
McLeod Development Company
City of Tukwila