HomeMy WebLinkAbout9902051522 WETLAND EASEMENT AGREEMENT 020599V.
After recording return to:
CITY CLEWS OFFICE.
CITY .OF AUBURN
25 Wes f Main
Auburn, WA 98001
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C/Ty,~ D,cq~ 1999
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EASEMENT AGREEMENT
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Grantor: FILED BY PN WT 1. City of Auburn ~/~$70-12 2.
etc. additional names on page N/A of document
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Grantee: 1. Stephen F. Lone, Jr.
2. Jean Marie O'Brien
3. Nancy Ann Flink
etc. additional names on page l of document
Legal Description:
1. Abbreviated form (Portions of Sectionsr44--,-
and 23, Twp. 21 N., Range 4 E., W.M. in
King County)
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2. Additional legal descriptions are attached as
Exhibits A and B
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Assessor's Property Tax Parcel Account
Number(s): 142104-9008-08
X32104-9023-08
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232104-9001-04
232104-9028-03
232104-9024-07
Said document(s) were filed for
record by Pacific Norihwest Title as
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accommodation only. It has not been
examined as to proper execution or
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Easement") is made and entered into as of January
J , 1998, by and among the CITY OF AUBURN ("Grantor") and STEPHEN F. LONE, JR.,
JEAN MARIE O'BRIEN, NANCY ANN FLINK, JOAN COCHRANE COLLINS, RICHARD
BURNHAM, HOWARD BURNHAM, JEFF AMES, SELLEN CONSTRUCTION COMPANY,
INC., a Washington corporation and QUIGG BROTHERS-MCDONALD, INC. ("Grantee").
RECITALS
A. Grantor is the owner of that certain real property situated in the City of Auburn,
County of King, State of Washington, which is legally described in Exhibit A, attached hereto
and incorporated herein by this reference (the "City Property"). Grantee owns certain real
property in the City, which is legally described in. Exhibit B attached hereto and incorporated
herein by this reference ("Grantee's Property") and for which the Grantee has submitted certain
land use applications to the Grantor in connection with Grantee's intended development of the
Grantee's Property. To facilitate the development of the Grantee's project, Grantee desires to
obtain an easement over approximately five acres of the City Property for purposes of
enhancement, monitoring and maintenance of certain wetlands.
B. The Grantor desires to grant to Grantee, and Grantee desires to accept an
1 easement over that portion of the City Property illustrated in Exhibit C attached hereto and
incorporated herein by this reference (the "Easement Area") on the terms and conditions set forth
below.
AGREEMENTS
CT;
T; - consideration of the mutual promises and covenants herein contained, and other good
and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties
agree:
1. Easement. Grantor grants and conveys to Grantee an easement over, under across
and through the Easement Area for the purposes of enhancing, monitoring and maintaining and
access to the wetlands on the Easement Area for the benefit and credit of the Grantee's Property
and any future development situated thereon. Grantor reserves the right to use the Easement Area
for purposes not inconsistent with and that would not interfere with any wetlands enhancement
work performed by Grantee during or after the performance of the work or any continuing
'obligation of Grantee to maintain the same. Grantor also grants and conveys to Grantee an
easement over adjacent City Property for purposes of Grantee's access to the Easement Area.
Grantor shall designate an access route reasonably acceptable to Grantee as Grantee may from
time to time require in connection with Grantee's use of the Easement Area..
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2. Indemnitv. Grantee shall indemnify, defend and hold harmless Grantor and its
agents and employees from and against any expenses, damages, claims or liabilities arising from
the exercise of any of the rights of Grantee or their agents or employees granted by this
Easement. Grantor shall indemnify, defend and hold harmless Grantee and their agents and
employees from and against any expenses, damages, claims or liabilities as a result of Grantor's
use of the Easement Area.
2. Hazardous Waste. Grantee and Grantor acknowledge that portions of" the City
Property and possibly property owned by third parties adjacent to the Easement Area is
contaminated with petroleum products (the "Petroleum Contamination"). Prior to Grantee
commencing any wetlands mitigation work on the Easement Area, Grantor and Grantee shall
consult to ensure that such work. does not affect or involve any uncovering or disturbance of
contaminated soils. To that end, the Grantee agrees, at Grantor's request, to relocate the
Easement Area to another portion of the City Property if Grantor deems such relocation
necessary in. Grantor's discretion to avoid uncovering or disturbance of contaminated soils.
Grantor also shall be solely responsible for the conduct of and payment for (including without
limitation penalties, attorneys' and paralegals' fees) all activities undertaken by Grantor or
required to be undertaken by any governmental entity in connection with the testing for, and/or
the presence and remediation of, any hazardous substances (which term shall be defined in the
broadest sense to include any substance, material or product defined or designated as hazardous,
toxic, radioactive, dangerous or regulated wastes or substances under local, state, or federal laws,
regulations, rules or ordinances) on the Easement Area not introduced thereon by Grantee, its
agents, licensees or invitees.
3. Insurance. Grantee and the applicable agent or contractor entering on the
Easement Area shall maintain insurance in the forms and minimum anlounts set forth on Exhibit
17 I) hereto (as applicable). After the initial construction and installation of the wetlands on the
Easement Area, Grantee shall provide not less than twenty four (24) hours advance written notice
to Grantor of Grantee's, its agents' or employees' entry on the Easement Area which notice shall
designate the purpose for and anticipated duration of such entry.
4. Wetlands Design. Grantee shall not, in any activity or through any construction
or alteration of the Easement Area create a dangerous condition on the Easement Area.
Grantee's wetlands mitigation plantings and or construction plans (the "Plans") shall be subject
to Grantor's prior written consent, which shall not be unreasonably withheld; provided that (i)
Grantor's approval of Grantee's Plans shall not constitute any representation by Grantor as to the
sufficiency, safety, feasibility or other matter relating to such Plans, (ii) Grantee shall be solely
responsible for any consequences of its plan decisions and implementation, and (iii) if Grantor
disapproves any Plans on the ground that they create a dangerous condition, Grantor shall
cooperate with Grantee in creating an alternative design acceptable to Grantor in its regulatory
capacity that does not create such a dangerous condition. Grantee agrees to provide Grantor with
copies of its proposed and any "as built" construction records showing wetlands mitigation
plantings or development.
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5. Stormwater Conveyance System. Grantee acknowledges that Grantor will be
constructing a stormwater conveyance system within the Easement and consents to such
construction and agrees that such construction shall not be deemed inconsistent with Grantee's
rights hereunder. Grantor agrees that, if such stormwater conveyance system is sufficiently
designed as of the time of completion of the Plans, Grantee may include any benefits created by
the stormwater conveyance as a part of Grantee's wetland mitigation plan and further that the
mitigation measures that Grantee is required to construct shall not be greater as a result of the
stormwater conveyance than would have been required without the stormwater conveyance.
Grantor further agrees that if the stormwater conveyance system is designed after completion and
regulatory approval of the Plans, construction of the stormwater conveyance system shall be
undertaken in such a manner as the construction does not require the undertaking of any
additional wetlands mitigation by Grantee beyond that contemplated in the approved Plans.
6. Condition of Easement Area. Grantee acknowledges that the easement rights
conveyed hereunder, and the condition of the underlying Easement Area are taken "as is where
is" without representation or warranty as to the condition of the Easement Area and that no
representations or warranties have been made or are made and no responsibility has been or is
assumed by Grantor as to anv matters concerning the Easement Area, or as to any other fact or
condition which has or might affect the Easement Area or any portion thereof. Grantor discloses
that the larger parcel of which the Easement Area is a part has been used for a gasoline retail
operation and that such larger parcel and an adjacent parcel are subject to contamination
remediation efforts. The parties agree that all understandings and agreements heretofore made
between them or their respective agents or representatives are merged into this Easement that this
Easement has been entered into after a reasonable investigation, or with the parties satisfied with
the opportunity afforded for a reasonable investigation. Grantee is not relying upon any
statement or representation by Grantor unless such statement or representation is specifically
embodied in this Easement.
7. Notices. All notices required or permitted hereunder shall be in writing and shall
either be delivered in person or sent by certified or registered mail, return receipt requested, and
shall be deemed received on the sooner of actual receipt or five days after being deposited in the
mail, postage prepaid, addressed to Grantor or Grantee at their last known address.
S. A.ssignability. Grantee shall have the right to convey, transfer, or assign any or all
of Grantee's rights and privileges under the terms of this Easement with the prior written consent
of Grantor, which consent shall not be unreasonably withheld.
9. Binding Effect. This Easement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
10. Amendment. This Easement may be amended only by written instrument
executed by Grantor and Grantee.
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11. Applicable Law. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington.
12. Attorneys' Fees. In any proceeding brought to enforce this Easement or to
determine the rights of the parties under this Easement, the prevailing party shall be entitled to
collect, in addition to any judgment awarded by a court, a reasonable sum as attorneys' fees, and
all costs and expenses incurred in connection with such a lawsuit, including attorneys' fees,
expenses of litigation, and costs of appeal. For purposes of this Easement, the prevailing party
shall be that party in whose favor final judgment is rendered or who substantially prevails, if both
parties are awarded judgment. The term "proceeding" shall mean and include arbitration,
administrative, bankruptcy, and judicial proceedings including appeals.
13. Recording. Upon execution, this Easement shall be recorded in the land records
of King County, Washington.
14. Duration of Easement. This Easement shall be in effect for a period concurrent
with Grantee's wetland mitigation obligations relating to Grantee's Property and applicable to
the Easement Area. Upon expiration of Grantee's wetland mitigation and/or maintenance and
monitoring obligations, this Easement shall automatically without further action by either party
expire, provided that if Grantee's wetland mitigation obligations require a perpetual dedication,
that dedication shall survive. If Grantee has not engaged in any wetlands mitigation measures
pursuant to this Easement by the fifth (5") annual anniversary of this Easement, then this
Easement shall automatically and without further action by either party expire.
EXECUTED as of the day and year first above written.
GRANTOR:
CITY OF AUBURN
By: bJI 4n,.4.. 0
Its: v^
GRANTEE:
Stephen f: Lone, Jr.
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lean Marie O' rien
Nancy Ann l nk
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an Cochrane Collins
Richard Burnham
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Burnham'
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SELLEN CONSTRUCTION COMPANY, INC.
By: 62-1
Richard C. Redman. Chairman and CEO
QUIGGJ3RQTI3ERS-MCDONALD, INC.
By:_
Its:
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day per onally appeared before me U1QA,- A 13&V:.; to me known to be
the of CITY OF AUBURN, a government entity that executed the
within and for going instrument, and acknowledged the said instrument to be the free and
volun act and deed of said far the uses and purposes therein mentioned, and on oath stated
that fUauthorized to execute said instrument.
GIVEN under my hand and official sea] this ay of P7auJ , 1998.
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
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A"Le_.y.,_ A. " Z Qo
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at , ,c '11,
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My commission expires
On this day personally appeared before me STEPHEN J. LONE, JR. to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged to me 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 /04ay of , 1998.
(Print name of notary)
'NOTARY PUBLIC in and for the State of
Washington, residing at w /1~,N~ 41~- 9"°°i
My commission expires 9- /.J` - ZDo /
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me JEAN MARIE O'BRIEN, to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged to me that she signed the same as her free and voluntary act and deed for the uses
and purposes therein mentioned.
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GIVEN under my hand and official seal this /44ay of 1 , 1998.
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
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(Print name of notary)
NOTARY PUBLIC in an
d fpr the State o
Washington, residing at sa." 6¢-
My commission expires 5,- Zpo /
On this day personally appeared before me NANCY ANN F L INK, to me known to be the
individual described in and who executed the within and foregoing instrument, and
acknowledged to me that she signed the same as her free and voluntary act and. deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this /K~day of 1998.
(Print name of notary)
NOTARY PUBLIC in and fir t~e Statd44 Washington, residing; at ~G lLr~?.tj 1do-1 -
My commission expires Z oo /
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me JOAN COCHRANE COLLINS, to me known
to be the individual described in and who executed the within and foregoing instrument, and.
acknowledged to me that she signed the same as her free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official sea] this Adday of 1998.
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NOTA6
PUBLIC
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STATE, OF WASHINGTON )
) ss.
COUNTY OF KING )
(Print name of notary)
NOTARY PUBLIC in and f t e State o
Washington, residing at w ,Pe My commission expires "'s- - --j'00
On this day personally appeared before me RICHARD BURNHAM, to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknow!c-dgc;d to me 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 W-day of , 1998.
A. q f,~l G~ ~m
(Print name of notary)
NOTARY
--~►•F-- G) NOTARY PUBLIC in and fir tie State of
Puei.+e Washington, residing at ~r~~ ,N D02
915-2001,.c~~z My commission expires
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STATE; OF WASHINGTON
) ss.
COUNTY OF KING )
On this day personally appeared before me HOWARD BURNHAM, to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged to me 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 Ae lay of r - , 1998.
ow om bs-
(Print name of notary) t N--1
NOTARY PUBLIC in and ft State of
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Washington, residing atw g~vOa
My commission expires 9 -/S . X vv/
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STATE OF WASHINGTON )
ss.
COUNT Y'OF-KiNG )
On this day personally appeared before me JEFF AMES, to me known to be the
individual described in and who executed the within and foregoing instrument, and
acknowledged to me 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
`pA.R
o NoIARY
9-- 5 SIG a~
is/Aeu1~
official seal this Aay of , 1998.
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(Print name of notary)
NOTARY PUBLIC in and f th State
Washington, residing at rr a z q) izimv
My commission expires ~l -45`- I- ,4P0 /
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STATE OF WASHINGTON )
COUNTY OF KING
ss.
On this day personally appeared before me RICHARD C. REDMAN, to me known to be
Chairman and CEO of SELLEN CONSTRUCTION COMPANY, INC., the corporation that
executed the within and 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.
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GIVEN under my hand and official seal this do day of I-EBRuARV , 1998.
,~'~OTARY'r : ~x.
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
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Ku a:r- N u L- P,k
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at S15-47TX
My commission expires ~-t 5- .2000
Cat On this day personally appeared before mese~NXl 6 VI4! , to me known to be A0 ; r PjF~k,T
Cd of QUIGG BROTHERS-MCDONALD, INC., the corporation that executed the within and
0 foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
W4 deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
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0 ~ is authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN under my hand and official seal this day of , 1998.
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i DIETER H A TRETZEN
i NOTARY PUBLIC ;
STATE OF WASWNGTON '
0 My Commission Expires Mar. 11, 2000 `
335151M83
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at ZG/k t.~/
My commission expires 3 /4 z o-0 0
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EXHIBIT A
Legal Description
The land rep -ed to in t.-is commitment is situated in the county of
King, state ot-Was:__^gtcn, and -described as follows.
That -ticn of the southwest auarter of the southeast auarter of
Sect cn 14 TCw-sh_"z 21 North, Rarge 4 East, W.M., in K__g County,
Was.hinct=n, described as follows:
Beginning at the southeast corner of said Section 14;
thence north 89025,25" west along the southerly line of said
section, a distance of 1986.18 feet to is _.__rsectien with the
easterly margin of west valley Highway having a __cht angle width of
60 feet;
thence north 30041128" east along said narai,, a distance of 187.95
`eel to t_^ _e t=- _ ?ci of be=g ^g;
..__^c al=g sa=a ma=-- --n north. 30°41 28" east, a d'_sta:.ce
of _50.00 feet
then_e south 59001124" east a distance of 130.00 feet;
=e^_ce sc;.th 30041126" west -arallel to said ma=r a distance of
150.00 feet;
t :e nce :forth 5S °O1' 24" west, a distance of 150.00 feet to the tz-ae
pcinz V beginning;
condemned in King County Superior Court Cause
Nu- er 735439 for State l4_ :way.
o a RC''. 3:
The south 30 feet of the following described _=r==e=y:
".hat =crtion cf tae south half of the southeast a"narter of
14, Tow-ship 21 North, Rance 4 fast, W.M., in Kinc
Sect'=n
County,
_
Wash_ c_cn, lying southerly of ?r--;ma--y State _ :.ray No. 2
and
easterly of West Valley ?icnway;
1-4
XC -=T the following aesc__ned tract.
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3eg4_:ring at the intersection of the south lone of the sou
thwest
=uarter of the southeast quarter with. the easter_y margin
of west
r„
Val;.ey Highway having a rigs angle width of 60 feet,
thence northerly along said road, 423 feet,
thence south 77°11 10" east 166.5 feet;
thence south 28036'46" west, 375.5 feet to the south line
of said
Section 14;
thence west along said section li=e, 187.5 feet to the poi
nt of
begi..ning;
AND EX..- that pcrticn condemned in King County Superior
Court
Cause Nu,.ber 723:.57 for State Highway.
(fecal description, continued)
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LEGAL ccnt-4=1zed:
That ^cr__cn of z.he south half of the southeast a,.;ar _ of
Sect_cn _4 cwnsh_p 21 North, Rance 4 East, W.M. in~King County,
Was:._ tc^ lving sc;.therly of Primary State .__5hway No. 2 a=d
east ~y cf west Valley .._c :way;
E.XCZ south 30 feet;
AND 3:~CE.T the described tact.
3ecinninc at -tne _ `ersect_cn of the south line of the southwest
auarter the southeast =%_a=ter of ^e easterly -mar=4n _ of West
Valley ^way having a rig:= angle width of 60 fee-,
once :e=_y along said road, 423 fee-,
:en=e sc,. 77 10' east 15i.
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hence sc;.tz 28°36 -;6' Nest, 375.5 -feet to ::-e south line of said
Sact_ 14 ,
-!en=e west alc-r, said se=__c= line, _87.5 feet to the _ of
beci.
e'NM =•Y~~'-.= = -ha= ccrt_.,. ` as for State ._c'^way in King County
Suer_..._. Cz.._t :a•:se Nu-.-er72^:045.
?ARC-EL
That 7c: tic of he south half of the scut-east g:.arter of
•
Sec n 14
Towns 21 Nerth, Range 4 ?ast W. M. in Xing C.a:_ty,
~
Washington, lying scuth:er_y of ?rina_v State _Eghway No. 2 and
easterly of West Valley Highway, desc=ibed as follows:
Sec- n.._':7 at the _ `e=secticn of the south line --f the southwest
c•;a=te' _ of the scut .east auarte= of the easterly ma=g__. of west
V
V
a::_ey -hway a right angle width of
50 feet,
thence -.c=he=ly along said _cad, 423 -feet,
tzence scu 7701111011 east 165.S feet;
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thence scut: 28036'46" west, 375.5 feet to the south line of said
Sect-cr. 'A
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on __:e, _87.5
a west along said sect
eet to porn= of
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begin._^.C;
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EXCE?T the following described ~crt_on.
That ac=ticn of the southwest crzarte= of the southeast qua=ter of
S
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i
ect cn 14, Towr_sh
z 21 North:, Range 4 East, W.M. in K
ng County,
Washington, described as follows:
Segi ng at the ate=sect_ of the sout westerIt 'line of ?=ima_^y
State si :way No. 2, as estab__shed my _nst ~menz recorded under
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Reccrdi^g
Nu.:.ber 4641164, with the easterly line
of Nest Valley
Kin .way :avi,n r_,, a right , angle width of 60 fee•- ,
(le=a-* desc=__ ion, .._..z_: ued)
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LEGAL ccnzinued:
the-.._ scut :westerly aycng said easterly line on a curve to the
dente- C2 which bears _..._=1 b7°25 34" west, 1940.08 feet,
a_n arc -_stance of 181.10 feet to ~a =cint of reverse cu=-,re;
hence scut westerly along said curve to the left raving a radius of
20 feet, an arc distance of 30.92 feet to a pci:_ of tangency;
^enc_ south 50039'4C" east, 130 =eet•
t'^.en=e sta 250:6138" east, 233.59 feet to the sout_erly line of
said?r_:mary State ?i7;.way No. 2
-hence _crzh 2302013011 west alcng said soul er_y line, _50 feet to
the pcint of becin iag;
AND X!_ ?T that oc tfor. of the southwest caa.rter of the scutheast
crar-__ of Sec_ cn '_4, C'ownscip 21 Ncrzh Rance 4 ?ast , W.M., in
3Ci- g Co....-y, Was::_ngton, descr_red as fcl'_cws
3e^ n__ at the scut..east _ r-er "f sa_d Sect i=n 14
8902,7312511 west alv-y =m _'e sc:._: erly line of said
sect_ a distance of 1986.18 feez to its intersection w--;=h the
easterly -ar of west Val_ey :way;
_^_.'30°41'28" east al ng said ma=gin, a A__stanc of 187.95
feet c the true point of beci _
t=ence along said 'margin ncr_.. 30041'29" east, a distance
of 130.00 feet,
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scut!: 59001124" east,
hence scuth 30041-128" west,
150.00 z_et;
t` ^ce nor_. 59001124" west,
acs of becinaing;
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that ocx cn thereof
=XCr?_ that =cr_ cn taerecf,
Nu per 8709221-82.
a distance of 150.00 f t
ara_lel to said marg_n, a distance of
a distance of 150.00 feet to the true
wi_min West va'__ey -_g :way;
as cc.. eyed to the =y .f Auhu_-n. uwder
_he _th 12 feet of :at -,Dc= cn of .._-.west csarte= of the
acrzheast a-uar-er lying east of Wes: Valley Highway ~ having a right
a- w:.._.. cf-b0 feet in Secticn 23 .owns: ~pr21 Nert^, Range 4
East W.M. in Xing County, was: :ct,._
3X ='2r that portion candemzed fc State way in King County
Sumer_.._ Court Cause Number 726045.
(lecal descr:pti-_=, . ..___.wed)
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That =cr cn of ^e nc_ _ ;west tarter cf the no='-east czar ter of
Sec 23, Tcwrs* im 21 Ncr,h, Ra==e 4 East, W.M. King C==. v,
was: _ _tcr., descr__*-ed as follows.
Se^___._-:g at the ncrt. east cc=er o Sect cn 23;
thence scuth 99015811-511 west along the north 1. of said Sect_cn 23,
a __sta:.ce cf 1315.54 feet to the subdivision corner;
thence south 00421211- west 12.0 lee- to the line poi.-.t of beginning;
thence south 0042'21." west, 630.50" feet
then south 99055 west _1045.38 feet to easterly line of West
Valley -wav :av_ a _ - an =-'e width cf 60 feet,
::C' 30001 east all SEZ.=east___v __n°_ of said
~g.'aav, 511 .22 fOet
=-en__ 39 °5e" _5" east 263.:6 feel
^en.._ ~t _ 0°01 45" west 208.71 feet to a :c____ _2.0 feet scuth
c` nc-__.li=e of said Sect_ca 23
thence _t.. 89°5d 15" east tiarallel to tze north line cf Section
23, a __stance - =28. feet to the r-ae point cf
_X that =crt__.. r_=denned f^_ State _._g :way i= 3i :g Courty
Su=e- _ Court CauseN::ruer 726043
AND iXC__T :at _ within the West Valley _._g :way (SR _a_) .
Beginning at
the tersecticn of ='---e north line of the scuts half of
:e nc=h hal
ct the northeast cc_ar-er cf Sect cn 23, Tow-shim 21
North, Rance
4 Sast W.M, - Cci.:r.ty, Wash-ngt=r., with the east
l ne ..f west
Val -v .wayzav_= a __g t anc_e width of So feet;
1~
thence north
880581 00'
east along the ._.._th line cf said
su.!~divisior.,
650 fee^
thence sour
0042'00" west 253 feet;
thence sc:. h
98053'00" west to the east line of said highway;
thence ncrtherly along said east
l4 lace t the ace cf begi:;.ing;
-
S=77 that ==tic n mveved t e State for -highway by deeds
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_^o" _ under Reco- =g Num.. Ders
56"3759 ar.d 666--858';
'
AND -.YC=?T that mcrt_,... within west *Valley Highway (SR 181.) .
PARCE
L
Beginning at
the a =section of the north line of the south half of
t:a ncrts half of =crtheast cuarter of Section 23, Townshia 21
o
Ncrth, Rance
4 =ast,
W.M. in Ki^c County, Was:~t=n, with the east
1-4-e of west
Valley -;way nav,nc a Y__g: anclewidth cf 60 feet,
then north
88058100" east alcnq the».._th line of said
S'v~C v_S c:i,
1,157 fee^,
(1 _a1 descr__ , ccnt_zued)
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LEGAL CSSC~_~TTON, continued:
the.^.ce south 20043100" west, 709 feet,
thence south 002510011 west, 1G8 fee*
Hence south 87°01'00" west, 590 fee"
t= _.=e south 004210011 west 150 feet;
the nc°_ scut 870011,00" west to tae east line of said highway;
^.e- _ ncr=herly along said east line to the Point of begin^_....g;
F..XC'z=T t .hat wort-on thereof described as follows.
3eci.___-g at the northwest ce_^__er of the here- nabcve described main
tract,
thence .__-th 880:8100" east along, the north line of said :Hain tract,
650 =ee-
thence sc:.th 0042,0011 west, 343 fee=
^en__ sc_- a805a 00" west to zne easterly margin said 'nighway;
thence .,,ether-v alo nc said easier-v r,.a.rg_n to the _ lace of
beg.--
AND = .hat ccr.___Cn desc_-:ed as ...^.1-,^,ws .
Seci_____ at the southwest _4-per of the above described main parcel.
thence north 8700110011 east 200 fee-
thence north 0302315411 west 99.55 feet;
thence north 87001 00° west to the east margin of said highway;
thence southerly along said -mar- to the Pc__ of becJ__=ing;
AND aXCr--T -hat Pcr-ion conveyed to the State for highway by deed
recorded ..hider Recc-.._-g Nummers 66661-898 and 5603760.
?ii~C=T M
~qq
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That ac-t-cn of the northeast :ar°er of Sect + 23, _cwns::ic 21
North, Rance 4 last, W.M., King County, Was:ingtcn, described as
fellows:
Ccmr..en4 ^_g at the intersect of ,..e north line ot. south half of
t'--- north half of said northeast guar re, of said Section :23, with
east r'-y margin of west Valley Highway having a right angle width of
50 feet; -
thence .th 88058'00" east along said north line, a distance of`
1_57.00 feet;
t:e..ce scuth20°43'00" west a distance of 709.00 feet;
thence south 00025100" west, a distance of 158.00 feet;
thence south 87001100" west, a distance of 590.00 feet;
thence south 00042'00" west, a distance of 160.00 feet;
thence south 87001100" west, 511.70 feet to the easterly margin of
said West Valley Highway and the t=.ie Point of becin 'ng of the
tract herein. described;
(ccnt_nL'ed)
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theme mcrth 57°0.1'00" east 200 feet;
t. en ce nor= 3023 54" west 7.99.8.5 ;°e*
~ence sc;.__. 87001'OC" west, 200 feet to the easterly line 01. said
--::=way;
thence along said easterly line, 200 feet to the trae
pcinz of begi.._._-:c.
P RCZ~ N:
That =crm_cn of the ncrt_ half of t: a ncrt :west quarter of the
n^ theast .la`ze` of Section 23, Tow.-s:_0 21 Ncr= : Ra:_ye 4Sast,
W.M., in KVng County, was _ngton, described as follows.
3eci_._ng at the ncrtheast ..crier of said Section 23;
thence south 890:58-15" west along the no= -h 1_ne of said Section 23,
a distance of _15.34 feet to ~ he _/'_6th sect___. corer;
scuzh 0042'2111 west _2~00 feet
t. e.n south 89°c6 _t" west za.r3_lel w'-=h said _h line y
bec i _
Sec___^_. 23 a c_sta"_ _ 32s.. fee- to t- he ue _ of
t`'enceSC. 0°0: 451,east 208,7:°eet
..__.c_ 89056-1511 west 2669 08 feet to :e easterly line of
west valley ~ :way having a right _.angle w=_ of 60 fees
fence north 30001'15" east a_czg sa=d easterly line, 241 12 feet to
a pc_nt from which the true pc-nt cf hec-_ =_.nsr .pears north 89°: 8 15"
east;
thence north 89058,15" east, _48.34 feet to the =poi.._ of
h^e-_': _ng;
E1CC-- that pcr ic: ccn veyed to Was::-f:cton State H ^hway Ccmmiss-cn
oy ^eedrecorded u:_..__ Recording Nu.:.cer 710208C383, being described
as follows:
:_`.at _ _icn of the nc_ _ half of t e ncrt_ west cuarter of the
northeast ,:ar=er f Sec- 23, Towrs: in 21 Nor= Raise 4 East,
W.M., in K^.g County, Was: ~ gt..., escri!zed as follows:
Seci..._ing at the northeast corner of said Sec- cn 23
thence north 89025'25" west along he ncr=: 1 ,e of said Sec-ion 23,
a ;stance of 1316.04 feet to the 1/ 16th section .ho`ne`,
thence south 0:009130" west 12.00 feet
thence north 89025'25" west ~parallel~with said north line of Se=cicn
23, 528.65 feet;
t-encs south 0034'35" west 208.71 feet;
-he-ce me=th 89025'25" west 234.27 feet to a fine drawn parallel
with and 50 feet southeasterly when measured at right angles to the
West valley 3ichway centerline of SR 167, Atr.u.-~, 17th Street
Southwest to South 225th Street, the ..fie mci of beg4=ing;
thence cont_-:ui^g north 89025,25" west, 34.36 feet,
thence north 30°41 28' east 241.29 feet
thence south 89025 25" east to said southeasterly margin, a distance
of 34.668 feet;
thence south`: 3004112811 west along said sout^easterly margin, a
distance of 241.28 feet _c the t=ie _ pzint c_ bec_=_ng.
MIND OF SC E E A
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EXH~3IT B
That portion of the J. Brannan Donation Claim No. 38 and J. A. Lake
Donation Claim Nos. 38 and 41, in Section 12, Township 21 Nor`..h,
Range 4 Eas-, W.M., in King County, Washington. described as follows;
Beginning ar_ the southwest corner of the north half of the J.
Brannan Donation C'_a= No. 38;
thence east along the south line of the north half of said Donation
Claim 500 feet;
thence north parallel to the west line of the J. Brannan Donation
Claim No. 313 and said West line extended north 1,400 feet;
thence went parallel to the north line of the J. Brannan Donation
Claim No. 313 to the east line of the Burlington Northern Railroad
right -of-way;
thence south along said railroad right-of-way to the south line of
the J. A. Lake Donation Claim Nos. 38 and 41;
thence east along the south line of the J. A. Lake Donation Claim
Nos. 38 and 41 to the northwest corner of the J. Brannan Donation
Claim No. 38;
thence south along the west line of the J. Brannan Donation Claim
No. .38 to the point of beginning.
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EXHIBIT C
The land referred to in this commitment is situated in the county of King, state of
Washington, and described as follows:
Portion of the Southwest quarter of the Southeast quarter of Section 14 and a
portion of the Northwest quarter of the Northeast quarter of Section 23, all in
Township 21 North, Range 4 East, WM., King County, Washington, more
particularly described as follows:
Commencing at the Northeast corner of Section 23, said corner being also the
Southeast corner of Section 14, whose position is marked with an iron pipe, one
and one-half inches in diameter, thence N 89" 29' 52" W along the line common to
Sections 14 and 23, a distance of 1525.61 feet to the West margin of State Sign
Route 167 and the true point of beginning; thence along said West margin for the
following three courses, S 2" 13' 32" E, 204.29 feet; thence S 20" 21' 04" W,
351.26 feet; thence S 24" 17' 42" W, 141.68 feet; thence N 89" 33' 54" W, 376.49
feet; thence N 28" 57' 53" E, 755.90 feet to the line common to Sections 14 and 23;
thence continuing; N 28" 57' 53" E, 100.10 feet; thence S 84" 52' 59" E, 131.98 feet
to the West margin of said Sign Route 167; thence S 2" 13' 32" E, 77.48 feet to the
point of beginning.
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EXHIBIT C
j•fi ~ ] hi 'di.~~!~~!1 ,\`1?t11' i~~ i..-yl~,~:--.-._..-r---•-,~:r
y"~`~. .f• I LPL \~+,'w . ~
lo-
' r, art y 1 fi T'.i f
r~~ 'i f 1 1
slow
`+r, I 14 ; I _ iw i r t 'f~7! 1 ' / t •T F
Il I `1 r A L r r
f 1 I •*n / I aYt11~/ 'i ` i $ /y~ f /-lJ i
WETLAND EASEMENT
GQEDEKE SOUTH SITE
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EXHIBIT D
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1-07.18(1) General
'be Ccr.t'actcr si•.all obtain and maintain in full force and eff ;c Await Date to the
Co=ictiea Dace, public liabiiiry and rrcpc^y d=zgc imz-= .._e with irs•,xonce coxpnaics
or =rough sour--=s app:Oved by the St= irs•. r~c Corn-:moaner ptt`suartt to 'ilt 43
RC .v.
When he Contractor d::-Livers the-^l:ICa C.=roc: or the Work to the Conu=ting Agency
it si=dl be a,=ompz ied by a Ce: :.csLC of Insumnae (or a Certi =t: and 31nd-z) for a
pr~aj policy a: Compr..-temmve C-cne31 Liability st•sn^~~- m=- ng the sera
for. lh=..:nzAcr. inc sst rail pciicy providtd must be on a p~ Cc::=.--:I= psis; no
claim made policy will be ac--erptrd. The :r.SL:.-,.nom Provided mrst be with am insw~snce
==;:=y with a Hest rating of 3+7 or equival=L Tnc Conmuz::ag Agca,:y reset-.- the
right to zrp rove the sc:--- rty of the inm=cc provided. :he ce:npany, te= =d coveram:,
and :he Ccrt- icatc os t.~sr^s:w. ' ailure of the Corurac:or to --LIly cat.••.ply c:' g the tcrM of
tha COl..wf:V« with "h^rse :eouir:menis will be corsidcred a ~.aTw al b:r^..:: of cc:Ttrt and
shall be cause for irnrrediare ter:ninezion of the Conroe: at the option of the Con--mctng.
The policy of i:t--ur? ce shall spe.ificaily name tae Caa: .:.Zg Agency ad any other entity
spe--;4 ally required by the Contract Pmvisions as an addhinnal issuretL Trs Conu=inr
-Azerc r small be given ZO days prior wrirw. notice of any cedars= Tedscrion or
" di.il"" on of the irsur,.nc:.
'ihe Cc----zror shall not begwn worts uad= the Conrmcl. w2til the required insurance has been
c.-Mi.--d and droved by the Cc=--z^tng Ag=cf. :rsu-ars a shall provide =varagc to the
Cantror, all subcoa:"ac.ors, and the Cor cling Agency. ine~ euvm-jge shall protest
aS nst ctei=s for Ye-monal inj=icz, 'T:.:'udizg ar.: drrMl deetb, as well as claim... 5r
pmpp. damages which may =sc from :Try act or omission of 64he Contramor or the
subconmac-,.or. Cr by anyone dir-,.:.iy or = rmt;v eazployed by of :b.m.
UF= -=UC9t, the Ccntrxc;ar shall :orwar: zo the Canuac.:--S Ag=cy the original policy!, or
cado:s:at Ol7talIItd, to a Carr.:a,^•.or's woiicy -•.:.•ztfy in :c-c.
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1-x7.18(2} Coverages
The insurance shall provide the minimum covemgcs sct ;orth below:
I-t17.18)A Standard
a_ Extended Bodily Ittjwy
b. E.-aployeas as Addironal Insnrod
C. Preraises'Opcratiom Liability (M&C)
d. Own= and Contractors Protc--tive Liability, as i ncl used within a stancara
commercial general liability policy
C. Products and Completed Op=tions Liability (through guarantee period)
h_ Personal Injury, zz--luding rov--rngcs A, B, C, with no employ-c- =.1usiQ31
1. Stop Gap or Employe= Contingent Liability
j. Autamobile Liability. iriciuding cov=age for owned, nonowmed, leased or
hired vcaicles
( •k a-plosion, Collapse, undcrg,ound Dfc-nage (X.C.U.) :s appiicable
U9
~ 1-0 7.M2)$ Special
If the canaac: rcquirrs working over vn=, the follov4iag 2: disorial des are regn:zed:
0 a. Weft-.-aLL owned and non-owned
0'?
b. U.S. H=1=rwoiCx='/Langshc:zmen and Jones Act
Otht~ additional coverages that may ba TequL-ed will be listed in the Contract Provisions.
Whey tha use of axplosivcs is nec_•ssary for the prose-ution o; the Work„ t'rc Contractor's
insmmrica shall contain a special cim se p--irdng blasting.
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1-07.18(3) Limits
a. All coverag= czmioined single limit:
$1,000,000 per oc-.urence, ao deductible;
Providing coverage in thcac stated amounts s:, I not be con=ned to r Ucve the Qmtrac;=
f== liability in excess of su limits.
1-47.1$(4) Evidence ofInsurnnce
The Ccntractor shall provide cvidencc of insu=.e by one of the following mathods:
I . A Cam: ate of insu. nee mwy be submittcd which canfbr= to the following
requirements:
a. Nc.^._s th-- Contrac:!ng Agency as an addhioaal insturd;
b. Contains the appropriate amount and types of coverages which are
specified by th.: Coate
c. Does not contain tiir following or similar wording: "This CertM-cure
is i.3=d as a =a=. of infarrnadon only and confers no righm upon
the C--.-iifiea= holder";
d. Provides fer c anctilation notice to the Contracting Agency of az least
20 days;
C. Does not contain the following or similar wording regarding
r...ncclleticm noaficadon to the. Commming Age=3r "Failtrr to mail
such notica shall impose no obligation or liability of any kind upon
the::.: many,"
2. A completed Acorn form #25 (or equivalent) may be submitted wiaich
conforms to the following czgai.-ts:
s. The wurdi g at the top of the form. "Phis Certificate is mitucd n a
=a= of information o=ly and confers nu rights trp-in the Certificule
holder," =ust be drle and in its enti~;
b. The wowing at the bottom of the Acord form, "Should any of the
- above de=ribed policies be cs =clcd befnrc the expiration Moan
th_--eof, the issuing company will endeavor to mail drays written notice
to the b:1ow nor;,: a C=ificatc hold-r, but fail= to m$al such notice
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shall impose no oblizatio_-a or liability of any kind upon rlie company,"
shall be c :cnged to n=d "Should a.ny of the above desrribcd policies
be cancclcd or as to coverage before the expiration data
thc:rof, the issuing company will mail 20 days written. notice t1) the
Certific:ate holder, (the Cont vatting Agency), the t3=cd additional
insured, by czni:ied tn2 I';
c. The Contracting A;c::cy is :tamed as as additional insumLd;
d. The appropriate amount and types of coverag:.s speed in d:.e
Cont.-act arc contained thcrcin.
Any wording crossed out mar be initialed by \he a.gcnUbroker.
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3. A corr_pleted Acord for^ '.25 may be st bmirr-ed withcut the changes
described in (2)(a) above if ::use Acord forth is accompanied by a complctxl
' n~+a tie, .nt nam=g the Con. ang Agency as ar additional insured and
containing the i= red's m me and policy number, and signed by a duly
authorized agent/brokc:-. The char ,es desc-ib:d in (2)(b) abov.- must he
made on the Cc.-tiucatt of Immn-ance. Any wording =ssed mit must be
i,nidalcd by the agc %V*mk::.
4. A co=oleted Acard form 25 (or equivalent) may be submitted without the
changen d=c-nocd in (2)(a) ^bovc if it is accompanied by in h==cc Biadzr
(Acord #75, or equivalent) indicating that the 'Endorsement naming the
Contracting Agency as an ad lido: ai insured is bound with the Certiiicale of
InsLm-aricx (Acord 425). ire Contractor = = submit the Hndotaern--nt prior to
the expiration of the Insurance. Binder. Failure- w rcpla--- a Binder which has
expired may result in a mste:isi brew of the Contract and the Contractdng
Agency, at its option, may stop all work.
The chang.-s do scribed in (w)(b) above must be made on the C--mificate of
Instu-mice and any wording crossed out must be initialed by the ag='brokcr.
5. A certified copy of the instsruce policy may be submitted which shall name
the Contracting Agency as an Add tional Insured.
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