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HomeMy WebLinkAboutParcel_12 Robert Fricks cap: Group
Northwest Diary of Right of Way Activities
❑ Acquisition ❑ Relocation Assistance ❑ Property Management
R/W No.: 10 Phone No.: Owner:
425-235-0336 Robert E. Fricks. et al
Tax Parcel No.: Other: Business:
102305-9277 Teresa George
Tgeorge000@aol.com
Location of Subject: 1160 Duvall Ave NE
Mailing Address of Subject:
1621 Camas Ave NE, Renton WA 98056
Date Activities
11/9/19 Parcel assigned to Sonja Davis, Senior Acquisition Agent, RES Group NW
1/31/20 Phone message left for a call back.
2/3/20 Revived email from the City stating that the owner, Robert Fricks left a message at the
front desk at the City of Renton.
Return phone call to owner requesting a call back.
Phone call from owner, he is an elderly gentleman and stated that he would like to meet
at the Renton Senior Activity Center, since he is there for about 6 hours, three days a
week. Meeting set for 2/6 at 1PM at the requested location.
2/6/20 Early morning phone call from the owner stating that we will have rescheduled because
he was told by the facility that he could not have a personal meeting at the facility. Also,
the front office person had looked up my name at the City of Renton and was not able to
find me as a City employee. I explained that I was an outside consultant working on the
project, I told him that I would call the facility and explain who I am and provide them
with a phone number of the project engineer from the City.
I encouraged him to ask his adult children to join us for the offer meeting and he agreed
that would be a good idea and will get back to me.
Phone call to Renton Senior Activity Center and spoke with Debbie Litter, facilities
manager, she was very understanding stated that after she had heard what the front desk
had told Mr. Fricks, she had made arrangement for him to hold the meeting in the
conference room and apparently there were some hurt feelings and he declined. She said
I am still welcome to schedule another meeting at the facilities with Mr. Fricks, if he is
agreeable.
2/7/20 Phone call with owner, he said he's left messages to all of his children to see if they join
in on the offer meeting. He will call me to let me know who and where we will meet.
2/8/20 Phone call with owner, meeting scheduled at subject location, his grand-daughter lives at
the subject property, at 1PM on Monday the 2/10.
2/9/20 Phone call from owner confirming our meeting. (he couldn't remember if was at 11 or
1PM)
2/10/20 Offer meeting with owners Robert E. Fricks and Robert E. Fricks Jr. (Bobby) at subject
property. The property is currently being rented by his grand-daughter Hannah and her
husband Kyle, who was also at the offer meeting. After a brief introduction I described
in detail the scope of the project and Temporary Construction Easement (TCE)
pertaining to their property. We walked the property frontage and show them
approximate area.
Once we were back in the house, I presented the City's offer of$4,900.00, consisting of
$1,522 SF of land in Temporary Construction Easement. I explained to him the $750
statutory evaluation reimbursement by the City if they choose to have the offer reviewed
or evaluated by a qualified professional. Mr. Fricks Jr. was concerned if the offer
amount was adequate and asked how the City came up with the valuation. I explained
that TCE on their property is needed to provide additional work area for the contractor
and typically rate of vacant land rental rate is used on a market land value. For his
property the appraiser concluded that$20 per square foot was in order.
I inquired about the vesting and Mr. Fricks senior stated that he owns 50% interest, and
his five children has 10% interest each. I asked if they all live in the area and he replied
that he and his children get together once a month to have a meal together and he can
have his daughter make arrangements to get everyone together to sign. The meeting
adjourned shortly after, Mr. Fricks said he'll have his daughter, Teresa look over the
paperwork and if she is fine with it, he will be in contact. I asked for Teresa's email that
way I can send her the offer packet electronically for her review.
2/11/20 Email sent to Teresa George, Mr. Fricks daughter and part owner to the property.
Good Morning Teresa,
My name is Sonja Davis, a right of way consultant for the City of Renton on this Road Project, as you may
of heard I heard I met with your father and your brother Bobby yesterday afternoon at the property, 1160
Duvall Ave NE. The City is planning to make improvements to the portion of the Duvall Ave NE from NE
4'h Street to NE 10"Street, they will be repaving the road and making addition safety improvements at this
time, and the City's contractors will need 5feet strip along Duvall Ave NE as a work area. The City of
Renton is seeking a Temporary Construction Easement from the property. Below is the link to the City's
project.
https://rentonwa.gov/city_hall/public works/transportation systems/projects and programs/duvall ave n
e pavement preservation_project
At the request of Mr. Fricks 1 am enclosing following documents for you to review and distribute amongst
all the owners.
1. City's offer letter(signed)
2. Temporary Construction Easement(please confirm individual Grantor's names)
3. Payment Voucher
4. Instruction for Disbursement of Proceeds(I was informed of this yester,please confirm)
5. W-9, all individuals receiving payment will have fill one out, so the City get set you up as a
vendor to make payment. (under$600,you will not receive a 1099-S at the end of the year)
Reply email from Teresa stating that she will review and get back to me.
2/12/20 Phone call from Mr. Fricke letting me know that I had left out name in the TCE
document and also to ask if I knew Tim George, he stated that Tim is his grandson and is
the City attorney for the City of Des Moines. He said that he reviewed the offer packet
and told all of them that I was a straight shooter and approved the offer packet for them
to sign. I thanked him and told him that I will make the necessary revisions and email it
to Teresa.
Email sent to Teresa with revised TCE.
2/13/20 Email reply from Teresa stating that they can meet 2/19 at 11:30AM at the "Maggie's on
Meeker" in Kent to sign. Everyone who needs to sign will be in town for the monthly
luncheon. Signing meeting confirmed.
2/14/20 Email sent to Teresa to let her know that we will have to postpone the meeting because
after the City's Project Utilities meeting yesterday, they realized additional utility related
issues came up. They are working through this as quickly as possible, but they are
uncertain if this will change the acquisition on their property. I told her that I will be in
contact as soon as I hear the news.
4/29/20 Email and phone call to Teresa to let her know that additional acquisition on the property
for the purposes of accommodate a PSE vault with a protective wall in permanent
easement on their property. A revised offer was presented to her and the family via
email, due to Covid-19, meetings in person was being discouraged.
The revised offer was for $10,300, consisting of$2,680 for 268SF of land in Right of
Way Easement, $6,534.40 for 2,042 SF of land TCE and $1,000 for one tree withing the
easement area.
Following documents were emailed to her.
1. Revised offer letter
2. Purchase and Sale Agreement
3. ROW Easement
4. Temporary Construction Easement(TCE)
5. Voucher
6. Instruction for disbursement
7. AOS packet
8. W-9
Teresa said she will distribute the documents to her brother and take a copy over to her
dad.
5/7/20 Phone call with Mr. Fricke Senior, I went over the revised offer in detail. He confirmed
that he was fine with the offer and asked that I plan with his children to sign the
documents in the days to come. I made a signing meeting with Mr. Fricks at 12PM at his
residence in Renton.
Phone call with Teresa and made an appointment at 11 AM at Chick-fil-A parking lot in
Federal Way. She and her brother Ron will be there to have his birthday lunch there.
5/8/20 Signing meeting with Teresa George and Ronald Fricks at the Chick-fil-A parking lot,
32025 Pacific Hwy S, Federal Way. They executed their portion of the P&S, ROW
Easement, TCE, Voucher, instruction for disbursement, and provided a signed W-9s.
Signing meeting with Robert Fricks Senior to sign the conveyance documents at his
residence in Renton, I visited with him out in his front yard, where he had set up a lawn
chairs for our meeting. He executed his portion of the conveyance documents and I bid
him good health and for him to stay safe in the time of Covid-19.
5/12/20 Phone call with Ray Fricks and mailed his packet via USPS with signing instructions. He
resides in California and he said typically he visits his dad once a month but due to Covi-
19, he has not been able to travel. Phone call with Bob Fricks and made a signing
appointment for 5/19 at 10:30 AM in Auburn at his residence.
Phone message left with Richard Fricks for a call back.
5/14/20 Email send to Richard Fricks trying to coordinate a signing meeting.
5/18/20 Text message from Richard and signing meeting scheduled for tomorrow at the Galilee
Baptist Church, in Kent, he is a pastor.
5/19/20 Meeting with Richard Fricks and he signed his portion of the conveyance documents.
5/29/20 Phone call from Ray Fricks confirming that he mailed signed documents and I should
receive it early next week.
6/2/20 Received signed documents from Ray Fricks from California.
6/11/20 This file is considered complete and transmitting original signed documents to the City
for payment and recording.
I hereby certO, that the written instruments secured and forwarded herewith embody all the considerations agreed upon
between me and the property owner; agreement on said instruments was reached without coercion,promises other than those
shown in the instruments, or threats of any kind whatsoever by or to either party; I understand that the parcels are to be
secured for use in connection with a Federal aid highway project;I have no direct or indirect present or contemplated future
personal interest in the parcels or in any benefit from the acquisition of such property.
Sonja avis Date
•VGroup
Northwest
Acquisition and Relocation Services
May 12,2020
Ray Fricks
2 Alta Hills Way
Laguna Niguel, CA 92677
RE: City of Renton
Project Name: Duvall Avenue NE
Tax Parcel No: 102305-9081-09
Dear Mr. Fricks:
Please find enclosed documents for your signatures. Once signed and notarized,please mail back
in enclosed prepaid envelope.
1. Purchase and Sale Agreement(signature and notarize)
2. Right of Way Easement(signature and notarize)
3. Temporary Construction Easement(signature and notarize)
4. Instruction for disbursement of proceeds(signature)
5. W-9(fill out the highlighted sections and sign)
6. Vendor Setup(fill out the highlighted sections and sign **fund will be deposited
electronically)
Please don't hesitate to call or email with any questions.
Sin ,
Davi
Senior Acquisition Agent
sonja(ciresgnw.com
425-577-2184
1913 6th Street,Kirkland,WA 98033-624 S Lander Street#202,Seattle,WA 98134-■ ph.206-457-5681 11 www.resgnw.com
Sonja Davis
From: Teresa George <tgeorge0000@aol.com>
Sent: Thursday, May 7, 2020 10:16 AM
To: Sonja Davis
Subject: Phone Numbers for the Fricks Clan...Renton Duvall Property
• Ray Fricks (CA)255-1326
• Richard Fricks (his email is the willowrose email)253.250-5442 (his message box is usually full, may need to
text/email)
• Ron Fricks 253-332-4095
• Bob Fricks, Jr. 206 940-4383
• Teresa George (aren't I blessed with this group of brothers!)253 315-1553
• Robert Fricks, Sr. 425 235-0336
Ron & I are having lunch in the parking lot of"chic fil-a"for his birthday friday (tomorrow) at 11am. If you want to find us
there, you can kill two birds with one stone, and have lunch in your car!
Teresa
1
/
Sonja Davis
From: Teresa George <tgeorge0000@aol.com>
Sent: Thursday, May 7, 2020 9:47 AM
To: Sonja Davis
Subject: Fwd:City of Renton Duvall Ave NE Project
Also, Sonja, I forgot to ask you,we have renters in the house. They were there when you met at the house and went over
some things. Is it pretty much the same for them? I'm not sure what info to give them, if you have a start date or
anything?
Thanks!
Teresa
Original Message
From: Teresa George<tgeorge0000@aol.com>
To: robertfricks@comcast.net<robertfricks@comcast.net>; rayfricksl@gmail.com <rayfricksl@gmail.com>;
WillowRoseFarm@msn.com <WillowRoseFarm@msn.com>; ronfricks@yahoo.com <ronfricks@yahoo.com>
Sent: Thu, May 7, 2020 9:43 am
Subject: Fwd: City of Renton Duvall Ave NE Project
See below from Sonja. Regarding the city of Renton info.
Teresa
Original Message
From: Sonja Davis<Sonja@resgnw.com>
To: Teresa George<tgeorge0000@aol.com>
Sent: Thu, May 7, 2020 9:38 am
Subject: RE: City of Renton Duvall Ave NE Project
Teresa,
I spoke with Mr. Fricke Sr. and will proceed with signing.
I would like to coordinate a quick meetings with everyone, individually at individual residence. Because these documents
are legal documents requiring notary public(which I am) I will have to witness signings.
I would like to set up appointments for next week, times that are most convenient for individuals. If I could have
everyone's phone numbers to contact them would be most helpful.
Also to provide assurance following social distancing measures will be taken.
I will not enter the residence, I will arrive with face masks and gloves, place the documents to be signed in the
front entry and step back. Once signed,the documents will be placed back on the entry so I can retrieve them.
Please feel free to contact me if you have any questions.
Thank you so much for your assistance.
Sonja Davis
425-577-2184
From: Teresa George<tgeorge0000@aol.com>
Sent: Wednesday, April 29, 2020 4:31 PM
1
To: Sonja Davis<Sonja@resgnw.com>
Subject: Re: City of Renton Duvall Ave NE Project
Thanks Sonja! I'll get this info out to everyone and talk to them in the next couple days.
I'm not sure what everyone's timeline is like, but we are still 'sheltering in place'so wouldn't be able to meet for a notary
until that is done.
Teresa
Original Message
From: Sonja Davis<Sonja(c�resgnw.com>
To: Teresa George<tgeorge0000@aol.com>
Sent: Wed, Apr 29, 2020 9:43 am
Subject: RE: City of Renton Duvall Ave NE Project
Teresa,
Thank you for being patient and I hope everyone is staying healthy.
Project needed to accommodate a PSE vault with a protective wall in permanent easement on your property so the
following revised offer is being made. Please review the offer documents included in this email and let me know if you
would like to have hard copies mailed to you and if so to what address.
1. Revised offer letter
2. Purchase and Sale Agreement
3. ROW Easement
4. Temporary Construction Easement(TCE)
5. Voucher
6. Instruction for disbursement
7. AOS packet
8. W-9
Please don't hesitate to call with any question or clarification you may need.
Thank you,
Sonja Davis
425-577-2184
From: Teresa George<tgeorge0000(c(c�aol.com>
Sent: Friday, February 14, 2020 9:31 AM
To: Sonja Davis<Sonja@resgnw.com>
Subject: Re: City of Renton Duvall Ave NE roject
Ok. Thanks for letting me know. I will wait hear from you on any changes.
Teresa George
Sent from my iPhone
On Feb 14, 2020, at 9:08 AM Sonja Davis <Sonjaresqnw.com>wrote:
Teresa,
I apologize but we will h ve to postpone the meeting for few weeks.
2
Sonja Davis
From: Teresa George <tgeorge0000@aol.com>
Sent: Friday, February 14, 2020 9:31 AM
To: Sonja Davis
Subject: Re: City of Renton Duvall Ave NE Project
Ok.Thanks for letting me know. I will wait to hear from you on any changes.
Teresa George
Sent from my iPhone
On Feb 14,2020, at 9:08 AM,Sonja Davis<Sonja@resgnw.com>wrote:
Teresa,
I apologize but we will have to postpone the meeting for few weeks.
I received noticed that the City had a Project Utilities meeting yesterday and additional utility related
issues came up. They are working through this as quickly as possible with the utility companies but they
are uncertain if this would possibly change the acquisition on your property.
I will contact you as soon as I hear back from the City regarding the outcome.
Your question below regarding the notice,we can provide project notices to Kyle and anybody who
would like to be notified. Also,the area for the TCE is depicted as an exhibit in the TCE document.
I thank you in advance for your understanding and again apologize for the inconvenience.
Sonja Davis
425-577-2184
From:oo<tgeorge0000@aol.com>
Sent:Thursday, February 13, 2020 12:33 PM
To:Sonja Davis<Sonja@resgnw.com>
Subject: Re: City of Renton Duvall Ave NE Project
Great. So far I've heard from all the bros but one, and my dad. So we will get it done! If Richard can't
make it wednesday, he's local, so easy enough to catch up with.
Teresa
my cell phone number is 253.315.1553 if anything comes up. Do you know where Maggie's is? It's old,
but we love it!
We had talked about the possibility of negotiating a little on the fee, just because we had gotten an offer
to purchase the property for a larger sum. But, we don't want to sell, and we don't really want to hire an
appraiser and all that...so we are good.
We also thought about a statement,
• Grantee, its agents and assigns, will notify Grantor their agents, successors, and
assigns, of its construction schedule, and will, to the greatest extent practicable,
1
schedule the construction activity so as to minimize any inconvenience to the
property and tenants.
I didn't see the area that is being worked on. Kyle lives there and didn't think it would be a problem. I
know you work for the city, but I will depend on you for your input? My brothers didn't think it was
necessary.
Teresa
Original Message
From: Sonja Davis <Sonia(a�resgnw.com>
To: Teresa George <tgeorge0000@aol.com>
Sent: Thu, Feb 13, 2020 12:20 pm
Subject: RE: City of Renton Duvall Ave NE Project
Yes,
I can be there next Wednesday, 2/19 at 11:30AM.
Thank you,
Sonja Davis
425-577-2184
From: Teresa George<ttgeorge0000@aol.com>
Sent: Thursday, February 13, 2020 10:55 AM
To: Sonja Davis <Sonia(cr�resgnw.com>
Subject: Re: City of Renton Duvall Ave NE Project
It looks like most of us can meet Wednesday about 11:30 at maggies on meeker in Kent. Can you?
Teresa
Sent from my iPhone
On Feb 12, 2020, at 9:10 AM, Sonja Davis <Sonja@resgnw.com>wrote:
Teresa,
Please find attached revised TCE document to include Robert E. Fricks to the grantors. I
spoke with Mr. Fricks this morning where he pointed that out.
Please let me know if you need any additional information. Also, if everyone is
agreeable to the City's offer I can come by to collect everyone's signature individually or
collect everyone's signatures all at once, Mr. Fricks had mentioned that you all meet up
once a month.
Thank you,
Sonja Davis
425-577-2184
From: oo <tgeorge0000( aol.com>
Sent: Tuesday, February 11, 2020 9:35 PM •
To: Sonja Davis <Sonja(a�resgnw.com>
Subject: Re: City of Renton Duvall Ave NE Project
2
Thanks Sonja! I'll get back to you soon.
Teresa
Original Message
From: Sonja Davis <Sonjaresqnw.com>
To: tgeorge0000(a�aol.com <tgeorge0000( aol.com>
Sent: Tue, Feb 11, 2020 10:28 am
Subject: City of Renton Duvall Ave NE Project
Good Morning Teresa,
My name is Sonja Davis, a right of way consultant for the City of Renton on this Road
Project, as you may of heard I heard I met with your father and your brother Bobby
yesterday afternoon at the property, 1160 Duvall Ave NE. The City is planning to make
improvements to the portion of the Duvall Ave NE from NE 4th Street to NE 10th Street,
they will be repaving the road and making addition safety improvements at this time, and
the City's contractors will need 5feet strip along Duvall Ave NE as a work area. The City
of Renton is seeking a Temporary Construction Easement from the property. Below is
the link to the City's project.
https://rentonwa.gov/city hall/public works/transportation systems/projects and progra
ms/duvall ave ne pavement preservation project
At the request of Mr. Fricks I am enclosing following documents for you to review and
distribute amongst all the owners.
1. City's offer letter(signed)
2. Temporary Construction Easement(please confirm individual Grantor's names)
3. Payment Voucher
4. Instruction for Disbursement of Proceeds (I was informed of this yester, please
confirm)
5. W-9, all individuals receiving payment will have fill one out so the City get set you
up as a vendor to make payment. (under$600, you will not receive a 1099-S at
the end of the year)
Please don't hesitate to contact me with any questions during your review.
Best Regards,
Sonja Davis, R/W-RAC
D: 425-577-2184
Email: soniaaresdnw.com
<image001.jpg>
<12_TCE Revised 2020-02-11 Final.pdf>
3
TITLE SUMMARY
PROJECT TITLE: Duvall Avenue NE
PROJECT PARCEL NO.: 12
TAX PARCEL NO.: 102305-9081-09
OWNERS: Robert E.Fricks,Jr.,Teresa L.George,Ronald E.Fricks,
Raymond E.Fricks and Richard E.Fricks,all as their
respective separate estates,as their interest may appear,and
as tenants in common.
Title Company: Chicago Title Insurance Company
Order No.: 200969-TC
Preliminary Report Date: March 12, 2020
Supplemental No. 1:
Supplemental No.2:
SPECIAL EXCEPTIONS:
1. Subject to: Easement for electric transmission and/or distribution systems and necessary
appurtenances,to Chicago,Milwaukee& St.Paul Railway Company, under the recoding no.
1254827
2. Subject to: Easement for Road,under the recording no. 3244268
3. Subject to: Right to make necessary slopes cuts or fills upon property herein described as
granted or reserved in deed to King County, under the recording no. 6387727
4. Subject to: Temporary water services agreement and the terms and conditions thereof with the
City of Renton, under the recoding no. 8508081021
5. Subject to: Landscape buffer agreement and the terms and conditions thereof with Interstate
Mobilephone Company, d.b.a. Cellular One, under the recording no. 9801140580
6. Subject to: Easement for vehicular and pedestrian ingress and egress,and utilities to GTE
Wireless of the Pacific Incorporated, under the recoding no. 20000614000639
7. Subject to: Easement for right of access and to install and maintain utilities,to Seattle SMSA
Limited Partnership d/b/a Verizon Wireless, under the recording no. 20141219000095
8. Subject to: Covenants,conditions,restrictions,recitals, reservations,easements,easement
provisions, dedications, building setback lines, notes, statements, locations of improvements in
relation to property boundaries and other matters, if any set forth in a recorded survey under the
recording no. 9707259002
9. Subject to: Covenants,conditions,restrictions,recitals, reservations, easements, easement
provisions,dedications, building setback lines,notes, statements, locations of improvements in
relation to property boundaries and other matters, if any and set forth in a recorded survey
under the recording no. 9804159002
10. Subject to:Notice of possible(present or future)tap or connection charges levied, or to be
levied by the City of Renton under recording no. 8612031455.
11. Subject to: General taxes(Easement Acquisition only)
12. Subject to: Unrecorded lease with certain terms, covenants, conditions and provisions set forth
therein as disclosed by the document, Interstate Mobilephone Company d/b/a Cellular One, •
recorded under the rerecording no. 9403170694, amended under the recording no.
20141219000622
13. Subject to:Unrecorded lease with certain terms, covenants, conditions and provisions set forth
therein as disclosed by the document OneComm Corporation,N.A., a Delaware corporation,
d/b/a Nextel Communications, under the recording no. 9702261309, assignment of lease to
Tower Parent Corp., a Delaware corporation under the recording no. 20020920000742,
assignment of lease to Tower Asset Sub,Inc., a Delaware corporation under the recording no.
20020920000743, agreement to amend or modify to American Tower Asset Sub,LLC, a
Delaware limited liability company under the recording no. 20080529001975, assignment of
lease to American Tower Asset Sub,LLC,a Delaware limited liability company under the
recording no. 2009102002088, deed of trust,assignment of leases and rent under the recording
no.20091020002098, assignment of beneficial interest under the recording no.
20110527001443,20110527001444, and 20110527001445,follow by UCC filing under the
recording no. 20091020002099
14. Subject to: Unrecorded lease with certain terms, covenants, conditions and provisions set forth
therein as disclosed by the document with GTE Wireless of the Pacific Incorporated,a
Delaware corporation under the recording no. 20000614000638,assignment of lease to GTE
Wireless of the Pacific Incorporated,a Delaware corporation under the recording no.
20020524000346, assignment of lease interest to Crown Castle GT Company LLC, a Delaware.
limited liability company under the recording no. 20020524000347
15. Subject to: Unrecorded lease with Seattle SMSA Limited Partnership d/b/a Verizon Wireless,
under the recording no. 20141219000095
16. Delete: Any other unrecorded leaseholds and subleaseholds,right of vendors and holders of
security interests on personal property installed upon Land and rights to tenants or subtenants to
remove trade fixtures at the expiration of the terms.
17. Delete: informational note
•
SUBDIVISION
Guarantee/Certificate Number:
Issued By:
CHICAGO TITLE 200969-TC
INSURANCE C COMPANY
•
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
Parametrix, Inc.
herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A
or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of
reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount
set forth in Schedule A.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you
wish additional liability, or assurances other than as contained herein, please contact the Company for further information
as to the availability and cost.
Chicago Title Insurance Company
By:
Chicago Title Company of Washington
1142 Broadway, Suite 200
Tacoma,WA 98402
• President
Countersigned By: �� �°"" �� Attest:
QO vpPPORq,�
SEAL9- ‘216ret
Authorized Officer or Agent
°*:...� Secretary
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 1 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 200969-TC
_ ISSUING OFFICE:
Title Officer: Rob Hainey
Chicago Title Company of Washington
1142 Broadway, Suite 200
Tacoma,WA 98402
Fax: 866-671-3908 •
Main Phone: (253)671-6623
Email: Rob.Hainey@ctt.com
•
SCHEDULE A
Liability Premium Tax
$1,000.00 $350.00 $35.70
Effective Date: March 12, 2020 at 08:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property: •
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
Title to said real property is vested in:
Robert E. Fricks, Robert E. Fricks, Jr., Teresa L. George, Ronald E. Fricks, Raymond E. Fricks and Richard E. Fricks,
all as their respective separate estates, as their interests may appear, and as tenants in common
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
END OF SCHEDULE A
•
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 2 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
EXHIBIT "A"
Legal Description
The North 275 feet of the West half of the East half of the Northeast quarter of the Northwest quarter in Section 10,
Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington;
EXCEPT the West 42 feet thereof conveyed to King County for 138th Avenue Southeast by deed recorded under
recording no. 6387727.
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 3 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 200969-TC
SCHEDULE B
GENERAL EXCEPTIONS
•
H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof.
•
• SPECIAL EXCEPTIONS
1. Easement(s)for the purpose(s)shown below and rights incidental thereto, as granted in a document:
Granted to: Chicago, Milwaukee&St. Paul Railway Company
Purpose: Electric transmission and/or distribution system and necessary appurtenances
Recording Date: October 23, 1918
Recording No.: 1254827
Affects: A portion of said premises and other property as described therein
2. Easement(s)for the purpose(s) shown below and rights incidental thereto as reserved in a document:
Purpose: Road
Recording Date: June 4, 1942
Recording No.: 3244268
Affects: A portion of said premises and other property as described in document
3. Right to make necessary slopes for cuts or fills upon property herein described as granted or reserved in deed:
In favor of: King County
Recording Date: August 6, 1968
Recording No.: 6387727
4. Temporary Water Service Agreement and the terms and conditions thereof:
Between: Robert E. and Donna C. Fricks
And: City of Renton
Recording Date: August 8, 1985
Recording No.: 8508081021
5. Landscape Buffer Agreement and the terms and conditions thereof:
Between: Robert E. Fricks and Donna C. Neal
And: Interstate Mobilephone Company, d.b.a. Cellular One
Recording Date: January 14, 1998
Recording No.: 9801140580
6. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: GTE Wireless of the Pacific Incorporated, a Delaware corporation, successor in interest to
GTE Mobilnet Incorporated
Purpose: Vehicular and pedestrian ingress and egress, and utilities
Recording Date: June 14, 2000
Recording No.: 20000614000639
Affects: Portions of said premises as described in document
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 4 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 200969-TC
SCHEDULE B
(continued)
7. Easement(s)for the purpose(s)shown below and rights incidental thereto as set forth in a document:
In favor of: Seattle SMSA Limited Partnership d/b/a Verizon Wireless
Purpose: Right of access and to install and maintain utilities
Recording Date: December 19, 2014 •
Recording No.: 20141219000095
Affects: The description contained therein is not sufficient to determine its exact location within the
property herein described.
8. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes, statements, locations of improvements in relation to property boundaries and other matters, if
any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or
source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law, as set forth on Record of Survey:
•
•
Recording No: 9707259002
9. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes, statements, locations of improvements in relation to property boundaries and other matters, if
any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or
source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law, as set forth on Record of Survey:
Recording No: 9804159002
10. Notice of possible(present or future)tap or connection charges levied, or to be levied, as set forth below:
Levied by: City of Renton
Ordinance No.: 4025
Recording Date: December 3, 1986
Recording No.: 8612031455
11. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half
delinquent if unpaid on November 1 of the tax year(amounts do not include interest and penalties):
Year: 2020
Tax Account No.: 102305-9081-09
Levy Code: 2145
Assessed Value-Land: $946,100.00
Assessed Value-Improvements: $20,100.00
General and Special Taxes:
Billed: $10,913.49
Paid: $10,913.49
Unpaid: $0.00
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 5 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 200969-TC
.
SCHEDULE B
(continued)
12. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document:
Entitled: Memorandum of Lease
Lessor: Robert E. Fricks and Donna C. Neal
Lessee: Interstate Mobilephone Company d/b/a Cellular One
Recording Date: March 17, 1994
Recording No.: 9403170694 •
An unrecorded first amendment to said lease was dated on or about August 7, 2002 according to recital(s)
contained in document recorded under recording no. 20141219000622.
An agreement to amend or modify certain provisions of said lease, as set forth in or disclosed by the
memorandum of second amendment to said lease executed by:
As Lessor: Robert E. Fricks, as to an undivided 50%; Robert E. Fricks Jr., as to an undivided 10%;
Teresa L. George, as to an undivided 10%; Ronald E. Fricks, as to an undivided 10%; Raymond E. Fricks, as to
an undivided 10%; and Richard E. Fricks, as to an undivided 10%, as their respective separate property, and as
tenants in common
As Lessee: NCWPCS MPL 24-Year Sites Tower Holdings LLC, a Delaware limited liability company
(successor in interest to original lessee)
Dated: December 16, 2014
Recording Date: December 19, 2014
Recording No.: 20141219000622
13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document:
Entitled: Memorandum of Agreement
Lessor: Robert E. Fricks and Donna C. Fricks
Lessee: OneComm Corporation, N.A., a Delaware corporation, dba Nextel Communications
Recording Date: February 26, 1997
Recording No.: 9702261309
Assignment and assumption of the Lessee's interest under said lease:
Assignor: Nextel West Corp., a Delaware corporation,formerly known as OneComm Corporation, N.A.
Assignee: Tower Parent Corp., a Delaware corporation
Recording Date: September 20, 2002
Recording No.: 20020920000742
Assignment and assumption of the Lessee's interest under said lease:
Assignor: Tower Parent Corp., a Delaware corporation
Assignee: Tower Asset Sub, Inc., a Delaware corporation
Recording Date: September 20, 2002
Recording No.: 20020920000743
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 6 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 200969-TC
•
SCHEDULE B
(continued)
An agreement to amend or modify certain provisions of said lease, as set forth in the document executed by:
As Lessor: Robert E. Fricks and Donna C. Fricks
As Lessee: American Tower Asset Sub, LLC, a Delaware limited liability company
Dated: February 27, 2008
Recording Date: May 29, 2008
Recording No.: 20080529001975
Assignment and assumption of the Lessee's interest under said lease: . ,.
Assignor: Tower Asset Sub, LLC, a Delaware limited liability company
Assignee: American Tower Asset Sub, LLC, a Delaware limited liability company
Recording Date: October 20, 2009
Recording No.: 20091020002088
A deed of trust, assignment of leases and rents, fixture filing and security agreement to secure an indebtedness in
the amount shown below
Amount: $1,750,000,000.00
Dated:• May 4, 2007
Trustor/Grantor: American Tower Asset Sub, LLC, a Delaware limited liability company •
Trustee: Stewart Title Guaranty Company, a Texas corporation
Beneficiary: American Tower Depositor Sub, LLC, a Delaware limited liability company
Recording Date: October 20, 2009
Recording No.: 20091020002098
Affects: Leasehold interest of Grantor in said premises and other property •
An assignment of the beneficial interest under said deed of trust which names:
Assignee: LaSalle Bank National Association
Recording Date: May 27, 2011
Recording Nos.: 20110527001443, 20110527001444 and 20110527001445
A financing statement as follows:
Debtor: American Tower Asset Sub, LLC
Secured Party: American Tower Depositor Sub, LLC
Recording Date: October 20, 2009
Recording No.: 20091020002099
Affects: Leasehold interest of Debtor in said premises and other property
Note: Said financing statement may have expired by time. We find no continuation thereof filed in the records of
King County.
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 7 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 200969-TC
SCHEDULE B
(continued) .
•
14. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document:
Entitled: Memorandum of Lease Agreement
Lessor: Robert E. Fricks, as his separate estate and Donna C. Neal, who acquired title as Donna C.
Fricks, as her separate estate
Lessee: GTE Wireless of the Pacific Incorporated, a Delaware corporation, successor in interest to
GTE Mobilnet Incorporated
Recording Date: June 14, 2000
Recording No.: 20000614000638 •
Assignment and assumption of the Lessee's interest under said lease:
Assignor: GTE.Wireless Incorporated, a Delaware corporation (f/k/a GTE Mobilnet Incorporated)
Assignee: GTE Wireless of the Pacific Incorporated, a Delaware corporation
Recording Date: May 24, 2002
Recording No.: 20020524000346
Assignment and assumption of the Lessee's interest under said lease:
Assignor: GTE Wireless of the Pacific Incorporated, a Delaware corporation
Assignee: Crown Castle GT Company LLC, a Delaware limited liability company
Recording Date: May 24, 2002
Recording No.: 20020524000347
15. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document:
Entitled: Memorandum of Lease
Lessor: Robert E. Fricks, Robert E. Fricks Jr., Teresa L. George, Ronald E. Fricks, Raymond E.
Fricks and Richard E. Fricks, successor in interest to Robert E. Fricks and Donna C. Neal,who acquired title as
Donna C. Fricks
Lessee: Seattle SMSA Limited Partnership d/b/a Verizon Wireless
Recording Date: December 19, 2014 •
Recording No.: 20141219000095
16. Any additional unrecorded leaseholds or subleaseholds, right of vendors and holders of security interests on
personal property installed upon the Land and rights of tenants or subtenants to remove trade fixtures at the
expiration of the terms.
17. The search did not disclose any open mortgages or deeds of trust of record executed by the vestees herein,
therefore the Company reserves the right to require further evidence to confirm that the property is
unencumbered, and further reserves the right to make additional requirements or add additional items or
exceptions upon receipt of the requested evidence.
Note A: The application for title insurance was placed by reference to only a street address or tax
identification number.The Assured herein must confirm that the legal description in this report covers the
parcel(s) of Land requested. If the legal description is incorrect,the Assured must notify the Company in
order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will
appear on any documents to be recorded.
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 8 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 200969-TC
SCHEDULE B
(continued)
Note B: FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be recorded, per Amended
RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the
body of the document:
Ptn of the Northeast quarter of the Northwest quarter of Section 10-23N-5E.
Tax Account No.: 102305-9081-09
Note C: The Public Records indicate that the address of the improvement located on said Land is as follows:
1160 Duvall Ave NE
Renton, WA 98059
Note D: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining
streets, natural boundaries and other land. The Company does not insure dimensions, distances or acreage
shown thereon.
END OF SCHEDULE B
•
Subdivision Guarantee/Certificate Printed: 03.18.20 @ 03:27 PM
Page 9 WA-CT-FBCM-02150.620753-SPS-1-20-200969-TC
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insurance is expressly modified by endorsement,if any,the company does not insure dimensions,distances,
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for and in consideration of
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In hand paid,Conveys and warrants to ROBERT li. PRICKS; a single man Ausci DONNA C• PRICKS* ''7:'... :• '• '. -.
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. . the following descdhed real estate,situated in the County of King ,Stile of.
Washington: • " • • ' - '
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1 • , •: • . • i \ , The North 275 feet of the West 1/2 of the East 1/2 of the Northeast 1/4 r. ;; , : • • •,',
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20081215000432.001
IiI:iv'4u
Recorded Documents and Tax Statements 20081215000432
Sent To: i2/16/Z0@8FIS 00
KING COUNTY, VA
ROBERT J.NEAL
25403 144th Ave SE . E2374164
Kent,WA 98042 12! 5/200e latex
KING COUNTY, WA
SfG fi =50.00 PAGE-001 OF 001
. Grantor: ROBERT J.NEAL,TRUSTEE OF THE NEAL REVOCABLE LIVING TRUST
Grantee: ROBERT E.FRICKS JR.,TERESA L.GEORGE,RONALD E.FRICKS,RAYMOND
E.FRICKS AND RICHARD E.FRICKS
Property Address: 11224 138th Ave SE,Renton,WA 98059
Tax Parcel No.: 102305-9081
QUIT CLAIM DEED
•
THE GRANTOR,ROBERT J.NEAL,TRUSTEE OF THE NEAL REVOCABLE LIVING TRUST,
in consideration of trust distribution,conveys and quit claims to ROBERT E.FRICKS JR.,
TERESA L.GEORGE,RONALD E.FRICKS,RAYMOND E:FRICKS AND RICHARD E.FRICKS,as
there respective separate property,and as tenants in common,the following described real property,
situated in the County of King,State of Washington,together with all after acquired title of the
Grantor therein:
THE NORTH 275 FEET OF THE WEST '/2 OF THE EAST %2 OF THE
NORTHEAST '% OF THE NORTHWEST % IN SECTION 10, TOWNSHIP 23
NORTH,RANGE 5 EAST,W.M.
SITUATE IN THE COUNTY OF KING,STATE OF WASHINGON.
DATED this 41 day of PC'1�,�./,�� ,2008,
•
ROBERT J EAL,TRU TEE OF THE NEAL
REVOCABLE LIVING TRUST
20081216000432.002
•
•
STATE OF WASHINGTON )
)ss.
County of Pierce )
On this day personally appeared before me ROBERT J.NEAL,to me known to be the individuals
described herein,and who executed the within instrument and acknowledged that they signed the
same as their free and voluntary act for the uses and purposes herein mentioned.
GIVEN under my hand and official seal this 7 day of LGG.•��, , 2008.
BRIAN M. BORN •
NOTARY PUBLICOT
STATE Of WASHINGTON
ARY MAX in and for the State of Washington,
COMMISSION EXPIRES siding at I
MARCH 29. 2012 Y Commission Expires: 7`y")IL 0/ ).
(Nu Claim Deed
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Cont Jun 4 42 - 2... 3244268
iv.ch 1 41 ..._� /
Anne G Merrick a single peraon,Lue Merrick Baileyand Harlan Bliley hh
of San1rancisoo Calf
t8 Edward F Locker and Sophie Locker hue and wf of kow
fp will sell end sp buyflg re II sitinkow
oftheEi of NE4 of NW4 of sec 10 tp 23 NR 5 ewm, ex 30ft on
the N li f eand 10 ft onthesouthline ,reserved for roadpurps
he ppi- ,250 ofwh440 pd andbal pable inmthiyinstlt so f4l0 or more on
theisto same comMedr Apr 1 41, lAithint 7,0 pa pable mthly
$end fully
peyalltexes andassmts onpty after thisdt ,and keep ff liens
d
fully ins
to be oyd by1 D-m
rim. is the essence and; provisions as to forfeiture
Anne G Merrick Harlan? Bailey
Lue Merrick Bailey by Manuel Terry attyinfaot
Edward F Looker
Qophie Looker
kow Bich I 41by "dward F Locker and Sophia Locker bf E MConklin npWnres
max Renton(NSmah 6 44)
kow Mch 1 41by Manuel Terry as attyinfact for AtuAnne G Merrick a
single person, Luc Merrick Baileyand HarlandBailey hh, and ack_.d to
methathesgd andsld the sameashis freeandvolyactanddd2 asattyinfaa for sd
-- inthecapaoityandfartheusesandpjrpa thinmentd,bf E MCoria up
Wnresat Renton(NS B+Ich 6 44) ml Ruth G Frombaojf h 243 E Aloha
+++ -yr--- ` /
., _ Sur. 10-23-5-10 a/
13811 S.E. 112th St. i' R/4l186�
7 �/
Renton, Wash. QUIT-CLAIM DEED
T.L. 81 •
Lester J. Lohr & Laura M. Lohr ,+ formerly Louise Marie
The grantor......._.-.herein Donne•i-j••-•••-••••
._._-- -- ----• -.-.-..'
($1,430.00)
for the consideration of..0.n•0••..Thou[rand--p'aur---•llundre.d....T-h3n-t.y..-awui•••rav%1D4.•,,....-._.....Dollars
and also of benefits to accrue to.._.._..ttiect_ _by reason of laying out and establishing a public road
through..._........Zhfiix'.._.property,and which is hereinafter described,convoy_..,release._,and quit-claim__
' 'a) to the County of King.. of Washington,for use of the Public
M
forever,as a public road and highway,all interest in the following described real estate,viz.:
' The W. 42 ft. of the N. 275 ft. of the N.E. 1 of the N.E. k of the
N.W. 4 of Sec. 10, Twp. 23 N., R. 5 E.W.M.
i b
o.
included within a strip of land 84 ft. in width, having 42 ft. of such
.0 width on each side of a centerline described as follows; Beginning at
• the S.W. corner of the E. s of the E. 11 of the S.W. 1 of.Sec. 10, Twp.
i 23 N., R. 5 E.W.M. thence N. 0° 01' 17" E. along the W. line of said
°q subdivision a distance of 155.90 ft., thence along the arc of a curve
to the left having a radius of 1,600 ft., a distance of 195.48 ft. thence
N. 6° 58' 43" W. a distance of 214.56 ft. thence along the arc of a curve
A. to the right, having a radius of 1,600 ft., a distance of 195.48 ft. thence
. N. 0° 01' 17" E. a distance of 482.58 ft., thence along the arc of a
curve to the right having a radius of 1,600 ft., a distance of 195.48 ft.,
. C. thence N. 7° 01' 17" E. a distance of 216.12 ft., thence along the arc of , ,
• r a curve to the left having a radius of 1,600 ft. a distance of 195.01 ft.,
?'. j thence N. 0° 02' 22" E. a distance of 2,029.60 ft., thence N. 1° 20' 15" •
E. a distance of 451.99 ft. thence along the arc of a curve to the right
having a radius of 1,600 ft., a distance of 101.54 ft., thence N. 4° 58'
$1 22" E. a distance of 465.68 ft. to a terminus on the centerline of the
Renton-Issaquah Rd. in Sec. 3, Twp. 23N., R. 5 E.W.M. at State Highway,
Ste. 76 + 74.51,
Containing 0.26 Acres more or less.
R/W 138th Ave. S.E. (S.E. 128th St. to Renton-Issaquah Rd.)
•
•
•
together with the right to make all necessary elopes for cuts and fills upon the abutting property and on
each side of said described right-of-way,in conformity with standard plans and specifications for highway
purposes,and to the same extent andpurpose as if the rights herein granted had been acquired by condemnation
proceedings under Eminent Domain statutes of the State of Washington,
situated in the County of...... Male_........................... ,State of Washington.
Dated this.__.._17th__.._._day of....._..._...._._.._,7.131,Y ,A,D.19 68
WITNESS:
._.. e . ._._..._... .1<,'° . .
.. sad✓,'...formerly..
AUG 6-1968 • — `---- _. -._•_ _ a --- —
• 'i(
f
n • i •. ,
•
•
i3 n-C n
•
ca
,Czx OD ^'
CITY OF RENTON c'"
kv N c
.c:r< u,
TEMPORARY WATER SERVICE AGREEMENT ;f ,
. ,a- -v o I
DATE July`2(� 15
•
�� fr.
• I, We Robert E. & Donna C. Fricks , owner(s) of
•
Address 1160 Duvall Avenue N.E.
legally described as follows: ,
as 85?'v8;08 i11021 C.
RECO F 3.00
1
C PSHSL **:F::F:5.00
,: 35
II
' THE NORTH 275 FEET OF THE WEST 1/2 OF THE EAST 1/2 OF THE
i O NORTHEAST 1/4 OF THE NORTHWEST'1/4 IN SECTION 10, TOWNSHIP 23
NORTH, RANGE 5 EAST,W.N;
•j 23 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
.•
O -
•
,. LLD
OD
for and in consideration of the Renton Water Department granting a permit to connect a
temporary/permanent water service and/or main in Duvall Avenue N.E.
•
• for the above property.
•
The owner(s) of the above described property, their successors, heirs and assigns, hereby
agree and covenant to participate in, sign a petition in support of, and accept any
Local Improvement District (L.I.D,) or City-initiated proposal, other tha L.ii D., and
pay their fair share therefore, for the extension of the water main in uuva17 Ave. N.E. •
1,- when required by the Rentop Subdivision Ordinance, or as
directed by the Director of Public Works.
IN WITNESS WHEREOF I (We) have hereunto set my/our hand(s) and seal the day and ydar
- first above witten.
•
v Tw %ntre.: .(SEAL)
s' -o,.,-r•a_ Q. -'^- (SEAL)
•
STATE OF WASHINGTON)
) SS I
COUNTY OF K I N G )
I, fir a Notary Public in and for the State of Washington,
residing at w,ezgfG ' a.:. , here y cer fy that on this,'�.gqqq day of�y ,
19,F,, personally appeared before me ,a, , 0
to me known to be the individu 1 a) described herein
and who executed the within instrument and acknowledged that signed and sealed
• the same as C,f ,. ) free and voluntary act and eed for uses and purposes
• therein mentioned.
1 WITNESS my hand and official seal the day and year in this certificate first above
written.
7 .
3
Notary Publicnd for t e S to of
•
r .( �• ', Washington, residing at L
{l�[i FOR �:tiR11 AT ii-wirer nr
.uE'Qusai ur
OFFICE OF 1NE CITY CTERN
RENTON MUNICNNI.Kilt
1DO MU AVE 5U
RENTON,WA 98055 •
s
•
•
•
Return Address:
��eve We\kov\
(ff11%2.8 ).ltx'A"--e wtt.� 3°t
l,vA o14Oty5 z
PE
se
Pula.prtai or r.p.larorm.ttea WASHLNGTON STATE RECORDER'S Cover Sheet (Rc-w:5.o41
Document Title(sl(or transactions Contained therein):(all areas applicable to your docuineai must be filled
tnt
1, L.AaIOn-A ea 'Hv.=ce e �ruQ.ttMCJ'aT ,T
..
4.
I8
Reference rumberts)of Documents assigned or released:
Additional reference les on page of document
•
tn Grantor(s) (Last name first.then first name and initials)
1. i. o3Ee7' t • Fe+ce-
!� 4 •
0 —
Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1. 344iE¢StATt A,(t?2tt.E Pe.tA.._ C MPwM'1 •d•b•ek CektU.lax- OV
A.
0 Addiuonal names OP oaRe of document.
Legal description(abbreviated: i.e.lot.block_plat or section.township.range)
Sea to run.; vt e
0 Additional legal is oo page_of document
` Assessor's Property Tax Parcel account Number
623b5— ' i— o
11_2. assessor Tax=not vet assigned
The •auditor Recorder%ill rely on the mtormauon provided on the torm. The staff wilt net read the
document to serif the accuracy or completeness of the indexing information provided herein.
4. •
•
•
•
•
•
Aker wording return to: SE123 May Creek
Real Estate Administrator
Interstate Mobilephone Company
dba Cellular One
617 Eastlake Ave.E.
Seattle,WA 68109
LANDSCAPE BUFFER AGREEMENT •
WHEREAS, Interstate Mobilephone Company,d.b.a Cellular One
("Tenant")entered into a Site Lease Agreement with Robert E.Fricks and Donna
C.Neal("Landlord")on November 12, 1992 to lease a portion of their property for
the construction of a cellular communications facility;and
WHEREAS.the City of Renton Planning Department has recommended
as part of Application LUA-93-002-CU;ECF;V Conditional Use Permit/Height
• Variance Approval that substantial buffers be maintained around the cellular
facility;and
WHEREAS,the Landscape Buffer granted herein and described below
shall run with the Property,described in Exhibit B attached hereto and
incorporated herein by reference,and shall be appurtenant to and for the benefit
of the Premises as described in Exhibit A.
NOW,THEREFORE Grantor covenants that it will not,for the term that
Grantee maintains and operates its cellular communication facility on the
O Property and Premises,cut,remove,endanger,divide or diminish any significant
Fa trees currently existing on the Grantee's Premises("the Landscape Buffer). If
Grantor,at any time now or in the future expresses the need to remove any of
C the currently existing significant trees;it will do so only with written notice to
e4 Grantee and the Renton Planning Department, and with the Planning
eel Department's prior consent.
Grantee may assign this Landscape Buffer upon notice to Grantor.
The terms hereof shall apply to and be binding upon the parties hereto
and their respective heirs,executors,administ tors,successors and assigns.
GRANTOR: .F.
By Robert .Fricks,Its owner
By Donna C.Neal, Its r
GRANTEE: Interstate Mobilephone rnpany
By Robert H.Joh
he General Manager
ct't
•
•
EXHIBIT A
'
to the Landscape Buffer Agreement dated k'i1 `�� / , 1993
between Robert E. Pricks and Donna C.Neal("Grantor")and i
Interstate Mobilephone Company
• The Premises is described as follows:
n
1 t�C4v I 1
°t i `e^CFQ O a._.c-€D a C3
CD -3nv flvnna , I:
-- • of
pRti ',1 M ,-4 Vv'I iA, .�L :l•it/h-r Ate, ••tJ 1/r?
rG%
ri/d .Qy Aiv(n iv i 1 • Co mQAS S 1+ /d'STJ 11 .
[/N4f'L .StG/4/4/, A' W/!t-tom 81 Aqu/b/JU-/
-_ � (.,t5 irvc%lr f2-0 ow of-
. 1a. - .
. ....wilt?' :..,.: - "Q,.
•
•
•
•
EXHIBIT B
to the Landscape Buffer Agreement dated 4U6t 1;S! 1993
between Robert E.Flicks and Donna C.Neal("Grantor")and
Interstate Mobilephone Company
The Property Is described as follows:
THE NORTH 275 FEET OF THE WEST HALF OF THE THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10,
1 TOWNSHIP 23 NORTH, RANGE 5 EAST, W.N., IN KING COUNTY,
WASHINGTON;
EXCEPT THE WEST 42 FEET CONVEYED TO KING COUNTY FOR 138TH
AVENUE S.E. BY DEED RECORDED UNDER RECORDING NO. 6387727.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
0
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11111111111
20000000614001 .00
d 639
JM CONSU 0
PAGE 001
KING CCOUNTTY10WA
AFTER RECORDING MAIL TO
GTE Wireless of the Pacific Incorporated
c/o JM Consulting Group, Inc
12828 Northup Way, Suite 301
Bellevue, WA 98005
Attn.. Site Acquisition Department
NAME OF GRANTOR. Robert E Pricks, as his separate estate
and Donna C. Neal, who acquired title
as Donna C Fricks, as her separate
estate
0.3 NAME OF GRANTEE GTE Wireless of the Pacific
CO Incorporated, a Delaware corporation, -
successor in interest to GTE Mobilnet
Incorporated
O ABBREVIATED LEGAL Section 10, Township 23, Range 5, NE -
eI+ quarter, NW quarter
r-t ASSESSOR'S TAX PARCEL ID # 102305-9081-09
CC
O
EASEMENT AGREEMENT
61
C This Easement Agreement ("Agreement") is entered into as of this _J
day of , 19J, by and between Robert E Fricks, as his separate estate
and Donn�l, who acquired title as Donna C Fricks, as her separate estate,
whose address is 1621 Camas Avenue NE, Renton, WA 98056, ("Grantor") and
GTE Wireless of the Pacific.Incorporated, a corporation of the State of Delaware,
successor in interest to GTE Mobilnet Incorporated, whose address is 245
Perimeter Center Parkway, Atlanta, GA 30346 ("Grantee")
WITNSSETI
WHEREAS, Grantor is the owner of certain real property located in King
County, Washington ("Grantor Tract"), and legally described in Exhibit "A",
attached hereto; and
6/9/98 WA0206-AT&T
1/8
EXCISE TAX NOT REQUIRED
Kin Co A rds Diwslcn
WHEREAS, Grantor has leased certain property owned by Grantor to
Grantee for the purpose of constructing, maintaining and operating a
telecommunications facility (the "Leasehold Property"), which Leasehold
Property is described in Exhibit "B", attached hereto, and
WHEREAS, convenient access to and from the Leasehold Property is over
and across a portion of the Grantor Tract, and
WHEREAS, Grantee desires to obtain the consent of Grantor for Grantee to
use such portion of the Grantor Tract and to further provide for the grant by
O Grantor to Grantee of an easement over and upon a portion of the grantor Tract
for vehicular and pedestrian ingress and egress to and from the Leasehold
Property and for the installation, operation and maintenance of utilities, all
pursuant to the terms set forth herein
O
NOW, THEREFORE, in consideration of the premises, and other good and
, valuable consideration, the receipt, adequacy and sufficiency of which is hereby
co acknowledged, Grantor and Grantee covenant, contract and agree as follows.
O
0 1 Grantor hereby conveys and grants to Grantee, its successors, agents and
O assigns, and Grantee accepts from Grantor, a non-exclusive appurtenant
O easement over, under, across and upon that certain portion of the Grantor
Tract, more particularly described in Exhibit "C" ("Easement Tract"), for the
purpose of pedestrian and vehicular ingress and egress to and from the
Leasehold Property and for the installation, operation and maintenance of
utilities serving the Leasehold Property
6/9/98 WA0206-AT&T •
2/8
Y 1 _
2 The consents and rights granted herein are granted only to Grantee, its
successors, agents and assigns, and shall exist for only so long as the
Leasehold Property is leased or owned by Grantee, its successors, agents or
assigns and used to maintain and operate a telecommunications facility,
and this Agreement shall terminate automatically upon the removal of
such facility from the Leasehold Property Grantee covenants to utilize the
Easement Tract only for the purpose of ingress and egress and the
installation, operation and maintenance of utilities necessary to construct,
operate and maintain a telecommunications facility upon the Leasehold
Property in the usual course of business Grantor covenants not to do or
permit any act or acts that will unreasonably prevent or hinder Grantee's or
Qy its agents' use of the Easement Tract for the aforementioned purposes.
e~7
t0 3 Nothing contained in this Easement Agreement will be deemed to be a
O dedication of any portion of the Easement Tract to the general public or for
O the general public or for any public purpose whatsoever, it being the
O intention that this Agreement will be strictly limited to and for the purpose
set forth herein
1.1
W 4 Each and all of the covenants and provisions contained herein (a) are made
as an appurtenance for the benefit of the Leasehold Property, (b) will create
mutual equitable servitude's upon the Leasehold Property and the Grantor
Tract and shall be covenants running with the Land, (c) will bind every
a person having any fee, leasehold or other interest in any portion of the
Leasehold Property or Grantor Tract to the extent that such portion is
affected or bound by any term, covenant or provision set forth herein, and
(d) will inure to the benefit of the parties and their respective successors
and assigns as to the Leasehold Property and Grantor Tract
[The remainder of this page intentionally left blank]
6/9/98 WA0206-AT&T
3/8
IN WITNESS WHEREOF, the parties have caused this instrument to be
signed and witnessed the day and year first above written
GRANTOR
ROBERT E FRICKS, as his separate estate
By. .�
Name a e ca./c
O Its C 1AJ Q--f1---
O
DONNA C NEAL, who acquired title as Donna C. Fricks, as her separate estate
m
By
O Name /)pA.)V L x}CxL
Its
O
0
GRANTEE
GTE WIRELESS OF THE PACIFIC INCORPORATED, successor in interest to GTE .
Mobtlnet Incorporated
By a ��� ni
Print me Michael H tllegan
Title. Area President, Northwest
6/9/98 WA0206-AT&T
4/8
STATE OF WAS _NGTON )
COUNTY OF )
Personally appeared before me, the undersigned, a N to P b t and for
said St a and C unty duly commissioned and qualified, _ � �liLa ._
and LI �'t41 , with whom I am personally acquainted, and who
acknowledged that they executed the within instrument for the purposes therein
contained
Witness my hand and seal of office this Cdt% day of ApiI ,
Rr
NOvT14CR KM, HERE
4 ' ,�,s�'� �►oar
r .y' 11450...State
Notary Public a of
ltAitCeSzen\_
: '" = Residing at
CD J RY : g
_ LCL1c ` My Commission ExpirilistAiL ' Cb
y�to ���•,
:.s. Ga, Print Notary's Name
•• • • • �F
"04 s'rtif,f, 03a4v\itl )
COUNTY OF )
CD
Personally appeared before me, the undersigned, a Notary Public in and for
the State and County aforesaid, Michael I-I. Millegan, with whom I am personally
OO acquainted, (or proved to me on the basis of satisfactory evidence), and who, upon
oath, acknowledged himself to be the Area President, Northwest of GTE Wireless
of the Pacific Incorporated, a corporation, and that in such capacity he executed
the foregoing instrument for the purpose therein contained, by signing the name
of the corporation
Witness my hand and seal of office this J ._ day of _ __,
lA 2OV'b
NOTARY SEAL HERE �o�-�•
����i�rrrrry�
Notary Public in dud for the State of cep
`' 011SO�y 1.t, Residing at _ JP l t c )tx
�.`� xPiq��; '•.,� My Commission Expires ' L. /Q
:ti Print Notary's Name Oct3t;- fo ryics A,,
i h '
6/9/98 WA0206-AT&T
5/8
EXHIBIT "A"
•
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
O THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER IN SECTION 10,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M. , IN KING COUNTY,
VD WASHINGTON;
O EXCEPT THE WEST 42 FEET FOR 138TH AVENUE SOUTHEAST AS
O CONVEYED TO KING COUNTY BY DEED UNDER RECORDING NO. 6387727.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
I
CD
0
0
6/9/98 WA0206-AT&T
6/8
s.
EXHIBIT "B"
DESCRIPTION OF LEASEHOLD PROPERTY
A lease of property for the construction. operation, and maintenance of a cellular 3itc
located to the North 275 teat of the West half of the Bast half of the Northeast quarter or
the Northwest quarter to Section 10, Towusfup 23 North Range 5 East of the W , in
Ch King County. Washington Lease area property more particularly described as followv
ED
Commencing at the Northeast cotter of the above descnbed property; thence along the
North line of said properi)1 North 88"38'5U" West 40.77 feet; thence South 15°49'27"
East 63 72 feet to the Prue Point of Beginning; thence from said True Point of Beginning r '
South 1?°49'27" East 35.50 feet, thence South 74°10'33"West 23 00 feet;thence North
""t 15°49'27" West 35 50 feet;thence North 74°19'33" East 23.00 feet to the True Point of
m Beginning,Lontatntng 816 5 square feet more or less.
Bearings referenced to Washington State Coordinate System North Zone NAD 83/91
0
0
02
6/9/98 WA0206-AT&T
7/8
EXHIBIT "C"
DESCRIPTION OF EASEMENT TRACT
O) At.uxa3 Easement
Ce3
CD A Non-exclusive EASEMENT, appurtenant to that certain Lease Area to GTE Wireless,
for access(ingress and egress)purposes,in,on,over,through,and across a portion of the
North 275 feet of the West half of the East half of the Northeast quarter of the Northwest
quarter in Section 10 Township.Townstup 23 North,Range 5 East of the W M., in Ktng
County.Washington',more particularly described as follows
Commencingat the Northeast corner of the above described property;� p party; thence along the
CI North line of said property North 88°38'507" West 71.43 feet to the True Point of
F3cginntng. thence from said true Potat of Beginning South 05°4S'35" East 45 78 feet,
CO thence South 26'20 42"Cast 37 75 feet,thence North 74°10'32" bast 7 40 feet to a point
O on the Southwesterly Zinc of saint lease area and the end of Chic easement The above
O descnbed line is the centerline of a 15 toot wtdc easement
ge
Bearings referenced to Washington State Coordinate System North Zone NAD 83/yt
6/9/98 WA0206-AT&T
8/8
•
Telco Easement
A Non-exclusive EASEMENT,appurtenant to that certain Lease Area to GTE Wireless,
for utility purposes. in. on, over, under, through, and across a portion of the North 275
feet of the West half of the East half of the Northeast quarter of the Northwest quarter in
Q14 Section 10 Township. Township 23 North, Range 5 East of the W M , in King County,
Washington, Easement being a 5 foot wide strip of land lying 2 5 feet either side of the
CO , following described line
Commencing at the Northwest corner of the above described property,
thence along the East line of said property SOUTH 00°00'40" WEST 32.87 feet to the
True Point of Beginning,
thence from said True Point of Beginning NORTH 38°19'34" EAST 29 90 feet,
co thence SOUTH 88°31'59"EAST 185 32 feet,
thence SOUTH 42°19'06" EAST 75 33 feet to the Northerly line of a lease parcel and the
end of this description
O
O
Bearings referenced to Washington State Coordinate System North Zone NAD 83/91
Power Easement
A Non-exclusive EASEMENT,appurtenant to that certain Lease Area to GTE Wireless,
for utility purposes. in, on, over, under, through, and across a portion of the North 275
feet of the West half of the East half of the Northeast quarter of the Northwest quarter in
Section l0 Township Township 23 North, Range 5 East of the W M, in King County,
ashington Easement being a 5 foot wide strip of land lying 2 5 feet either side of the
following described line
Commencing at the Northwest corner of the above described property;
thence along the East line of said property SOUTH 00°00'40" WEST 45.49 feet to the .
True Point of Beginning,
thence from said True Point of Beginning NORTH 20°17'51" EAST 17 19 feet,
thence NORTH 38'19'34" EAST 22 20 feet,
thence SOUTH 88°31'59" EAST 183 01 feet,
thence SOUTH 42O I9'06" EAST 73 02 feet to the Northerly line of a lease parcel and the
end of this description
Bearings referenced to Washington State Coordinate Sy stern North Zone NAD 83/91
$180.
20141219000095.001
jl-
FILED FOR RECORD AT REQUEST OF
AND WHEN RECORDED RETURN TO:
Davis Wright Tremaine LLP
Attn:C. Eng
777 108"Avenue NE,Suite 2300
Bellevue,WA 98004-5149
•
20141219000095
DAVIS WRIGHT T LE 79.00
PAGE-001 OF 008
12/19/2014 09:11
KING COUNTY, UA
Space above this line is for Recorder's use.
Memorandum of Lease
Lessor: Robert E.Fricks,Robert E. Fricks Jr.,Teresa L.George, •
Ronald E.Fricks,Raymond E. Fricks and Richard E. Fricks
Lessee: Seattle SMSA Limited Partnership d/b/a Verizon Wireless
Legal Description: N275 Ft W t/z E '/z NE 'A NW 'A S 10,T23N,R5E,W.M.,
County of King, State of Washington
Official legal description as Exhibit A
Assessor's Tax Parcel ID#: 102305908109
Reference#(if applicable):
SEA HWY900
VZW Contract#12213
DWT 242681 82v2 0052051-000032
20141219000095.002
3 , . .
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE evidences that a Lease Agreement("Lease")was entered
into as of December 23, 1996,by and between Robert E. Pricks,Robert E.Fricks Jr.,Teresa L.George,
Ronald E. Fricks,Raymond E. Fricks and Richard E. Fricks,successor in interest to Robert E. Fricks and
Donna C.Neal,who acquired title as Donna C. Fricks(collectively"Lessor"),and Seattle SMSA Limited
Partnership d/b/a Verizon Wireless("Lessee"),for certain real property located at 11224 138'h Avenue
SE, Renton,County of King, State of Washington,within the property of Lessor which is described in
Exhibit"A"attached hereto("Legal Description"),together with a right of access and to install and
maintain utilities,for an initial term of five(5)years commencing as provided for in the Lease, which
term is subject to Lessee's rights to extend the term of the Lease as provided in the Lease.
IN WITNESS WHEREOF,Lessor and Lessee have duly executed this Memorandum of Lease as .
of the day and year last below written.
LESSOR: Robert E. Fricks,Robert E. Fricks Jr.,Teresa L.George,Ronald E. Fricks,
Raymond E. Fricks and Richard E. Fricks
By:
Name: Robert E. Fricks
Date: (6 g-_ /3_ li
By: ` �d
Name: Robert E. Fricks,Jr.
Date: q_ f3 _11
By: A df) Z J
Name: Tere George
Date:
B ' Y s
Name: Ronald E. Fricks
Date: C\ to
[REMAINING SIGNATURES APPEAR ON NEXT PAGE]
2
SEA HWY900
VZW Contract#12213
DWr 24268182v2 0052051-000032
20141219000095.003
By:
Name: Raymo .Fricks
Date:
By:
Name: Richard Fricks
Date: Q /Z41
LESSEE: Seattle SMSA Limited Partnership d/b/a Verizon Wireless
By Cellco Partnership,its General Partner
By:
Brian Mecum
Area Vice President etw rk
Date: '/ /i /v
Exhibit A—Legal Description
•
SEA HWY900
VZW Contract NI22I3
DWI 24268182v2 0052051-000032
20141219000095.004
.
STATE OF 1195NJ4 �1QV )
) ss.
COUNTY OFia •
)
n this /3 day of- /So-e-,20/y(before me,a Notary Public in and for the State
of ymorer6 ✓ ,personally appeared Teresa L.George,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 Her free and voluntary act and deed for the uses and purposes mentioned in the
instrument.
•
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
•
William D.Hamilton,Notary Public NOTARY BLIC in and for the State ofh* ,
My commission expires Jan.22,2018 residing at /Lf,, , ,•
My appointme1 t wires At' -
Print Name .//,;,,j t -
STATE OF �. //s `gN)
) ss.
COUNTY OFcC )
�T(��-this/. day of lf., -- ,20/44efore me, a Notary Public in and for the State
of �//Alritjyer,n/ ,personally appeared Ronald E. Fricks,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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
William D.Hamilton,Notary Public NOTARY PUBL in d for the State of/„,fir,
My commission expires Jan.22,2018 residing at,
My appointment ex ires �' 22 24/
Print Name f��/' ,�,,,rr� .tT
•
•
SEA HWY900
VZW Contract#12213
DWT 24267977v2 0052051-000032
20141219000095.005
2 . .
STATE OF vt"I )
y, 7 ) ss.
COUNTY OF !V )
On this 1 ��
'/i � day of j� � ,20 1(1,before me,a Notary Public in and for the State
of t- ,personally appeared Raymond E. Fricks,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.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first
above written. `
Notary Public
State of Washington
VEANIE GONZALO DAHL N UBLIC/ in and yor the State of t-,
MY COMMISSION EXPIRES residing at i 'tL u-�-'4-kvoc"
A�i�l�3r @®j0 My appointment expires tf l 77/14 ty
Print Name 12-a`� 6)4 h ''j.., L
STATE OF 1/1244/i ,V)
) ss.
COUNTY OF er6 )
Oythis :�day of �� ,20/before me,a Notary Public in and for the State
of,, /Af l ij, TvA/,personally appeared Richard E.Fricks,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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
NCI ' ' ''ARY P1111.11C ip nd for the State of ,
William D.Hamilton,Notary Public residing at ya/L.-,4, / 4
My commission expires Jan.22,2018 My appointment snips a X V.*1 r
Print Name 1W ' Fpi,,i ti -
i
5
SEA HWY900
VZW Contract 412213
DWI 24267977v2 0052051-000032
20141219000095.006
3
STATE OF 1/0c\ )
) ss.
COUNTY OF \43ACI )
On thi day of PO ,2014 ,before me,a Notary Public in and for the State
of , i•Ak , iI\\N , .ersonallydared Raymond E.Fricks,personally known to me(or proved to
me on the •asis of s: isfactory 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
re""—*1-1Notary P l� i t
of Was `61#1 r A
NA AB NO �- and f.the State o ...�
MISSIO residing at +, IL
arch 23, My appointI'i IMIIK�vi b b
.... 2,,,,2, n • • e t .fires ��
Print Name , A I W 01
STATE OF Nf
�� ) ss.
COUNTY OF Il/.•/6 )
of ean this/,.3 day of 91e-dia' ,201 ,before me,a Notary Public in and for the State
w/ 7-4/1/ ,persona ly appeared Richa d E. Fricks,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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
-e . ° d'''',1(7
NOTARY PW,IC in and for the State of fd4.
William D.Hamilton,Notary Public residing at St� is lid ) AM
My commission expires Jan.22,2018 • My appointment exp. es A o•/g '
Print Name rr.q e,, 4 - ' , `
6 •
SEA HWY900
VZW Contract#122I3
DWT 24268182v2 0052051.000032
•
°
20141219000095:007 °
LESSEE ACKNOWLEDGMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
)ss.
County of Orange )
On November ISi7olti before me, (2u..}11.4.COV.rA .jr ,Notary Public,
personally appeared Brian Mecum,
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,and that
by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WIFC�•hand and official seal.
Signature of Notary Public
RUTH L.CONCEPCION
Commission#2070644
Notary public-Caltt06;1;
z`4f Orange Cou�►ty
My Oomm.Ex ices.lun 7,201B
Place Notary Sea!Above
7
SEA 11WY900
VZW Contract N 12213
D W r 24268182 v2 0052051-000032
20141219000095.008
•
EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER IN SECTION 111,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,IN KING
COUNTY,WASHINGTON;
EXCEPT THE WEST 42 FEET FOR 138TH AVENUE SOUTHEAST AS CONVEYED TO KING COUNTY BY
DEED UNDER RECORDING NO.6387727.
8
SEA HWV900
VZW Contract#I22I3 •
DWT 24268182v2 0052051-000032
This map/plat is being furnished as an aid in locating the-herein described Land
I in relation to adjoining streets,natural boundaries and other land,and is nor a ,
survey of the land depicted.Except ro the extent a policy of title insurance is expressly
rfied.D�y.oadorsemon H.r.y,•hoCompaay-doss nor iusurodlmension. ms„nr.S -'-------.. .
locatipnof easements,acreage or other marrers shown thereon. 9707'15VODIt Jib 58 -
RECORD OF SURVEY
• NORTHWEST 1/4, SECTION 10 LEGAL DESCRIPTION
• TOWNSHIP 23 NORTH, RANGE 5 EAST THE NORTH 27s FEET DF THE NEST HALF
PYILLAMETTE MERIDIAN KING CO. WA. OF ASTMHE H TMHST NORTHEAST OF
• SECTION 10, TOWNSHIP 23 NORTH. RANGE
6 EAST, WL AMETTE MERIDIAN.IN KING
COUNTY, WASHINGTON
NBB•40'23'w NBB'40'23'W AVENUE SOUTHEAST AS CONVEYED TO
58840'23"E KING COUNTY BY DEED UNDER RECORDING
——2019.76'——— 287.61' c e NUMBER 5387727-
_ T — 0'ROAD ESMT. AF 3262741POR
—'329,6Y-——
.......]]1..��� FOUND R£BAR, NO CAP
NUMBER,— —
LINE ESMT. SURVEY METHOD
AF�l254D27 _ THIS SURVEY WAS`MADE USING A NIKON
N.W.SECTION CORNER SET REBAR dt CAP SET REBAR k C1 DTM 420 TOTAL STATION. A CLOSED TRAVERSE
SECT.10, T23N, R5E,WM PLS No.33647 PLS No.33647 + NORTH 1/4 COR. WITH DOUBLE MEASURED TIES TO THE NORTH
FOUND MON.IN CASE SECT. 10, 723N, R5E 1 4 CORNER AND THE NORTHWEST SECTION CORNER.
• JULY 1997 JULY 1997 /
VISITED JULY 1997 FOUND 3'BRASS DISK THE TRAVERSE WAS ADJUSTED USING LEAST
4 IN CONC.POST J"UP • SQUARES.All CONTROLING CORNERS WERE
rC•1 II is VISITED JULY 1997 c VISITED IN JULY 1997.
'° N r,y M1 1.81 ;ACRES o P „ BASIS OF BEARING.. ASSUMED
1 T vi g N s.�.,,. �' 8 FY
_ Zl f LEGEND ———
t,s • ''�� COSTING SECTI N CORNER -
A G SET REBAR&CAP S�T.,RE8 , EXISTING QUARTER CORNER———(jQ
n ^a0 PLS No.33847 PLS'j(o.33647 CAP 2 SET REBAR &CAP-————- 0
JULY 1997 JULY 1 7 ti 1.
•
z FOUND REM,NO CAP———— 0
gz 287.2? w „ �jj OR NUMBQt.
z
SJ)6'40'2J"E *r°"s CENTER OF SECTION 10
w 1/4 CORNER CENTER OF SECTION JAMES A. COAN. SR., P.L.S.
SECT.1O,T23N,R5E, VIM SECT.10, T23N, R5E, WM
FOUND MON. IN CASE FOUND MON. IN CASE 529 REDMOND PLACE N.E.
2 VISITED JULY 1997 VISITED JULY 1897 RENTON, WASHINGTON 98036
Ly,(.' I N88.21'26'W 2611.31'
f/J (425)255-3931
GRAPHIC AIa
■
4,.3
9'' IRO�Il1 ,
0 • SI1E 3 r.eo A •
'�°:
14•. DCFREe YrY,I ,
S . .
�.* SURVEYORS CERTIFICATE:
i AUDITOR'S CERITIFICATE: THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME
OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SURVEY RECORDING ACT Al THE
FILED FOR RECORD 1Ttl5 1f_DAY OF T�- 1997 REQUEST OF ROBERT PRICKS IN JULY 1997.
. AT"A-•.10.0M IN 8001< '/ ._—OF SURVEYS AT
a PATE.3rif AT THE REQUEST OF JAMES A. CORN.SR.
R
SECTION 10, TOWNSHIP 23 NORT
RANGE 5 EAST, WILLAMETTE MERIDIAN ,
N.T.S.
C DI ES A. CORN SR. C+EPICATE NUMBER 33847
l ._ ..._. I .
This map/plat is being furnished as an aid in Totaling the herein described Land
in relation to adjoining streets,natural boundaries and other land,and is not a
survey of the land depicted.Except to the extent a policy of title Insurance is expressly •9 R 0 4159 0 0 2 19l A 0 '
modified b endorsement,if any,the Company does not insure dimensions,distances, - -
IocatitTn o easements,acreage or other matters shown thereon. N.W,1/4 SEC.10,TWP.23 N.,R.5 E..W.M.
KING COUNTY WASHINGTON
WA caRet ate Io•SI-S I
00 CONS.NON W/S.IMA53
za4.OS neW on NE. 121b STREET sKEo V22/9,N BM3s'D6•W 2638.9s )R N.E. 12th STREET
. s N 88•39'OS•TT 2632.03 IN.O.S.v,t04 PO t1) y 329.93�- N88•12'0849 2644.571R,O.S.V.37 P02T4) 11 09' p
3 N BB•@58'W(KC.HELD) 2844.7E DRO 2677.73 YE45. 4 e l NAM?9'05'W 287.6E(QROU/N) cQ' O6 •
6 n N8B'39'01'W 2837,03(RD.B.V.37 P6.2741 p -.L _ ._ _._,__ _,_. _ - `
1 __ __`__ _,(-._ ,`'-TL4dl tGlto..Nb1 C4
NUG coFNER NEc w-zrs ro.coKc.NON.n/G'MUSS PM wl T. 'ro
' 'NO CAKC.NON W/r BSAss LW AEL4W ARADE:visRm Uss/sT I SO'RO ESNt.3244265 •
MWFRLTRs PAONEATT D66.03'ASOK CWAT4: NE GOPHER BCC.q•!s-s CREW N4N �....�..�-.•�...c 4'TRANS LK[ 1.V S�.lj� �r+u�.� .E[EAETAQATT.SO , f r tt ,AF A...
�� f, .-,. .. EOs1188101AIMGI,R
5I'< r a N i
ip 3 Jr (r 42'
i1,um 8 p 45 If, �n a °tJli o X� a .
r,O N 0•59'04' 10,y O , �! R X®ga.4 '4
�IO O, Y1 g W m AsT IF•car rn. I.X-•-i •
� v3o• ..o(o o R- IN I N $ IA rersroe:" I: •
1.1 N w A R: t5 e)I.NI 1 W �E •., lA
• I NO 0 41 Dt N IN I .f 6Z
h O.,, ... I
a'n owla u > �� a N) :
P N b F, m a I q W •45.00 NM z ,
ZI o z n I W r o Ip n LEASE AREA Tt8B•39'03'W '
b b " I m $ .oA W� I
aib b z if I In b
I : i�
s o-
' ,s .�; s •
, ' NouTe E.1
xi
s AS NA8•EO'Ot'W ee&44 IR0.6.V.37 PG274) "•' DI n •
N 08.20'O4'W 2611.40(RD.S.Y.104,PGA) _ l�______ A I "'
N88.19'SB'W 2611.38 (K.CJ .p 1�rOV4 i CAPPER PM N eM39'OS'W 2G7.26(GROUND) .
••;AY FA."°:Ori V2E/DT ANTENNA/TOWER LOCATION
GEOGRAPHIC COORDINATES
Tk NAD27 Si 47.30'00.55'
o ZOO KO 1000 MOO {� W 12t'•09T8.6' I
,,..-,,,1 NADes N 4r30'O8.9f o 26 60 Ioo IGO 14. i
N I22•o9.20.69•
GENERAL NOTES •
!:y"""
1. HORIZONTAL DATUM: NAD 83/91-WASHINGTON STATE 7, ALL DISTANCES SHOWN HEREON ARE GRID UNLESS OTHERWISE NOTED. ,
LEGAL DESCRIPTION
PLANE,NORTH ZONE.
2. BASIS OF POSITION: NORTH QUARTER CORNER SECTIONB. WORK PERFORMED IN CONJUNCTION WITH THIS SURVEY UTILI2ED
•
THAT PORTION OF THE NORTHEAST QUARTER OF THE 10,TOWNSHIP 23 NORTH.RANGE S EAST,W N.AS THE FOLLOWING PCOI(07 EQUIPMENT AND PTOTAL STATION.
0.: T�MAN FACTU ELECTRONIC TOTAL SECTION. 332-ANEO
NRANGE 5 EA QUARTER OF SECTION PARTICULARLY
10.TOWNSHIP 23 NORTH. REPRESENTED BY MONUMENT DESCRIBED HEREON. TO TRAVERSE.
C ES E SPECIFICATIONS REQUIREMENTS
PER A T130TH
RANGE S EAST.W.M.MORE PARTIq)LARLT DESCRIBED AS B: FIELD EXCEEDING AS SET FORTH •
FOLLOWS: 3, BASIS OF BEARINGS: NORTH LINE OF THE NORTHWEST IN MAC 332-130-090.
BEGINNING AT TIE NORTHEAST CORNER OF SAID QUARTER OF SAID SECTION 1O A6 QEPICTEO ON THE
SUBOIVISION: RECORD OF SURVEY,RECORDED IN VOLUME 104 OF '
THENCE N B8439'03'W ALONG THE NORTH LINE SURVEYS,PAGE II(RECORDING NO.9506069001), •
THEREOF A DISTANCE OF 329.63 FEET TO THE NORTHEAST RECORDS OF KING COUNTY,WASHINGTON,AND VERIFED
CORNER OF THE WEST HALF OF THE EAST HALF SAID 8T THE BREAKDOWN OF SAID SECTION 10 AS DEPICTED ON
SUBDIVISION; RO.S.RECORDED IN VOL.37 OF SURVEYS,PS.274(REC.NO. ,
THENCE S 00.04.44T W ALONG THE EAST LINE OF SAID 8310269003),RECORDS OF KING COUNTY,WASHINGTON,
WEST HALF OF SAID EAST HALF A DISTANCE OF 174.68 FEET;
THENCE N 89.55'16'W AT RIGHT ANGLES TO SAID EAST 4. MONUMENTATION SHOWN HEREON WAS FIELD VISITED AS •
LINE A DISTANCE OF 61.00 FEET TO THE TRUE POINT OF NOTED. '
is BEGINNING:
E
THENCE N 65.39'03'W A DISTANCE OF 4500 FEET; S. TITLE ISSUES ADDRESSED FREON HAVE USED FOR •
Is
d THENCE N 00°04'44T E A DISTANCE OF 45.00 FEET; REFERENCE CHICAGO TITLE INSURANCE CO.AL.7.A.
THENCE 6 88•39'03'E A DISTANCE OF 45.00 FEET: COWeTIAENT ORDER NO.472542.
C THENCE 6 00•04'44'W A DISTANCE OF 43.00 FEET TO •
N t THE TRUE POINT OF BEGINNING. 6. SPECIAL EXCEPTION NO.I FROM TITLE REPORT •
a MENTIONED ABOVE(TRANSMISSION LINE EASEMENT)DOES
61 3 SITUATED N KING COUNTY,WASHINGTON AND NOT DISCLOSE A WIDTH FOR SAID EASEMENT. KING .
CONTAINING APPROXIMATELY 0.05 ACRES. COUNTY MAPS.HOWEVER,SHOW A 40'EASEMENT WIDTH
AND THIS ALONG WITH THE DESCRIBED CENTERLINE HAS
BEEN DEPICTED HEREON.
• A_
RECORDER'$CERTIFICATE PAo4// SlNO SURVEYOR'S CERTIFICATE C- �'•
A Q s- a TNSNAPEOAR[ETLYRfPREfENTSAWtVEYNOSESY •.p••':-. )j , HIGHLANDS HAZEN SITE
Consulting
G. Goldsmith Edit Associates, Inc. r ce FOR RECORD SAS Z3 OAT O ,N on UNGA NY SAEUT,0N N CW 0004AtE!OR THE ft0 q 17e/ 11224 - I�B tit Avenue S.E.
3 « Hone�4 aN Surveyors Planners 40,,,/ ,,✓P' .A W ooe% .1I REOLWWWENIs of TI NWK5 escoe IN ACT AT TM ti 67 ��i tf
h ; or PAGE Go AT INS RENU6AT or RzOUE]Ta NEKT[ Renton. Washington
lets u,W Avenue SE N AN
Ji Bellevue,RA SHOO{ .(,2(I 1••• : KING COUNTY WASHINGTON
• Po Box$565 FTEL:AX: (425)4U-)OHO } ---- ` SCALE:As SHOWN AATE:AN SO,NV JOS Ra:sToO[ tLS DC
` $ Bellevue,WA WOOD FAX:(425)402-108 <�/ N ceArieatE No.Nst,
23�5-- ... • ASTE ...nu PN: .GR PElT, 1 PO A:
. , .
• • • •
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•
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,. . . : • ••• .•:1•••. . • • :••••••••_ .".•gr••••••••,'....
After recording pleaea return tot •
Cellulite One Bits identification: SE123 May Croak
617 Emitlake Avenue Elie
Seattle, Washington 96109
Attn.* Laurel Van Eaton
HEMORANDUM OF LEASE BETWEEN
ROBERT E. PRICKS AND DONNA C. WEAL (LANDLORD") AND
INTERSTATE MOBILEPHONE COMPANY ("TENANT")
A Lease between Robert E. Fricke and Donna C. Neal • .
("Landlord") and Interstate Nobilephona Company d/b/a
Cellular One ("Tenant") was made regarding a portion of the •
following Property legally described as follows: .•• •.
The North 275 feet of the West half of the East half of
the Northeast quarter of the Northwest,quarter of Section
10, Township 23 North, Range 5 East, N.M., in King County,
Washington; EXCEPT the West 42 feet conveyed to Wing County ••
for 138th Avenue S.E. by deed recorded under recording No.
6387727.
Situate in the County of King, State of Washington.
er The date of execution of the Site Lease Agreement was
CI
November 12, 1992. Subject Lease is for a term of five (5)
CD years and commenced on August 19, 1993 (the "Commencement
Date") and shall terminate at midnight on the last day of ,
4r4 the month in which the 5th anniversary of the Commencement
CI Date shall have occurred. Tenant shall have the right to
extend this Lease for five additional five year terms.
er
a S •
IN WITNESS WHEREOF, the parties hereto have
respectively executed this memorandum this -24e" day of
Avit,444-- , 199_1. • '.•••--!..
•
•
y Ro E. Fr o
• •
Its Owner •
Dy Donna C. Neal
Its Owner
•'':•••;,1•
••,1%,.i•;.e•
5°01 KO MOM OW 01am IN 001SOM t690-LISOK
•
•
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•
, • ift4.t , 1-10.-,:vok„--r -
.:,• ••'••1,1, v Li; -.t•t; .
•
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•
•
•
•
•
•
•
•
TENANT: INTERSTATE LEPRONE CO.
`f
By Ro H. o son • •
General Manag
•
•
•
•
tr
0I •
t0 •
O
ri
•
•
C"J
6
Memorandum of Lease Page 2 •
• .... r err e:. Y--• rt...its ' t giro.
. .. }, •
• ...�t.��'.. . ,h:�'.]1rs�?}tt �q�}aj�' of ti'a'' ., t� 7Fi
.� r :,F J'. tor h!� A�, '1 ��\,�' �tt..�� ,` .Y ..1 �C.,. N .eti.0 '.: 4• _►acwr...,
. ..4.. iJ7U17JOlfa [LY".7i YifrV�....
_�Yr-�..�r...a�...-�..-a y.. ..�n.w��.,e lna.w����.w..n...� n.�r...... ...n� ......_•w/.:.t..t ..cu_ _ .
•
11111
7 Sl
!!
Landlord
STATE OF WASHINGTON
COUNTY OF K i N
On this .201 day of may_ , 1
199 3, before me, a Notary Public in and for the State of
Wasi1ngton, personally appeared gO8e2T c• F4ieres , known
to me to be the SScdjG2• of
ysizg cxewK Ac,2t ,aa+T , the individual that executed
. the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of
said individual for the uses and purposes therein mentioned,
and on oath stated that he was authorized to execute said
instrwpp
443.1t PR/p9•�
,WITNESS my hand and the official seal affixed
e, a first above written.
n = WW1C 2�1�.�.. .
cr�s �w�►mJoli Notary Public in and for the State of%Ais"`-4.10•' ' Washington residing at A1seoasrx-ve -
tr ..,��Opwor ,. My commission expires 6-�*.S
0)
CD STATE OF WASHINGTON
is
'w�1 COUNTY OF 1G 4 n!b
ri-
kV on this z4 a° day of f Auq��CI) ,
199 3 , before me, a Notary Public in and for the State of r;' .
Wash�gton, personally appeared DmiNft G• /' L_ , known
to me to be the calmer). — of
naz,n,! cisme AGc reNT , the individual that executed
the a th n and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of . ,.
said individual for the uses and purposes therein mentioned,
'and on oath stated that she was authorized to execute said •
instrument.
. WITNESS my hand and the official seal affixed - •
the i�sy1I�year first above written. " r
1
,,4,ti'NPRIO0 y,�, c ,
' 5H7 � �
` :fNotary Public in and for the State of
� Washington residing at / rC�
p 10 =!el: My commission expires 1-�-
o.
''+. OF WASH....
. . . . . • . . .. . .
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•
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• • ' ••••• •';".'-;."'•-,,' '••1,:,,i,.-..,:•.=2:::?•-7.,.;. •:.:,'.'''..'.;..',:•:"..',7••:.f.:••:•:‘:i.'.!7:;;4:•:'t.'.;:.*;?.••.,:.7,'z'•'.,•;1•47::,;:•••.:=-••••:•:•,......7.-..f...1- . . , .
--•;,, „.. .
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Tenant
ii.
le STATE OF WASHINGTON
..•• •
• COUNTY OF KING
,:•.
f On this c:;?.4464/day of 1
• 1993 before me, a Notary Public in ante State of
v WaefirEgton, personally appeared Robert H. Johnson, known to %, •
me to be the General Manager of Interstate Mobilephone
Company, the partnership that executed the within and ••••.••••.-: •-•
..i foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said
partnership for the uses and purposes therein mentioned, and
• .
•
on oath stated that he was authorized to execute said
instrument. _
i'.
WITNESS m hand and .0 official seal affixed
the day and year firet)ot.ve t ! .
•
0,01,11.17,4,4,‘
• 4:0;:/r?
I.•on,Ia.& ...•
il ill
CS) 4)04:14;"ijC 11."'4 to t N. I FIFO •. P13• c n rrr.:1°-or 1.e - .3 e o if'(:;:...,.._ osit -0)D::: Washington residing at -4(' d
My commission expires . . •
:,-. ,......., ". . ,
, ri. 4bisose 4.$ •:.;:::,-. ..
ce) (44.4koorils
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.. , ., ...,...gh'.... .'...r:,;I:. t ,1f;A.:.;,'.!rit^4'4,r.ii '",l'ar 17:46..,"vy.irdr' •..1,,i,,!,,.„,..\,1„,_.. - .,, - %I...-.."-''''''.--==.'"."—.':"7.--.--....
• .: -.:.-.....,:•:,-ri..,...i.-,V.V4)1..,1, j..S4Y.PD..%;:A:.Ps,.f.A.if.j4d4:
, . . . .
20141219000622.001
Electronically Recorded
20141219000622
RETURN ADDRESS: SIMPLIFILE MEMO 83.00
Page 001 of 012
12/19/2014 11:25
After Recording Return to: King County,WA
Crown Castle
1220 Augusta,Suite 600
Houston,TX 77057
Attn:PEP
Document Title: Memorandum of Second Amendment to Site Lease Agreement
Reference Number(s)of None Known
Related Documents:
Landlord(s): Robert E.Fricks, as to an undivided 50%;Robert E. Fricks Jr.,as
to an undivided 10%;Teresa L. George,as to an undivided 10%;
Ronald E.Pricks,as to an undivided 10%;Raymond E. Fricks,as
to an undivided 10%;and Richard E.Fricks,as to an undivided
10%;as their respective separate property,and as tenants in
common
Tenant(s): NCWPCS MPL 24-Year Sites Tower Holdings LLC,a
Delaware'limited liability company
Legal Description: The N 275 ft.of the W Y2 of the E 1/2 of the NE ' of the NW 1/in
Sec. 10,T 23 N,R 5 E,W.M.
Assessor's Tax Parcel ID 102305-9081
Number:
Site ID: May Creek(BUN 846429)
The County Auditor will rely on the information provided on this form. The Staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard. ,
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I
understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of
the original document. Fee for non-standard processing is$150.
Signature of Requesting Party
20141219000622.002
MEMORANDUM OF SECOND AMENDMENT TO
SITE LEASE AGREEMENT
-This Memorandum of Second Amendment to Site Lease Agreement is made effective
this (0 day of term , 2014 by and between ROBERT E. FRICKS, as to an undivided
50%; ROBERT E. FRICKS JR., as to an undivided 10%; TERESA L. GEORGE, as to an
undivided 10%; RONALD E. FRICKS, as to an undivided 10%; RAYMOND E. FRICKS, as to
an undivided 10%; AND RICHARD E. FRICKS, as to an undivided 10%; as their respective
separate property, and as tenants in common (hereinafter collectively referred to as"Landlord")
and NCWPCS MPL 24 -YEAR SITES TOWER HOLDINGS LLC,a Delaware limited liability
company, by and through its Attorney In Fact, CCATT LLC, a Delaware limited liability
company(hereinafter referred to as"Tenant").
1. Robert E. Fricks and Donna C. Neal (collectively referred to as "Original
Landlord") and Interstate Mobilephone Company ("Original Tenant") entered into a Site Lease
Agreement dated November 12, 1992 (the "Original Lease") whereby Original Tenant leased
certain real property, together with access and utility easements, located in King County,
Washington from Original Landlord (the "Premises"), all located within certain real property
owned by Original Landlord ("Landlord's Property"). Landlord's Property, of which the
Premises is a part,is more particularly described on Exhibit A attached hereto.
2. The Original Lease was amended by that certain First Amendment to Site Lease
Agreement dated on or about August 7, 2002 ("First Amendment") (hereinafter the Original
Lease and First Amendment are collectively referred to as the"Lease").
3. Robert E. Fricks, Robert E. Fricks Jr., Teresa L. George, Ronald E. Fricks,
Raymond E. Fricks, and Richard E. Friks are currently the Landlord under the Lease.as the
current owners of Landlord's Property.
4. NCWPCS MPL 24 - Year Sites Tower Holdings LLC is currently the Tenant
under the Lease as successor in interest to the Original.
Site Name:May Creek 2
Business Unit 8:846429
20141219000622.003
5. The Lease had an initial term that commenced on August 19, 1993 and expired on •
August 31, 1998. The Lease provides for five extensions of five years each, four of which were
exercised by Tenant (each extension is referred to as a "Renewal Term"). According to the
Lease,the final Renewal Term expires August 31,2023.
6. Landlord and Tenant have entered into a Second Amendment to Site Lease
Agreement (the "Second Amendment"), of which this is a Memorandum, providing for six
additional Renewal Terms of five years each. Pursuant to the Second Amendment, the final
Renewal Term expires on August 31,2053.
7. By the Second Amendment, Landlord granted to Tenant the right of first refusal
to purchase all,or a portion,of the Landlord's Property, under the following teams:
•
If Landlord receives an offer to purchase fee title, an easement,a lease, a license,
or any other interest in the Premises, or Landlord's interest in the Lease, or an
option for any of the foregoing,Landlord shall provide written notice to Tenant of . ,. •
said offer, and Tenant shall have a right of first refusal to acquire such interest on
the same terms and conditions in the offer, excluding any terms or conditions
which are (i) not imposed in good faith or (ii) directly or indirectly designed to
defeat or undermine Tenant's possessory or economic interest in the Premises. If
Landlord's notice covers portions of Landlord's parent parcel beyond the
Premises, Tenant may elect to acquire an interest in only the Premises, and the
consideration shall be pro-rated on an acreage basis. Landlord's notice shall
include the prospective buyer's name, the purchase price and/or other
consideration being offered, the other terms and conditions of the offer, the due
diligence period, the proposed closing date and, if a portion of Landlord's parent
parcel is to be sold,leased or otherwise conveyed,a description of said portion. If
the Landlord's notice shall provide for a due diligence period of less than sixty
(60) days, then the due diligence period shall be extended to be sixty (60) days
from exercise of the right of first refusal and closing shall occur no earlier than
fifteen days thereafter. If Tenant does not exercise its right of first refusal by
written notice to Landlord given within thirty(30)days,Landlord may convey the
property as described in the Landlord's notice. If Tenant declines to exercise its
right of first refusal, then the Lease shall continue in full force and effect and
Tenant's right of first refusal shall survive any such conveyance. Tenant shall
have the right, at its sole discretion, to assign the right of first refusal to any
person or entity,either separate from an assignment of the Lease or as part of an
assignment of the Lease. Such assignment may occur either prior to or after
She Name:May Creek 3
Business Unit#:846429
20141219000622.004
Tenant's receipt of Landlord's notice and the assignment shall be effective upon
written notice to Landlord.
8. If requested by Tenant, Landlord will execute, at Tenant's sole cost and expense,
all documents required by any governmental authority in connection with any development of,or
construction on, the Premises, including documents necessary to petition the appropriate public
bodies for certificates, permits, licenses and other approvals deemed necessary by Tenant in
Tenant's absolute discretion to utilize the Premises for the purpose of constructing, maintaining
and operating communications facilities, including without limitation, tower structures, antenna
support structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses
incidental thereto. Landlord agrees to be named applicant if requested by Tenant. In furtherance
of the foregoing, Landlord hereby appoints Tenant as Landlord's attorney-in-fact to execute all
land use applications,permits,licenses and other approvals on Landlord's behalf. Landlord shall
be entitled to no further consideration with respect to any of the foregoing matters.
9. The terms, covenants and provisions of the Second Amendment shall extend to
and be binding upon the respective executors, administrators, heirs, successors and assigns of
Landlord and Tenant.
10. This Memorandum does not contain the social security number of any person.
11. A copy of the Second Amendment is on file with Landlord and Tenant.
[Execution Pages Follow]
Site Name:May Creek 4
Business Unit#:846429
20141219000622.005
IN WITNESS WHEREOF,hereunto and to duplicates hereof,Landlord and Tenant
have caused this Memorandum to be duly executed on the day and year first written above.
LANDLORD:
By:
ROB T E. PRICKS, as to an
undivided 50%
•
INDIVIDUAL
STATE OF b.+ hM )
)SS.
COUNTY OF_&.1A4_
)
I certify that I know or have satisfactory evidence that ROBERT E.PRICKS is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
Second Amendment to Site Lease Agreement to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED: /1 e,/11k
Notary Seal
Wiry Public
s�tta of tt .
LEANN 11 (Signature of N )
PAY ApPWttttttint Expitls.Oct 5.2016 LEn{ln (n
(Legibly Print or Stamp Name of Notary)
• Notary Public in and for the State of V rli `IC)tl
My appointment expires: la/ .12cs1
Site Name:May Creek 5
Business Unit#:846429
20141219000622.006
LANDLORD:
•
By:
OBER E. CK JR., as o an
undivided 10%
INDIVIDUAL
•
STATE OF tI )
)SS.
COUNTY OF )
•
I certify that I know or have satisfactory evidence that ROBERT E. FRICKS JR. is the person
who appeared before me,and said person acknowledged that said person signed this
Memorandum of Second Amendment to Site Lease Agreement to be his/her free and voluntary
act for the uses and purposes mentioned in the instrument.
DATED: >11 11 2.0111
Notary Seal
Notary Public
State of MOWN
MELANIE FINK 1 ( gnatur of Notary)
My Appointment Expires Aug 30,2017
)ke\arti c • .;c‘\f__
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of 1+
My appointment expires: 1 Yam' Q;I f
Site Name:May Creek 6
Business Unit 4:846429
20141219000622.007
•
LANDLORD:
•
TERESA L. GEORGE, to an
undivided 10%
INDIVIDUAL { •
STATE OF �CSNC n )
]� )SS.
) 1
COUNTY OF 0 )
I certify that I know or have satisfactory evidence that TERESA L. GEORGE is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
Second Amendment to Site Lease Agreement to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED: 1�N /-,t 20\4
Notary Seal •
•
..
JuLi�o i .0rusosv ..� ,
Notary Public
State of Washington (Sign.%of Not •
My Commission Expires
August 17, 2017 kj pr A0kt0<%0i�
(Legibly Print or Stamp Name of Not )
Notary Public in and for the State of,,� N1tJG`i
My appointment expires; \51 2c (\
•
Site Name:May Creek 7
Business Unit N:846429
•
20141219000622.008
LANDLORD:
a4.1;44......
By:`
RONALD E. FRICKS, as to an
undivided 10%
INDIVIDUAL
STATE OF 14)A— - )
. k )SS.
COUNTY OF )
I certify that I know or a satisfactory evidence that RONALD E.FRICKS is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
Second Amendment to Site Lease Agreement to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED: //-- /I- a b/zit •.
Notary Seal •
6-8• gnature of Notary)erA 44-Q-/ -)
(...-
�e. NOTARY •
iVl my ��(a 1e, V7i ,t.13.0''''�0'' (Legibly Print or Stamp Name of Notary)
',oh��rWAS�11%• Notary Public in and for the State of '
My appointment expires:
•
•
Site Name:May Creek 8
Business Unit 4:846429
1
20141219000622.009
r. >
LANDLORD:
By:
RA MO D E. FRICKS, as to an
undivided 10% •
INDIVIDUAL
STATE OF )
)SS.
COUNTY OF ( c 5,AN,SQ )
I certify that I know or have satisfactory evidence that RAYMOND E.FRICKS is the person
who appeared before me,and said person acknowledged that said person signed this
Memorandum of Second Amendment to Site Lease Agreement to be his/‘free and voluntary
act for the uses and purposes mentioned in the instrument.
DATED: , ILLV
Notary Seal •
£IjjiJZ]
MI Kk
(Legibly Print or Stamp Name of Notary)A
Notary Public in and for the State of r '
My appointment expires: tQI\ %0
Site Name:May Creek
9
Business Unit 846429
20141219000622.010
LANDLORD:
By: .
CHARD E. FRICKS, as to an
undivided 10%
INDIVIDUAL
•
STATE OF WPC )
l )SS. •
COUNTY OF �l7 )
I certify that I know or have satisfactory evidence that RICHARD E. FRICKS is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
.Second Amendment to Site Lease Agreement to be iy)her free and voluntary act for the uses and
purposes mentioned id the instrument.
•
DATED: 1\ �p
Notary Seal 4
Notary Public Signature of Notary)
State of Washington
Ft SC®TT BRIER ^-)�
;MY COMMISSION EXPIRES 41LO t 1
OCTOBE.R 12,2015 ' (Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of L is
My appointment expires: D UT \2- t S"
•
• Site Name:May Creek • 10
•
• Business Unit#:846429
20141219000622.011
TENANT:
NCWPCS MPL 24-YEAR SITES TOWER
HOLDINGS LLC,a Delaware limited liability
company
By: CCATT LLC,a Delaware limited
• liability company
Its: Attorney In Fact
By: f(c` i a/ ,
is Sep
Print Name: � ���
i1Cr Manage!
Title:
LIMITED LIABILITY COMPANY
STATE OF .\*.`nS )
)SS.
COUNTY OF \1�R1'Q,'Ql\S )
I certify that I know or have satisfactory evidence that \\\SA 3.1&%\1 I..\� is the
person who appeared before me, and said person acknowledged that said person signed this
Memorandum of Second Amendment-to Site Lease Agreement,on oath stated that said person
was authorized to execute the instrument and acknowledged it as the 'V 1\\\C\\ M.Ck
of CCATT LLC,to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: \t 1.ea%.. mt '04 .
Notary Seal
o''at"p''y� CHARITY TARIMA /'
P. V
�� '•
it Notary Public,Slate of Texos (Signature of Notary)
1..i\..7.1 My Commission Expires
%;�eai c` September 04,2017 `'�'�'t\T1 -\%itMV+
4ana�
•
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of '"C Ok%, 1
My appointment expires: CA•Q1� • \-1 1
I
i
Site Name:May Creek 11
Business Unit#:846429
20141219000622.012
EXHIBIT A
(Legal Description of Landlord's Property)
The real property situated in the County of King, State of Washington,described as follows:
THE NORTH 275 FEET OF THE WEST ''A OF THE EAST'A OF THE NORTHEAST'/OF
THE NORTHWEST'A IN SECTION 10,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.
EXCEPT THE WEST 42 FEET CONVEYED TO KING COUNTY FOR 138TH AVENUE S.E.
BY DEED RECORDED UNDER RECORDING NO.6387727.
•
•
Site Name:May Creek 12
Business Unit#:846429
20141219000622 001
Electronically Recorded
20141219000622
RETURN ADDRESS: SIMPLIFILE MEMO 83.00
Page 001 of 012
12/19/2014 11:25
After Recording Return to: King County,WA
Crown Castle
1220 Augusta,Suite 600
Houston,TX 77057
Attn:PEP
Document Title: Memorandum of Second Amendment to Site Lease Agreement
Reference Number(s)of None Known
Related Documents:
Landlord(s): Robert E.Fricks,as to an undivided 50%;Robert E. Fricks Jr.,as
to an undivided 10%;Teresa L. George,as to an undivided 10%;
Ronald E.Fricks,as to an undivided 10%;Raymond E. Fricks,as
to an undivided 10%;and Richard E.Pricks,as to an undivided
10%;as their respective separate property,and as tenants in
common
Tenant(s): NCWPCS MPL 24-Year Sites Tower Holdings LLC,a
Delaware limited liability company
Legal Description: The N 275 ft. of the W 1/2 of the E 1/2 of the NE %of the NW 1/4 in
Sec. 10,T 23 N,R 5 E, W.M.
Assessor's Tax Parcel ID 102305-9081
Number:
Site ID: May Creek(BUN 846429)
The County Auditor will rely on the information provided on this form. The Staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard.
1 am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. 1
understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of
the original document Fee for non-standard processing is$150.
Signature of Requesting Party
20141219000622.002
MEMORANDUM OF SECOND AMENDMENT TO
SITE LEASE AGREEMENT
This Memorandum of Second Amendment to Site Lease Agreement is made effective
this d0 day of , 2014 by and between ROBERT E. FRICKS, as to an undivided
50%; ROBERT E. FRICKS JR., as to an undivided 10%; TERESA L. GEORGE, as to an .
undivided 10%; RONALD E. FRICKS, as to an undivided 10%; RAYMOND E. FRICKS, as to
an undivided 10%; AND RICHARD E. FRICKS, as to an undivided 10%; as their respective
separate property, and as tenants in common (hereinafter collectively referred to as"Landlord")
and NCWPCS MPL 24 -YEAR SITES TOWER HOLDINGS LLC,a Delaware limited liability
company, by and through its Attorney In Fact, CCATT LLC, a Delaware limited liability
company(hereinafter referred to as"Tenant").
1. Robert E. Fricks and Donna C. Neal (collectively referred to as "Original
Landlord") and Interstate Mobilephone Company ("Original Tenant") entered into a Site Lease
Agreement dated November 12, 1992 (the "Original Lease") whereby Original Tenant leased
certain real property, together with access and utility easements, located in King County,
Washington from Original Landlord (the "Premises"), all located within certain real property
owned by Original Landlord ("Landlord's Property"). Landlord's Property, of which the
Premises is a part,is more particularly described on Exhibit A attached hereto.
2. The Original Lease was amended by that certain First Amendment to Site Lease
Agreement dated on or about August 7, 2002 ("First Amendment") (hereinafter the Original
Lease and First Amendment are collectively referred to as the"Lease").
3. Robert E. Fricks, Robert E. Fricks Jr., Teresa L. George, Ronald E. Fricks,
Raymond 'E. Fricks, and Richard E. Friks are currently the Landlord under the Lease.as the
current owners of Landlord's Property.
4. NCWPCS MPL 24 - Year Sites Tower Holdings LLC is currently the Tenant
under the Lease as successor in interest to the Original.
Site Name:May Creek 2
Business Unit 0:846429
20141219000622.003
5. The Lease had an initial term that commenced on August 19, 1993 and expired on
August 31, 1998. The Lease provides for five extensions of five years each, four of which were
exercised by Tenant (each extension is referred to as a "Renewal Term"). According to the
Lease,the final Renewal Term expires August 31,2023.
6. Landlord and Tenant have entered into a Second Amendment to Site Lease
Agreement (the "Second Amendment"), of which this is a Memorandum, providing for six
additional Renewal Terms of five years each. Pursuant to the Second Amendment, the final
Renewal Term expires on August 31,2053.
7. By the Second Amendment, Landlord granted to Tenant the right of first refusal
to purchase all,or a portion,of the Landlord's Property,under the following terms:
If Landlord receives an offer to purchase fee title, an easement,a lease, a license,
or any other interest in the Premises, or Landlord's interest in the Lease, or an
option for any of the foregoing,Landlord shall provide written notice to Tenant of
said offer, and Tenant shall have a right of first refusal to acquire such interest on
the same terms and conditions in the offer, excluding any terms or conditions
which are (i) not imposed in good faith or (ii) directly or indirectly designed to
defeat or undermine Tenant's possessory or economic interest in the Premises. If
Landlord's notice covers portions of Landlord's parent parcel beyond the
Premises, Tenant may elect to acquire an interest in only the Premises, and the
consideration shall be pro-rated on an acreage basis. Landlord's notice shall
include the prospective buyer's name, the purchase price and/or other
consideration being offered, the other terms and conditions of the offer, the due
diligence period, the proposed closing date and, if a portion of Landlord's parent
parcel is to be sold,leased or otherwise conveyed,a description of said portion. If
the Landlord's notice shall provide for a due diligence period of less than sixty
(60) days, then the due diligence period shall be extended to be sixty (60) days
from exercise of the right of first refusal and closing shall occur no earlier than
fifteen days thereafter. If Tenant does not exercise its right of first refusal by
written notice to Landlord given within thirty(30)days,Landlord may convey the
property as described in the Landlord's notice. If Tenant declines to exercise its •
right of first refusal, then the Lease shall continue in full force and effect and
Tenant's right of first refusal shall survive any such conveyance. Tenant shall
have the right, at its sole discretion, to assign the right of first refusal to any
person or entity,either separate from an assignment of the Lease or as part of an
assignment of the Lease. Such assignment may occur either prior to or after
Site Name:May Creek {
Business Unit if:846429 3
20141219000622.004
Tenant's receipt of Landlord's notice and the assignment shall be effective upon
written notice to Landlord.
8. If requested by Tenant, Landlord will execute, at Tenant's sole cost and expense,
all documents required by any governmental authority in connection with any development of,or
construction on, the Premises, including documents necessary to petition the appropriate public
bodies for certificates, permits, licenses and other approvals deemed necessary by Tenant in
Tenant's absolute discretion to utilize the Premises for the purpose of constructing, maintaining
and operating communications facilities, including without limitation, tower structures, antenna
support structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses
incidental thereto. Landlord agrees to be named applicant if requested by Tenant. In furtherance
of the foregoing, Landlord hereby appoints Tenant as Landlord's attorney-in-fact to execute all
land use applications,permits,licenses and other approvals on Landlord's behalf. Landlord shall
be entitled to no further consideration with respect to any of the foregoing matters.
9. The terms, covenants and provisions of the Second Amendment shall extend to
and be binding upon the respective executors, administrators, heirs, successors and assigns of
Landlord and Tenant.
10. This Memorandum does not contain the social security number of any person.
11. A copy of the Second Amendment is on file with Landlord and Tenant.
[Execution Pages Follow)
Site Name:May Creek 4
Business Unit#:846429
•
. ` I
20141219000622.005
IN WITNESS WHEREOF,hereunto and to duplicates hereof,Landlord and Tenant
have caused this Memorandum to be duly executed on the day and year first written above.
LANDLORD:
•
By:(7 �
ROB T E. FRICKS, as to an
undivided 50%
•
INDIVIDUAL
STATE OF i. reLftM )
)SS.
COUNTY OF )
I certify that I know or have satisfactory evidence that ROBERT E.FRICKS is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
Second Amendment to Site Lease Agreement to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED: tt/ e:)/I Vt
Notary Seal
4 ..
1 (Signature of Nk
My Appointment Expires Oct 5.2016
ln� din
(Legibly Print or Stamp Name of Notary)
• Notary Public in and for the State of 11Slii N,..\
My appointment expires: / /Zol t,.., .
Site Name;May Creek 5
Business Unit#:846429
20141219000622.006
LANDLORD:
•
By:
OBER E. CK JR., as o an
undivided 10%
INDIVIDUAL
STATE OF to R. )
)SS.
COUNTY OF •
i_
I certify that I know or have satisfactory evidence that ROBERT E. FRICKS JR. is the person
who appeared before me,and said person acknowledged that said person signed this
Memorandum of Second Amendment to Site Lease Agreement to be his/her free and voluntary
act for the uses and purposes mentioned in the instrument.
DATED: 11 1 11 12.4144-
Notary Seal
+ ' a +
Notwy Pubne
State of tNashisgton 9-'1"1/11-M16
MELANIE FINK
My Appointment Expires Aug 30,2017jUke\ani e- • -ciCk
( $nature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of -
My appointment expires: K.11 0 0 71A1
Site Names May Creek
Business Unit I:846429 6
}
. •
•
20141219000622.007
•
LANDLORD;
•
•
Bya#14.12-0eLCV.,,e165 ------
TERESA L. GEORGE, to an
undivided 10%
INDIVIDUAL
STATE OF �CS l� n )
)SS.
COUNTY OF Yikik 6 )
I certify that I know or have satisfactory evidence that TERESA L. GEORGE is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
Second Amendment to Site Lease Agreement to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED: ok) Jr 2,0 V
Notary Seal
,..
� JULIA t .1014NSON + �
Notary Public
State or Washington (Sign.%ofNot •
My Commission rrxpites •
August 17, 2017 �V � �Ok1
„.._,..^..,_ ...>. (Legibly Print or Stamp Name of Not )
Notary Public in and for the State of,WP 3G`t
My appointment expires; \512r ck
Site Name:May Creek 7
Business Unit fi:846429
•
II
20141219000622.008
LANDLORD:
By(
RONALD E. FRICKS, as to an
undivided 10%
INDIVIDUAL .
STATE OF UIj"n )
)SS.
COUNTY OF.l )
I certify that I know or a satisfactory evidence that RONALD E.FRICKS is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
Second Amendment to Site Lease Agreement to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED: //— /�'` c=2O/ .
Notary Seal
•• A o sir, 6sYbac� (��-r "of Notary)
NOTARY
N minxI---c
,e, V7
ii ;49'1;... Off` (Legibly Print or Stamp Name of Notary)
w fr fWAS ' % Notary Public in and for the State of
My appointment expires:
IE
Site Name;May Creek 8
Business Unit 4:846429
20141219000622.009
LANDLORD:
•
By:
RA MO D E. FRICKS, as to an
undivided 10% •
INDIVIDUAL
STATE OF )
)SS.
COUNTY OF ( �i� '_ )
I certify that I know or have satisfactory evidence that RAYMOND E.FRICKS is the person
who appeared before me,and said person acknowledged that said person signed this
Memorandum of Second Amendment to Site Lease Agreement to be his/ r free and voluntary .
act for the uses and purposes mentioned in the instrument.
DATED: ON VI— tA.
Notary Seal .
C}M . 1LEE (Signs a of No )
WARYPIIlUgUf82
® ORANGE MINTY
- -r NtrYem Ego,Octoberl7 .
(Legibly Print or Stamp Name of Notary)A
Notary Public in and for the State of C(.T
My appointment expires: lQ1\\' tD
•
Site Name:May Creek 9
Business Unit 8:846429
20141219000622.010
•
•
LANDLORD:
By: (4°. *
CHARD E. FRICKS, as to an
undivided 10%
•
INDIVIDUAL
STATE OF WPC )
•
)SS. •
COUNTY OFt L� )
I certify that I know or have satisfactory evidence that RICHARD E. FRICKS is the person who
appeared before me,and said person acknowledged that said person signed this Memorandum of
Second Amendment to Site Lease Agreement to be( her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED:
Notary Seal
Notary Public Signature ofNotary)
State of Washington
RSC®TTIOEi t--- ¢
MY COMMISSION
EXPIRES
0010E1E1112,2015 (Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of W Ps
My appointment expires: O oc \3` ),t S"
•
•
• Site Name:May Creek • 10
•Business Unit#:846429
•
•
20141219000622.011
TENANT:
NCWPCS MPL 24-YEAR SITES TOWER
HOLDINGS LLC,a Delaware limited liability
company
By: CCATT LLC,a Delaware limited
liability company
Its: Attorney In Fact
idd �'►. Set
PrintBy: Name:K g r iicYk
RET Manager
Title:
LINIITED LIABILITY COMPANY
STATE OF .' .X ) •
)SS.
COUNTY OF WRiCCVN\S )
I certify that I know or have satisfactory evidence that \ V't %•3I.'t1&\IANC.Xi is the
person who appeared before me,and said person acknowledged that said person signed this
Memorandum of Second Amendment-to Site Lease Agreement,on oath stated that said person
was authorized to execute the instrument and acknowledged it as the 'Q\S"C 1Ucl t
of CCATT LLC,to be the free and voluntary act of such party for the uses.and
purposes mentioned in the instrument.
DATED: \/ QS.C�ScR)t , 11%l .
Notary Seal .
ArPV�Q CHARITY TARIMA �
'.4_'fy: Notary Public.State of Texas (Signature of Notary}
1.
t.4,Jr r My Commission Expires
",r'&' �° September UA,2017 Q�'Qk' ''fill -�4NAM' t
'. e s �
�hphn�
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of "C QS
My appointment expires: ClR.01. • NA
j
Site Name:May Creek
l 1
Business Unit#:846429
20141219000622.012
EXHIBIT A
(Legal Description of Landlord's Property)
The real property situated in the County of King, State of Washington,described as follows:
THE NORTH 275 FEET OF THE WEST %2 OF THE EAST%OF THE NORTHEAST'A OF
THE NORTHWEST'A IN SECTION 10,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.
EXCEPT THE WEST 42 FEET CONVEYED TO KING COUNTY FOR 138TH AVENUE S.E.
BY DEED RECORDED UNDER RECORDING NO.6387727, . ,•
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Site Name:May Creek 12
Business Unit#:846429
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WHEN RECORDED RETURN TO: F3 ' • •
OneComm Corporation
S
dbaNextel Communications
3 .
5808 Lake Washington Blvd.,Suite 400
Kirkland,WA 98033 ..
ATTN: System Development Manager I .
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DOCUMENT1TTLE(S): S : .
1. Memorandum of Lease /9/'-e...12-IA-A-4
, 2. ‘s.61)
3. RED BY CHICAGO TITIE NSURANCE CO. on
. 4. REF,# If i.. -E-4162-6, .- • -. .
cf, REFERENCE NUMBER(S)OF DOCUMENTS ASSIGNED OR RELEASED:
0
Ir. Additional names on page of documents
CD . .•.. .
CV GRANTOR(S): ;• • '
02 1. Robert E.Fricks •
2. Donna C.Fricks
CO 3 , •.,••; ,
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Additional names on page of documents •
GRANTEE(S): bil39.
1. OneComm Corporation,N.A.Nextol Communications 'I
2.
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Additional nannis on page of documents {k'f, • •
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LEGAL DESCRIPTION: "t-?*, . , •
Lot-Unit: Block: Volume: Page:
Section: Township: Range: • 1,-.-. •
Plat Name:
Metes&Bounds N 275 ft of W'A of E'A of NE'A of NW'A in Sec.10,Twn.23N,R SE
_Additional names on page
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S):°Fdmue1
—Additionia°12n3=05-9081-09 • -
es on page of documents .,.
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•,, 42•4•,••::",,,,.1'.••-0113-:,. ."' I• l•--> ,.u,,•z.-•1 <,••-4•,••••!,,_ •••4.:..,_••••, • • • ..
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j1 ,MORANDVM OF AGREEMENT
• CLERK: Please sedum this document to: OneComm Corporation,N.A.
dba Nextal Conamnicationa
5808 Lake Washington Blvd.,Suite 400 •
Kirkland,WA 98033 .
• ATTN: System Development Mansur .
This Memorandum ofAgreeme t is catered into on this of esss 1997,by and between Robert '•
E.Frick,and Donna C.Pricks,with an office at 1621 Canna Avenue NE,Renton,WA 98056,(hereinafter referred •
to as"Lessor")end OneCamm Corporation,N.A.,a Delaware Corporation.dba Nextel Cormmaications,with an •
office at 5808 Lake Washington Blvd.,Suite 400,Kirkland,Washington 98033 (hereinafter referred to as
"Lessee"). . .
1. Lessor and Lessee entered into a Communications Site Lease Agreement("Agreement")on the 1i •
• day of twiggy 1997,for the purpose of installing.operating and maintaining a radio communications •
facility�difQUOZr improvements.All of the foregoing are set forth in the Agreement. •
2. The term of the Agreement is for five(5)years commencing upon construction 1997 or December 1, !'
® 1997,whichever first occurs("Commencement Date"),and terminating an the fifth anniversary of
the Commencement Date with three(3)successive five(5)year options to renew.
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CO 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The
N portion of the load being leased to Lessee(the"Premises")is described in Exhibit B annexed hereto. ; :;;. -
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7) IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement as of the day and '
year frost above written.•
I., . '',t:
LESSEE: OneComm Corporation N.A,a LESSOR: Robert E.Friclm
Delaware corporation,d.b.a. Donna C.Fricke . .
Nextel cations •• '
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Name: I'l r Name: a�,t A-c.2!'.. r'I
Title: .. it Date: 3 f .7-f)•T L.71Y'g
Date: �/ /! 9 7 Tad ID fi:242.44.0715 _
Name: fi�J C / `,-e ; ® al
Date: /—r3 J' 97• '
C.
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• ACKNOWLEDGMENTS • I
ALL SIGNATURES MUST BE ACKNOWLEDGED
•
STATE OF Washington )
COUNTY OF ) as I •
e foregoing t as acln /edged before me thisdoy of 199�by ; .
9 I!� i��s�1—lrN� of orlEcon�f cotlFoxAnox,N ,a nerawar�
co oration d.b.a.NexteI Ciommunications.
WITNESS my hand and ofEnii SE@, rt
zrkir,...,„,......,,,s;c›,
p1 otary pub r Wm oa
i ' Residing is
i +}'a t S Bt ) My commission expires: <7/�', , .:
olass• State of Waiihkagton trt OPim ' t . . ,
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//r'' Ott++�.se.�`�
T,tinet�y`bat I know or have satisfactory evidence that AertotC.�ii,,te is the person who appeared
co •
tle e.AlPaid person acknowledged that he/she signed this instrument,on oath stated that he/she was '
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au Vr:t •I.execute the instrument, and acknowledged it as the of
CIttic � to be the free and voluntary act of such party for the uses and purposes mentioned
l'• •r31i P •
Cr) 'Dated: I• /99 ,199 %.
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�y/ !//Yi,e �ty . 3.
Notary'Pu tc for Washington pi.
Residing at
• My appointment expires: 4f"eV
State of Washington )
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County of ,��F ) •
I.c that I know or have satisfactory evidence that,�rttr e s1efe is the person who appeared ,
••
before �said person acknowledged that he/she signed this instrument,on oath stated that he/she was r'
autharizelti+ execute the instrument,and acknowledged it to be his free and voluntary act for the uses and
pwpo€es. p5oned in the instrument. t
• • rated'•:"=f•.�/ 199,7 �•
gar
C'�7y�44 Notary PubLc foz Washinghpp_ '
1.N m Residing at GI?�f�7 i
' ....esMy appointment expires: !/9ne a
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E7UBIT A ..
DESCRIPTION OF LAND
• to the Agreement dated p��7 .1997,by and between Robert f.Prieto and Donna C.Fricka .
as Le m Lessor,and OneCom CoapocatTodN.A.,a Delaware cosporadon,d.b.a.Newel Communications,as Lessee.
The Land is described andfor depicted as follows(metes and bounds deacription)c 1'• :
The North 275 feet of the West Si of the East'A of the Northeast''A of the Northwest''A in Section 10,Township 23
North,Range 5 East,W.M. r •
Situated in the County of King,State of Washington. 411
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E1CHIBITB •
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DESCRIPTION OF PREMISES ■era•�i J
'f `1'
m the Agreement dated ,%// • 1997,by and between Robert E.Ricks and Donna C.
Flicks,as Lessor,and OneComm Corporation N.A.,a Delaware corporation,d.b.a.Nextel Communications,as
Lessee.
•• The 9rrni*n 'l
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ambed aubed and/or depicted as follows: -
Castanl,— r/,�. •4y .••.. r tInsistt rolw[un 1
PARCtl/ •••.•; -
102><)5-9081-09 text.; _ _ .. :�. ..;,;; •
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•It O1 Le1tna'-L• - •, ' ••'• ,
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C) tabiatoIRIS— , . ' I c f ENI Shawn •
vacrosit tsPow-... .11 � x;:
%Er). rsliP rtl2{ =ear r . k7•. :;tf'x"vtr' `i , Y=a" f•..o• :MC—at/ tM tto L'Es '
eett itsCUM a+en.s A CRAW RearsXWaar BUNGED SITE PUN -2 Of 2 SITE NuUaEB:Mt I It022Z-2 f..•
• .•wsi SaG NEXIEL COMMUNICATIONS DATE: 16 JAM 97 ;.
I)en tn,er U cat eI 1.00D as ACM • HOUNDS/HAMpEV �' 4/rc MT Mt 11224 135111 SAME SE,AMOR •
��
1 • This Exhibit maybe replaced by a land mongol of the Ptanitesoace It is received by Lessee.
,fir
Setback of the Piernises from the Wes boundaries shag be the d suaa governmental by the applicable govcmental #``1A'
authorities. :•'•:
width of access road dull be the width required by the applicable governmental authorities.Including police end ,-1.1.
• rile&pemnenet. t i:l ,
The type,number and nnuntiog positions and la:clans of'menu and trunndnlon lines are illueo-ative only. f .:5. •
• Actual typo.nu ebeus.moumiag positions may vary from what is shown above.
• Notes: 't;:;
This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. #'' I
Setback of the Premises from the Land's boundaries shall be the distance required by the applicable govcmmental t.. `"r'
authorities. <r r.,
Width of access road shall be the width required by the applicable gov.-rnmental authorities,including police and ` ,•,•,
fire departments. c•,'•• •
The type,number and mounting positions and locations of antennas and transmission lines are illustrative only. I-:-1
Actual types,numbers,mounting positions may vary from what is shown above. ti?'t;�•.
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DESCRIPTION OF PREMISES f��t!1
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to the Agreement dated 1997,by and between Robert E.Ricks and Donna C.
Fricks,as Lessor,and OneComm Co ration NA.,a Delaware corporation,d,b.a.Mattel Communications,as
Lessee. •
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i The Premises are described s d/ordepictedalfollows: • .
PARCEL( ----- iOCI ar+aw ---- - - - t a
10230.5-90a1-09 .. ( - . List u..: •• t et s.T Ism gum .
' `-- �.�7mf�+f,,�1 Ga•€f9i '.^\ _. .— M1tR ilµ ,
�-S! r :todtarnaon/wham' ``c {F •
• - `''�• }T tfSIN1:"mat IiRI�• 4�
l :`� `LI tASL C Isce
1 !AMC Egttlaia• • • IJ• y G�jl�• • UISIJL VICE
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�. lntanuo isris•Lwc •r' �1' I, .
lA ,'!. •.ar+e ttt.sxn a af::i.• ' I'•§ �ii • ' 6' • �
II. ! • ,/t ,• (rrS11C MVO.ow-
KM C9110ai I:raS l •!Lurk 1 Jr/ `� , • .
s.wt alPlsa1N1s.1Cau y, .x r, I •:•::'.`��i—'•• 0 elil'C al fAlS ,
avv,DO W1 SCAM r.
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(() car let Ali �1..�-»- ;-- =ram �;' s;R iu;�--a.rif .- ..
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WO SITE PLAN- I Or 2 • SEE MAIBER:fall 0 Sum Smarr 6 s.MA4 Kvacrimaroa or Ws:Ws:rats. N-EXTEL COMMUNICATIONS DAIG 16 yW 97 �1i • . r.
ii Mr d nut ur rrntu m w4a HICUINOS/HAZEN WV. t:•. lI
11224 I36IH AVENUE SE.RENTON .'
Niles: •is.:•• ,
This Exhibit may berepiattd by■lad survey of the Premises once it is received by lessee, s,.:;
Setback of the Remise'from the[.and's boundaries"hull be the distance required by the applicable go.enowtel t',•
authorities
Width of access mad shall be the width required by the applicable governmental authorities,including police and ••t,l •
fatedeputmenb• ;r,; ,
The type,number and mounting politicos'and location of Amami and trannniuion tines arc illustrative only. ',''
Actual types.eureka.mounting positions may vary from what b shown above.
This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. ?:`• -'t'i
Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental e
authorities. .`
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Width of access road shall be the width required by the applicable governmental authorities,including police and a
Fite departments. •
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The type,number and mounting positions and locations of antennas and transmission lines ate illustrative only. I•;' '
Actual types.number;mounting positions may vary from what is shown above.
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Prepared by and Return to:
TITLE AND RECORDATION DEPARTMENT
.Site No.WA-011I 20020920000742
SpectraSite Communications,Inc. MAIL ALE 24 00
100 Regency Forest Drive,Suite 400 RAGE 601 OF 006
1
Cary,North Carolina 27511 KIINGOCOUNTY,8UA
Send tax bills to:
PROPERTY MANAGEMENT DEPARTMENT
Site No.WA-0111
SpectraSite Communications,Inc.,
100 Regency Forest Drive,Suite 400 Please cross-reference to the Memorandum of
Cary,North Carolina 27511 Agreement recorded as Instrument No 970226-1309
(Recorder's Use Above this Line)
STATE OF WASHINGTON
COUNTY OF KING
MEMORANDUM OF ASSIGNMENT
This Memorandum of Assignment is effective as of the 20th day of April, 1999, by and
ce4 between NEXTEL WEST CORP., a Delaware corporation, formerly known as OneComm
ert Corporation,N A ("Nextel"),and TOWER PARENT CORP., a Delaware corporation("Parent
Co.").
1. Pursuant to that certain Assignment of Leases dated the 20th day of April, 1999, (the
"Assignment") Nextel has assigned to Parent Co. and Parent Co. has accepted such
assignment and assumed all of Nextel's rights to and obligations as lessee under that
certain Communications Site Lease Agreement (Ground) (Washington) dated
February 7, 1997 ("Prime Lease"), between OneComm Corporation, N A, a
Delaware corporation, d/b/a Nextel Communications, and Robert E Fncks and .
Donna C Fncks, for a certain portion of real property and easement(s) as described
in the Prime Lease and depicted on Attachment A("Premises") attached hereto and
incorporated herein
2 The Prime Lease is evidenced by a Memorandum of Agreement dated February 7,
1997, recorded as Instrument No. 970226-1309, in the official records of King
County, Washington
3. The purpose of this Memorandum of Assignment is to give record notice of the
Assignment and of the rights created thereby. A full and complete copy of the
Assignment is on file at the office of Nextel The terms of the Assignment are
incorporated herem by reference.
Memorandum of Assignment Site Name Highland/Hazen
Site No WA-01 11
IN WITNESS WHEREOF,the parties hereto have caused this Memorandum of Assignment to
be executed and delivered effective as of the date indicated above.
NEXTEL WEST CORP.,a Delaware
corporation
By: l)kiMaosoto
Name Travis Morey �.‘`• * •111*
Title. Senior Direct
11. 698i G
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A 1V3S
By. ( ti tL.t,, LJ�.{,t,� �Sea1) �,,�'�.,.=
Name Christie A Hill • •
„ ,,•• '�
Title.Secretary
[AFFIX CORPORATE SEAL]
C=l
cJ
TOWER PARENT CORP.,a Delaware
corpora on wt�
cw By: eal)
c=► Name:Travis Morey .•''•;, .`'�
Q.e Title. Senior Direr :. `•
sj
ATTEST. �,. ';.L.
Qv
By` LCk� ,11 C7 �''('Seal<<.,.::
Name•Christie A.Hill
Title. Secretary
[AFFIX CORPORATE SEAL]
Memorandum of Assignment Site Name Highland/Hazen
Site No WA-0111
NOTARY ACKNOWLEDGEMENT FOR NEXTEL WEST CORP.
Penny C Henon
State of NOTARY PUBLIC
Commonwealth of Virginia
County of \l My Commission Expires 5/31/05
This instrument was aclmowledged before me on Ikk� t� , (Z) , by Travis
Morey,who is the Senior Director of NEXTEL WEST CORP., a Delaware corporation,personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the withm mstrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted,
executed the mstrument
". y hand and official seal,this ( day of iiIICv`''` / ,2002
`�`�� ••�NyyF�Oy Signature ,i
2 r.
.0�` <i�,. i� r.
OF s • a My commission expires 6/3I 106
T. • NOTARY SEA!,
may .!• RG14 ,S-.;
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a=t NOTARY ACKNOWLEDGEMENT FOR TOWER PARENT CORP.:
as
'+1=r ���v State of �(1 .�'' Penny C.Henon
eV NOTARY PUBLIC
cm County of cat,r S-/ Commonwealth of Virginia
01=' My Commission Expires 5/31/05
cam+ This instrument was acknowledged before me on ie,..bi 15 200 , by Travis
.,ii=
,‘Q=4 Morey, who is the Senior Director of TOWER PARENT'CORP., a Delaware corporation, personally
eV known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
I subscribed to the within instrument and acknowledged to me that he/she executed the same m his/her
authorized capacity, and that by his/her signature on the instrument, the entity upon behalf of which the
person acted,executed the instrument
1 t
WITNESS*, hand and official seal,this 15 day of ` - CX__L, ,2002
No c 44 `` ,w-+/02�.,, Signature � � bki/`-" '
& • am�• I My commission expires. SI 3 I 1
NM' 4I.,
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Memorandum of Assignment Site Name Highland/Hazen
Site No WA-01l i
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EXHIBIT"A"
PREMISES
Attached to and made a part of that Memorandum of Assignment between NEXTEL WEST CORP., a
Delaware corporation ("Nextel"), and TOWER PARENT CORP., a Delaware corporation ("Parent
Co.").
The Parent Tract is described and depicted as follows:
The North 275 feet of the West %2 of the East %2 of the Northeast t/ of the Northwest % in Section 10,
Township 23 North,Range 5 East,W M
Situated in the County of King,State of Washington.
a
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Memorandum of Assignment Site Name Highland/Hazen
Site No WA-01]1
•
EXHIBIT"A"
PREMISES
(Continued)
The location of the Premises within the Parent Tract is more particularly described or depicted as
follows:
The 'r.pi Re,are decerlbed,•dlor• •!dad is rellows
,• f//r!;+, Ijr'a'.1-rLI-t_+ —LKKI.ko£O,AIvtNi
PARCEL
p rira --- $►1LLIFa
102305-SO$I-O9 . .i • r • r
< I —7-PRDEOSED 12'CRAWL
‘"I' AMR brave .
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-,P,- I+---- I PROPOSED RbtAr Of
1 I i ,ONDDf�um
�. PRO OM)LEASE uNE-,'-1 7 ''
t 1 1 .
RR4PQ5a t1 iiNCE LW+E- -t1—T f r
ct‘s l E 1
m PRt1 EO
t vamp 1pELs -- •' DAMN(b1,CLTER
WV RoSHE5 •
I Car ROOM 12D• I R•' ••r, hi al
• 177A. a, • I Is, } .'
FROPcsito()}ow ''4' W i ,
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eSiff PLAH. .�'•.^'_r 4 ' ,N''? -' 9•-10'1../R:',ram - -- td'S, ✓ '•-0' - �,KYRe N fIASCuti
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mons ENLARGED SITE PLAN •- 2 OF 2 IT NUMBER. WA1114022Z-2
133 PLAN TAN S A CRAFM{'9t1WSIN1AnON NLXfEL COMMUNICATION$ UAIE 16 JAN 97
RATAN
21 fIAS'F1IIAI J 0' MO 9F AVE)IOCO ON ADM HIOLANOS / HAZEN RN
10 A! iwL 11224 138TH AVENUE sr. RENTON
Memorandum of Assignment Site Name Highland/Hazen
SiteNo WA-0111
•
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EDIT"A"
PREMISES
(Continued)
The location of the Premises within the Parent Tract is more particularly described or depicted as
follows:
PARCELS _- - EDGE OF ROAD - t 4 121I S'tL 1
102305-9081-09 _�^ I act at Raw _I
..-.._ —- -- r— A _ _ -___ __ _ NrruaLltrY LI.E
e:t ,__r r.ExisFa,N�nH EA iERPolE---�-,-- ,—— -�~- ,-....� \
__ RR CO TRANS IN ROW �_ ' PROPOSED ROUTE OFF____ _- 1-,
I
UNDERGROUND P0w R AND '- < ' ' -
TEEM - -.1. - ir-FXSTING GRAVEL ORVF
C - 7. .. I -. - j` -.�>__
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D �+ ' ,, a1' EXISTV.. ISCr
Q ^ I ,, • , 1 MOUCro_E
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1 EXlSI:NC EQUIPNLL SIIEI.1LRS--• r t%, ��4 1 1
/ !/ . , . ) r EXIST NS FENCE
4V c li �.- 1 ' ,i2/ j,/, j / r r I
•r CZ. I ?i, r r`' 1!1•j . PROPOSED 12' GRAVEL
- 1 T i I ACCESS DRIVE
I o u i\ -PROPOSED 45'x45' LEASE �- ; 1• •
I , " CAIa.{ /i AIl£A; SEE SHEET 2-0f 2 f ,c,•. i , I x .
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((LIE+.++ I(� `
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‹, _ 45;0-4 E.I_-0.-.: (VIF -Y
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/- / / i f'.\ i EXISTING GRAVEL DRIVE
NOTE CONTOUR LNFS 11, - /' i.
'EXISTING h0,$c -/" , - • --1-EXISIINC 40. TREES
ARL REPRESEI SCA.HAI �, 1 -' - i / - • I 1 1 1
ONLY DO NOT SCA..EI / ; • I ,
N sat
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1 sat PLAN D IC jT eo�'''' •• IC°_ _ • -_� 7-13ROPERTY LINE-, _ --N -y
ED ; • i-
N0,'SPIAN SHOWN IS A GRAPHIC R£PRESLNIATIOA SITE PLAN — 1 OF 2 SITE NUMBER WA1114022Z-2
Of LEASE AREA NEXTEL COMMUNICATIONS DATE 16 JAN 97
2) Ills '=xalur It MAX HI AMI tall a OR AI),L I HIGLANOS / HAZEN RIV
If, Al AIL( I0.11. 11224 138TH AVENUE SE, RENT0N
.
Memorandum of Assignment Site Name Hsgliland/Ilazen
SlteNo WA-011I
I -
Prepared by and Return to:
TITLE AND RECORDATION DEPARTMENT 20020920000743
Site No.WA-0111
SpectraSite Communications,Inc. MAIL ALE 24.00
100 Regency Forest Drive,Suite 400 PAGE e01 OF 008
Cary,North Carolina 27511 KING000UNNTY, U es A
Send tax bills to:
PROPERTY MANAGEMENT DEPARTMENT
Site No.WA-0111
SpectraSite Communications,Inc.,
100 Regency Forest Drive,Suite 400 Please cross-reference to the Memorandum of
Cary,North Carolma 27511 Agreement recorded as Instrument No 970226-1309
(Recorder's Use Above this Line)
STATE OF WASHINGTON
crs
was
COUNTY OF KING
aa.
a3
Cik MEMORANDUM OF ASSIGNMENT
m. This Memorandum of Assignment is effective as of the 20th day of April, 1999,
by and between TOWER PARENT CORP., a Delaware corporation("Parent Co"), and
TOWER ASSET SUB, INC., a Delaware corporation ("Tower Sub") with an office at
100 Regency Forest Drive, Suite 400,Cary,NC 27511.
1 Pursuant to that certain Assignment of Leases dated Apnl 20, 1999, (the
"Assignment") Parent Co has assigned to Tower Sub, and Tower Sub has
accepted such assignment and assumed all of Parent Co.'s rights to and
obligations as lessee under that certain Communications Site Lease
Agreement (Ground) (Washington) dated February 7, 1997 ("Prime Lease"),
between OneComm Corporation, N A., a Delaware corporation, d/b/a Nextel
Commumcations, and Robert E Fricks and Donna C Fricks, for a certain
portion of real property and easement(s) as described in the Prime Lease and
depicted on Attachment A attached hereto and incorporated herein.
2. The Prime Lease is evidenced by a Memorandum of Agreement dated
February 7, 1997, recorded as Instrument No. 970226-1309, in the official
records of King County, Washington, which Prime Lease was assigned by
Nextel West Corp., formerly known as OneComm Corporation, N.A, to
Tower Parent Corp by Memorandum of Assignment intended to be recorded
immediately prior to this Memorandum of Assignment in the public records
of the County and State aforesaid
3. The purpose of this Memorandum of Assignment is to give record notice of
the Assignment and of the rights created thereby A full and complete copy
Memorandum of Assignment Site Name Highland/Hazen
Site No WA-0111
of the Assignment is on file at the offices of Tower Sub The terms of the
Assignment are incorporated herein by reference
IN WITNESS WHEREOF,the parties hereto have caused this Memorandum of
Assignment to be executed and delivered effective as of the date indicated above
TOWER PARENT CORP., a Delaware
corporation
By: /. A. / /</.i eat)
Name.Travis ore;- sy'
Title: Senior Dire, or .ee
40.4.4..
ATTEST. • )c'+
A �) •" •sY
By: nil
Name. Christie A.Hill ' • /
Title. Secretary . ,.
cry.
c. [AFFIX CORPORATE SEAL]
cf.."
m
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TOWER ASSET SUB,INC.,a Delaware
corporation
By- (Seal)
Name:Daniel E. Rebeor
Title. Director,Real Estate Operations,
a Duly Authorized Individual
ATTEST:
•
By:2 (Seal)
Name- izabeth C Rives
Title: Assistant Secretary
[AFFIX CORPORATE SEAL] .
•
•- •=r '.
,�� f
S4; '�_ c
Memorandum of Assignment °Lo " ,% Site Name Highland/Ha.en
4444 f Site No WA-0111
Asr
•
NOTARY ACKNOWLEDGEMENT FOR TOWER PARENT CORP.:
State of V c b74 1✓1 t c._ Penny C Henon
`j NOTARY PUBLIC
Countyof - Commonwealth of Virginia
'� My Commission Expires 5/31/05
This instrument was acknowledged before me on KACLU 1� 2�x�z , by
Travis Morey, who is the Senior Director of TOWER PARENT CORP., a Delaware
corporation, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument, the entity upon behalf of which the person acted, executed
t e instrument.
S my hand and official seal,this l day of Mali li ,2002 •
•
<*a ;o 1y, --, Signature
Va4/1„--
E. 3 Or My commission expires: 6(%I 106
scls NOTARY SEAL
t,,,, NOTARY ACKNOWLEDGEMENT FOR TOWER ASSET SUB,INC.:
State of North Carolina
c
County of Wake
C''io This instrument was acknowledged before me on .tent. 1, 2„_c0? , by
ca
Daniel E. Rebeor, who is the Director, Real Estate Operations, a Duly Authorized
Individual of TOWER ASSET SUB, INC., a Delaware corporation, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the entity
upon behalf of which the person acted, executed the instrument. .
WITNESS my hand and official seal,this 2•1 day of 0 ,2002
�P�,EY �q�y Signature A'nQ
— NOTARY v
PUBLIC My commission expires j4103/02
Z My coliO AL
Expires
Zs� 8/03/02 ,�,
ON COVE
Memorandum of Assignment Site Name Highland/Hazen
Site No WA-0111
ATTACHMENT"A"
PREMISES
Attached to and made a part of that Memorandum of Assignment between TOWER
PARENT CORP., a Delaware corporation ("Parent Co."), and TOWER ASSET SUB, .
INC.,a Delaware corporation("Tower Sub").
The Parent Tract is described and depicted as follows
The North 275 feet of the West %z of the East%a of the Northeast 1/4 of the Northwest %a in
Section 10,Township 23 North,Range 5 East,W M
Situated in the County of Kmg, State of Washington.
tarn
•
I C7
Q
CD
Memorandum of Assignment Site Name Highland/l lazen
Site No WA-0111
_. _ . .
I ,
+
EXHIBIT"A"
PREMISES
(Continued) •
The location of the Premises within the Parent Tract is more particularly described or depicted as
follows:
t Th.PrwroseR are de'etlbed ilfl1ordepioted aTo11QWS , ^ _ ,, ,•r____r_�
�^ 1//li eL��7/�'J.
Ti r•^"^-tPS1.14 ORV.FHi
PARCEL/ �' 'i., . $nu11R
102305-9081-09 t ctli t _F _ 1 '
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,FSC URNS _' . `1' N�_
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O POPOV.°IEHCE LWE++-"fry--r 1 , i H ,
e •
,C txnartie 1$ktS+- ''s 1 s MOMENT SHELTER
Ctr.y .180 RUSHES _._,,L4f
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PROPd5ED 1 LD' 1 ik,rs'f III /,i.
smkxD t= / 1 r"
1 r 'GRIP MEHWS _.+t
' P - _`,,y •,' y - r, f I `l) .$1 . rk jr^^'! I fr-p g.-10• �4, +f20-DN S'- ' T=0' ME REPRIJIMICIM
• ORLY CC NOT Senn
�---,
PAWS -. ENLARGED SITE PLAN - 2 OF 2 V ` SITSITENUTABFR, WAt114022Z-2
11 PUN F,10• S A CRAPHA`RECWSINIAtIDM NEXTEL COMMUNICATIONS DATE 18 JAN 97
21 DAS 71011su e`gm IN Avoca OH mow HIGLANOS / 14AZEN RCV .
lO Al AM 1wL 11224 1.18714 AVENUE SF. RCNTON
1
1
Memorandum of Assignment Site Name Highland I Hazen
Site No WA-0111
•
ATTACHMENT"A"
PREMISES
(Continued)
The location of the Premises within the Parent Tract is more particularly described or
depicted as follows.
~ _ _ — — _ — — — — — I
PARCEL i -- - EDGE OF ROAD 1 C 0=,NE 1211t S'{!ET
102305-9081-09 _ io_t Of ROAD _ FitUPLN(Y IPA
tx __ --I—^-��'EX15IcNlo'1E Ei,/P£A£S. �-` —ram i;� -9 ,_ —
T I AND PAR POLE `'`'-� ,
C _ PR CC ]FANS-LN ROW I - PROPOSED RQWAE OF_•, _ _ —- _ _ Y
1 UNDERGROUND POW€R AND—, ^ ,� ....
)` ali
t I taco ----1T--IX slam f.RAVft DRVf
I
— I
I , I I , I
o m 1 I :- • .I. EXIST NG 15C=
z I ' �'' i j j I * ' r l MO11CF O_E
, I\• E)ASIING EQUIP41h.'1 SHEL1LKS---. r r I%: f//1Il I` ,`I £XISI'.1G FENCE
I ../' r
CV
f I l .��1, ��%�' I PROPOSED I2' GRAV£L
o I ` - •Ill , ACCESS DRIVE
! y n I PROPOSED s5'x{5' LEASE �, `i; i z
"' « i AREA. SEE SHEEI 2 OF 2 ' GI'. ' I
n.
' I q `� :S \ . .� W
45'-Ir bl -0:.- (V1F)
Il• f
1 . i,�/ ,' i �-� l EXISUNG GRAVEL DRIVE
NOTE CONTOUR L.NES .\, EXISTING I OAS �" ,, �% - 4.-EXISTING 90 A 1RLES
1 AR REPIzESLNTATIONAI 7 , A I ; I ,
ONLY. 00 NOT SCA`EI / , ' .' •
• N 1 J\`' .�\ y ' , , •• /I I
-F.-1 SITE P o;u so Uo too— .— PkOPERTY k 1NE -- 1
No:Es SITE PLAN — 1 OF 2 SITE NUMBER wAt 1140222-2
1) PLAN SHOWN 15 A GRAP-IIL REPRESLNTA110k
AREA
OF LEASE AREA NEXTEL COMMUNICATIONS DATE 16 JAN 97
2) n II -I xtu$IJI if MAY tit n►,u NIII I> •>fi AIM> HIGLANOS / fiAZEN REV
1G Al Atrr WA 11224 138TH AVENUE SE, RENTON
Memorandum of Assignment Sete Name Highland/Hain
Site No WA-0111
20080529001975.001
Hill 0111111111 Int lilt it
.... .. .. ......
20080529001975
After recording please return to: PARASEC LE 48.00
007
Aaron Goodlow,Account Executive 05/2001 OF 15:19 KING9COUNTY, WA
Prepared by and 2804 Gateway oaks Dr#200
American Tower Sacramento,CA 95833-3509
10 Presidential Way 800-533-7272 Prior Recorded Lease Reference
Woburn,MA 01801 Book/Page/lnst#970227-1309
Attn: Land Management/Dane P.Hutchison,Esq. Owner Recording Reference
ATC Site#310551 Book/Page/Inst#
ATC Site Name:Highland-Hazen WA
Assessor Parcel#102305-9081-09 ,.
AMENDED MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE ("Memorandum") is entered into on the ;\.7 day of
2008, by and between Robert E. Fricks and Donna C. Fricks (hereinafter referred to as
"Lessor"), a d American Tower Asset Sub, LLC, a Delaware limited liability company (hereinafter
referred to as"Lessee").
NOTICE is hereby given of the following described Lease as amended, for the purpose of recording
and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously
been recorded, then this Memorandum shall constitute a restatement and amendment of any such prior
recorded notices.
I. Lease: Communications Site Lease Agreement, between Lessor, or its predecessor in interest.
and Lessee, or its predecessor in interest, entered into on February 7, 1997, as amended (the
"Lease")
2. Extended Terms: Lessee has the option to further extend the term of the Lease for each of four
successive five year terms.
3. Final Expiration Date,if all Extended Terms are exercised: May 31, 2037; •
4. Leased Premises: As described in Exhibit "A," attached hereto, together with any access and
utility easements. Exhibit A may be replaced by an as-built survey at Lessee's option
depicting the Leased Premises,access and utilities easements and if applicable,guy wire and
guy anchor easements. 56,e, _ ZS,1J ,5
er
NIY4 *id
5. Incorporation: The terms and conditions of the Lease, as amended, are hereby incorporated into
this Memorandum.
20080529001975.002
6. Effect: This Memorandum is not a complete summary of the terms and conditions contained in
the Lease. Provisions in the Memorandum should not be used in interpreting the Lease
provisions. In the event of a conflict between this Memorandum and the Lease, the Lease will
control.
[SIGNATURE PAGE FOLLOWS]
20080529001975.003
is 4
•
LESSOR: WITNESSES:
Donna C.Fricks
•
zi
By: Signature
Its: P
WIS TA
Si: a`"414 '
int Nam-. j r / %I!
ACKNOWLEDGMENT
State of tx.)1e\si\unoJk-v -
County of KCJAq ) �
On ,q.4 d- -'Leo`� ,before me, zrxCC�w
personally appeared —pc-5Y)Yl Q `f. V-v—j ci2.S ,who provide to me
on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her their signature(s)on the instrument the person(s),or the entity upon
behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature (Seal) • °
Print Name: Edcoi,n eL.Sc ez_
My commission expires: 'zs-,201\
1gals �
MyAPAoIntenafl ExpiresMary 25,2011
20080529001975.004
IN WITNESS WHEREOF, Lessor and Lessee have each executed this Memorandum as of the
day first above written.
LESSOR: WITNESSES:
Robert E.Fricks
/ Y 'V
By: Signatur
Its: Print N
S' / 2rint Name: . •
ACKNOWLEDGMENT
•
State of -.Jc 51\tu1%!"n
County of )6 t(1 5-
On a.ti k a-oo g ,before me,
personally appeared _ c,�. - E ri 0_12.S ,who provide to me
on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ,
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon
behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature i' (Seal)
Print Name: tc{a..)un v Ct btte.2__
My commission expires: 11NI z 12oi •
WMAApsinimint Lipka May2L 201i
� - w w 4
20080529001975.005
LESSEE: WITNESSES:
American Tower As Sub
a Delaware Limit li ili c i pany
Auk
•
By:Jason D. 'rsch Signature Its: Vice Pres'dent,Land Management Print Name: c7rP.f #47 - G J
Signature J
Print Name: et e..� J 4 Per
ACKNOWLEDGMENT
•
State of (1+''t' gg,
County of rAtd/ )
On t) 1103
,before me, S
I-14k.,
personally appeared J i i vt. k,wcc,�., ,who provide to me
on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon
behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State that the foregoing paragraph is true
and correct.
Witness my ha d off 'al seal. \\\\1 Ii;f 1r //• //
Signature_ (Seal) � / •
20080529001975.006
EXHIBIT A
This Exhibit A May be Replaced by an As-Built Survey at Lessee's Option depicting the Leased
Premises,Access and Utilities Easements and if applicable,guy wire and guy anchor easements
PARENT PARCEL LEGAL DESCRIPTION
The North 275 feet of the West Y1 of the East%of the Northeast Y4 of the Northwest'in Section 10,Township 23
North,Range 5 east,W.M.
Situated in the County of King,State of Washington. 41rt1A�
'nx)
LEASED PREMISES
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 10,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION:
THENCE NORTH 88°39'03"WEST ALONG THE NORTH LINE THEREOF A DISTANCE OF 329.63
FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE EAST HALF SAID
SUBDIVISION;
THENCE SOUTH 00°04'44"WEST ALONG THE EAST LINE OF SAID WEST HALF OF SAID
EAST HALF A DISTANCE OF 174.68 FEET;
THENCE NORTH 89°55'16"WEST AT RIGHT ANGLES TO SAID EAST LINE A DISTANCE OF
61.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°39'03"WEST A DISTANCE OF 45.00 FEET;
. r.
THENCE NORTH 00°04'44"EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 88°39'03"EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 00°04'44"WEST A DISTANCE OF 45.00 FEET TO THE TRUE POINT OF
BEGINNING.
SITUATED IN KING COUNTY,WASHINGTON AND CONTAINING APPROXIMATELY 0.05
ACRES.
.
-.-. .. . .. 20080529001975.007
•
ACCESS AND UTILITY EASEMENT LEGAL DESCRIPTION
• From the Leased Premises to the public right of way.
1
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20091020002088.001
WHEN RECORDED RETURN TO: •
J C. I Lien Solutions 2088
2009102000
Return to:Yvette Bohena c/o CT
LSS' UCC DIRECT ALE 130.00
.�
P.O. Box 29071 39 PAGE-001 OF 007
Glendale,CA 91209-9071 /L(-Z KI/20/2009Y16:440
NG ASSIGNMENT AND ASSUMPTION OF LEASE
Assignor: Tower Asset Sub,LLC
Assignee: American Tower Asset Sub,LLC
Abbreviated Legal NW 1/4 of Sect 10, T23N-R5E
Description:
Assessor's Property 102305-9081-09
Tax Parcel Account
Number(s):
Reference Numbers of Inst.No. 9702261309 on 2/26/97 at 2:37p
Documents Assigned
or Released:
1130607213;I)
20091020002088.002
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
WASHINGTON
ASSIGNMENT AND ASSUMPTION OF LEASE OR OTHER AGREEMENT
Highland/Hazen-310551
THIS Assignment and Assumption dated as of 9:00 am on February 28, 2007 is from
Tower Asset Sub,LLC,a Delaware limited liability company("Assignor")to American Tower
Asset Sub,LLC, a Delaware limited liability company("Assignee")whose mailing address is:
116 Huntington Avenue,Boston, MA 02116.
Agreement:
NOW,THEREFORE, in consideration of$10.00 and for other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as .
follows:
1. Assignor does hereby irrevocably transfer and assign to Assignee all of the right,
title and interest of Assignor in, to and under the lease or other document described in Schedule
A attached hereto together with any easements and other agreements,permits,rights and
appurtenances pertaining thereto(in each case,to the extent assignable)(collectively,the"Land
Lease")and forming a part hereof together with any and all of Assignor's right,title and interest
in and to the buildings,towers and other improvements located at the real property described on
Exhibit A hereto and leased pursuant to such Land Lease and all leases or subleases with respect
thereto pursuant to which Assignor leases any part thereof to others(collectively the"Tower
Leases"). Assignee hereby assumes and agrees to pay,perform and discharge when due all of
the liabilities, obligations,and duties of Assignor under the Land Lease and the Tower Leases.
{B0607213;1}
20091020002088.003
2. The parties hereto do hereby agree to perform, execute and/or deliver or cause to
be performed,executed and/or delivered any and all such further agreements and assurances as
either of the parties hereto may reasonably require to consummate the transactions contemplated
hereunder.
IN WITNESS WHEREOF,each party has caused this Assignment and Assumption to be
duly executed and delivered in its name and on its behalf,as of the date first above written.
Tower Asset Sub,LLC,a Delaware limited liability
company
By: 1,110,4.`4l►
H. thony Lehv
Senior Vice President
American Tower Asset Sub,LLC,a Delaware
limited liability company
By:
H. Anthony Lehv
Senior Vice Presiden
(130607213;I)
20091020002088.004
•
•
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
On br'uA.rvi t , 2007, before me, the undersigned, a Notary Public in
and for the County and State aforesaid, duly commissioned and sworn, personally appeared H.
Anthony Lehv, Senior Vice President of Tower Asset Sub, LLC, a Delaware limited liability
company, the limited liability company that executed the foregoing instrument, and acknowledged
the instrument to be the free and voluntary act and deed of said limited liability company, for the
uses and purposes therein mentioned, and on oath stated that he as such Senior Vice President is
authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
No Publ c J:SFF-N;?;E C,4Cc0
Pri ed Name: rh Noti y
My Commission Expires: y ;cnm:To',►'9�1r.r: 1V,,,;_,tvatts
is siori Ex,,:res
February 14,2UJ8
(Notarial Sea!)
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
On I brwA('] Jr , 2007, before me, the undersigned, a Notary Public in
and for the County and Slate aforesaid, duly commissioned and sworn, personally appeared H.
Anthony Lehv, Senior Vice President of American Tower Asset Sub, LLC, a Delaware limited
liability company, the limited liability company that executed the foregoing instrument, and
acknowledged the instrument to be the free and voluntary act and deed of said limited liability
company,.for the uses and purposes therein mentioned, and on oath stated that he as such Senior
Vice President is authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
No blic A Jesrr!,,; F-e..kcco
P ted Name: }f,;\1r� ;•,; ,
My Commission Expires: ;cmrnission Expires
Fcoruary 14,20(18
(Notarial Seal)
{50607213;1}
20091020002088.005
•
Schedule A
to Assignment and Assumption Agreement
COMMUNICATIONS SITE LEASE AGREEMENT(GROUND) (Washington)dated as of
February 7, 1997 between Robert E. Fricks and Donna C. Fricks and OneComm Corporation,
N.A., a Delaware Corporation, dba Nextel Communications, as amended, a memorandum or
other notice of which is recorded in Inst. No. 9702261309,which COMMUNICATIONS SITE
LEASE AGREEMENT(GROUND)(Washington)affects the property described on Exhibit A
hereto.
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•
EXHIBIT A
to Assignment and Assumption Agreement
Legal Description
[See Attached]
•
{B0607213;1}
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•
Site Number: 310551
Site Name: Highland / Hazen
County: King
State: Washington
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.
MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION:
THENCE NORTH 88°39'03"WEST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 329.63 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE EAST HALF SAID SUBDIVISION;
THENCE SOUTH 00°04'44"WEST ALONG THE EAST LINE OF SAID WEST
HALF OF SAID EAST HALF A DISTANCE OF 174.68 FEET;
THENCE NORTH 89°55'16"WEST AT RIGHT ANGLES TO SAID EAST LINE
A DISTANCE OF 61.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°39'03" WEST A DISTANCE OF 45.00 FEET;
THENCE NORTH 00°04'44" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 88°39'03" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 00°04'44"WEST A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 0.05 ACRES.
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•
AFTER RECORDING RETURN TO:
20091020002098
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2 03 c SO-711 PAGE 00ECOF 055DT 241.00
10/20/2009 15:40
�,�.. i Lien `.>f7liltliJ615 KING COUNTY, WA
Return to:Yvette Bahr no c/o CTLS
P.O.Box 29071
Glendale,CA 91209-9071
•
DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS,
FIXTURE FILING AND SECURITY AGREEMENT
GRANTOR: AMERICAN TOWER ASSET SUB,LLC
GRANTEE/TRUSTEE: STEWART TITLE GUARANTY COMPANY
GRANTEE: AMERICAN TOWER DEPOSITOR SUB,LLC
Dated: May 4, 2007
Legal Description: J
Abbreviated form: �'ease s�� ci vi�`r•t -O �y�
Additional legal on page: See Schedule A and Schedule B-2 attached hereto and
made a part hereof 53'7.w-t77o-ol'j 3GaEo oy�o71M3cG_9o37_otf�
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USActive 8147418.4
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DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS,
FIXTURE FILING AND SECURITY AGREEMENT
This DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
FIXTURE FILING AND SECURITY AGREEMENT, dated as of May 4, 2007, is made by
AMERICAN TOWER ASSET SUB, LLC, a Delaware limited liability company ("Grantor"),
whose address is do American Tower Corp., 116 Huntington Avenue, 11th Floor, Boston,
Massachusetts 02116, Attention: Brad Singer and Ed DiSanto, to STEWART TITLE
GUARANTY COMPANY, a Texas corporation ("Trustee"), whose address is 18000
International Boulevard, Suite 510, Sea Tac, Washington 98188, for the use and benefit of
AMERICAN TOWER DEPOSITOR SUB, LLC, a Delaware limited liability company
("Beneficiary", which term shall be deemed to include successors and assigns),whose address is
c/o American Tower Corp., 116 Huntington Avenue, 11th Floor, Boston, Massachusetts 02116,
Attention: Brad Singer and Ed DiSanto. References to this "Deed of Trust" shall mean this
instrument and any and all renewals, modifications, amendments, supplements, restatements,
extensions, consolidations,substitutions,spreaders and replacements of this instrument.
Background
A. Grantor and American Tower Asset Sub II, LLC, a Delaware limited
liability company ("Other Sub") (Grantor and Other Sub are collectively referred to herein as
the "Initial Borrower") (the Initial Borrower, together with any other borrower which becomes
a party to the Loan Agreement (hereinafter defined), collectively, the "Borrower") and
Beneficiary have entered into that certain Loan and Security Agreement, dated as of the date
hereof (as amended and restated, and as the same may be further amended, supplemented,
restated or otherwise modified from time to time, the "Loan Agreement"). The terms of the
Loan Agreement are incorporated by reference in this Deed of Trust as if the terms thereof were
fully set forth herein. In the event of any conflict between the provisions of this Deed of Trust
and the provisions of the Loan Agreement, the applicable provisions of the Loan Agreement
shall govern and control, provided, that in the case of a provision in this Deed of Trust which is
more specific and detailed than the related provision in the Loan Agreement (including by way
of illustration,the section of this Deed of Trust entitled"Leases"), such Deed of Trust provision
shall not be deemed to be in conflict with the related provision in the Loan Agreement.
Capitalized terms not otherwise defined herein shall have the meanings ascribed
thereto in the Loan Agreement. •
B. Grantor is the owner of(i)the fee simple estate in the parcel(s) of real
property, if any, described on Schedule A attached (the "Owned Land"), and (ii)a leasehold
estate or easement interest in the parcel(s) of real property, if any, described on Schedule B-2
attached (the "Leased Land"; the Owned Land and the Leased Land are sometimes referred to
herein collectively as the "Land") pursuant to the agreement(s) described on Schedule B-1
attached hereto(as the same may be amended, supplemented or otherwise modified from time to
time with the prior written consent of Beneficiary, the"Trust Lease"); and, other than buildings,
improvements, structures and fixtures owned by lessees under Leases (as defined below), owns,
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leases or otherwise has the right to use all of the buildings, improvements, structures and fixtures
now or subsequently located on the Land(the"Improvements"; the Land and the Improvements
being collectively referred to as the"Real Estate").
C. Pursuant to the terms and conditions of the Loan Agreement, the
Beneficiary has agreed to make a loan to Initial Borrower in the principal amount of ONE
BILLION SEVEN HUNDRED FIFTY MILLION AND NO/100 DOLLARS •
($1,750,000,000.00).
D. It is a condition, among others, to the obligations of the Beneficiary to
make the Loan to Initial Borrower that Grantor secure Borrower obligations under the Loan
Agreement and the other Loan Documents, by executing and delivering this Deed of Trust.
Grantor, as a Borrower, will receive substantial direct and indirect benefit from the loan being
made to Initial Borrower pursuant to the Loan Agreement.
Granting Clauses •
For good and valuable consideration, the receipt and- sufficiency of which are .
hereby acknowledged, Grantor agrees that to secure the following (collectively, the
"Obligations"):
(A) the due and punctual payment and performance by Borrower of all its
obligations and liabilities, whether direct or indirect, absolute or
contingent, due or to become due, or now existing or hereafter incurred,
which may arise under, out of or otherwise in connection with the Loan
Agreement;
(B) the payment of all other obligations and liabilities of Borrower, whether
direct or indirect, absolute or contingent, due or to become due, or now
existing or hereafter incurred, which may arise under, out of, or in
connection with, the Loan Agreement, this Deed of Trust, any other
document securing payment of the Obligations (the "Security
Documents") and any amendments, supplements, extensions, renewals,
restatements, replacements or modifications of any of the foregoing (the
Loan Agreement, the Notes, this Deed of Trust and the other Security
Documents and all other documents and instruments from time to time
evidencing, securing or guaranteeing the payment and performance of the
Obligations,as any of the same may be amended, supplemented,extended,
renewed, restated, replaced or modified from time to time, are collectively
referred to as the"Loan Documents"), in each case whether on account of
principal, interest, reimbursement obligations, fees, indemnities, costs,
expenses or otherwise (including, without limitation, all reasonable fees,
charges and disbursements of counsel to Beneficiary or to the Beneficiary
that are required to be paid by Borrower pursuant to the terms of the Loan
Agreement, this Deed of Trust or any other Loan Document); and
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(C) the performance and observance of each obligation, term, covenant and
condition to be performed or observed by Borrower under, in connection
with or pursuant to the provisions of the Loan Documents;
GRANTOR HEREBY CONVEYS TO TRUSTEE AND HEREBY GRANTS, ASSIGNS,
TRANSFERS AND SETS OVER TO TRUSTEE AND TRUSTEE'S SUCCESSORS, IN
TRUST WITH POWER OF SALE FOR THE USE AND BENEFIT OF BENEFICIARY, AND
GRANTS BENEFICIARY AND TRUSTEE A SECURITY INTEREST IN: •
(A) the Owned Land and all Improvements thereon;
(B) the leasehold estate created under and by virtue of the Trust Lease, any
interest in any fee, easement, easement in gross, or other greater or lesser title to the
Leased Land and Improvements located thereon that Grantor may own or hereafter
acquire (whether acquired pursuant to a right or option contained in the Trust Lease or
otherwise) and all credits, deposits, options, privileges and rights of Grantor under the
Trust Lease (including all rights of use, occupancy and enjoyment) and under any
amendments, supplements, extensions, renewals, restatements, replacements and
modifications thereof (including, without limitation, but subject to the limitations of
Section 32(f), (i)the right to give consents, (ii)the right to receive moneys payable to
Grantor, (iii)the right, if any, to renew or extend the Trust Lease for a succeeding term or
terms, (iv)the right, if any, to purchase the Leased Land and Improvements located
thereon and (v)the right to terminate or modify the Trust Lease); all of Grantor's claims
and rights to the payment of damages arising under the Bankruptcy Code (as defined
below)from any rejection of the Trust Lease by the lessor thereunder or any other party;
(C) all right, title and interest Grantor now has or may hereafter acquire in and
to the Improvements or any part thereof (whether owned in fee by Grantor or held
pursuant to the Trust Lease or otherwise) and all the estate, right, title, claim or demand •
whatsoever of Grantor, in possession or expectancy, in and to the Real Estate or any part
thereof;
(D) all right, title and interest of Grantor in, to and under all easements, rights
of way, gores of land, streets,ways, alleys,passages, sewer rights, waters, water courses,
water and riparian rights, development rights, air rights, mineral rights and all estates,
rights, titles, interests, privileges, licenses, tenements, hereditaments and appurtenances
belonging, relating or appertaining to the Real Estate, and any reversions, remainders,
rents, issues, profits and revenue thereof and all land lying in the bed of any street, road
or avenue,in front of or adjoining the Real Estate to the center line thereof;
(E) all of the fixtures, chattels, business machines, machinery, apparatus,
equipment, furnishings, fittings and articles of personal property of every kind and nature
whatsoever, and all appurtenances and additions thereto and substitutions or replacements
thereof (together with, in each case, attachments, components, parts and accessories)
currently owned or subsequently acquired by Grantor and now or subsequently attached
to, or contained in or used or usable in any way in connection with any operation or
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letting of the Real Estate, including but without limiting the generality of the foregoing,
all heating, electrical, and mechanical equipment, lighting, switchboards, plumbing,
ventilating, air conditioning and air-cooling apparatus, loading and unloading equipment
and systems, communication systems (including satellite dishes and antennae),
computers, sprinkler systems and other fire prevention and extinguishing apparatus and •
materials, security systems, motors, engines, machinery, pipes, pumps, tanks, conduits,
appliances, fittings and fixtures of every kind and description (all of the foregoing in this
paragraph(E)being referred to as the"Equipment");
(F) all right, title and interest of Grantor in and to all substitutes and
replacements of, and all additions and improvements to, the Real Estate and the
Equipment, subsequently acquired by or released to Grantor or constructed, assembled or
placed by Grantor on the Real Estate, immediately upon such acquisition, release,
construction, assembling or placement,including, without limitation, any and all building
materials whether stored at the Real Estate or offsite, and, in each such case, without any
further mortgage, conveyance, assignment or other act'by Grantor;
(G) all right, title and interest of Grantor in, to and"under all leases, subleases,
underlettings, concession agreements, management agreements, licenses and other
agreements relating to the use or occupancy of the Real Estate or the Equipment or any
part thereof, now existing or subsequently entered into by Grantor and whether written or
oral and all guarantees of any of the foregoing (collectively, as any of the foregoing may
be amended, restated, extended, renewed or modified from time to time, the "Leases"),
and all rights of Grantor in respect of cash and securities deposited thereunder and the
right to receive and collect the revenues, income, rents, issues and profits thereof,
together with all other rents, royalties, issues, profits, revenue, income and other benefits
arising from the use and enjoyment of the Trust Property(as defined below)(collectively,
the"Rents");
(H) all unearned premiums under insurance policies now or subsequently
obtained by Grantor relating to the Real Estate or Equipment and Grantor's interest in
and to all such insurance policies (including title insurance policies) and all proceeds of
such insurance policies, including the right to collect and receive such proceeds, subject
to the provisions relating to insurance generally set forth herein and in the Loan
Agreement; and all awards and other compensation, including the interest payable
thereon and the right to collect and receive the same, made to the present or any
subsequent owner of the Real Estate or Equipment for the taking by eminent domain,
condemnation or otherwise, of all or any part of the Real Estate or any easement or other
right therein, subject to the provisions relating to such awards and compensation
generally set forth herein and in the Loan Agreement;
(I) to the extent assignable, all right, title and interest of Grantor in and to
(i)all contracts from time to time executed by Grantor or any manager or agent on its
behalf relating to the ownership, construction,maintenance,repair, operation, occupancy,
sale or financing of the Real Estate or Equipment or any part thereof and all agreements
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relating to the purchase or lease of any portion of the Real Estate or any property which is
adjacent or peripheral to the Real Estate, together with the right to exercise such options
and all leases of Equipment, (ii)all consents, licenses, building permits, certificates of
occupancy and other governmental approvals relating to construction, completion,
occupancy, use or operation of the Real Estate or any part thereof and (iii) all drawings,
plans,specifications and similar or related items relating to the Real Estate;
(J) any and all monies now or subsequently on deposit for the payment of real
estate taxes or special assessments against the Real Estate or for the payment of
premiums on insurance policies covering the foregoing property or otherwise on deposit
with or held by Beneficiary as provided in this Deed of Trust; and
(K) all proceeds,both cash and noncash,of the foregoing;
(All of the foregoing property and rights and interests now owned or held or
subsequently acquired by Grantor and described in the foregoing clauses (A) through (F) are
collectively referred to as the "Premises", and those described in the foregoing clauses (A)
through(K)are collectively referred to as the"Trust Property"). -
TO HAVE AND TO HOLD the Trust Property and the rights and privileges
hereby granted unto Trustee, its successors in trust and assigns for the uses and purposes set
forth,until the Obligations are fully paid and performed.
Terms and Conditions
Grantor further represents, warrants, covenants and agrees with Trustee and
Beneficiary as follows:
Section 1. Warranty of Title. Grantor warrants that it has good and
marketable record title in fee simple to, or a valid leasehold interest in, the Real Estate, and good
title to, or a valid Ieasehold interest in, the rest of the Trust Property, subject only to the matters
that are set forth in Schedule B of any existing title insurance policy or policies issued to Grantor
to insure its fee and/or leasehold interest(s) in the Real Estate, as the case may be, and any other
lien expressly permitted by subsection 4.5 and 5.15 of the Loan Agreement (the "Permitted
Exceptions"). Grantor shall warrant, defend and preserve such title and the lien of this Deed of
Trust against all claims of all persons and entities. Grantor represents and warrants that(a)it has
the right to grant a lien upon the Trust Property; (b)the Trust Lease is in full force and effect and
Grantor is the holder of the lessee's or tenant's interest thereunder; (c)the Trust Lease has not
been amended, supplemented or otherwise modified, except as may be specifically described in
Schedule B-I attached to this Deed of Trust; (d)Grantor has paid all rents and other charges to
the extent due and payable under the Trust Lease (except to the extent Grantor is contesting in
good faith by appropriate proceedings any such rents and other charges in accordance with and
to the extent permitted by the terms of the relevant Trust Lease), is not in default under the Trust
Lease, has received no notice of default from the lessor thereunder and knows of no material
default by the lessor thereunder; and (e)the granting of this Deed of Trust does not violate the
terms of the Trust Lease nor is any consent of the lessor under the Trust Lease required to be
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•
obtained in connection with the granting of this Deed of Trust unless such consent has been
obtained.
Section 2. Payment of the Obligations. Grantor shall pay and perform the
Obligations at the times and places and in the manner specified in the Loan Agreement and in
this Deed of Trust.
Section 3. Requirements. (a) Grantor shall promptly comply with, or cause
to be complied with, and conform to all present and future laws, statutes, codes, ordinances,
orders,judgments, decrees, rules, regulations and requirements, and irrespective of the nature of
the work to be done, of each of the United States of America, any State and any municipality,
local government or other political subdivision thereof and any agency, department, bureau,
board, commission or other instrumentality of any of them, now existing or subsequently created
(collectively,"Governmental Authority")which has jurisdiction over the Trust Property and all
covenants, restrictions and conditions now or later of record which may be applicable to any of
the Trust Property, or to the use,manner of use, occupancy,possession, operation, maintenance,
alteration,repair or reconstruction of any of the Trust Property, except to the extent that failure to
comply therewith could not, in the aggregate,reasonably be expected to have a Material Adverse
Effect. All present and future laws, statutes, codes,ordinances,orders,judgments,decrees,rules,
regulations and requirements of every Governmental Authority applicable to Grantor or to any of
the Trust Property and all covenants, restrictions, and conditions which now or later may be
applicable to any of the Trust Property are collectively referred to as the"Legal Requirements".
(b) From and after the date of this Deed of Trust, Grantor shall not by act or
omission permit any building or other improvement on any premises not subject to the lien of
this Deed of Trust to rely on the Premises or any part thereof or any interest therein to fulfill any
Legal Requirement, and Grantor hereby assigns to Beneficiary any and all rights to give consent
for all or any portion of the Premises or any interest therein to be so used. Grantor shall not by
act or omission impair the integrity of any of the Real Estate so as to constitute an illegal
subdivision or to prohibit the Premises and Improvements from being conveyed, or leased, as
applicable, as one zoning or tax lot. Grantor represents that, except with respect to such portion
of the Premises, if any, as is leased by Grantor pursuant to a Trust Lease and with respect to
which Grantor has no purchase options or other acquisition rights, the Premises are not part of a
larger tract of land owned by Grantor or its affiliates or otherwise considered as part of one
zoning or tax lot, or, if they are that any authorization or variance required for the subdivision of
such larger tract which a sale of the Premises would entail has been obtained from all appropriate
Governmental Authorities so that the Premises and Improvements constitute one zoning or tax
lot capable of being conveyed or leased as such. Any act or omission by Grantor which would
result in a violation of any of the provisions of this subsection shall be void.
Section 4. Payment of Taxes and Other Impositions. (a) Promptly when due,
but in any event before any delinquency occurs, Grantor shall pay and discharge all taxes of
every kind and nature (including, without limitation, all real and personal property, income,
franchise, withholding, transfer, gains, profits and gross receipts taxes), all charges for any
casement or agreement maintained for the benefit of any of the Trust Property, all general and
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special assessments, levies, permits, inspection and license fees, all water and sewer rents and
charges, vault taxes, and all other public charges even if unforeseen or extraordinary, imposed
upon or assessed against or which may become a lien on any of the Trust Property, or arising in
respect of the occupancy,use or possession thereof,together with any penalties or interest on any
of the foregoing, except to the extent any such tax, charge, assessment or other similar obligation
is the obligation of the lessor under the Trust Lease (all of the foregoing are collectively referred
to as the "Impositions"). Upon request by Beneficiary, Grantor shall deliver to Beneficiary
(i)original or copies of receipted bills and cancelled checks evidencing payment of such
Imposition if it is a real estate tax or other public charge and (ii) evidence acceptable to
Beneficiary showing the payment of any other such Imposition. If by law any Imposition, at
Grantor's option, may be paid in installments(whether or not interest shall accrue on the unpaid
balance of such Imposition), Grantor may elect to pay such Imposition in such installments and
shall be responsible for the payment of such installments with interest,if any.
(b) Nothing herein shall affect any right or remedy of Trustee or Beneficiary
under this Deed of Trust or otherwise, without notice or demand to Grantor, to pay any
Imposition after the date such Imposition shall have become delinquent. Any sums paid by
Trustee or Beneficiary in discharge of any Impositions shall be payable on demand by Grantor to
Beneficiary together with interest at the Default Rate.
(c) Grantor shall have the right before any delinquency occurs to contest or •
object in good faith to the amount or validity of any Imposition by appropriate legal proceedings,
but such right shall not be deemed or construed in any way as relieving, modifying, or extending
Grantor's covenant to pay any such Imposition at the time and in the manner provided in this
Section unless (i)Grantor has given prior written notice to Beneficiary of Grantor's intent so to
contest or object to an Imposition, (ii)Grantor shall demonstrate to Beneficiary's satisfaction that
the legal proceedings shall operate conclusively to prevent the sale of the Trust Property, or any
part thereof, to satisfy such Imposition prior to final determination of such proceedings and
(iii) Grantor shall furnish a good and sufficient bond or surety as requested by and reasonably
satisfactory to Beneficiary in the amount of the Impositions which are being contested plus any
interest and penalty which may be imposed thereon and which could become a lien against the
Real Estate or any part of the Trust Property.
Section 5. Insurance. (a) Grantor shall maintain or cause to be maintained on
all of the Premises such insurance in such amounts as is required pursuant to the Loan
Agreement.
(b) In the event of foreclosure of this Deed of Trust or other transfer of title to
the Trust Property, all, title and interest of Grantor in and to any insurance policies then in force
shall pass to the purchaser or grantee to the extent assignable.
Section 6. Restrictions on Liens and Encumbrances. Except for the lien of
this Deed of Trust and the Permitted Exceptions, and except as expressly permitted under the
Loan Agreement, Grantor shall not further mortgage, nor otherwise encumber the Trust Property
nor create or suffer to exist any lien, charge or encumbrance on the Trust Property, or any part
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thereof, whether superior or subordinate to the Lien of this Deed of Trust and whether recourse or
non-recourse.
Section 7. Due on Sale and Other Transfer Restrictions. Except as expressly
permitted under the Loan Agreement, Grantor shall not sell, transfer, convey or assign all or any
portion of, or any interest in,the Trust Property.
Section 8. Maintenance; No Alteration; Inspection; Utilities. (a) Grantor
shall keep the Premises in good working order and condition, ordinary wear and tear excepted.
Beneficiary and any persons authorized by Beneficiary upon notice given reasonably in advance
shall have the right (subject to any restrictions thereupon which may be contained in any Lease)
at any reasonable time and as often as may reasonably be desired to enter and inspect the
Premises and all work done, labor performed and materials furnished in and about the
Improvements and to inspect and make abstracts of all books, contracts and records of Grantor
relating to the Trust Property.
(b) Grantor shall pay or cause to be paid when due all utility charges which
are incurred for gas, electricity, water or sewer services furnished to the Premises and all other
assessments or charges of a similar nature, whether public or private, affecting the Premises or
any portion thereof, whether or not such assessments or charges are liens thereon, except to the •
extent any such charge, assessment or other similar obligation shall be the obligation of the
lessee under any Lease or the lessor under the Trust Lease.
Section 9. Condemnation/Eminent Domain. Promptly upon obtaining
knowledge of the institution of any proceedings for the condemnation of the Trust Property, or
any portion thereof, Grantor will notify Beneficiary of the pendency of such proceedings.
Section 10. Leases. (a) Except as may be expressly permitted under the Loan
Agreement, Grantor shall not execute an assignment or pledge of any Lease relating to all or any
portion of the Trust Property other than in favor of Beneficiary.
(b) Grantor shall deliver to Beneficiary, within 15 days after a request by
Beneficiary (but in no event more often than every three months), a written statement, certified
by Grantor as being true, correct and complete, containing the names of all lessees and other
occupants of the Trust Property, the terms of all Leases and the spaces occupied and rentals
payable thereunder, and a list of all Leases which are then in default, including the nature and
magnitude of the default.
Section 11. Further Assurances. To the extent permitted under applicable law,
and to further assure Beneficiary's and Trustee's rights under this Deed of Trust, Grantor agrees .
upon demand of Beneficiary or Trustee to do any act or execute any additional documents
(including, but not limited to, security agreements on any personalty included or to be included
in the Trust Property and a separate assignment of each Lease in recordable form) as may be
reasonably required by Beneficiary or Trustee to confirm the lien of this Deed of Trust and all
other rights or benefits conferred on Beneficiary or Trustee.
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Section 12. Beneficiary's Right to Perform. Upon the occurrence of an Event
of Default hereunder, Beneficiary or Trustee, without waiving or releasing Grantor from any
obligation or default under this Deed of Trust, may, at any time (but shall be under no obligation
to) pay or perform the same, and the amount or cost thereof, with interest at the Default Rate,
shall immediately be due from Grantor to Beneficiary or Trustee. To the extent that any such
amounts or costs paid by Beneficiary or Trustee shall constitute payment of (i)Impositions;
(ii)premiums on insurance policies covering the Premises; (iii)expenses incurred in upholding
or enforcing the lien of this Deed of Trust, including, but not limited to the expenses of any
litigation to prosecute or defend the rights and lien created by this Deed of Trust; (iv)costs of
removal of or otherwise related to Materials of Environmental Concern or asbestos; or (v) any
amount, costs or charge to which Beneficiary or Trustee becomes subrogated, upon payment,
whether under recognized principles of law or equity, or under express statutory authority; then,
and in each such event, such amounts or costs, together with interest thereon at the Default Rate,
shall be added to the Obligations and shall be secured by this Deed of Trust and shall be a lien on
the Trust Property prior to any right, title to, interest in, or claim upon the Trust Property
attaching subsequent to the lien of this Deed of Trust. No payment or advance of money by
Beneficiary or Trustee under this Section shall be deemed or construed to cure Grantor's default
or waive any right or remedy of Beneficiary or Trustee.
Section 13. Events of Default. The occurrence of any one or more of the
following events shall constitute an Event of Default hereunder:
(a) an Event of Default shall occur under the Loan Agreement; or
(b) a failure (i)to keep in force the insurance required by this Deed of Trust,
or (ii)to comply with and conform to all provisions and requirements of the insurance policies
and the insurers thereunder which would affect Grantor's ability to keep in force the insurance
required by this Deed of Trust or to collect any proceeds therefrom, or (iii)to comply with any
other material provisions of this Deed of Trust regarding insurance.
Section 14. Remedies. (a) Upon the occurrence of any Event of Default, in
addition to any other rights and remedies Beneficiary may have pursuant to the Loan Documents,
or as provided by law, Beneficiary shall,by notice to Borrower, declare the Loans(with accrued
interest thereon) and all other amounts owing under the Loan Agreement and the other Loan
Documents to be due and payable forthwith, whereupon the same shall immediately become due
and payable. Except as expressly provided above in this Section, presentment, demand, protest
and all other notices of any kind are hereby expressly waived. In addition, upon the occurrence
of any Event of Default, Beneficiary may immediately take such action, without notice or
demand, as it deems advisable to protect and enforce its rights against Grantor and in and to the
Trust Property, including, but not limited to, the following actions, each of which may be
pursued concurrently or otherwise, at such time and in such manner as Beneficiary may
determine, in its sole discretion, without impairing or otherwise affecting the other rights and
remedies of Beneficiary:
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(i) Beneficiary may, to the extent permitted by applicable law, (A) institute
and maintain an action on the Loan Agreement and any other Loan Document, or
(B) take such other action at law or in equity for the enforcement of this Deed of Trust or
any of the Loan Documents as the law may allow. Beneficiary may proceed in any such
action to final judgment and execution thereon for all sums due hereunder, together with
interest thereon at the Default Rate and all costs of suit, including, without limitation,
reasonable attorneys' fees and disbursements. Interest at the Default Rate shall be due on
any judgment obtained by Beneficiary from the date of judgment until actual payment is
made of the full amount of the judgment.
(ii) Beneficiary may personally, or by its agents, attorneys and employees and
without regard to the adequacy or inadequacy of the Trust Property or any other collateral
as security for the Indebtedness and Obligations enter into and upon the Trust Property
and each and every part thereof and exclude Grantor and its agents and employees
therefrom without liability for trespass,damage or otherwise (Grantor hereby agreeing to
surrender possession of the Trust Property to Beneficiary upon demand at any such time)
and use,operate,manage, maintain and control the Trust Property and every part thereof.
Following such entry and taking of possession, Beneficiary shall be entitled, without
limitation, (x)to lease all or any part or parts of the Trust Property for such periods of
time and upon such conditions as Beneficiary may, in its discretion, deem proper, (y)to
enforce, cancel or modify any Lease and (z) generally to execute, do and perform any •
other act, deed, matter or thing concerning the Trust Property as Beneficiary shall deem
appropriate as fully as Grantor might do.
(b) Beneficiary, in any action to foreclose this Deed of Trust in a judicial
procedure or in connection with the exercise of any non judicial power of sale by Trustee, shall
be entitled to the appointment of a receiver. In case of a trustee's sale or foreclosure sale, the
Real Estate may be sold, at Beneficiary's election, in one parcel or in more than one parcel and
Beneficiary is specifically empowered (without being required to do so, and in its sole and
absolute discretion),to cause successive sales of portions of the Trust Property to be held.
(c) In the event of any breach of any of the covenants, agreements, terms or
conditions contained in this Deed of Trust beyond the applicable notice and grace period, if any,
Beneficiary shall be entitled to enjoin such breach and obtain specific performance of any
covenant, agreement, term or condition and Beneficiary shall have the right to invoke any
equitable right or remedy as though other remedies were not provided for in this Deed of Trust.
Section 15. Right of Beneficiary to Credit Sale. Upon the occurrence of any
sale made under this Deed of Trust, whether made under the power of sale or by virtue of
judicial proceedings or of a judgment or decree of foreclosure and sale, Beneficiary may bid for
and acquire the Trust Property or any part thereof. In lieu of paying cash therefor, Beneficiary
may make settlement for the purchase price by crediting upon the Obligations or other sums
secured by this Deed of Trust the net sales price after deducting therefrom the expenses of sale
and the cost of the action and any other sums which Beneficiary is authorized to deduct under
this Deed of Trust. In such event, this Deed of Trust, the Loan Agreement, and documents
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evidencing expenditures secured hereby may be presented to the person or persons conducting
the sale in order that the amount so used or applied may be credited upon the Obligations as
having been paid.
Section 16. Appointment of Receiver. If an Event of Default shall have
occurred and be continuing,Beneficiary as a matter of right and without notice to Grantor,unless
otherwise required by applicable law, and without regard to the adequacy or inadequacy of the
Trust Property or any other collateral as security for the Obligations or the interest of Grantor
therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or
receivers or other manager of the Trust Property, and Grantor hereby irrevocably consents to
such appointment and waives notice of any application therefor (except as may be required by
law). Any such receiver or receivers shall have all the usual powers and duties of receivers in •
•
like or similar cases and all the powers and duties of Beneficiary in case of entry as provided in
this Deed of Trust, including, without limitation and to the extent permitted by law, the right to
enter into leases of all or any part of the Trust Property, and shall continue as such and exercise
all such powers until the date of confirmation of sale of the Trust Property unless such
receivership is sooner terminated.
Section 17. Extension, Release, etc. (a) Without affecting the lien or charge
of this Deed of Trust upon any portion of the Trust Property not then or theretofore released as
security for the full amount of the Obligations, Beneficiary may, from time to time and without
notice, agree to (i)release any person liable for the indebtedness guaranteed under Loan
Agreement or any other Loan Document, (ii)extend the maturity or alter any of the terms of the
indebtedness guaranteed under the Loan Agreement or any other guaranty thereof, (iii)grant
other indulgences, (iv)release or reconvey, or cause to be released or reconveyed at any time at
Beneficiary's option any parcel,portion or all of the Trust Property, (v)take or release any other
or additional security for any obligation herein mentioned, or (vi)make compositions or other
arrangements with debtors in relation thereto. If at any time this Deed of Trust shall secure less
than all of the principal amount of the Obligations, it is expressly agreed that any repayments of
the principal amount of the Obligations shall not reduce the amount of the lien of this Deed of
Trust until the lien amount shall equal the principal amount of the Obligations outstanding.
(b) No recovery of any judgment by Beneficiary and no levy of an execution
under any judgment upon the Trust Property or upon any other property of Grantor shall affect
the lien of this Deed of Trust or any liens, rights, powers or remedies of Beneficiary hereunder,
and such liens,rights,powers and remedies shall continue unimpaired.
(c) If Beneficiary shall have the right to foreclose this Deed of Trust or to
direct the Trustee to exercise its power of sale, Grantor authorizes Beneficiary at its option to
foreclose the lien created by this Deed of Trust(or direct the Trustee to sell the Trust Property, as
the case may be) subject to the rights of any tenants of the Trust Property. The failure to make
any such tenants parties defendant to any such foreclosure proceeding and to foreclose their
rights, or to provide notice to such tenants as required in any statutory procedure governing a
sale of the Trust Property by Trustee, or to terminate such tenant's rights in such sale will not be
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asserted by Grantor as a defense to any proceeding instituted by Beneficiary to collect the
Obligations or to foreclose the lien created by this Deed of Trust.
(d) Unless expressly provided otherwise, or unless this Deed of Trust is
foreclosed, in the event that ownership of this Deed of Trust and title to the Trust Property or any
estate therein shall become vested in the same person or entity, this Deed of Trust shall not
merge in such title but shall continue as a valid lien on the Trust Property for the amount secured
hereby.
Section 18. Security Agreement under Uniform Commercial Code. (a) It is
the intention of the parties hereto that this Deed of Trust shall also constitute a Security
Agreement within the meaning of the Uniform Commercial Code of the State of Washington(the
"Code"), AND Grantor hereby grants to Beneficiary a security interest in all the Trust Property
that is personal property under the Code. If an Event of Default shall occur under this Deed of
Trust, then in addition to having any other right or remedy available at law or in equity,
Beneficiary shall have the option of either (i)proceeding under the Code and exercising such
rights and remedies as may be provided to a secured party by the Code with respect to all or any
portion of the Trust Property which is personal property (including,.without limitation, taking
possession of and selling such property) or (ii) treating such property as real property and
proceeding with respect to both the real and personal property constituting the Trust Property in
accordance with Beneficiary's rights, powers and remedies with respect to the real property (in
which event the default provisions of the Code shall not apply). If Beneficiary shall elect to
proceed under the Code, then ten days' notice of sale of the personal property shall be deemed
reasonable notice, and the reasonable expenses of retaking, holding, preparing for sale, selling •
and the like incurred by Beneficiary shall include, but not be limited to, attorneys' fees and legal
expenses. At Beneficiary's request, Grantor shall assemble the personal property and make it
available to Beneficiary at a place designated by Beneficiary which is reasonably convenient to
both parties.
(b) Grantor and Beneficiary agree, to the extent permitted by law, that: (i)all
of the goods described within the definition of the word "Equipment" are or are to become
fixtures on the Real Estate; (ii)this Deed of Trust upon recording or registration in the real estate
records of the proper office shall constitute a financing statement filed as a"fixture filing"within
the meaning of Sections 9-334 and 9-502 of the Code; (iii) Grantor is the record owner of the . ,.
Owned Land; and (iv)the addresses of Grantor and Beneficiary are as set forth on the first page
of this Deed of Trust.
(c) Grantor, upon request by Beneficiary from time to time, shall execute,
acknowledge and deliver to Beneficiary one or more separate security agreements, in form
satisfactory to Beneficiary, covering all or any part of the Trust Property and will further
execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any
financing statement, affidavit, continuation statement or certificate or other document as
Beneficiary may request in order to perfect, preserve, maintain, continue or extend the security
interest under and the priority of this Deed of Trust and such security instrument. Grantor
further agrees to pay to Beneficiary on demand all costs and expenses incurred by Beneficiary in
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connection with the preparation, execution, recording, filing and re-filing of any such document
and all reasonable costs and expenses of any record searches for financing statements
Beneficiary shall reasonably require. If Grantor shall fail to furnish any financing or
continuation statement within ten (10) days after request by Beneficiary, then pursuant to the
provisions of the Code, Grantor hereby authorizes Beneficiary, without the signature of Grantor,
to execute and file any such financing and continuation statements. The filing of any financing
or continuation statements in the records relating to personal property or chattels shall not be
construed as in any way impairing the right of Beneficiary to proceed against any personal
property encumbered by this Deed of Trust as real property, as set forth above.
Section 19. Assignment of Rents. Grantor hereby assigns to Trustee, for the
benefit of the Beneficiary, the Rents as further security for the payment and performance of the
Obligations, and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property
for the purpose of collecting the same and to let the Trust Property or any part thereof, and to
apply the Rents on account of the Obligations. The foregoing assignment and grant is present
and absolute and shall continue in effect until the Obligations.are paid and performed in full, but
Beneficiary and Trustee hereby waive the right to enter the Trust Property for the purpose of
•
collecting the Rents, and Grantor shall be entitled to collect, receive, use and retain the Rents
until the occurrence of an Event of Default under this Deed of Trust; such right of Grantor to
collect, receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence of
any Event of Default under this Deed of Trust by giving not less than five (5) days' written
notice of such revocation to Grantor; in the event such notice is given, Grantor shall pay over to
Beneficiary, or to any receiver appointed to collect the Rents, any lease security deposits, and
shall pay monthly in advance to Beneficiary, or to any such receiver, the fair and reasonable
rental value as determined by Beneficiary for the use and occupancy of the Trust Property or of
such part thereof as may be in the possession of Grantor or any affiliate of Grantor, and upon
default in any such payment Grantor and any such affiliate will vacate and surrender the
possession of the Trust Property to Beneficiary or to such receiver, and in default thereof may be
evicted by summary proceedings or otherwise.
Section 20. Trust Funds. All lease security deposits of the Real Estate shall be
treated as trust funds not to be commingled with any other funds of Grantor. Within 10 days
after request by Beneficiary, Grantor shall furnish Beneficiary satisfactory evidence of
compliance with this subsection, together with a statement of all lease security deposits by
lessees and copies of all Leases not previously delivered to Beneficiary,which statement shall be
certified by Grantor. •
Section 21. Additional Rights. The holder of any subordinate lien on the Trust
Property shall have no right to terminate any Lease whether or not such Lease is subordinate to
this Deed of Trust nor shall any holder of any subordinate lien or subordinate deed of trust join
any tenant under any Lease in any trustee's sale or action to foreclose the lien or modify,
interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of
this Deed of Trust all subordinate lienholders and the trustees and beneficiaries under
subordinate deeds of trust are subject to and notified of this provision, and any action taken by
any such lienholder or trustee or beneficiary contrary to this provision shall be null and void.
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Upon the occurrence of any Event of Default, Beneficiary may, in its sole discretion and without
regard to the adequacy of its security under this Deed of Trust, apply all or any part of any
amounts on deposit with Beneficiary under this Deed of Trust against all or any part of the
Obligations. Any such application shall not be construed to cure or waive any Default or Event .
of Default or invalidate any act taken by Beneficiary on account of such Default or Event of
Default.
•
Section 22. Notices. All notices,requests, demands and other communications
hereunder shall be given in accordance with the provisions of subsection 14.5 of the Loan
Agreement to Grantor and to Beneficiary as specified therein.
Section 23. No Oral Modification. This Deed of Trust may not be amended,
supplemented or otherwise modified except in accordance with the provisions of subsection 14.3
•
of the Loan Agreement. Any agreement made by Grantor and Beneficiary after the date of this
Deed of Trust relating to this Deed of Trust shall be superior to the rights of the holder of any
intervening or subordinate deed of trust,lien or encumbrance. 'Trustee's execution of any written
agreement between Grantor and Beneficiary shall not be required for the effectiveness thereof as
between Grantor and Beneficiary.
Section 24. Partial Invalidity. In the event any one or more of the provisions
contained in this Deed of Trust shall for any reason be held to be invalid,illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall not affect any other provision
hereof, but each shall be construed as if such invalid, illegal or unenforceable provision had
never been included. Notwithstanding to the contrary anything contained in this Deed of Trust
or in any provisions of any of the Loan Documents, the obligations of Grantor and of any other
obligor under the any Loan Document shall be subject to the limitation that Beneficiary shall not
charge, take or receive, nor shall Grantor or any other obligor be obligated to pay to Beneficiary,
any amounts constituting interest in excess of the maximum rate permitted by law to be charged
by Beneficiary.
Section 25. Grantor's Waiver of Rights. To the fullest extent permitted by
law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted
providing for (i) any appraisement before sale of any portion of the Trust Property, (ii) any
extension of the time for the enforcement of the collection of the Obligations or the creation or
extension of a period of redemption from any sale made in collecting such debt and
(iii) exemption of the Trust Property from attachment, levy or sale under execution or exemption
from civil process. To the full extent Grantor may do,so, Grantor agrees that Grantor will not at
any time insist upon,plead, claim or take the benefit or advantage of any law now or hereafter in
force providing for any appraisement, valuation, stay, exemption, extension or redemption, or
requiring foreclosure of this Deed of Trust before exercising any other remedy granted hereunder
and Grantor, for Grantor and its successors and assigns, and for any and all persons ever
claiming any interest in the Trust Property, to the extent permitted by law, hereby waives and
releases all rights of redemption,valuation, appraisement, stay of execution, notice of election to
mature or declare due the whole of the secured indebtedness and marshalling in the event of
exercise by Trustee or Beneficiary of the power of sale or other rights hereby created. .
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Section 26. Remedies Not Exclusive. Beneficiary and Trustee shall be entitled
to enforce payment and performance of the Obligations and to exercise all rights and powers
under this Deed of Trust or under any of the other Loan Documents or other agreement or any
laws now or hereafter in force, notwithstanding some or all of the Obligations may now or •
hereafter be otherwise secured, whether by mortgage, deed of trust, security agreement, pledge,
lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
shall prejudice or in any manner affect Beneficiary's or Trustee's right to realize upon or enforce
any other security now or hereafter held by Beneficiary and Trustee, it being agreed that
Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security
now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may
determine in its absolute discretion. No remedy herein conferred upon or reserved to Trustee or
Beneficiary is intended to be exclusive of any other remedy herein or by law provided or
permitted, but each shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy
given by any of the Loan Documents to Beneficiary or Trustee or to which.either may otherwise .
be entitled, may be exercised, concurrently or independently,from time to time and as often as
may be deemed expedient by Beneficiary or Trustee. In no event shall Beneficiary or Trustee, in
the exercise of the remedies provided in this Deed of Trust (including, without limitation, in
connection with the assignment of Rents to Beneficiary, or the appointment of a receiver and the
entry of such receiver on to all or any part of the Trust Property), be deemed a "mortgagee in
possession," and neither Beneficiary nor Trustee shall in any way be made liable for any act,
either of commission or omission, in connection with the exercise of such remedies.
Section 27. Multiple Security. If(a)the Premises shall consist of one or more
parcels, whether or not contiguous and whether or not located in the same county, or (b)in
addition to this Deed of Trust, Beneficiary shall now or hereafter hold one or more additional
mortgages, liens, deeds of trust or other security(directly or indirectly) for the Obligations upon
other property in the State in which the Premises are located (whether or not such property is
owned by Grantor or by others) or (c) both the circumstances described in clauses (a) and (b)
shall be true, then to the fullest extent permitted by law, Beneficiary may, at its election,
commence or consolidate in a single trustee's sale or foreclosure action all trustee's sale or
foreclosure proceedings against all such collateral securing the Obligations (including the Trust
Property), which action may be brought or consolidated in the courts of, or sale conducted in,
any county in which any of such collateral is located. Grantor acknowledges that the right to
maintain a consolidated trustee's sale or foreclosure action is a specific inducement to
Beneficiary to extend the indebtedness guaranteed by the Loan Agreement, and Grantor
expressly and irrevocably waives any objections to the commencement or consolidation of the
foreclosure proceedings in a single action and any objections to the laying of venue or based on
the grounds of forum non conveniens which it may now or hereafter have. Grantor further agrees
that if Trustee or Beneficiary shall be prosecuting one or more foreclosure or other proceedings
against a portion of the Trust Property or against any collateral other than the Trust Property,
which collateral directly or indirectly secures the Obligations, or if Beneficiary shall have
obtained a judgment of foreclosure and sale or similar judgment against such collateral (or,in the
case of a trustee's sale, shall have met the statutory requirements therefor with respect to the
collateral), then, whether or not such proceedings are being maintained or judgments were
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obtained in or outside the State in which the Premises are located,Beneficiary may commence or
continue any trustee's sale or foreclosure proceedings and exercise its other remedies granted in
this Deed of Trust against all or any part of the Trust Property and Grantor waives any objections
to the commencement or continuation of a foreclosure of this Deed of Trust or exercise of any
other remedies hereunder based on such other proceedings or judgments, and waives any right to
seek to dismiss, stay, remove, transfer or consolidate either any action under this Deed of Trust
or such other proceedings on such basis. Neither the commencement nor continuation of
proceedings to sell the Trust Property in a trustee's sale, to foreclose this Deed of Trust nor the
exercise of any other rights hereunder nor the recovery of any judgment by Beneficiary or the
occurrence of any sale by the Trustee in any such proceedings shall prejudice, limit or preclude
Beneficiary's tight to commence or continue one or more trustee's sales, foreclosure or other
proceedings or obtain a judgment against (or, in the case of a trustee's sale, to meet the statutory
requirements for, any such sale of)any other collateral (either in or outside the State in which the
Premises are located) which directly or indirectly secures the Obligations, and Grantor expressly
waives any objections to the commencement of, continuation of, or entry of a judgment in such •
other sales or proceedings or exercise of any remedies in such sales or proceedings based upon
any action or judgment connected to this Deed of Trust, and Grantor also waives any right to
seek to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or
any sale or action under this Deed of Trust on such basis. It is expressly understood and agreed
that to the fullest extent permitted by law, Beneficiary may, at its election, cause the sale of all
collateral which is the subject of a single trustee's sale or foreclosure action at either a single sale
or at multiple sales conducted simultaneously and take such other measures as are appropriate in
order to effect the agreement of the parties to dispose of and administer all collateral securing the
Obligations(directly or indirectly)in the most economical and least time-consuming manner.
Section 28. Successors and Assigns. All covenants of Grantor contained in .
this Deed of Trust are imposed solely and exclusively for the benefit of Beneficiary and Trustee
and their respective successors and assigns, and no other person or entity shall have standing to
require compliance with such covenants or be deemed, under any circumstances, to be a
beneficiary of such covenants, any or all of which may be freely waived in whole or in part by
Beneficiary or Trustee at any time if in the sole discretion of either of them such waiver is
deemed advisable. All such covenants of Grantor shall run with the land and bind Grantor, the
successors and assigns of Grantor(and each of them) and all subsequent owners,encumbrancers
and tenants of the Trust Property, and shall inure to the benefit of Beneficiary, Trustee and their
respective successors and assigns. Without limiting the generality of the foregoing, any
successor to Trustee appointed by Beneficiary shall succeed to all rights of Trustee as if such
successor had been originally named as Trustee hereunder. The word "Grantor" shall be
construed as if it read "Grantors" whenever the sense of this Deed of Trust so requires and if
there shall be more than one Grantor,the obligations of the Grantors shall be joint and several.
Section 29. No Waivers, etc. Any failure by Beneficiary to insist upon the
strict performance by Grantor of any of the terms and provisions of this Deed of Trust shall not
be deemed to be a waiver of any of the terms and provisions hereof, and Beneficiary,
notwithstanding any such failure, shall have the right thereafter to insist upon the strict
performance by Grantor of any and all of the terms and provisions of this Deed of Trust to be
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performed by Grantor. Beneficiary may release, regardless of consideration and without the
necessity for any notice to or consent by the beneficiary of any subordinate deed of trust or the
holder of any subordinate lien on the Trust Property, any part of the security held for the
obligations secured by this Deed of Trust without, as to the remainder of the security,in any way
impairing or affecting the lien of this Deed of Trust or the priority of such lien over any
subordinate lien or deed of trust.
Section 30. Governing Law, etc. This Deed of Trust shall be governed by and
construed and interpreted in accordance with the laws of the State Washington, except that
Grantor expressly acknowledges that by their terms the Loan Agreement, and the Notes shall be
governed and construed in accordance with the laws of the State of New York,without regard to
principles of conflict of law, and for purposes of consistency, Grantor agrees that in any in
personam proceeding related to this Deed of Trust the rights of the parties to this Deed of Trust
shall also be governed by and construed in accordance with the laws of the State of New York
governing contracts made and to be performed in that state, without regard to principles of
conflict of law.
Section 31. Certain Definitions. Unless the context clearly indicates a contrary
intent or unless otherwise specifically provided herein, words used in this Deed of Trust shall be
used interchangeably in singular or plural form and the word "Grantor" shall mean "Grantor, or
any subsequent owner or owners of the Trust Property or any part thereof or interest therein,"the
word "Beneficiary" shall mean "Beneficiary, or any successor agent for the Beneficiary," the
word "Trustee" shall mean "Trustee, or any successor hereunder," the words "Loan Agreement"
shall mean "the Loan Agreement, or any other guaranty or evidence of indebtedness secured by
this Deed of Trust," the word "person" shall include any individual, corporation, partnership,
trust, unincorporated association, government, governmental authority, or other entity, and the
words "Trust Property" shall include any portion of the Trust Property or interest therein.
Whenever the context may require, any pronouns used herein shall include the corresponding
masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include
the plural and vice versa. The captions in this Deed of Trust are for convenience or reference
only and in no way limit or amplify the provisions hereof.
Section 32. Trust Lease Provisions. (a) Grantor shall pay or cause to be paid .
all rent and other charges required under the Trust Lease as and when the same are due and shall
promptly and faithfully perform or cause to be performed all other material terms, obligations,
covenants, conditions, agreements, indemnities, representations, warranties or liabilities of the
lessee under the Trust Lease. Grantor shall not(i)if an Event of Default shall have occurred and
be continuing, in any manner, cancel, terminate or surrender, or permit the cancellation,
termination or surrender, of the Trust Lease, in whole or in part except as may be expressly
permitted under the Loan Agreement, (ii)either orally or in writing, modify, amend or permit
any modification or amendment of any of the terms of the Trust Lease in any material respect
without the prior written consent of Beneficiary, which consent shall not be unreasonably
withheld (it being agreed that for purposes of this Section 32(a), "material" shall be deemed to
mean and refer to modifications or amendments to the Trust Lease which may affect the lien of
this Deed of Trust or the validity, scope or enforceability thereof), or (iii)after the date hereof,
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permit the subordination of the Trust Lease to any deed of trust without a nondisturbance
agreement acceptable to Beneficiary and any attempt to do any of the foregoing shall be null and
void and of no effect and shall constitute an Event of Default hereunder.
(b) Grantor shall do, or cause to be done, all things necessary to preserve and
keep unimpaired all rights of Grantor as lessee under the Trust Lease, and to prevent any default
under the Trust Lease, or any termination, surrender, cancellation, forfeiture, subordination or
impairment thereof. Grantor does hereby authorize and irrevocably appoint and constitute
Beneficiary as its true and lawful attorney-in-fact,which appointment is coupled with an interest,
in its name, place and stead, to take any and all actions deemed necessary or desirable by
Beneficiary to perform and comply with all the obligations of Grantor under the Trust Lease, and
to do and take, but without any obligation so to do, after ten (10) days' notice to Grantor, any
action which Beneficiary deems necessary or desirable to prevent or cure any default by Grantor •
under the Trust Lease,to enter into and upon the Premises or any part thereof to such extent and
as often as Beneficiary, in its sole discretion, deems necessary or desirable in order to prevent or
cure any default of Grantor pursuant thereto, to the end that the rights of Grantor in and to the
leasehold estate created by the Trust Lease shall be kept unimpaired and free from default. All
sums so expended by Beneficiary,with interest thereon at the Default Rate from the date of each
such expenditure, shall be paid by Grantor to Beneficiary promptly upon demand by Beneficiary.
Grantor shall, within five (5) business days after written request by Beneficiary, execute and
deliver to Beneficiary, or to any person designated by Beneficiary, such further instruments,
agreements, powers, assignments, conveyances or the like as may be necessary to complete or
perfect the interest,rights or powers of Beneficiary pursuant to this paragraph.
•
(c) Grantor shall enforce the material obligations of the lessor under the Trust
Lease and shall promptly notify Beneficiary in writing of any material default by either the lessor
or Grantor in the performance or observance of any of the terms, covenants and conditions
contained in the Trust Lease. Grantor shall deliver to Beneficiary, within ten (10)business days
after receipt, a copy of any material notice, demand, complaint or request for compliance made
by the lessor under the Trust Lease. If the lessor shall deliver to Beneficiary a copy of any notice
of default given to Grantor, such notice shall constitute full authority and protection to
Beneficiary for any actions taken or omitted to be taken in good faith by Beneficiary on such
notice.
(d) If any action or proceeding shall be instituted to evict Grantor or to
recover possession of the Trust Property from Grantor or any part thereof or interest therein or
any action or proceeding otherwise affecting the Trust Lease or this Deed of Trust shall be
instituted, then Grantor shall, immediately after receipt deliver to Beneficiary a true and
complete copy of each petition, summons, complaint, notice of motion, order to show cause and
all other pleadings and papers,however designated,served in any such action or proceeding.
(e) Grantor covenants and agrees that the fee title to the Leased Land and the
leasehold estate created under the Trust Lease shall not merge but shall always remain separate
and distinct, notwithstanding the union of said estates either in Grantor or a third party by
purchase or otherwise; and in case Grantor acquires the fee title, an easement interest, or any
USActive 8147418.4 -18-
20091020002098.020
other estate, title or interest in and to the Leased Land, the lien of this Deed of Trust shall,
without further conveyance, simultaneously with such acquisition, be spread to cover and attach
to such acquired estate and as so spread and attached shall be prior to the lien of any deed of trust
placed on the acquired estate after the date of this Deed of Trust.
(f) If an Event of Default shall have occurred and be continuing, all rights of •
Grantor to make any election or give any consent or approval under the Trust Lease, to receive
moneys payable to Grantor under the Trust Lease, to renew, extend, terminate or modify the
Trust Lease and to purchase the Leased Land and the Improvements located thereon, which have
been assigned for collateral purposes to Beneficiary, shall automatically vest exclusively in and
be exercisable solely by Beneficiary.
(g) - Grantor will give Beneficiary prompt written notice of the commencement ,
of any arbitration or appraisal proceeding under and pursuant to the provisions of the Trust Lease
involving amounts in excess of$50,000.00 on a present value basis. Automatically upon the
occurrence of an Event of Default and for so long as it shall be continuing, Beneficiary shall
have the sole authority to conduct any such proceeding and Grantor hereby irrevocably appoints
and constitutes Beneficiary as its true and lawful attorney-in-fact, which appointment is coupled
with an interest, in its name,place and stead,to exercise,at the expense of Grantor, all right, title
and interest of Grantor in connection with such proceeding, including the right to appoint
arbitrators and to conduct arbitration proceedings on behalf of Grantor, following an Event of
Default. Nothing contained herein shall obligate Beneficiary to participate in such proceeding.
(h) if an Event of Default shall have occurred and be continuing, Beneficiary
may act in Grantor's stead with respect to the exercise of any option or right to renew or extend
the term of the Trust Lease, and Grantor hereby irrevocably authorizes and appoints Beneficiary
as its true and lawful attorney-in-fact, which appointment is coupled with an interest, in its name,
place and stead, to execute and deliver, for and in the name of Grantor, all of the instruments and
agreements necessary under the Trust Lease or otherwise to cause any extension of the term
thereof. Nothing contained herein shall affect or limit any rights of Grantor or Beneficiary
granted under the Trust Lease.
(i) Grantor shall, within ten(10) days after written demand from Beneficiary,
deliver to Beneficiary proof of payment of all items that are required to be paid by Grantor under
the Trust Lease, including, without limitation,rent,taxes,operating expenses and other charges.
(}) (i) The lien of this Deed of Trust shall attach to all of Grantor's rights and
remedies at any time arising under or pursuant to Subsection 365(h) of the Bankruptcy
Code, 11 U.S.C. § 365(h), as the same may hereafter be amended (the `Bankruptcy
Code"), including, without limitation, all of Grantor's rights to remain in possession of
the Leased Land. If an Event of Default shall have occurred and be continuing, Grantor
shall not, without Beneficiary's prior written consent, elect to treat the Trust Lease as
terminated under Subsection 365(h)(1)(A)(i) of the Bankruptcy Code. Any such election
made without Beneficiary's consent shall be void. •
USActive 8147418.4 -19-
20091020002098.021
(ii) If an Event of Default shall have occurred and be continuing, Beneficiary
shall have the right to proceed in its own name or in the name of Grantor in respect of
any claim, suit, action or proceeding relating to the rejection of the Trust Lease by the
lessor or any other party, including, without limitation, the right to file and prosecute
under the Bankruptcy Code, without joining or the joinder of Grantor, any proofs of
claim, complaints, motions, applications, notices and other documents. Any amounts
received by Beneficiary as damages arising out of the rejection of the Trust Lease as
aforesaid shall be applied first to all costs and expenses of Beneficiary (including,
without limitation, attorneys' fees) incurred in connection with the exercise of any of its
rights or remedies under this paragraph and thereafter in accordance with Section 2.10(c)
of the Loan Agreement. Grantor acknowledges that the assignment of all claims and
rights to the payment of damages from the rejection of the Trust Lease made under the
granting clauses of this Deed of Trust constitutes a present irreversible and unconditional
assignment and Grantor shall, at the request of Beneficiary, promptly'make, execute,
acknowledge and deliver, in form and substance satisfactory_to Beneficiary, a UCC •
Financing Statement (Form UCC-1) and all such additional instruments, agreements and
other documents, as may at any time hereafter be required by Beneficiary to carry out
such assignment.
(iii) If pursuant to Subsection 365(h)(1)(B) of the Bankruptcy,Code, Grantor
shall seek to offset against the rent reserved in the Trust Lease the amount of any
damages caused by the nonperformance by the lessor or any other party of any of their
respective obligations under such Trust Lease after the rejection by the lessor or such
other party of such Trust Lease under the Bankruptcy Code, then Grantor shall, if an
Event of Default shall have occurred and be continuing, prior to effecting such offset,
notify Beneficiary of its intent to do so, setting forth the amount proposed to be so offset
and the basis therefor. In such event, Beneficiary shall have the right to object to all or
any part of such offset that,in the reasonable judgment of Beneficiary, would constitute a
breach of such Trust Lease, and in the event of such objection, Grantor shall not effect
any offset of the amounts found objectionable by Beneficiary. Neither Beneficiary's
failure to object as aforesaid nor any objection relating to such offset shall constitute an
approval of any such offset by Beneficiary.
(iv) Grantor shall, after obtaining knowledge thereof, promptly notify
Beneficiary of any filing by or against the lessor or other party with an interest in the
Real Estate of a petition under the Bankruptcy Code. Grantor shall promptly deliver to
Beneficiary, following receipt, copies of any and all notices, summonses, pleadings,
applications and other documents received by Grantor in connection with any such
petition and any proceedings relating thereto.
(v) If there shall be filed by or against Grantor .a petition under the
Bankruptcy Code and Grantor, as lessee under the Trust Lease, shall determine to reject
the Trust Lease pursuant to Section 365(a) of the Bankruptcy Code, then Grantor shall
give Beneficiary not less than ten (10) days' prior notice of the date on which Grantor
shall apply to the Bankruptcy Court for authority to reject the Trust Lease.
USActive 8147418.4 -20-
20091020002098.022
(k) Grantor shall request and use commerciallyreasonable efforts to furnish to
q
Beneficiary, from time to time upon receipt of reasonable notice from Beneficiary but no more
often than once every three months, in form and substance. reasonably satisfactory to
Beneficiary, any estoppel certificate from the lessor under the Trust Lease with,respect to such
Trust Lease provided for in such Trust Lease.
(1) If an Event of Default shall have occurred and be continuing and the Trust
Lease shall be terminated prior to the natural expiration of its term, and if, pursuant to any
provision of the Trust Lease or otherwise, Beneficiary or its designee shall acquire from the
lessor under such Trust Lease a new lease of the Real Estate or any part thereof, Grantor shall
have no right, title or interest in or to such new lease or the leasehold estate created thereby, or
renewal privileges therein contained.
(m) Notwithstanding anything to the contrary set forth herein,to the extent that
any covenant or other obligation of Grantor contained herein shall be expressly imposed upon
the lessor under a Trust Lease pursuant to the provisions thereof, Grantor shall not be deemed to
be in default of such obligation or covenant with respect to such portion of the Premises as is
covered by such Trust Lease,provided that Grantor shall enforce such obligations of such lessor
in accordance with the terms of the Trust Lease.
Section 33. Last Dollars Secured; Priority. This Deed of Trust secures only a
portion of the indebtedness owing or which may become owing by the Grantor to the
Beneficiary. The parties agree that any payments or repayments of such indebtedness shall be
and be deemed to be applied first to the portion of the indebtedness that is not secured hereby, it
being the parties' intent that the portion of the indebtedness last remaining unpaid shall be
secured hereby.
Section 34_ Release. Upon the disposition of all or any portion of the Trust
Property pursuant to the provisions of Section 11.4 of the Loan Agreement, the lien of this Deed
of Trust shall be released from the applicable portion of the Trust Property. Beneficiary shall
execute any documents reasonably requested by Grantor to accomplish any release contemplated
by this Section and Grantor will pay all costs and expenses, including reasonable attorneys' fees,
disbursements and other charges, incurred by Beneficiary in connection with the preparation and
execution of such documents.
Section 35. Usury Laws. Notwithstanding anything to the contrary, (a)all
agreements and communications between Grantor and Beneficiary are hereby and shall
automatically be limited so that, after taking into account all amounts deemed interest, the
interest contracted for, charged or received by Beneficiary shall never exceed the maximum
lawful rate or amount, (b)in calculating whether any interest exceeds the lawful maximum, all
such interest shall be amortized,prorated, allocated and spread over the full amount and term of
all principal indebtedness of Grantor to Beneficiary, and (c)if through any contingency or event,
Beneficiary receives or is deemed to receive interest in excess of the lawful maximum, any such
excess shall be deemed to have been applied toward payment of the principal of any and all then
USActive 8147418.4 -21-
20091020002098.023
outstanding indebtedness of Grantor to Beneficiary, or if there is no such indebtedness, shall
immediately be returned to Grantor.
Section 36. State Specific Provisions.
(a) Non-Agricultural Use. The Real Estate which is the subject of this Deed
of Trust is not used principally for agricultural purposes. . ,.
(b) Oral Agreements. NOTICE IS HEREBY GIVEN THAT ORAL
AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT,
MODIFY LOAN TERMS, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A
DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
(c) Assignment of Rents. The assignment of Rents pursuant to this Deed of
Trust is intended to be specific, perfected and choate upon recording as provided in
RCW 7.28.230. -
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK[
USActive 8147418.4 -22-
20091020002098.024
IN WITNESS WHEREOF,this Deed of Trust has been duly executed by Grantor
on the date first-above written,intended to be effective as of same date.
GRANTOR:
AMERICAN TOWER ASSET SUB, LLC, •
a Delawar- limi ed liabili ' corn .ny
I
By:
Name: H.Anthony Leh
Title: Senior Vice Pres', ent
20091020002098.025
NOTARY ACKNOWLEDGMENT
STATE OF MASSACHUSETTS )
)ss.
COUNTY OF SUFFOLK )
41)
On this day of WI , 2007, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn personally appeared H.
Anthony Lehv, known to me to be the Senior Vice President of AMERICAN TOWER ASSET
SUB, LLC, a Delaware limited liability company, the limited Iiability company that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and .
deed of said limited liability company, for the purposes therein mentioned, and on oath stated that •
he/she was authorized to execute said instrument.
I certify that I know or have satisfactory evidence that the person appearing before me and
making this acknowledgment is the person whose true signature appears on this document.
WITNESS my hand and official se eto affixed the day and year in the certificate above
written.
Ats,..• r/dr
Signature
1
41 ‘S; .,.. i 7 0 Q' 's PAUL JOHN BERGENDAHL.II 4 Z/ � � GC714 4 i#(--(t--.-.---
Nolary Public Print Name
� . . amCarmiawecfidMoeadx
NVCani ionEcYea.U4.2008
NOTARY PUBLIC in and for the State of
Massachusetts,residing at
z
do AMERICAN TOWERS,INC.
116 HUNTINGTON AVENUE,11TM FLOOR
BOSTON,MA 02116
1
My commission expires w-(y 2L )g
20091020002098.026
SCHEDULE A
DESCRIPTION OF THE OWNED LAND
(attached hereto)
USActive 8147418.4 SCHEDULE A
20091020002098.027
DESCRIPTION OF THE OWNED LAND
(King County,Washington)
None.
20091020002098.028
SCHEDULE B-1
DESCRIPTION OF THE TRUST LEASE
(attached hereto)
USActive 8147418.4 SCHEDULE B-1
20091020002098,029
DESCRIPTION OF THE TRUST LEASE
(King County,Washington)
Tower Title Date Lessor Lessee
310447 Communications Site Lease February 25, Richard Barene and Kathryn CenCall,Inc.,a Delaware
(Washington Mortgaged Lease) 1994 Barene,husband and wife,and corporation
Dennis Davidson,a married man,
as his separate property
310460 Communications Site Lease July 10, 1998 Ellingson Associates,a Nextel West Corp.,a Delaware
Agreement(Ground) Washington general partnership corporation d/b/a Nextel
Communications
310498 Communications Site Lease May 1, 1996 King County Water District#90, OneComm Corporation,
(Washington Mortgaged Lease) a Washington municipal NorthA.
corporation
310501 PCS Site Agreement March 28, 1996 Duane East Cameron and Linda Sprint Spectrum LP,a
South Cameron Delaware limited partnership
310516 Communications Site Lease October 18,1999 R.V.Hardy-Kent LLC,a Nextel West Corp.,a Delaware
Agreement(Ground) Washington limited liability corporation d/b/a Nextel
company,B.J.Hardy-Kent LLC, Communications
a Washington limited liability
company,M.M.Wong LLC,a
Washington limited liability
company,SouthWest Wong LLC,
a Washington limited liability
company,D.J.Bublitz LLC,a
Was
•
20091020002098.030
Tower Title Date Lessor Lessee
310580 Communications Site Lease March 5,1997 The Diocese of Olympia,Inc.,a OneCom Corporation NorthA.,
Agreement(Ground/Guy Tower) Washington corporation a Delaware corporation,d/b/a
Nextel Communications
310581 Communications Site Lease March 13, 1997 Gerald and Gail Jolk,husband OneCom Corporation NorthA.,
Agreement(Ground) and wife a Delaware corporation,d/b/a
Nextel Communications
310589 Communications Site Lease June 10,1997 Barabara and Robert Newlin, OneCom Corporation NorthA.,
Agreement(Ground) husband and wife a Delaware corporation,d/b/a
Nextel Communications
310590 Communications Site Option July 14, 1997 Earl East Dedham and Joan M. Nextel West Corp.,a Delaware
Lease Agreement(Ground) Dedham,husband and wife corporation,d/b/a Nextel
Communications
•
310594 Communications Site Lease December 19, Edward A.Charishe Nextel West Corp.,a Delaware
Agreement(Ground) 1997 corporation,d/b/a Nextel
Communications
310595 Communications Site Lease April 22,1998 Seattle Police Athletic Nextel West Corp.,a Delaware
Agreement(Ground) Association,Inc.,a Washington corporation,d/b/a Nextel
corporation Communications
310597 Communications Site Lease May 22, 1998 Seattle Box Co.,a Washington Nextel West Corp.,a Delaware
Agreement(Ground) corporation,which acquired title corporation,d/b/a Nextel
as Seattle Box Company,a Communications
Washington corporation
310599 Communications Site Lease June 2,1998 Schiessl Investments,L.P.,a Nextel West Corp.,a Delaware
Agreement(Ground) Washington limited partnership corporation,d/b/a Nextel
Communications
20091020002098.031
Tower Title Date Lessor Lessee
310600 Communications Site Lease April 13, 1998 Thomas D.Forgey,as his Nextel West Corp.,a Delaware
Agreement(Ground) separate estate corporation,d/b/a Nextel
Communications
•
20091020002098.032
Tower Title Date Lessor Lessee
310531 Communications Site Lease March 11, 1996 The Estate Of American ONECOMM
(Washington Mortgaged Lease) Adventure Inc.by American CORPORATION,NorthA.,a
Adventure Inc.,a Delaware Delaware corporation
corporation
310551 Communications Site Lease February 7, 1997 Robert East Fricks and Donna C. OneComm Corporation, '
Agreement(Ground) Fricks NorthA.,a Delaware
(Washington) Corporation,dba Nextel
Communications
310567 Property Management September 25, Department of Genera] Nextel West Corp.,a Delaware
Communications Site Lease 1997 Administration corporation,d/b/a Nextel
Communications
310574 Communications Site Option and November 7, Palmer Coking Coal Company,a OneCom Corporation NorthA.,
Lease 1996 Washington Partnership a Delaware corporation,d/b/a
Nextel Communications
310577 Communications Site Lease November 3, City of Issaquah,a Washington Nextel West Corp.,a Delaware
Agreement(Ground) 1997 municipal corporation corporation,d/b/a Nextel
Communications
310578 Communications Site Lease February 26, Peggy A.Ziebarth OneCom Corporation NorthA.,
Agreement(Ground) 1997 a Delaware corporation,d/b/a
Nextel Communications
20091020002098.033
SCHEDULE B-2
DESCRIPTION OF THE LEASED PROPERTY
(attached hereto)
USActive 8147418.4 SCHEDULE B-2
20091020002098.034
•
•
Lease Amendments •
Washington
Borrower:American Tower Asset Sub, LLC
. .
Tower Site Name Amendment 1 Date
310501 Enumclaw/Sprint First Amendment to the Lease 11/1411996
310501 Enumclaw I Sprint Second Amendment to the Lease 7/10/2006
•
310531 Carnation/Talichief ,First Amendment to the Lease 3/1/2006
310567 Burien/Training First Amendment to the Lease 1/4/1999
310567 Burien/Training Second Amendment to the Lease 5/22/2002
310574 Black Diamond/Palmer First Amendment to the Lease 1/15/1997
310574 Black Diamond/Palmer Second Amendment to the Lease 4/1/1997
310590 Mack/Greenhouse First Amendment to the Lease : 12J29/1997
. .
•
310590 Mack/Greenhouse Second Amendment to the Lease 9/1612005
. . . .
310599 National Glass First Amendment to the Lease 10/1/1999
_
Other amendments will not have a material
adverse affect
20091020002098.036
DESCRIPTION OF THE LEASED LAND
(King County,Washington)
The legal description for each of the following sites is attached.
Tower 310447
Tower 310460
Tower 3I0498
Tower 310501
Tower 310516
Tower 310531
Tower 310551
Tower 310567
Power 310574
'Power 310577
Tower 310578
Tower 310580
Tower 310581
lower 310589
Tower 310590
'lower 310594 •
'lower 310595
Tower 310597
Tower 310599
Tower 310600
20091020002098.036
Site Number: 310574
Site Name: Black Diamond I Palmer
County: King
State: Washington
BEGINNING AT A POINT TO WHICH THE CENTER OF SECTION 13 BEARS
S89°41'49"E, 100 FEET;
THENCE S45°00'00"W, 275.00 FEET;
THENCE N45°00'00"W, 275.00 FEET;
THENCE N45°00'00"E, 275.00 FEET;
THENCE S45°00'00"E, 275.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.7361 ACRES, MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 6 EAST, W.M.
IN KING COUNTY, WASHINGTON.
20091020002098.037
Site Number: 310531
Site Name: Carnation/Tallchief
County: King
State: Washington
A PORTION OF THE BELOW REFERENCED PARENT PARCEL, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 5; THENCE SOUTH 88°15'21" EAST ALONG THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 5, A
DISTANCE OF 95.78 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 1°44'39" EAST, A DISTANCE OF 31.00 FEET;
THENCE NORTH 88°15'21" WEST, A DISTANCE OF 18.00 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 14.00 FEET;
THENCE SOUTH 88°15'21" EAST, A DISTANCE OF 63.00 FEET;
THENCE SOUTH 1°44'39"WEST, A DISTANCE OF 45.00 FEET;
THENCE NORTH 88°15'21" WEST, A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,277 SQUARE FEET MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
GOVERNMENT LOTS 3 AND 4, AND THE SOUTH 1 HALF OF THE
NORTHWEST QUARTER, SECTION 5, TOWNSHIP 24 NORTH, RANGE 7
EAST, W.M. IN KING COUNTY, WASHINGTON.
20091020002098.038
ATC Site#310600 •
Grazer—Forgery
King County,WA
That portion of the West half of the Northeast quarter of the Northwest quarter of Section
31, Township 26 North, Range 7 East, Willamette Meridian, in King County, •
Washington described as follows:
Beginning at the Northeast corner of said Northwest quarter of said Section 31;
Thence N 88° 18' 32"W along the North line thereof a distance of 1,285.71 feet;
Thence S 00° 00' 00" E a distance of 734.75 feet to the true point of beginning of the
herein described parcel;
Thence continuing S 00° 00' 00"E a distance of 45.00 feet;
• Thence N 90° 00' 00" E a distance of 45.00 feet;
Thence N 00° 00' 00" E a distance of 45.00 feet;
Thence S 90° 00' 00" W a distance of 45.00 feet to the true point of beginning and a
point that bears S 61°32' 00"W a distance of 1,461.90 feet from said point of beginning.
61110\
•
20091020002098.039
SITE NUMBER: 310501 •
SITE NAME: Enumclaw/Sprint
COUNTY: King
STATE: Washington
Commencing at the most easterly corner of Lot A of the City of Enumclaw Short Plat No. •
8402,Recording Number 8406210809,records of King County,Washington;
thence South 35°56'01" West, along the southeasterly line of said Lot A, a distance of
11.00 feet to the True Point of Beginning;
thence North 54°03'59" West, a distance of 60.00 feet;
thence South 35°56'O1"West, a distance of 40.00 feet;
thence South 54°03'59" East, a distance of 60.00 feet to said southeasterly line;
thence North 35°56'01"East, along said line, a distance of 40.00 feet to the True Point of
Beginning.
The following Parent Parcel description is for reference only. The property encumbered
is the above-stated leased premises only.
Lot A of the City of Enumclaw Short Plat No. 8402,Recording Number 8406210809,
records of
King County,Washington,being portions of Lot 4,Enumclaw, Industrial Park,according
to the
plat thereof recorded in Volume 81 of Plats,page 3,in King County, Washington.
20091020002098.040
ATC Site#310577
Issaquah East/water Distr
King County,WA
THAT PORTION OF TRACT"A", FOREST RIM ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 116 OF PLATS, PAGES 27 THROUGH
38, INCLUSIVE, IN KING COUNTY,WASHINGTON, DESCRIBED MORE
PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT"A", SAID
CORNER BEARS NORTH 10°38'27"WEST 212.70 FEET FROM THE
SOUTHEAST CORNER OF SAID TRACT"A",THENCE SOUTH 35°56'4T'
WEST ON A RANDOM LINE 75.95 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE SOUTH 01°36'00"WEST 54.25 FEET; THENCE NORTH 88°24'00"
WEST 19.50 FEET; THENCE NORTH 01°36'00"EAST 54.25 FEET; THENCE
SOUTH 88°24'00"EAST 19.50 FEET TO THE SAID TRUE POINT OF
BEGINNING.
20091020002098.041
Site Number: 310516
Site Name: Panther Lake WA
County: King
State: Washington
THAT PORTION OF LOT 2, KING COUNTY SHORT PLAT NO. 583072, AS
RECORDED UNDER RECORDING NO. 8407100790, RECORDS OF KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
NORTH 88°49' 02" WEST ALONG THE SOUTH LINE OF SAID LOT 2 A
DISTANCE OF 96.04 FEET; THENCE NORTH 01° 17' 04" EAST A DISTANCE
OF 65.73 FEET; THENCE NORTH 88°42'56"WEST A DISTANCE OF 5.10
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
AREA:
THENCE NORTH 88° 42' 56" WEST A DISTANCE OF 50.00 FEET; THENCE
NORTH 01° 36' 08" EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH
88° 42' 56" EAST A DISTANCE OF 55.00 FEET; THENCE NORTH 01° 17' 04"
EAST A DISTANCE OF 22.00 FEET; THENCE SOUTH 88° 42' 56" EAST A
DISTANCE OF 16.00 FEET; THENCE SOUTH 01° 17' 04" WEST A DISTANCE
OF 17.00 FEET; THENCE SOUTH 43° 49'02" WEST A DISTANCE OF 31.21
FEET TO THE SAID TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 1388 SQ. FT.
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS,
COVENANTS, AND RESTRICTIONS OF RECORD AND IN VIEW.
20091020002098.042
Site Number: 310580
Site Name: Star Lake/st. Columba's
County: King
State: Washington
A portion of the southeast quarter of the northeast quarter of the southeast
quarter of Section 28, Township 22 North, Range 4 East, described as
follows:
Commencing at the southwest corner of said subdivision;
Thence North 01°03' 34" East along the west line thereof a distance of 9.00
feet;
Thence South 87° 53' 41" east a distance of 10.00 feet to a 5/8" iron rebar
with plastic cap stamped P-A-C-E PLS 33127 hereinafter referred to as
"rebar" and the true point of beginning of the herein described lease area;
Thence North 01°03' 34" East a distance of 28.00 feet to a "rebar";
Thence South 87° 53' 41" East a distance of 77.00 feet to a "rebar";
Thence South 01° 03' 34" West a distance of 28.00 feet to a "rebar";
Thence North 87° 53'41" West a distance of 77.00 feet to the true point of
beginning.
20091020002098.043
ATC Site#310597
King Kong—Seatac Box Co
King County,WA
That portion of Lot 3, City of Kent Short Plat No. 74-1, recorded under Recording No.
7808I70845, Being a portion of the North half of Section 13, Township 22 North, Range
4 East,Willamette Meridian, and more particularly described as follows:
Beginning at the Southwest corner of said Lot 3; thence S 88° 35' 05" E (S 88° 35' 19"
E, City of Kent Short Plat No. 74-I) along the South line thereof, a distance of 55.00
feet;
Thence N 01° 24' 55"E, a distance of 50.00 feet;
Thence N 88° 35' 05"W, a distance of 55.00 feet;
Thence S 01° 24' 55"W, a distance of 50.00 feet to the Point of Beginning.
20091020002098.044
ATC Site#310581
Maple Valley-gerald Jolk
King County,WA
A PORTION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER,
OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 6 EAST, WILLAMETTE
MERIDIAN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, SHOWN ON SHORT
PLAT 681111, RECORDED JUNE 14, 1982 AS INSTRUMENT NUMBER •
8206140543, RECORDS OF KING COUNTY, WASHINGTON, THENCE ALONG
THE WEST LINE OF SAID LOT 1;SOUTH 01'21'48"WEST 352.20 FEET;THENCE
LEAVING SAID WEST LINE, NORTH 88'38' 12"WEST 68.00 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 88038'12"
WEST 45.00 FEET; THENCE SOUTH or 21' 48" WEST 45.00 FEET; THENCE
SOUTH 88* 38' I2" EAST 45.00 FEET, THENCE NORTH or 21' 48" EAST 45.00
FEET, TO THE SAID TRUE POINT OF BEGINNING, CONTAINING 2,025 SQUARE
FEET OF LAND MORE OR LESS.
20091020002098.045
Site Number: 310460
Site Name: Auburn WA 1
County: King
State: Washington
DESCRIPTION OF LEASE SITE
THAT PORTION OF LOT 1 OF SHORT PLAT 90-02, RECORDED OCTOBER 04, 1990, UNDER
AUDITORS FILE NO. 9010049002, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT, THENCE SOUTH 00°46'14"
WEST ALONG THE EAST LINE OF SAID LOT 384.90 FEET; THENCE NORTH 89°13'46"
WEST ON A RANDOM LINE FOR 190.69 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A SPECTRASITE COMMUNICATIONS CELL SITE, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE NORTH 90°00'00"WEST 55.00 FEET;THENCE SOUTH 00°00'00"EAST 17.00 FEET;
THENCE SOUTH 00°00'00"EAST 55.00 FEET;THENCE NORTH 90°00'00"WEST 17.00 FEET,
TO SAID TRUE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS, AND RESTRICTIONS OF
RECORD AND IN VIEW.
20091020002098.046
ATC Site Number: 310498
ATC Site Name: Renton/WD 145th
County: King
State: WA -
LEGAL DESCRIPTION OF LEASE AREA:
THAT PORTION OF THE WESTERLY 280 FEET OF THE
EASTERLY 805 FEET OF THE SOUTHERLY 333 FEET OF THE
NORTHERLY 728 FEET OF THE NORTHEAST QUARTER OF
SECTION 19,TOWNSHIP 23 NORTH,RANGE 6 EAST,W.M., KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE
DESCRIBED SUBDIVISION;
THENCE N 88° 27'29" W ALONG THE SOUTHERLY LINE -
THEREOF A DISTANCE OF 103.62 FEET;
THENCE N 01° 32' 31" E, 10.00 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIBED PARCEL;
THENCE CONTINUING N 01°32'31" E,45.00 FEET;
THENCE N 88° 27'29" W PARALLEL WITH THE SOUTH LINE OF
SAID SUBDIVISION 45 FEET;
THENCE S 01° 32'31" W,45 FEET TO A POINT WHICH BEARS
NORTH 88° 27'29" WEST FROM THE POINT OF BEGINNING;
THENCE S 88° 27'29" E, 45 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS,
RESERVATIONS AND RESTRICTIONS OF RECORD AND IN VIEW.
20091020002098.047
Site Number: 310551
Site Name: Highland! Hazen
County: King
State: Washington
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.
MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION:
THENCE NORTH 88°39'03"WEST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 329.63 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE EAST HALF SAID SUBDIVISION;
THENCE SOUTH 00°04'44" WEST ALONG THE EAST LINE OF SAID WEST
HALF OF SAID EAST HALF A DISTANCE OF 174.68 FEET;
THENCE NORTH 89°55'16"WEST AT RIGHT ANGLES TO SAID EAST LINE
A DISTANCE OF 61.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°39'03"WEST A DISTANCE OF 45.00 FEET;
THENCE NORTH 00°04'44" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 88°39'03" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 00°04'44" WEST A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 0.05 ACRES.
20091020002098.048
ATC Site#310578
May Creek/Ziebarth
King County,WA
That portion of the Southeast Quarter of the Southwest Quarter of Section 12,Township
23 North, Range 5 East,W.M. more particularly described as follows: .
Beginning at the Northeast corner of said subdivision;
Thence N 8643' 28"W along the North line thereof,a distance of 239.14 Feet;
Thence S 03'16' 32"W at right angles to said line, a distance of 142.28 Feet to the true
point of beginning;
Thence S 13'58' 17"E a distance of 46.50 Feet;
Thence S 7601' 43" W a distance of 39.50 Feet;
Thence N 13'58' 17"W a distance of 46.50 Feet;
Thence N 76 01' 43"E a distance of 39.50 Feet to the true point of beginning.
Situated in King County,/WashingtonWashington and containing approximately 0.04 acres.
aloirWt
THAT Po, TION aF TH(solitHEAsi WARM? Of T
sOUTHIPEST QUARTER oF sEcrioNle, 70010,03 a NORTH RAN$£
5 (AST PARTIC,/LARL.rofNot0>AS"0LL£aM'', .
DEONNMIC 4 T THE NORTHEAST OMER O SAS
.Sft VISION:
meta-'E N 86°43?8 N' AL ON5 TIE NORTH LINE: THEREOF,
A 0/STANCE OP 2390 FEET;
THENCE S 03°16'32" W AT RIOT ANGLES TO .$A 0 LievE, A
DISTANCE O'14828 FEET TO THE TRUE POINT `OEC,NUNS;
nova S I3°58'l7"E A DISTANCE or 4650 T:
THENCE S 76°01'43" N A OI5 tANC( o1 39.5,l ET:
THENCE iv/3''5877" W A DISTANCE OF 46+:56 Mir;
THENCE N 76°0I'43'E A Q1STAN E OF 39.50 EET TO THE
TRL/E POINT OF,BEGINNING.
Silt/Ara IN KM COUNTY, wAshweroN AND CONTAIN'NI"i
APPROXIMA T'E'L Y 0.04 .ACRES. •
20091020002098.049
ATC Site#310594
Charleshe
King County,WA
THAT PORTION OF LOT 3, KING COUNTY SHORT PLAT NO.1177101,
RECORDED UNDER ROCORDING NO.7803311123, RECORDS OF KING
COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE NORTH LINE OF SAID LOT NORTH 88°56'22"WEST 50.80
FEET;
THENCE SOUTH 01'03'38" WEST 46.00 FEET TO THE TRUE POINT OF
BEGINNING;
•
THENCE CONTINUING SOUTH 01'03'38"WEST 48.00 FEET;
THEINCE NORTH 88°56'22"WEST 30.00 FEET;
THENCE NORTH 01°03'38"EAST 48.00 FEET;
THENCE SOUTH 88°56'22" EAST 30.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTINING: 1440 SQUARE FEET.
20091020002098.050
Site Number: 310447
Site Name: Seattle South/
Regan's Tow
County:King
State:WA
Legal Description of Leased Area
A certain Tract or parcel of land located in King County, Washington, and being more .
particularly described as follows:
Approximately 1,750 square feet and being a portion of the below described parcel:
Commencing at a point on the West line of Section 27, Township 23 North, Range 4 East,
WM, in King County, Washington, lying S 00°10' 11 " W, along said West line 919.09
feet from the Northwest corner of said Section 27 and run thence S 89° 59' 10" E,
2030.00 feet to the TRUE POINT OF BEGINNING;
thence continuing S 89°59'10"E, 54.90 feet;
thence S 44°19'50"E, 133.39 feet;
thence S 89°59'10"E, 43.09 feet to a point which is N 89°33'10" W, 86.91 feet from the
southwesterly margin of the Military Road;
thence S 00°01'11" W, 180.00 feet to the Northerly margin of South 164th Street;
thence N 89°59'10" W, along said northerly margin 191.24 feet to a point which bears S
00°01'11" W.from the true point of beginning;
thence N 00°01'11"E, 275.40 feet to the TRUE POINT OF BEGINNING.
20091020002098.051
ATC Site#310567
Burien/Training
King County,WA
That portion of the southwest quarter of the southwest quarter of Section 32,Township
23 North, Range 4 East, W.M., in King County,Washington described as follows:
Commencing at the southwest corner of said Section 32,the west line of said Section 32
having a bearing of N 06° 18' 49"E;
Thence N 57°38' 41"E,717.67 feet to the true point of beginning;
Thence N 01° 12' 47"E, 31.20 feet;
Thence S 84° 19' 45"W, 5.94 feet to and existing survey marker;
Thence N 03°06' 02"W, 11.22 feet to and existing survey marker;
Thence S 86°26' 13"W, 12.41 feet to the face of a building;
Thence N 05°29' 07"W, 15.95 feet along the face of said building to a building corner;
Thence S 88°56' 37"E, 22.08 feet along the face of a building to a corner;
Thence N 65°24' 39"E,25.41 feet along the face of said building;
Thence S 19°46' 27"E, 73.78 feet;
Thence N 88°38' 36"W, 50.43 feet to the true Point of Beginning_
20091020002098.052
ATC Site#310595
Elmo—Spaa
King County,WA
Beginning at the intersection of the south line of Section 3,Township 23 North,Range 4
East,Willamette Meridian,in King County,Washington,and the centerline of the Old
Seattle Tacoma Interurban Railway right-of-way;
Thence North 76°42'05" East 50.00 feet on a radial of the curve of said right-of-way to a
point on the northeasterly margin thereof; r.
Thence northwesterly on a curve to the left with a radius of 2914.93 feet a distance of
114.04 feet to an intersection with the north line of the Cedar River Pipe Line right-of-
way and the True Point of Beginning;
thence South 87°22'00" East, a distance of 168.07 feet;
thence North 02°38'00" East a distance of 20.06 feet;
thence North 68°09'46" East, a distance of 30.00 feet
thence North 21°50'14" West, a distance of 30.00 feet;
thence North 68°09'46" West, a distance of 30.00 feet;
thence South 21°50'14" East,a distance of 30.00 feet, to the Point of Beginning. •
20091020002098.053
ATC Site#310589
Burton/Redbarn
King County,WA
A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 31,TOWNSHIP 22 NORTH,RANGE 3 EAST,WILLAMETTE MERIDIAN,
LOCATED IN KING COUNTY,WASHINGTON AND BEING A PART OF THAT
PROPERTY DESCRIBED IN INSTRUMENT NO. 8503220384,RECORDS OF KING
COUNTY,WASHINGTON. SAID TRACT BEING MORE PARTICULARLY DESCRIBED •
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 31,TOWNSHIP 22 NORTH,RANGE
3 EAST,WILLAME 1-I'F MERIDIAN;
THENCE ALONG THE SOUTHERN LINE OF SAID ONE-SIXTEENTH SECTION NORTH
89°00'28"WEST, 1013.14 FEET;
THENCE NORTH 0°59'32"EAST, 106.19 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422"AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89°56'25"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 0°03'35"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 89°56'25"EAST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE SOUTH 0°03'35"EAST,45.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 2,025 SQUARE FEET MORE OR LESS.
BEARINGS BASED ON THE WASHINGTON COORDINATE SYSTEM OF 1983,NORTH
ZONE.
20091020002098.054
ATC Site#310590
Mack/Greenhouse
King County,WA
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION I,TOWNSHIP 26 NORTH,RANGE 5 EAST, W.M. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1;THENCE SOUTH
8757' 10" EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 1,643.35
FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF
SAID SUBDIVISION; THENCE NORTH 00' 38' 31" EAST ALONG THE WEST LINE OF .
SAID EAST HALF A DISTANCE OF 528.36 FEET TO THE SOUTHWEST CORNER OF
THE NORTH 6 ACRES OF SAID EAST HALF OF SAID WEST HALF;THENCE SOUTH
8815' 18" EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 23.02 FEET;
THENCE NORTH 01'44'42" EAST AT RIGHT ANGLES TO SAID SOUTH LINE A
DISTANCE OF 135.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED AREA:
THENCE NORTH Off 00'00" EAST A DISTANCE OF 35.00 FEET;
THENCE NORTH 90'00'00" EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH OCT 00'00" EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 9J 00' 00" WEST A DISTANCE OF 35.00 FEET TO THE TRUE POINT
OF BEGINNING.
20091020'002098.055
ATC Site#310599
National Glass
King County,WA
That portion of the northeast quarter of the southeast quarter of Section 9,Township 26 North,
Range 5 East,Willamette Meridian,in King County,Washington described as follows:
Beginning at the southwest corner of said subdivision;
Thence S88°28'19"E along the south line thereof a distance of 410.70 feet to a point on the
easterly margin of the Northern Pacific Railroad right-of-way,said point being the True Point
of Beginning of the herein described area;
Thence S21°03'56"W along said easterly margin a distance of 19.00 feet;
Thence N71°23'43"E a distance of 36.83 feet;
Thence S85°21'52"E a distance of 22.50 feet;
Thence S01°31'41"W a distance of 29.00 feet more or less to the south line of said subdivision;
Thence S88°28'19"W along said south line a distance of 49.75 feet to the True Point of
Beginning.
Situated in King County,Washington and containing approximately 0.04 acres.
•
20110527001443.001
Electronically Recorded
20110527001443
SIMPLIFILE ADT 38.00
After recording return to: Page 001 of 025
05/27/2011 03:00
Lender Recording Services King County,WA
33700 Lear Industrial Parkway
Avon,Ohio 44011
•
•
Assignment of Leases and Rents,Assignment of Deed of Trust,Fixture Filing and Security Agreement
ATC-78817
Grantor: American Tower Depositor Sub,LLC
Grantor: American Tower Asset Sub,LLC
Grantee: LaSalle Bank National Association
Dated: November 29,2010
Auditor Reference: 20091020002098
Legal Description: attached
Assessor Parcel
Numbers: 537980-1770-01;362104909407; 192306-9037-04;236100-0045-06;082205- •
9300-09 and 08225-9301-08;052467-9007-04; 102305-9081-09;322304-9017-
03; 132106-9063-09;259765-1010-03; 122305-9025-06 and 122305-9089-09
and 123305-9058-03;282204-9100-99; 112206-9118-015;312203-9001-04;
012605-9054-00;362305-9104-02;032304-9057-09; 132204-9193-03;092605-
9034-07;312607-9005-02
20110527001443.002
Prepared by and after
•
Jill S.Reif,Esq.
American Tower Corporation
10 Presidential Way
Woburn,Massachusetts 01801
781-926.4733
1011
ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, FIXTURE
FILING AND SECURITY AGREEMENT
.
THIS ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
FIXTURE FILING AND SECURITY AGREEMENT, (this"Assignment") is made as of May
4, 2007 by AMERICAN TOWER DEPOSITOR SUB, LLC,a Delaware limited liability
company,("Assignor") whose address is c/o American Tower Corp., 116 Huntington Avenue,
11th Floor, Boston, Massachusetts 02116,Attention: Jean A. Bua and Ed DiSanto to LaSalle
Bank National Association("Assignee")whose address is 135 S. LaSalle Street, Suite 1625,
Chicago, Illinois 60603,Attention: Global Securities and Trust Services Group—American
Tower Trust I.
Pursuant to Section 2.01(f)that certain Trust and Servicing Agreement dated as of May 4, 2007
among Assignor, The Bank of New York and Assignee and in consideration of good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Assignor
hereby assigns to Assignee all of Assignor's right,title and interests in and to that certain DEED
OF TRUST,ASSIGNMENT OF LEASES AND RENTS, FIXTURE FILING AND SECURITY
AGREEMENT dated as of May 4,2007 and UCC-1 FINANCING STATEMENT each from
American Tower Asset Sub,LLC,a Delaware limited liability company for the benefit of
Assignee,which DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS, FIXTURE
FILING AND SECURITY AGREEMENT purports to encumber American Tower Asset Sub,
LLC's interest in certain property in KING County, Washington as set forth on Exhibit A hereto
(if required)and recorded on the date hereafter noted and as(or in) and the UCC-1
FINANCING STATEMENT as(or in) , respectively.
20110527001443.003
IN WITNESS WHEREOF,this Assignment has been made as an instrument under seal as of the
day and year first above written.
Assignor:
AMERICAN TOWER DEPOSITOR
SUB, LLC, a Delaware limited liability
company
-' ...1" ..--� /\,/
By:
Name: H. Anthony Lphv
Title: Senior Vice President
20110527001443.004
NOTARY ACKNOWLEDGEMENT
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
On this the 29"'day of November 2010, before me, Amanda H. Bogen, the undersigned Notary
Public, personally appeared H. ANTHONY LEHV, proved to me through satisfactory evidence
of identity, in which he is personally known to me, to be the person whose name is signed on the
preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose,
as Senior Vice President, of AMERICAN TOWER DEPOSITOR SUB, LLC,a Delaware limited
liability company,on behalf of the limited liability company. .
)it
ere: Amanda H. Bogen
Notary Public
Commonwealth of Massachusetts
Commission Expires: 3/31/2017
•
AMANDA H.BOGEN
I Commonwealth
Public
of Massachusetts
My Commltslon Expires
I M81Oh31,2017
20110527001443.005
DESCRIPTION OF THE LEASED LAND
(King County,Washington)
The legal description for each of the following sites is attached.
Tower 310447
Tower 310460
Tower 310498
Tower 310501
Tower 310516
Tower 310531
Tower 310551 •
Tower 310567
Tower 310574
Tower 310577
Tower 310578
Tower 310580
Tower 310581
Tower 310589
Tower 310590
Tower 310594
Tower 310595
Tower 310597
Tower 310599
Tower 310600
20110527001443.006
•
Site Number: 310574
Site Name: Black Diamond 1 Palmer
County: King
State:Washington
. i
BEGINNING AT A POINT TO WHICH THE CENTER OF SECTION 13 BEARS
S89°41'49"E, 100 FEET;
THENCE S45°00'00"W,275.00 FEET;
THENCE N45°00'00"W, 275.00 FEET;
THENCE N45°00'00"E,275.00 FEET;
THENCE S45°00'00"E, 275.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.7361 ACRES, MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 6 EAST,W.M.
IN KING COUNTY, WASHINGTON.
20110527001443.007
•
Site Number: 310531
Site Name: Carnation /Talichief
County: King
State: Washington
A PORTION OF THE BELOW REFERENCED PARENT PARCEL, MORE •
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 5; THENCE SOUTH 88°15'21" EAST ALONG THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 5, A
DISTANCE OF 95.78 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 1°44'39" EAST, A DISTANCE OF 31.00 FEET;.
THENCE NORTH 88°15'21"WEST, A DISTANCE OF 18.00 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 14.00 FEET;
THENCE SOUTH 88°15'21"EAST,A DISTANCE OF 63.00 FEET;
THENCE SOUTH 1°44'39"WEST, A DISTANCE OF 45.00 FEET;
THENCE NORTH 88°15'21"WEST, A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,277 SQUARE FEET MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
GOVERNMENT LOTS 3 AND 4, AND THE SOUTH 1 HALF OF THE
NORTHWEST QUARTER, SECTION 5, TOWNSHIP 24 NORTH, RANGE 7
EAST, W.M. IN KING COUNTY, WASHINGTON.
20110527001443.008
i ,
• t'
ATC Site#310600
Grazer—Forgery
King County,WA
That portion of the West half of the Northeast quarter of the Northwest quarter of Section
31, Township 26 North, Range 7 East, Willamette Meridian, in King County,
Washington described as follows:
•
Bbginning at the Northeast corner of said Northwest quarter of said Section 31; •
Thence N 88° 18' 32"W along the North line thereof a distance of 1,285.71 feet;
Thence S 00° 00' 00" E a distance of 734.75 feet to the true point of beginning of the
herein described parcel;
Thence continuing S 00°00'00"E a distance of 45.00 feet;
Thence N 90°00' 00"E a distance of 45.00 feet;
Thence N 00°00' 00"E a distance of 45.00 feet; •
Thence S 90° 00' 00" W a distance of 45.00 feet to the true point of beginning and a
point that bears S 61°32' 00"W a distance of 1,461.90 feet from said point of beginning.
20110527001443.009
1
SITE NUMBER: 310501
SITE NAME: Enumclaw/Sprint
COUNTY: King
STATE:Washington
Commencing at the most easterly corner of Lot A of the City of Enumclaw Short Plat No. .
8402,Recording Number 8406210809,records of King County,Washington;
thence South 35°56'0l"West, along the southeasterly line of said Lot A,a distance of
11.00 feet to the True Point of Beginning;
thence North 54°03'59" West, a distance of 60.00 feet;
thence South 35°56'01"West,a distance of 40.00 feet;
thence South 54°03'59"East,a distance of 60.00 feet to said southeasterly line;
thence North 35°56'01"East,along said line,a distance of 40.00 feet to the True Point of
Beginning.
The following Parent Parcel description is for reference only. The property encumbered
is the above-stated leased premises only.
Lot A of the City of Enumclaw Short Plat No.8402,Recording Number 8406210809,
records of •
King County,Washington,being portions of Lot 4,Enumclaw, Industrial Park,according
to the
plat thereof recorded in Volume 81 of Plats,page 3,in King County,Washington. '
•
20110527001443.010
' 1
y
ATC Site#310577
Issaquah East/water Dist
King County,WA
THAT PORTION OF TRACT"A", FOREST RIM ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 116 OF PLATS, PAGES 27 THROUGH
38,INCLUSIVE, IN KING COUNTY,WASHINGTON, DESCRIBED MORE
PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT"A", SAID
CORNER BEARS NORTH 104`36'27"WEST 212.70 FEET FROM THE
SOUTHEAST CORNER OF SAID TRACT"A",THENCE SOUTH 35°58'47"
WEST ON A RANDOM LINE 75.95 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE SOUTH 01'36'OO'WEST 54.25 FEET;THENCE NORTH 88924'00"
WEST 19.50 FEET;THENCE NORTH Oi 38'00i"EAST 54.25 FEET;THENCE
SOUTH 8Bv2410O"EAST 19.50 FEET TO THE SAID TRUE POINT OF
BEGINNING.
20110527001443.011
Site Number: 310516
Site Name: Panther Lake WA
County: King
State: Washington
THAT PORTION OF LOT 2, KING COUNTY SHORT PLAT NO. 583072, AS
RECORDED UNDER RECORDING NO. 8407100790, RECORDS OF KING
COUNTY,WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
NORTH 88°49'02"WEST ALONG THE SOUTH LINE OF SAID LOT 2 A
DISTANCE OF 96.04 FEET; THENCE NORTH 01° 17'04" EAST A DISTANCE
OF 65.73 FEET; THENCE NORTH 88°42'56"WEST A DISTANCE OF 5.10
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
AREA:
THENCE NORTH 88°42'56"WEST A DISTANCE OF 50.00 FEET; THENCE
NORTH 01° 36' 08" EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH
88°42'56" EAST A DISTANCE OF 55.00 FEET; THENCE NORTH 01°17'04"
EAST A DISTANCE OF 22.00 FEET; THENCE SOUTH 88°42'56" EAST A
DISTANCE OF 16.00 FEET; THENCE SOUTH 01° 17' 04"WEST A DISTANCE
OF 17.00 FEET; THENCE SOUTH 43°49'02"WEST A DISTANCE OF 31.21
FEET TO THE SAID TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 1388 SQ. FT.
J
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS,
COVENANTS, AND RESTRICTIONS OF RECORD AND IN VIEW.
its
20110527001443.012
Site Number: 310580
Site Name: Star Lakelst. Columba's
County: King
State:Washington
A portion of the southeast quarter of the northeast quarter of the southeast
quarter of Section 28, Township 22 North, Range 4 East, described as
follows:
Commencing at the southwest comer of said subdivision;
Thence North 01°03' 34" East along the west line thereof a distance of 9.00
feet;
Thence South 87° 53'41" east a distance of 10.00 feet to a 5!8" iron rebar
with plastic cap stamped P-A-C-E PLS 33127 hereinafter referred to as
"rebar" and the true point of beginning of the herein described lease area;
Thence North 01°03' 34" East a distance of 28.00 feet to a "rebar";
Thence South 87° 53'41" East a distance of 77.00 feet to a "rebar";
•
•
Thence South 01° 03' 34"West a distance of 28.00 feet to a"rebar";
Thence North 87°53'41"West a distance of 77.00 feet to the true point of
beginning.
20110527001443.013
' •
ATC Site#310597
King Kong—Seatac Box Co
King County,WA .•
•
•
•
•
•
That portion of Lot 3, City of Kent Short Plat No. 74-1, recorded under Recording No.
7808170845,Being a portion of the North half of Section 13,Township 22 North,Range
4 East,Willamette Meridian,and more particularly described as follows:
Beginning at the Southwest corner of said Lot 3; thence S 88° 35' 05" E (S 88° 35' 19"
E, City of Kent Short Plat No. 74-1) along the South line thereof, a distance of 55.00
feet;
•
Thence N 01°24' 55"E, a distance of 50.00 feet;
Thence N 88°35' 05"W,a distance of 55.00 feet;
Thence S 01°24' 55"W,a distance of 50.00 feet to the Point of Beginning.
•
•
•
•
•
•
•
•
•
•
•
20110527001443.014
• •
• ATC Site#310581 .
Maple Valley-gerald Jolk
King County,WA
A PORTION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER,
OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 6 EAST, WILLAMETTE
MERIDIAN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY •
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, SHOWN ON SHORT
PLAT 681111, RECORDED JUNE 14, 1982 AS INSTRUMENT NUMBER
8206140543, RECORDS OF KING COUNTY, WASHINGTON, THENCE ALONG
THE WEST LINE OF SAID LOT 1, SOUTH 01'21'48"WEST 352.20 FEET; THENCE '
LEAVING SAID WEST LINE,NORTH 88'38' 12"WEST 68.00 FEET TO THE TRUE •
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 88038'12"
WEST 45.00 FEET; THENCE SOUTH 01' 21' 48" WEST 45.00 FEET; THENCE •
SOUTH 88' 38' 12" EAST 45.00 FEET, THENCE NORTH 01' 21' 48" EAST 45.00 •
FEET,TO THE SAID TRUE POINT OF BEGINNING, CONTAINING 2,025 SQUARE
FEET OF LAND MORE OR LESS.
•
•
•
•
•
20110527001443.015
•
•
•
• Site Number: 310460
Site Name: Auiburn WA 1
County: King
State: Washington
DESCRIPTION OF LEASE SITE •
THAT PORTION OF LOT 1 OF SHORT PLAT 90-02, RECORDED OCTOBER 04, 1990, UNDER
AUDITORS FILE NO. 9010049002, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT, THENCE SOUTH 00°46'14".
WEST ALONG THE EAST LINE OF SAID LOT 384.90 FEET; THENCE NORTH 89°13'46"
WEST ON A RANDOM LINE FOR 190.69 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A SPECTRASITE COMMUNICATIONS CELL SITE, SAID POINT BEING THE •
TRUE POINT OF BEGINNING;
•
THENCE NORTH 90°00'00"WEST 55.00 FEET;THENCE SOUTH 00°00'00"EAST 17.00 FEET; •
THENCE SOUTH 00°00'00"EAST 55.00 FEET;THENCE NORTH 90°00'00"WEST 17.00 FEET,
TO SAID TRUE POINT OF BEGINNING.
•
TOGETHER WITH AND SUBJECT TO EASEMENTS,COVENANTS,AND RESTRICTIONS OF
RECORD AND IN VIEW.
•
•
•
•
20110527001443.016
•
I ' )
•
. r. ,
•
•
ATC Site Number: 310498 •
ATC Site Name:Renton/WD 145th •
County:King •
State:WA
LEGAL DESCRIPTION OF LEASE AREA:
THAT PORTION OF THE WESTERLY 280 FEET OF THE
• EASTERLY 805 FEET OF THE SOUTHERLY 333 FEET OF THE
NORTHERLY 728 FEET OF THE NORTHEAST QUARTER OF
SECTION 19,TOWNSHIP 23 NORTH,RANGE 6 EAST,W.M.,KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: •
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE
DESCRIBED SUBDIVISION;
THENCE N 88°27'29" W ALONG THE SOUTHERLY LINE
THEREOF A DISTANCE OF 103.62 FEET;
THENCE N 01° 32'31"E, 10.00 FEET TO THE POINT OF •
•
BEGINNING OF THIS DESCRIBED PARCEL; •
THENCE CONTINUING N 01°32'31"E,45.00 FEET;
THENCE N 88°27'29"W PARALLEL WITH THE SOUTH LINE OF
•
SAID SUBDIVISION 45 FEET;
THENCE S 01° 32'31"W, 45 FEET TO A POINT WHICH BEARS
NORTH 88°27'29"WEST FROM THE POINT OF BEGINNING;
•
THENCE S 88°27'29" E,45 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS,
RESERVATIONS AND RESTRICTIONS OF RECORD AND IN VIEW.
20110527001443.017
Site Number. 310551
Site Name: Highland/Hazen
County: King
State:Washington
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.
MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION:
THENCE NORTH 88°39'03"WEST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 329.63 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE EAST HALF SAID SUBDIVISION; •
•
THENCE SOUTH 00°04'44"WEST ALONG THE EAST LINE OF SAID WEST
HALF OF SAID EAST HALF A DISTANCE OF 174.68 FEET;
•
THENCE NORTH 89°55'16"WEST AT RIGHT ANGLES TO SAID EAST LINE
A DISTANCE OF 61.00 FEET TO THE TRUE POINT OF BEGINNING;
•
THENCE NORTH 88°39'03"WEST A DISTANCE OF 45.00 FEET;
THENCE NORTH 00°04'44" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 88°39'03" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 00°04'44"WEST A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 0.05 ACRES.
•
20110527001443.018
ATC Site#310578
May Creek/Ziebarth
King County,WA
That portion of the Southeast Quarter of the Southwest Quarter of Section 12,Township
23 North,Range 5 East,W.M.more particularly described as follows:
•
Beginning at the Northeast corner of said subdivision;
Thence N 86 43'28"W along the North line thereof,a distance of 239.14 Feet;
•
Thence S 03'16' 32"W at right angles to said line,a distance of 142.28 Feet to the true
point of beginning;
Thence S 13'S8' 17"E a distance of 46.50 Feet;
Thence S 7601' 43"W a distance of 39.50 Feet;
Thence N 13'S8' 17"W a distance of 46.50 Feet;
Thence N 76 01'43"E a distance of 39.50 Feet to the true point of beginning.
Situated in King County,Washington and containing approximately 0.04 acres.
774 *,:,
•
'r 'r PoRt!ON or rHe sauTIfAST&AR r .tiwr
sot t/et-sI ONARTER or $EC TION# , TO,N$Mr:;4 NDR `II,..RAN6E
5 EA$ ', WI �+ if-R.A1?TICULA#L r 1 EQ A$.+�`Ost L Otl'.S.
Etr AT•..`THE::NORTHEAST CORNER OF SAS
THEA 'E N#6,43'0 4 W ALONG THE NORTH Lam' TYEREOF,
A DISTAMCE 0
T#( ' S.<O3° :• e`IW 4'T., TANGLES TO SAID L/ E. A
DISTANCE Of I4 '' B FEFT TO THE r.RWPOINT OFFBEG V l IG;
nova s/3°38/7a E"A.:.OISTANCE.O 46o0 FEET;
THENCE S T6'0I' 3.'V.4 0/S .DANCE OF 39 54.FEET.
THENCE N 13°38'IT' W A Dr/ST+ NCE` OF..4Sa6. PET;
THENCE N 76°0I'43'E A DISTANCE OF 3.9.*7 FEET•:TO THE
TRUE POINT OF BECINWING. •!.
SITU! TED l+V IOW COUNTY, WASbfW6T.ON_AND CONTAIMN1
APPROXIMAret r 0,04 ACRES.
20110527001443.019
ATC Site#310594
Charleshe
King County,WA
•
•
•
•
THAT PORTION OF LOT 3, KING COUNTY SHORT PLAT NO.1177101,
RECORDED UNDER ROCORDING NO.7803311123, RECORDS OF KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE NORTH LINE OF SAID LOT NORTH 88°56'22'WEST 50.80
FEET;
THENCE SOUTH O1°03'38" WEST 46.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01'03'38"WEST 48.00 FEET;
THEINCE NORTH 88°56'22"WEST 30.00 FEET; •
THENCE NORTH 01°03'38"EAST 48.00 FEET;
THENCE SOUTH 88°56'22" EAST 30.00 FEET TO THE TRUE POINT OF •
BEGINNING.
CONTINING: 1440 SQUARE FEET.
20110527001443.020
Site Number:310447
Site Name:Seattle South/
•
Regan's Tow
County.King
• State:WA
Legal Description of Leased Area
•
A certain Tract or parcel of land located in King County, Washington, and being more
particularly described as follows:
Approximately 1,750 square feet and being a portion of the below described parcel;
Commencing at a point on the West line of Section 27, Township 23 North,Range 4 East,
WM, in King County, Washington, lying S 00°10'11 " W, along said West line 919.09
feet from the Northwest corner of said Section 27 and run thence S 89°59' 10" E,
2030.00 feet to the TRUE POINT OF BEGINNING;
thence continuing S 89°59'10"E, 54.90 feet;
thence S 44°19'50"E, 133.39 feet;
thence S 89°59'10"E, 43.09 feet to a point which is N 89°33'10"W, 86.91 feet from the
southwesterly margin of the Military Road;
thence S 00°01'I i"W; 180.00 feet to the Northerly margin of South 164th Street;
thence N 89°59'10"/V, along said northerly margin 191.24 feet to a point which bears S
00°01'11"W,from the true point of beginning;
thenceN 00°O1'11"E, 275,40 feet to the TRUE POIN7'OF BEGINNING.
20110527001443.021
•
ATC Site#310567
Burien/Training
King County,WA
•
That portion of the southwest quarter of the southwest quarter of Section 32,Township
23 North,Range 4 East,W.M.,in King County,Washington described as follows:
Commencing at the southwest corner of said Section 32,the west line of said Section 32 •
having a bearing of N 06°18' 49"E;
Thence N 57°38' 41"E,717.67 feet to the true point of beginning;
Thence N 01°12'47"E,31.20 feet;
Thence S 84° 19'45"W, 5.94 feet to and existing survey marker;
Thence N 03°06' 02"W, 11.22 feet to and existing survey marker;
Thence S 86°26' 13"W, 12.41 feet to the face of a building;
Thence N 05°29' 07"W, 15.95 feet along the face of said building to a building corner;
Thence S 88°56' 37"E,22.08 feet along the face of a building to a corner;
Thence N 65°24' 39"E,25.41 feet along the face of said building;
Thence S 19°46' 27"E,73.78 feet;
Thence N 88°38' 36"W,50.43 feet to the true Point of Beginning.
20110527001443.022
ATC Site#310595
Elmo--Spaa
King County,WA
Beginning at the intersection of the south line of Section 3,Township 23 North,Range 4
East,Willamette Meridian,in King County,Washington,and the centerline of the Old
Seattle Tacoma Interurban Railway light-of-way;
Thence North 76°42'05"East 50.00 feet on a radial of the curve of said right-of-way to a
point on the northeasterly margin thereat
Thence northwesterly on a curve to the left with a radius of 2914.93 feet a distance of
114.04 feet to an intersection with the north line of the Cedar River Pipe Line right-of-
way and the True Point of Beginning;
thence South 87°22'00"East,a distance of 168.07 feet;
thence North 02°38'00"East a distance of 20.06 feet;
thence North 68°09'46"East,a distance of 30.00 feet
thence North 21°50'14"West,a distance of 30.00 feet;
thence North 68°09'46"West, a distance of 30.00 feet;
thence South 21°50'1 4" East,a distance of 30.00 feet, to the Point of Beginning.
20110527001443.023
.1 • • )
ATC Site#310589
Burton I Redf,arn
King County,WA
A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 31,TOWNSHIP 22 NORTH,RANGE 3 EAST,WILLAMETTE MERIDIAN,
LOCA'thu IN KING COUNTY,WASHINGTON AND BEING A PART OF THAT
PROPERTY DESCRIBED IN INSTRUMENT NO.8503220384,RECORDS OF KING
COUNTY,WASHINGTON. SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: .
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 31,TOWNSHIP 22 NORTH,RANGE
3 EAST,wiLLAmEnt MERIDIAN;
THENCE ALONG THE SOUTHERN LINE OF SAID ONE-SIXTEENTH SECTION NORTH
89°00'28"WEST, 1013.14 FEET;.
THENCE NORTH 0°59'32"EAST, 106.19 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422"AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89°56'25"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 0°03'35"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 89°56'25"EAST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE SOUTH 0°03'35"EAST,45.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 2,025 SQUARE FEET MORE OR LESS.
BEARINGS BASED ON THE WASHINGTON COORDINATE SYSTEM OF 1983,NORTH
ZONE.
20110527001443.024
•
ATC Site#310590
Mack 1 Greenhouse
King County,WA
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 1,TOWNSHIP 26 NORTH,RANGE 5 EAST,W.M.MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1;THENCE SOUTH
87 57' 10"EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 1,643.35
FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF
SAID SUBDIVISION; THENCE NORTH 00' 38' 31" EAST ALONG THE WEST LINE OF
SAID EAST HALF A DISTANCE OF 528.36 FEET TO THE SOUTHWEST CORNER OF
THE NORTH 6 ACRES OF SAID EAST HALF OF SAID WEST HALF;THENCE SOUTH
88 15' 18"EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 23.02 FEET;
THENCE NORTH 0r44'42"EAST AT RIGHT ANGLES TO SAID SOUTH LINE A
DISTANCE OF 135.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED AREA:
•
THENCE NORTH 00'00'00" EAST A DISTANCE OF 35.00 FEET;
THENCE NORTH 90'00'00"EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 00'00'00"EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 9U 00' 00" WEST A DISTANCE OF 35.00' FEET TO THE TRUE POINT
OF BEGINNING.
20110527001443.025
-
1
ATC Site#310599
National Glass
King County,WA
•
That portion of the northeast quarter of the southeast quarter of Section 9,Township 26 North,
Range 5 East,Willamette Meridian,in King County,Washington described as follows:
Beginning at the southwest corner of said subdivision;
Thence S88°28'19"E along the south line thereof a distance of 410.70 feet to a point on the
easterly margin of the Northern Pacific Railroad right-of-way,said point being the True Point •
of Beginning of the herein described area;
Thence S21°03'56"W along said easterly margin a distance of 19.00 feet;
Thence N71°23'43"E a distance of 36.83 feet;
Thence S85°21'52"E a distance of 22.50 feet;
Thence S01°31'41"W a distance of 29.00 feet more or less to the south line of said subdivision;
Thence.S88°28'19"W along said south line a distance of 49.75 feet to the True Point of •
Beginning.
Situated in King County,Washington and containing approximately 0.04 acres,
, •
20110527001444:00`1
Electronically Recorded
20110527001444
• SIMPLIFILE ASNR 86.00
After recording return to: Page 001 of 025
05/27/2011 03:00
Lender Recording Services King County,WA -
33700 Lear Industrial Parkway •
Avon,Ohio 44011
Assignment of Leases and Rents,Assignment of Deed of Trust,Fixture Filing and Security Agreement
ATC-78817
Grantor: American Tower Depositor Sub,LLC
Grantor: American Tower Asset Sub,LLC
Grantee: LaSalle Bank National Association
•
Dated: November 29,2010
Auditor Reference: 20091020002098
Legal Description: attached
Assessor Parcel
Numbers: 537980-1770-01;362104909407; 192306-9037-04;236100-0045-06;082205-
9300-09 and 08225-9301-08;052467-9007-04; 102305-9081-09;322304-9017-
03; 132106-9063-09;259765-1010-03; 122305-9025-06 and 122305-9089-09
and 123305-9058-03;282204-9100-99; 112206-9118-015; 312203-9001-04;
012605-9054-00;362305-9104-02; 032304-9057-09; 132204-9193-03;092605-
9034-07;312607-9005-02
20110527001444.002
Prepared by and after
itZevnJin&Ieieter
Jill S.Reif,Esq.
American Tower Corporation
10 Presidential Way
Woburn,Massachusetts 01801
781-926-4733
AT(. 1 E 811
ASSIGNMENT OF DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS, FIXTURE
FILING AND SECURITY AGREEMENT
•
THIS ASSIGNMENT OF DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS,
FIXTURE FILING AND SECURITY AGREEMENT,(this"Assignment") is made as of May
4,2007 by AMERICAN TOWER DEPOSITOR SUB, LLC,a Delaware limited liability
company,("Assignor")whose address is c/o American Tower Corp., 116 Huntington Avenue,
11th Floor,Boston, Massachusetts 02116,Attention: Jean A. Bua and Ed DiSanto to LaSalle
Bank National Association("Assignee")whose address is 135 S. LaSalle Street, Suite 1625,
Chicago, Illinois 60603,Attention: Global Securities and Trust Services Group—American
Tower Trust I.
.
Pursuant to Section 2.01(f)that certain Trust and Servicing Agreement dated as of May 4,2007
among Assignor,The Bank of New York and Assignee and in consideration of good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Assignor
hereby assigns to Assignee all of Assignor's right,title and interests in and to that certain DEED
OF TRUST,ASSIGNMENT OF LEASES AND RENTS,FIXTURE FILING AND SECURITY
AGREEMENT dated as of May 4,2007 and UCC-1 FINANCING STATEMENT each from
American Tower Asset Sub, LLC,a Delaware limited liability company for the benefit of
Assignee,which DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS, FIXTURE
FILING AND SECURITY AGREEMENT purports to encumber American Tower Asset Sub,
LLC's interest in certain property in KING County, Washington as set forth on Exhibit A hereto
(if required)and recorded on the date hereafter noted and as (or in) and the UCC-1
FINANCING STATEMENT as(or in),respectively.
20110527001444.003
IN WITNESS WHEREOF,this Assignment has been made as an instrument under seal as of the
day and year first above written.
Assignor:
•
AMERICAN TOWER DEPOSITOR
SUB, LLC, a Delaware limited liability
company
joditioNrie
y: / •
Name: H. Anthony by
Title: Senior Vice Pr sident
20110527001444.004
NOTARY ACKNOWLEDGEMENT
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
On this the 29th day of November 2010, before me, Amanda H. Bogen, the undersigned Notary •
Public, personally appeared H. ANTHONY LEHV, proved to me through satisfactory evidence
of identity, in which he is personally known to me, to be the person whose name is signed on the
preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose,
as Senior Vice President, of AMERICAN TOWER DEPOSITOR SUB,LLC, a Delaware limited
liability company,on behalf of the limited liability company.
)1 --46/p /
ame: Amanda H. Bogen
Notary Public
Commonwealth of Massachusetts
Commission Expires: 3/31/2017
& AMANDA H.BOGEN
.1060 Notary ws Public
com minior Massachusetts
My Commission Expires
Matdi31.2017
a
20110527001444.005
DESCRIPTION OF THE LEASED LAND
(King County,Washington)
The legal description for each of the following sites is attached.
Tower 310447
Tower 310460
Tower 310498
Tower 310501
Tower 310516 0
•
Tower 310531
•
Tower 310551 •
•
Tower 310567
Tower 310574
Tower 310577
Tower 310578
Tower 310580
•
Tower 310581 •
•
Tower 310589
Tower 310590
Tower 310594
Tower 310595
Tower 310597
Tower 310599
Tower 310600
20110527001444.006
Site Number: 310574
Site Name: Black Diamond!Palmer
County: King •
State:Washington
•
BEGINNING AT A POINT TO WHICH THE CENTER OF SECTION 13 BEARS
S89°41'49"E, 100 FEET;
THENCE S45°00'00"W,275.00 FEET;
THENCE N45°00'00"W, 275.00 FEET;
THENCE N45°00'00"E,275.00 FEET;
THENCE S45°00'00"E, 275.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.7361 ACRES, MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13,TOWNSHIP 21 NORTH, RANGE 6 EAST,W.M.
IN KING COUNTY,WASHINGTON.
20110527001444.007
Site Number: 310531
Site Name: Carnation/Talichief
County: King
State: Washington
•
•
A PORTION OF THE BELOW REFERENCED PARENT PARCEL, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 5; THENCE SOUTH 88°15'21" EAST ALONG THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 5,A
DISTANCE OF 95.78 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 1°44'39"EAST, A DISTANCE OF 31.00 FEET;
THENCE NORTH 88°15'21"WEST,A DISTANCE OF 18.00 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 14.00 FEET;
THENCE SOUTH 88°15'21"EAST, A DISTANCE OF 63.00 FEET;
THENCE SOUTH 1°44'39"WEST, A DISTANCE OF 45.00 FEET;
THENCE NORTH 88°15'21"WEST,A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,277 SQUARE FEET MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
GOVERNMENT LOTS 3 AND 4, AND THE SOUTH 1 HALF OF THE
NORTHWEST QUARTER, SECTION 5,TOWNSHIP 24 NORTH, RANGE 7
EAST,W.M. IN KING COUNTY,WASHINGTON.
20110527001444.008
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ATC Site#310600
Grazer—Forgery
King County,WA
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That portion of the West half of the Northeast quarter of the Northwest quarter of Section
31, Township 26 North, Range 7 East, Willamette Meridian, in King County,
Washington described as follows:
Beginning at the Northeast corner of said Northwest quarter of said Section 31;
Thence N 88° 18' 32"W along the North line thereof a distance of 1,285.71 feet;
Thence S 00° 00' 00" E a distance of 734.75 feet to the true point of beginning of the
herein described parcel;
•
Thence continuing S 00°00' 00"E a distance of 45.00 feet;
•
•
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Thence N 90°00' 00"E a distance of 45.00 feet;
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Thence N 00°00' 00"E a distance of 45.00 feet; •
Thence S 90° 00' 00" W a distance of 45.00 feet to the true point of beginning and a
point that bears S 61°32' 00"W a distance of 1,461.90 feet from said point of beginning.
20110527001444.009
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SITE NUMBER: 310501 .
SITE NAME: Enumclaw/Sprint
COUNTY: King
STATE:Washington
Commencing at the most easterly corner of Lot A of the City of Enumclaw Short Plat No. •
•
8402,Recording Number 8406210809,records of King County,Washington;
thence South 35°56'Ol" West, along the southeasterly line of said Lot A,a distance of
11.00 feet to the True Point of Beginning;
thence North 54°03'59" West, a distance of 60.00 feet;
thence South 35°56'Ol"West, a distance of 40.00 feet; .
thence South 54°03'59"East,a distance of 60.00 feet to said southeasterly line;
thence North 35°56'O1"East,along said line,a distance of f 40.00 feet to the True Point of
Beginning.
The following Parent Parcel description is for reference only. The property encumbered
•
is the above-stated leased premises only.
Lot A of the City of Enumclaw Short Plat No. 8402,Recording Number 8406210809, .
records of •
King County,Washington,being portions of Lot 4,Enumclaw,industrial Park, according
to the
plat thereof recorded in Volume 81 of Plats,page 3,in King County, Washington.
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20110527001444.010
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ATC Site#310577
Issaquah East/water i)istr
King County,WA
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THAT PORTION OF TRACT"A", FOREST RIM ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 116 OF PLATS, PAGES 27 THROUGH
38,INCLUSIVE,IN KING COUNTY,WASHINGTON, DESCRIBED MORE
PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT"A", SAID
CORNER BEARS NORTH 10°36 27"WEST 212.70 FEET FROM THE
SOUTHEAST CORNER OF SAID TRACT". 1",THENCE SOUTH 35766'47„
WEST ON A RANDOM LINE 75.95 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE SOUTH 01436'O0"WEST 54.25 FEET;THENCE NORTH 86724'00"
WEST 19,50 FEET;THENCE NORTH 0i*36100"EAST 54.25 FEET;THENCE
SOUTH 88'24'01I"EAST 19.50 FEET TO THE SAID TRUE POINT OF
BEGINNING.
20110527001444.011
Site Number: 310516
Site Name: Panther Lake WA
County: King
State: Washington
•
THAT PORTION OF LOT 2, KING COUNTY SHORT PLAT NO. 583072, AS •
RECORDED UNDER RECORDING NO. 8407100790, RECORDS OF KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
NORTH 88°49' 02"WEST ALONG THE SOUTH LINE OF SAID LOT 2 A
DISTANCE OF 96.04 FEET; THENCE NORTH 01° 17'04" EAST A DISTANCE
OF 65.73 FEET; THENCE NORTH 88°42'56"WEST A DISTANCE OF 5.10
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
AREA:
THENCE NORTH 88°42' 56"WEST A DISTANCE OF 50.00 FEET; THENCE
NORTH 01° 36' 08" EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH
88°42'56" EAST A DISTANCE OF 55.00 FEET; THENCE NORTH 01° 17'04"
EAST A DISTANCE OF 22.00 FEET; THENCE SOUTH 88°42'56" EAST A
DISTANCE OF 16.00 FEET; THENCE SOUTH 01° 17' 04"WEST A DISTANCE
OF 17.00 FEET; THENCE SOUTH 43°49' 02"WEST A DISTANCE OF 31.21
FEET TO THE SAID TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 1388 SQ. FT.
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS,
COVENANTS, AND RESTRICTIONS OF RECORD AND IN VIEW.
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20110527001444.012
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Site Number 310580
Site Name: Star Lake/st Columba's
County: King
State: Washington
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A portion of the southeast quarter of the northeast quarter of the southeast
quarter of Section 28, Township 22 North, Range 4 East, described as
follows:
Commencing at the southwest corner of said subdivision;•
Thence North 01°03' 34" East along the west line thereof a distance of 9.00
feet;
Thence South 87°53'41" east a distance of 10.00 feet to a 5/8" iron rebar
with plastic cap stamped P-A-C-E PLS 33127 hereinafter referred to as
"rebar" and the true point of beginning of the herein described lease area;
Thence North 01°03' 34" East a distance of 28.00 feet to a "rebar";
•
Thence South 87° 53'41" East a distance of 77.00 feet to a "rebar";
• Thence South 01°03' 34"West a distance of 28.00 feet to a"rebar";
Thence North 87°53'41" West a distance of 77.00 feet to the true point of
beginning.
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20110527001444.013
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ATC Site#310597
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King Kong—Seatac Box Co •
King County,WA .•
.
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That portion of Lot 3, City of Kent Short Plat No. 74-1,recorded under Recording No.
7808170845, Being a portion of the North half of Section 13, Township 22 North,Range
4 East,Willamette Meridian,and more particularly described as follows:
Beginning at the Southwest comer of said Lot 3; thence S 88° 35' 05" E (S 88° 35' 19"
E, City of Kent Short Plat No. 74-1) along the South line thereof, a distance of 55.00
feet;
Thence N 01°24' 55"E, a distance of 50.00 feet;
Thence N 88°35' 05"W,a distance of 55.00 feet; .
Thence S 01°24' 55"W,a distance of 50.00 feet to the Point of Beginning.
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20110527001444.014
ATC Site#310581 •
Maple Valley gerald Jolk
King County,WA
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A PORTION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, .
OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 6 EAST, WILLAMETTE
MERIDIAN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, SHOWN ON SHORT
PLAT 681111, RECORDED JUNE 14, 1982 AS INSTRUMENT NUMBER
8206140543, RECORDS OF KING COUNTY, WASHINGTON, THENCE ALONG
THE WEST LINE OF SAID LOT 1, SOUTH 01'21'48"WEST 352.20 FEET;THENCE '
LEAVING SAID WEST LINE,NORTH 88'38' 12"WEST 68.00 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 88038'12"
WEST 45.00 FEET; THENCE SOUTH 01' 21' 48" WEST 45.00 FEET; THENCE .
SOUTH 88' 38' 12" EAST 45.00 FEET, THENCE NORTH 01' 21' 48" EAST 45.00
FEET,TO THE SAID TRUE POINT OF BEGINNING,CONTAINING 2,025 SQUARE
FEET OF LAND MORE OR LESS.
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20110527001444.015
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Site Number: 310460
Site Name: Auburn WA 1
County: King
State: Washington
DESCRIPTION OF LEASE SITE
THAT PORTION OF LOT 1 OF SHORT PLAT 90-02, RECORDED OCTOBER 04, 1990, UNDER
AUDFTORS FILE NO. 9010049002, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS;
•
•
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT, THENCE SOUTH 00°46'14".
WEST ALONG THE EAST LINE OF SAID LOT 384.90 FEET; THENCE NORTH 89°13'46"
WEST ON A RANDOM LINE FOR 190.69 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A SPECTRASITE COMMUNICATIONS CELL SITE, SAID POINT BEING THE
TRUE POINT OF BEGINNING; •
•
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THENCE NORTH 90°00'00"WEST 55.00 FEET;THENCE SOUTH 00°00'00"EAST 17.00 FEET;
THENCE SOUTH 00°00'00"EAST 55.00 FEET;THENCE NORTH 90°00'00"WEST 17.00 FEET,
TO SAID TRUE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS,COVENANTS,AND RESTRICTIONS OF
RECORD AND IN VIEW. .
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20110527001444.016
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ATC Site Number:310498
ATC Site Name:Renton/WD 1451
County:King
State:WA
LEGAL DESCRIPTION OF LEASE AREA:
•
THAT PORTION OF THE WESTERLY 280 FEET OF THE •
EASTERLY 805 FEET OF THE SOUTHERLY 333 FEET OF THE
NORTHERLY 728 FEET OF THE NORTHEAST QUARTER OF
SECTION 19,TOWNSHIP 23 NORTH,RANGE 6 EAST,W..M.,KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
•
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE •
DESCRIBED SUBDIVISION;
THENCE N 88°27'29"W ALONG THE SOUTHERLY LINE
THEREOF A DISTANCE OF 103.62 FEET;
THENCE N 01°32'31"E, 10.00 FEET TO THE POINT OF •
•
•
BEGINNING OF THIS DESCRIBED PARCEL; •
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THENCE CONTINUING N 01°32'31"E,45.00 FEET; •
THENCE N 88°27'29"W PARALLEL WITH THE SOUTH LINE OF ' •
•
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SAID SUBDIVISION 45 FEET;
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THENCE S 01°32'31"W,45 FEET TO A POINT WHICH BEARS
NORTH 88°27'29"WEST FROM THE POINT OF BEGINNING;
THENCE S 88°27'29"E,45 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS,COVENANTS,
RESERVATIONS AND RESTRICTIONS OF RECORD AND IN VIEW. •
20110527001444.017
g
Site Number: 310551
Site Name: Highland/Hazen
County: King
State:Washington
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. •
MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION:
THENCE NORTH 88°39'03"WEST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 329.63 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE EAST HALF SAID SUBDIVISION;
THENCE SOUTH 00°04'44"WEST ALONG THE EAST LINE OF SAID WEST
HALF OF SAID EAST HALF A DISTANCE OF 174.68 FEET; •
THENCE NORTH 89°55'16"WEST AT RIGHT ANGLES TO SAID EAST LINE
A DISTANCE OF 61.00 FEET TO THE TRUE POINT OF BEGINNING;
•
THENCE NORTH 88°39'03"WEST A DISTANCE OF 45.00 FEET;
THENCE NORTH 00°04'44" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 88°39'03" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 00°04'44"WEST A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
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SITUATED IN KING COUNTY,WASHINGTON AND CONTAINING
APPROXIMATELY 0.05 ACRES.
•
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20110527001444.018
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ATC Site#310578
gi May Creek/Ziebarth
King County,WA
That portion of the.Southeast Quarter of the Southwest Quarter of Section 12,Township
23 North,Range 5 East,W.M,more particularly described as follows:
Beginning at the Northeast corner of said subdivision;
Thence N 8643'28"W along the North line thereof,a distance of 239.14 Feet;
Thence S 03'16'32"W at right angles to said line,a distance of 142.28 Feet to the true
point of beginning;
j; Thence S 13'58' 17"E a distance of 46.50 Feet;
Thence S 7601'43"W a distance of 39.50 Feet;
Thence N 13'58' 17"W a distance of 46.50 Feet;
Thence N 7601'43"E a distance of 39.50 Feet to the true point of beginning.
Situated in King County,Washington and containing approximately 0.04 acres.
TWAT PORTION OF THE SOUTHEAST 0114RT 'R i ..too ':
St ►r r ;sr Q(44RTER OF SECTIOIE, TOwNSIOWNOR M.-.4AINSE
5 fAST W ►i4 RE.PART/CU�,A f. rYOEXAY EU 4S t F 11'S:
BEaVoy1010 A T•.THE NOR1/EA ST CORNER OF SAV
TNEIMCE N$6 '43' '19'W ONO THE NORTH 1..11W TEIEREOF,
A DISTANCE 91,.�4; T::. . .
TIENCE` ..:Q3°/ '32".W 4'T.,1 1T 4NCLES �i O SAID L A E; A
DISTANCE of/42 28 FEET TO tHE TRIE.POINT OF-8EMINHNG:
meter $/3°88,T'E"kQISTANCE.:OF 4600 FEET:
TNEII E $ 76°01'43'W,.A OIST NG'E 0 '. 4 0,..FET:
THENCE N 13°58`I7" i A ofS r4NCE t F;4 . `a .,!.'ET.
THENCE N 76°O/'43'E A D!S TANCS A�' 39:4? FEET..TO THE
TRUE PDXYT OP 8EommiC
SITUATED M KING COUNT r. ✓WAS F ,
I TtW AND CON
APPROXIM4 T'EL Y 0.04 ACRES.
20110527001444.019
ATC Site#310594
Charleshe
King County,WA •
•
• THAT PORTION OF LOT 3, KING COUNTY SHORT PLAT NO.1177101,
RECORDED UNDER ROCORDING NO.7803311123, RECORDS OF KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
•
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE NORTH LINE OF SAID LOT NORTH 88°56'22"WEST 50.80
FEET;
THENCE SOUTH 01°03'38" WEST 46.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01'03'38"WEST 48.00 FEET; •
THEINCE NORTH 88°56'22"WEST 30.00 FEET; •
THENCE NORTH 01°03'38"EAST 48.00 FEET;
THENCE SOUTH 88°56'22" EAST 30.00 FEET TO THE TRUE POINT OF •
BEGINNING.
CONTINING: 1440 SQUARE FEET.
20110527001444.020
Site Number:310447
Site Name:Seattle South/
Regan's Tow
County:King
State:WA
Legal Description of Leased Area
•
A certain Tract or parcel of land located in King County, Washington, and being more
particularly described as follows:
Approximately 1,750 square feet and being a portion of the below described parcel:
Commencing at a point on the West line of Section 27, Township 23 North,Range 4 East,
W114 in King County, Washington, lying S 00°10'11 " W along said West line 919.09
feet from the Northwest corner of said Section 27 and run thence S 89°59' 10" E,
2030.00 feet to the TRUE POINT OF BEGINNING;
thence continuing S 89°59'10"E,54.90 feet;
thence S 44°19'S0"E, 133.39 feet;
thence S 89°59'10"E, 43.09 feet to a point which is N 89°33'10"W, 86.91 feet from the
southwesterly margin of the Military Road;
thence S 00°01'11"W, 180.00 feet to the Northerly margin of South 164th Street;
thence N 89°59'10"W, along said northerly margin 191.24 feet to a point which bears S
00 001'11"W,from the true point of beginning;
-thence N 00°01'11"E, 275.40 feet to the TRUE POINT OF BEGINNING.
20110527001444.021
•
ATC Site#310567
Burien/Training
. King County,WA
•
That portion of the southwest quarter of the southwest quarter of Section 32,Township
23 North,Range 4 East,W.M.,in King County,Washington described as follows:
Commencing at the southwest corner of said Section 32,the west line of said Section 32
having a bearing of N 06°18'49"E;
•
Thence N 57°38'41"E,717.67 feet to the true point of beginning;
Thence N 01° 12'47"E,31.20 feet;
Thence S 84° 19'45"W,5.94 feet to and existing survey marker;
Thence N 03°06' 02"W, 11.22 feet to and existing survey marker;
Thence S 86°26' 13"W, 12.41 feet to the face of a building;
Thence N 05°29' 07"W, 15.95 feet along the face of said building to a building corner;
Thence S 88°56' 37"E,22.08 feet along the face of a building to a corner;
Thence N 65°24' 39"E,25.41 feet along the face of said building;
Thence S 19°46' 27"E,73.78 feet;
Thence N 88°38'36"W, 50.43 feet to the true Point of Beginning.
20110527001444.022
d , •
ATC Site#310595
Ehno--Spaa
King County,WA
Beginning at the intersection of the south line of Section 3,Township 23 North,Range 4
East,Willamette Meridian,in King County,Washington,and the centerline of the Old .
Seattle Tacoma Interurban Railway right-of-way; •
Thence North 76°42'05"East 50.00 feet on a radial of the curve of said right-of-way to a
point on the northeasterly margin thereof;
Thence northwesterly on a curve to the left with a radius of 2914.93 feet a distance of
114.04 feet to an intersection with the north line of the Cedar River Pipe Line right-of-
way and the True Point of Beginning;
thence South 87°22'00"East,a distance of 168.07 feet; •
thence North 02°38'00"East a distance of 20.06 feet; •
thence North 68°09'46"East,a distance of 30.00 feet
thence North 2l°50'14" West,a distance of 30.00 feet;
thence North 68°09'46"West,a distance of 30.00 feet;
thence South 21°50'14" Fast,a distance of 30.00 feet,to the Point of Beginning.
•
20110527001444.023
ATC Site#310589 r•
Burton/Redbam
King County,WA
A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUAR 1'EK OF
SECTION 31,TOWNSHIP 22 NORTH,RANGE 3 EAST,WILLAMETTE MERIDIAN,
LOCATED IN KING COUNTY,WASHINGTON AND BEING A PART OF THAT
PROPERTY DESCRIBED IN INSTRUMENT NO.8503220384,RECORDS OF KING
COUNTY,WASHINGTON. SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
•
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 31,TOWNSHIP 22 NORTH,RANGE
3 EAST,WILLAMETTE MERIDIAN;
THENCE ALONG THE SOUTHERN LINE OF SAID ONE-SIXTEENTH SECTION NORTH
89°00'28"WEST, 1013.14 FEET;
THENCE NORTH 0°59'32"EAST, 106.19 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG 3NC,PELS 6422"AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89°56'25"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 0°03'35"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 89°56'25"EAST,45.00 FEET TO A 1/2 INCH IRON ROD WMTI-I
YELLOW PLASTIC CAP STAMPED"WOG INC,PELS 6422";
THENCE SOUTH 0°03'35"EAST,45.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 2,025 SQUARE FEET MORE OR LESS.
BEARINGS BASED ON THE WASHINGTON COORDINATE SYSTEM OF 1983,NORTH
ZONE.
20110527001444.024
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ATC Site#310590
Mack/Greenhouse
King County,WA
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 1,TOWNSHIP 26 NORTH,RANGE 5 EAST,W M.MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1;THENCE SOUTH
87 57' 10"EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 1,643.35
FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF
SAID SUBDIVISION; THENCE NORTH 00' 38' 31" EAST ALONG THE WEST LINE OF
SAID EAST HALF A DISTANCE OF 528.36 FEET TO THE SOUTHWEST CORNER OF
THE NORTH 6 ACRES OF SAID EAST HALF OF SAID WEST HALF;THENCE SOUTH
88'15' 18"EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 23.02 FEET;
THENCE NORTH 0r44'42"EAST AT RIGHT ANGLES TO SAID SOUTH LINE A
DISTANCE OF 135.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED AREA:
THENCE NORTH 00'00'00"EAST A DISTANCE OF 35.00 FEET;
THENCE NORTH 90'00'00"EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 00r 00'00"EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 90'00' 00" WEST A DISTANCE OF 35.00 FEET TO THE TRUE POINT
OF BEGINNING.
20110527001444.025
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ATC Site#310599
National Glass
King County,WA
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That portion of the northeast quarter of the southeast quarter of Section 9,Township 26 North,
Range 5 East,Willamette Meridian,in King County,Washington described as follows:
Beginning at the southwest corner of said subdivision;
Thence S88°28'19"E along the south line thereof a distance of 410.70 feet to a point on the ,
easterly margin of the Northern Pacific Railroad right-of-way,said point being the True Point
of Beginning of the herein described area;
Thence S21°03'56"W along said easterly margin a distance of 19.00 feet;
Thence N71°23'43"E a distance of36.83 feet; •
Thence S85°21'52"E a distance of 22.50 feet;
Thence SOI°31'41"W a distance of 29.00 feet more or less to the south line of said subdivision;
Thence.S88°28'l 9"W along said south line a distance of 49.75 feet to the True Point of
Beginning.
Situated in King County,Washington and containing approximately 0.04 acres.
20110527001445.001
Electronically Recorded
20110527001445
SIMPLIFILE UCCA 86.00
After recording return to: Page 001 of 025
05/27/2011 03:00 •
Lender Recording Services King County,WA
33700 Lear Industrial Parkway
Avon,Ohio 44011
Assignment of Leases and Rents,Assignment of Deed of Trust,Fixture Filing and Security Agreement
ATC-78817
Grantor: American Tower Depositor Sub,LLC
Grantor: American Tower Asset Sub,LLC
Grantee: LaSalle Bank National Association
Dated: November 29,2010
Auditor Reference: 20091020002098
Legal Description: attached
Assessor Parcel
Numbers: 537980-1770-01;362104909407; 192306-9037-04;236100-0045-06;082205-
9300-09 and 08225-9301-08; 052467-9007-04; 102305-9081-09;322304-9017-
03; 132106-9063-09;259765-1010-03; 122305-9025-06 and 122305-9089-09
and 123305-9058-03;282204-9100-99; 112206-9118-015; 3 1 2203-900 1-04;
012605-9054-00;362305-9104-02;032304-9057-09; 132204-9193-03; 092605-
9034-07;312607-9005-02
20110527001445.002
Prepar6d by and after
ReCZ11UA11�]
Jill S.Reif,Esq.
American Tower Corporation
10 Presidential Way
Woburn,Massachusetts 01801
781-926-4733
A lt 188 /1
ASSIGNMENT OF DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS, FIXTURE
FILING AND SECURITY AGREEMENT •
•
THIS ASSIGNMENT OF DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS,
FIXTURE FILING AND SECURITY AGREEMENT,(this"Assignment")is made as of May
4,2007 by AMERICAN TOWER DEPOSITOR SUB,LLC,a Delaware limited liability
company,("Assignor")whose address is do American Tower Corp., 116 Huntington Avenue,
11`h Floor,Boston, Massachusetts 02116,Attention: Jean A. Bua and Ed DiSanto to LaSalle
Bank National Association("Assignee")whose address is 135 S. LaSalle Street, Suite 1625,
Chicago,Illinois 60603,Attention: Global Securities and Trust Services Group—American
Tower Trust I.
Pursuant to Section 2.01(f)that certain Trust and Servicing Agreement dated as of May 4, 2007
among Assignor,The Bank of New York and Assignee and in consideration of good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Assignor
hereby assigns to Assignee all of Assignor's right,title and interests in and to that certain DEED
OF TRUST,ASSIGNMENT OF LEASES AND RENTS,FIXTURE FILING AND SECURITY
AGREEMENT dated as of May 4,2007 and UCC-1 FINANCING STATEMENT each from
American Tower Asset Sub,LLC,a Delaware limited liability company for the benefit of
Assignee,which DEED OF TRUST,ASSIGNMENT OF LEASES AND RENTS, FIXTURE
FILING AND SECURITY AGREEMENT purports to encumber American Tower Asset Sub,
LLC's interest in certain property in KING County, Washington as set forth on Exhibit A hereto
(if required)and recorded on the date hereafter noted and as(or in) and the UCC-1
FINANCING STATEMENT as(or in),respectively.
20110527001445.003
IN WITNESS WHEREOF,this Assignment has been made as an instrument under seal as of the
day and year first above written.
Assignor:
AMERICAN TOWER DEPOSITOR
SUB, LLC, a Delaware limited liability
company
y:
Name: H. Anthony by
Title: Senior Vice Pr sident
20110527001445.004
.
NOTARY ACKNOWLEDGEMENT
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
On this the 29th day of November 2010, before me, Amanda H. Bogen, the undersigned Notary '
Public, personally appeared H. ANTHONY LEHV, proved to me through satisfactory evidence
of identity, in which he is personally known to me, to be the person whose name is signed on the
preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose,
as Senior Vice President, of AMERICAN TOWER DEPOSITOR SUB, LLC, a Delaware limited
liability company,on behalf of the limited liability company.
y -46/I.__
ame: Amanda H. Bogen
Notary Public , .
Commonwealth of Massachusetts
Commission Expires: 3/3 1/2017
AMANDA H.BOGEN
MauryVt.
a Massachusetts
.chusetts
My Commission Expo
Match 31.2017
a
20110527001445.005
•
DESCRIPTION OF THE LEASED LAND
(King County,Washington)
The legal description for each of the following sites is attached.
Tower 310447
Tower 310460
Tower 310498
Tower.310501
Tower 310516
Tower 310531
Tower 310551 •
Tower 310567
Tower 310574
Tower 310577
Tower 310578 •
Tower 310580
Tower 310581
Tower 310589
Tower 310590
Tower 310594
Tower 310595
'rower 310597
Tower 310599
Tower 310600 •
20110527001445.006
•
•
Site Number: 310574
Site Name: Black Diamond/Palmer •
County: King
State:Washington
•
BEGINNING AT A POINT TO WHICH THE CENTER OF SECTION 13 BEARS
S89°41'49"E, 100 FEET;
•
THENCE S45°00'00"W,275.00 FEET;
THENCE N45°00'00"W, 275.00 FEET; •
THENCE N45°0O'00"E,275.00 FEET;
•
THENCE S45°00'00"E, 275.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.7361 ACRES, MORE OR LESS.
The following Parent Parcel description Is for reference only.
The property encumbered is the above-stated leased premises
only.
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13,TOWNSHIP 21 NORTH, RANGE 6 EAST,W.M.
IN KING COUNTY,WASHINGTON,
20110527001445.007
• + r.
Site Number: 310531
Site Name: Carnation/Tallchief
County: King
State: Washington
A PORTION OF THE BELOW REFERENCED PARENT PARCEL, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 5; THENCE SOUTH 88°15'21" EAST ALONG THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 5,A
DISTANCE OF 95.78 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 1°44'39"EAST, A DISTANCE OF 31.00 FEET;
THENCE NORTH 88°15'21"WEST,A DISTANCE OF 18.00 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 14.00 FEET;
THENCE SOUTH 88°15'21"EAST, A DISTANCE OF 63.00 FEET;
THENCE SOUTH 1°44'39"WEST, A DISTANCE OF 45.00 FEET;
THENCE NORTH 88°15'21"WEST,A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,277 SQUARE FEET MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
GOVERNMENT LOTS 3 AND 4, AND THE SOUTH 1 HALF OF THE
NORTHWEST QUARTER, SECTION 5,TOWNSHIP 24 NORTH, RANGE 7
EAST,W.M. IN KING COUNTY,WASHINGTON.
20110527001445.008
• r� 1
'
ATC Site#310600 •
Grazer--Forgery
King County,WA .;
• a
That portion of the West half of the Northeast quarter of the Northwest quarter of Section •
31, Township 26 North, Range 7 East, Willamette Meridian, in King County,
Washington described as follows:
Beginning at the Northeast corner of said Northwest quarter of said Section 31;
Thence N 88° 18' 32"W along the North line thereof a distance of 1,285.71 feet;
Thence S 00° 00' 00" E a distance of 734.75 feet to the true point of beginning of the
herein described parcel;
Thence continuing S 00°00' 00"E a distance of 45.00 feet;
•
•
Thence N 90°00' 00"E a distance of 45.00 feet;
•
Thence N 00°00' 00"E a distance of 45.00 feet;
Thence S 90° 00' 00" W a distance of 45.00 feet to the true point of beginning and a
point that bears S 61°32' 00"W a distance of 1,461.90 feet from said point of beginning.
20110527001445.009
.i
1
SITE NUMBER: 310501
SITE NAME: Enumclaw/Sprint
COUNTY: King
STATE:Washington
Commencing at the most easterly corner of Lot A of the City of Enumclaw Short Plat No. • •
8402,Recording Number 8406210809,records of King County,Washington;
thence South 35°56'01"West, along the southeasterly line of said Lot A,a distance of
11.00 feet to the True Point of Beginning;
thence North 54°03'59"West, a distance of 60.00 feet;
thence South 35°56'Ol"West, a distance of 40.00 feet;
thence South 54°03'59"East,a distance of 60.00 feet to said southeasterly line;
thence North 35°56'01"East,along said line,a distance of f 40,00 feet to the True Point of
Beginning.
The following Parent Parcel description is for reference only. The property encumbered
is the above-stated leased premises only. .
Lot A of the City of Enumclaw Short Nat No.8402,Recording Number 8406210809,
records of •
King County,Washington,being portions of Lot 4,Enumclaw,Industrial Park,according
to the
plat thereof recorded in Volume 81 of Plats,page 3,in King County, Washington.
•
•
•
20110527001445.010
ATC Site#310577
• Issaquah East/water Y)istr
King County,WA
THAT PORTION OF TRACT"A", FOREST RIM ACCORDING TO THE PLAT •
THEREOF, RECORDED IN VOLUME 118 OF PLATS, PAGES 27 THROUGH
38,INCLUSIVE,IN KING COUNTY,WASHINGTON, DESCRIBED MORE •
PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT "A", SAID
CORNER BEARS NORTH 10938'27"WEST 212.70 FEET FROM THE
SOUTHEAST CORNER OF SAID TRACT"A",THENCE SOUTH 35766'47"
WEST ON A RANDOM LINE 75.05 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE SOUTH 01636'O0"WEST 54.25 FEET;THENCE NORTH 86"24'00"
WEST 19.50 FEET;THENCE NORTH 01'36'00"EAST 54.25 FEET;THENCE
SOUTH 724'00"EAST 19.50 FEET TO THE SAID TRUE POINT OF
BEGINNING.
20110527001445.011
Site Number: 310516
Site Name: Panther Lake WA
County: King
State: Washington
•
THAT PORTION OF LOT 2, KING COUNTY SHORT PLAT NO. 583072, AS
RECORDED UNDER RECORDING NO. 8407100790, RECORDS OF KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
NORTH 88°49' 02"WEST ALONG THE SOUTH LINE OF SAID LOT 2 A
DISTANCE OF 96.04 FEET; THENCE NORTH 01° 17'04" EAST A DISTANCE
OF 65.73 FEET; THENCE NORTH 88°42'56"WEST A DISTANCE OF 5.10
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
AREA:
THENCE NORTH 88°42'56"WEST A DISTANCE OF 50.00 FEET; THENCE
NORTH 01° 36' 08" EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH
88°42'56" EAST A DISTANCE OF 55.00 FEET; THENCE NORTH 01° 17'04"
EAST A DISTANCE OF 22.00 FEET; THENCE SOUTH 88°42'56" EAST A
DISTANCE OF 16.00 FEET; THENCE SOUTH 01° 17' 04"WEST A DISTANCE
OF 17.00 FEET; THENCE SOUTH 43°49'02"WEST A DISTANCE OF 31.21
FEET TO THE SAID TRUE POINT OF BEGINNING,
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 1388 SQ. FT.
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS,
COVENANTS,AND RESTRICTIONS OF RECORD AND IN VIEW.
fi
FY
1
20110527001445.012
•
Site Number 310580
Site Name: Star Lake/st. Columba's
County: King
State: Washington
•
A portion of the southeast quarter of the northeast quarter of the southeast
quarter of Section 28, Township 22 North, Range 4 East, described as
follows:
Commencing at the southwest corner of said subdivision;
Thence North 01°.03' 34" East along the west line thereof a distance of 9.00
feet;
Thence South 87°53'41" east a distance of 10.00 feet to a 5/8" iron rebar
with plastic cap stamped P-A-C-E PLS 33127 hereinafter referred to as
"rebar" and the true point of beginning of the herein described lease area;
Thence North 01°03'34" East a distance of 28.00 feet to a "rebar";
Thence South 87° 53'41" East a distance of 77.00 feet to a "rebar";
•
• Thence South 01°03' 34"West a distance of 28.00 feet to a"rebar"; . ,
Thence North 87°53'41"West a distance of 77.00 feet to the true point of
beginning.
•
1
20110527001445.013
•
•
•
ATC Site#310597
King Kong—Seatac Box Co •
King County,WA •
•
•
•
•
That portion of Lot 3, City of Kent Short Plat No. 74-1,recorded under Recording No.
7808170845, Being a portion of the North half of Section 13,Township 22 North,Range
4 East,Willamette Meridian,and more particularly described as follows;
Beginning at the Southwest corner of said Lot 3; thence S 88° 35' 05" E (S 88° 35' 19"
E, City of Kent Short Plat No. 74-1) along the South line thereof, a distance of 55.00
feet;
Thence N 01°24' 55"E,a distance of 50.00 feet;
Thence N 88°35' 05"W,a distance of 55.00 feet;
•
Thence S 01°24' 55"W,a distance of 50.00 feet to the Point of Beginning.
•
•
•
•
•
•
•
•
•
•
•
•
•
20110527001445.014
%
ATC Site#310581 •
Maple Va11ey gerald Jolk
King County,WA
•
A PORTION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER,
OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 6 EAST, WILLAMETTE - e
`
MERIDIAN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, SHOWN ON SHORT
PLAT 681111, RECORDED JUNE 14, 1982 AS INSTRUMENT NUMBER
8206140543, RECORDS OF KING COUNTY, WASHINGTON, THENCE ALONG
THE WEST LINE OF SAID LOT 1, SOUTH 01'21'48"WEST 352.20 FEET;THENCE '
LEAVING SAID WEST LINE,NORTH 8g 38' 12"WEST 68.00 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 88038'12"
WEST 45.00 FEET; THENCE SOUTH 01' 21' 48" WEST 45.00 FEET; THENCE .
SOUTH 88' 38' 12" EAST 45.00 FEET, THENCE NORTH 01' 21' 48" EAST 45.00
FEET,TO THE SAID TRUE POINT OF BEGINNING,CONTAINING 2,025 SQUARE
FEET OF LAND MORE OR LESS.
•
•
•
•
20110527001445.01.5
•
•
Site Number: 310460
Site Name: Auburn WA 1
County: King
State: Washington
DESCRIPTION OF LEASE SITE •
THAT PORTION OF LOT 1 OF SHORT PLAT 90-02, RECORDED OCTOBER 04, 1990, UNDER
AUDITORS FILE NO. 9010049002, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS;
•
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT, THENCE SOUTH 00°46'14".
WEST ALONG THE EAST LINE OF SAID LOT 384.90 FEET; THENCE NORTH 89°13'46"
WEST ON A RANDOM LINE FOR 190.69 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A SPECTRASITE COMMUNICATIONS CELL SITE, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE NORTH 90°00'00"WEST 55.00 FEET;THENCE SOUTH 00°00'00"EAST 17.00 FEET;
THENCE SOUTH 00°00'00"EAST 55.00 FEET;THENCE NORTH 90°00'00"WEST 17.00 FEET,
TO SAID TRUE POINT OF BEGINNING. •
•
TOGETHER WITH AND SUBJECT TO EASEMENTS,COVENANTS,AND RESTRICTIONS OF
RECORD AND IN VIEW.
.
•
•
•
•
20110527001445.016
•
•
•
•
•
•
ATC Site Number:310498
ATC Site Name:Renton/WD 145th •
County:King
•
State:WA
•
LEGAL DESCRIPTION OF LEASE AREA:
•
THAT PORTION OF THE WESTERLY 280 FEET OF THE
EASTERLY 805 FEET OF THE SOUTHERLY 333 FEET OF THE •
NORTHERLY 728 FEET OF THE NORTHEAST QUARTER OF
SECTION 19,TOWNSHIP 23 NORTH,RANGE 6 EAST, W.M.,KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE
DESCRIBED SUBDIVISION; •
T}IENCE N 88°27'29"W ALONG THE SOUTHERLY LINE •
THEREOF A DISTANCE OF 103.62 FEET;
THENCE N 01°32'31"E, 10.00 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIBED PARCEL;
THENCE CONTINUING N 01°32'31"E,45.00 FEET; •
•
THENCE N 88°27'29"W PARALLEL WITH THE SOUTH LINE OF
SAID SUBDIVISION 45 FEET; ••
THENCE S 01°32'31"W,45 FEET TO A POINT WHICH BEARS •
NORTH 88°27'29"WEST FROM THE POINT OF BEGINNING; •
THENCE S 88°27'29"E,45 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS,COVENANTS, •
•
RESERVATIONS AND RESTRICTIONS OF RECORD AND IN VIEW.
20110527001445.017
,
Site Number: 310551 •
Site Name: Highland/Hazen
County: King
State:Washington
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. •
MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION:
THENCE NORTH 88°39'03"WEST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 329.63 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE EAST HALF SAID SUBDIVISION; •
THENCE SOUTH 00°04'44"WEST ALONG THE EAST LINE OF SAID WEST
HALF OF SAID EAST HALF A DISTANCE OF 174.68 FEET;
THENCE NORTH 89°55'16"WEST AT RIGHT ANGLES TO SAID EAST LINE
A DISTANCE OF 61.00 FEET TO THE TRUE POINT OF BEGINNING;
•
THENCE NORTH 88°39'03"WEST A DISTANCE OF 45.00 FEET;
THENCE NORTH 00°04'44" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 88°39'03" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 00°04'44"WEST A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
•
SITUATED IN KING COUNTY,WASHINGTON AND CONTAINING
APPROXIMATELY 0.05 ACRES.
•
20110527001445.018
I
ATC Site#310578
May Creek/Ziebarth
King County,WA
I
That portion of the Southeast Quarter of the Southwest Quarter of Section 12,Township
23 North,Range 5 East,W.M.more particularly described as follows:
• Beginning at the Northeast corner of said subdivision;
Thence N 86 43'28"W along the North line thereof,a distance of 239.14 Feet;
Thence S 03'16'32"W at right angles to said line,a distance of 142.28 Feet to the true
point of beginning;
Thence S 13'58' 17"E a distance of 46.50 Feet;
Thence S 7601'43"W a distance of 39.50 Feet;
Thence N 13`58' 17"W a distance of 46.50 Feet;
• Thence N 7601'43"E a distance of 3950 Feet to the true point of beginning.
•
Situated in King County,Washington and containing approximately 0.04 acres.
rf{A`T PORTIONOF Th4E SOUTI AST o.4R1 'R OoF •T
sofiTHe'st 96 4RTER OF SECTION It, T0rWN$ ' 3 NOR'Th . RANSE
5 f AS:7; W I►; 'E R.ARTICUL A IL. r OESCRO '0i AS'F'0!t t 01 S:
•
Brersy .r`A T•..THE:m RTNeAST CORNER OF s,.w
?Newt' N 86743?D' IF kON6 THE NORTH OW TI ERE0F,
A DISTANCE ` E3 ..I,.4fFE• 1~.�:� . .
ridaNGE'' ;..Q3°i6'.32�IW 4`T.,1 1r4hwLES TO SAID LME, A
DISTANCE`OF I42 28 FEET TO TH( TRWrRilePoiNT OP BEGINNING;
rivet S!3'58%?'E'•A':QIST4ilNCE'.OF:46JO Fur;
newt( S 76°0I'43: W,A pcsrAVG.`L' D 3 .FE•ET:
THENCE' N 13°584IT" W A ofsr4NcE or 4d.J`l1 SET;
7A?ENCE N 76°OI'43'E A OfsTANCF''1 ' 3.95p OTT.:.ro THE
r.
TRUE PAINT QF BEGINNING. •• ,
SITUATED IN KING COUNT r, WASillIN T•ON AND CONTAIN UOI;
APPROXIMA r'E'L Y 0 04 ACRES.
20110527001445.019
ATC Site#310594
Charleshe
King County,WA
•
•
•
THAT PORTION OF LOT 3, KING COUNTY SHORT PLAT NO.1177101,
RECORDED UNDER ROCORDING NO.7803311123, RECORDS OF KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
•
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE NORTH LINE OF SAID LOT NORTH 88°56'22"WEST 50.80
FEET;
•
THENCE SOUTH 01°03'38" WEST 46.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01'03'38"WEST 48.00 FEET;
•
THEINCE NORTH 88°56'22"WEST 30.00 FEET;
THENCE NORTH 01°03'38"EAST 48.00 FEET;
THENCE SOUTH 88°56'22" EAST 30.00 FEET TO THE TRUE POINT OF
•
BEGINNING.
CONTINING: 1440 SQUARE FEET. .
20110527001445.020
Site Number:310447
Site Name: Seattle South/
Regan's Tow
County:King
State:WA
Legal Description of Leased Area
A certain Tract or parcel of land located in King County, Washington, and being more
particularly described as follows:
Approximately 1,750 square feet and being a portion of the below described parcel:
Commencing at a point on the West line of Section 27, Township 23 North,Range 4 East,
WM, in King County, Washington, lying S 00°10' 11 " W along said West line 919.09
feet from the Northwest corner of said Section 27 and run thence S 89°59' 10" E,
2030.00 feet to the TRUE POINT OF BEGINNING;
thence continuing S 89°59'10"E, 54.90 feet;
thence S 44°19'50"E, 133.39 feet;
thence S 89°59'10"E, 43.09 feet to a point which is N 89°33'10"W, 8691 feet from the
southwesterly margin of the Military Road;
thence S 00°01'11"W, 180.00 feet to the Northerly margin of South 164th Street;
thence N 89°59'10"W, along said northerly margin 191.24 feet to a point which bears S
00°01'11"W from the true point of beginning;
thence N 00°01'11"E, 275.40 feet to the TRUE POINT OF BEGINNING.
•
20110527001445.021
•
•
•
ATC Site#310567
Burien/Training
. King County,WA
.
That portion of the southwest quarter of the southwest quarter of Section 32,Township
23 North,Range 4 East,W.M.,in King County,Washington described as follows:
Commencing at the southwest corner of said Section 32,the west line of said Section 32
having a bearing of N 06°18'49"B;
•
Thence N 57°38'41"E,717.67 feet to the true point of beginning;
Thence N 01° 12'47"E,31.20 feet;
Thence S 84° 19'45"W,5.94 feet to and existing survey marker;
Thence N 03°06' 02"W, 11.22 feet to and existing survey marker;
Thence S 86°26' 13"W, 12.41 feet to the face of a building;
Thence N 05°29'07"W, 15.95 feet along the face of said building to a building corner,
Thence S 88°56' 37"E,22.08 feet along the face of a building to a corner;
Thence N 65°24' 39"E, 25.41 feet along the face of said building;
Thence S 19°46' 27"E,73.78 feet;
Thence N 88°38'36"W, 50.43 feet to the true Point of Beginning.
20110527001445.022
.
, t
ATC Site#310595
Elmo—Spaa
King County,WA
•
Beginning at the intersection of the south line of Section 3,Township 23 North,Range 4
East,Willamette Meridian,in King County,Washington,and the centerline of the Old
Seattle Tacoma Interurban Railway right-of-way;
Thence North 76°42'05"East 50.00 feet on a radial of the curve of said right-of-way to a
point on the northeasterly margin thereof;
Thence northwesterly on a curve to the left with a radius of 2914.93 feet a distance of
114.04 feet to an intersection with the north line of the Cedar River Pipe Line right-of-
way and the True Point of Beginning;
thence South 87°22'00"East,a distance of 168.07 feet;
thence North 02°38'00"East a distance of 20.06 feet; •
thence North 68°09'46"East,a distance of 30.00 feet
thence North 21°50'14"West,a distance of 30.00 feet;
thence North 68°09'46"West,a distance of 30.00 feet;
thence South 21°50'14" Fast,a distance of 30.00 feet,to the Point of Beginning.
20110527001445.023
•
ATC Site#310589
•
Burton/Redbam
King County,WA
A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUAR EI.OF
SECTION 31,TOWNSHIP 22 NORTH,RANGE 3 EAST,WILLAMETTE MERIDIAN,
LOCATED IN KING COUNTY,WASHINGTON AND BEING A PART OF THAT
PROPERTY DESCRIBED IN INSTRUMENT NO.85032203 84,RECORDS OF KING
COUNTY,WASHINGTON. SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
•
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 31,TOWNSHIP 22 NORTH,RANGE
3 EAST,WILLAMETTE MERIDIAN;
•
THENCE ALONG THE SOUTHERN LINE OF SAID ONE-SIXTEENTH SECTION NORTH
89°90'28"WEST, 1013.14 FEET;.
THENCE NORTH 0°59'32"EAST, 106.19 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422"AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89°56'25"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 0°03'35"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED"WOG INC,PELS 6422";
THENCE NORTH 89°56'25"EAST,45.00 FEET TO A 112 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE SOUTH 0°03'35"EAST,45.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 2,025 SQUARE FEET MORE OR LESS.
BEARINGS BASED ON THE WASHINGTON COORDINATE SYSTEM OF 1983,NORTH
ZONE.
20110527001445.024
• •
•
ATC Site#310590
Mack/Greenhouse
King County,WA
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF •
SECTION 1,TOWNSHIP 26 NORTH,RANGE 5 EAST,W.M.MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1;THENCE SOUTH
8757'10"EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 1,643.35
FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF
SAID SUBDIVISION; THENCE NORTH 00i 38' 31" EAST ALONG THE WEST LINE OF
SAID EAST HALF A DISTANCE OF 528.36 FEET TO THE SOUTHWEST CORNER OF
THE NORTH 6 ACRES OF SAID EAST HALF OF SAID WEST HALF;THENCE SOUTH
88'15' 18"EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 23.02 FEET;
THENCE NORTH 01'44'42"EAST AT RIGHT ANGLES TO SAID SOUTH LINE A
DISTANCE OF 135.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED AREA:
THENCE NORTH 0U 00'00"EAST A DISTANCE OF 35.00 FEET;
THENCE NORTH 90 00'00"EAST A DISTANCE OF 35.00 FEET; •
THENCE SOUTH 00r 00'00"EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 90'00' 00" WEST A DISTANCE OF 35.00 FEET TO THE TRUE POINT •
OF BEGINNING.
20110527001445.025
•
ATC Site#310599
National Glass
King County,WA
•
That portion of the northeast quarter of the southeast quarter of Section 9,Township 26 North,
' Range 5 East,Willamette Meridian,in King County,Washington described as follows:
Beginning at the southwest corner of said subdivision;
Thence 888°28'19"E along the south line thereof a distance of 410.70 feet to a point on the
easterly margin of the Northern Pacific Railroad right-of-way,said point being the True Point
of Beginning of the herein described area;
Thence S21°03'56"W along said easterly margin a distance of 19.00 feet;
Thence N71°23'43"E a distance of 36.83 feet;
Thence S85°21'52"E a distance of 22.50 feet;
Thence SOI°31'41"W a distance of 29.00 feet more or less to the south line of said subdivision;
Thence.S88°28'19"W along said south line a distance of 49.75 feet to the True Point of
Beginning.
Situated in King County,Washington and containing approximately 0.04 acres.
20091020002099.001
1
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS(front and back)CAREFULLY
A.NAME&PHONE OF CONTACT AT FILER[optional]
B.SEND ACKNOWLEDGMENT TO: (Name and Address) 20091020002099
• UCC DIRECT UCC 96'00
r PAGE-001 OF 035
KINGOCOUNTY, UA
:9 CT Lien Solutions0
P -
P.U.Box 29071
Glendale,CA 91209-9071 68 .
,816-0568
L.,.... - I- r r . . 203 4 2 76 0 THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1.DEBTOR'S EXACT FULL LEGAL NAME-Insert only gm debtor name(1a or lb)-do not abbreviate or combine names
Is.ORGANIZATIONS NAME
— AMERICAN TOWER ASSET SUB,LLC
OR lb.INDMDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
ic MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY
c'o American Tower Corp., 116 Huntington Avenue,11th Floor Boston MA 02116 USA
1d.TAX IDM: SSN ORON AUDi.INFO RE Ile.TYPE OF ORGANIZATION 1LJURISDICTIONOFORGANIZATION 1g.ORGANIZATIONAL ID II.If any
ORGANIZATION Delaware
DEBTOR i limited liability company i DE 4297813 nNONE
2.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME-insert only gng debtor name(2a or 2b)-do not abbreviate or combine names
2e.ORGANIZATIONSS NAME "
OR 2b.INDIVIDUALS LAST NAME FIRST NAME MIDDLE NAME SUFFIX
2c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY
2d.TAX ID II: SSN OR EIN ADD'L INFO RE Ile.TYPE OF ORGANIZATION 2LJURISDICTIONOF ORGANIZATION 2g.ORGANIZATIONAL ID It.if any
ORGANIZATION
DEBTOR I I I nNONE
3.SECURED PARTY'S NAME(or NAME of TOTAL ASSIGNEE of ASSIGNOR SIP)-insert only DM secured patty name(3a or 3b)
3e.ORGANIZATIONS NAME
AMERICAN TOWER DEPOSITOR SUB,LLC
OR 3b INDMDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX •
•
3c.MAILING ADDRESS CRY STATE POSTAL CODE COUNTRY
— c/o American Tower Corp.,116 Huntington Avenue,I 1 th Floor Boston MA 02116 USA
4.This FINANCING STATEMENT covers the following cantata!:
See Exhibit A,attached hereto and made a part hereof. n
SCG419n +3i ToWv+S141p 2( N01t414, 126065e, b tsl
Proper T ID : 132106 - K063 -o`t
5.ALTERNATIVE DESIGNATION INappIlcable: LESSEE/LESSOR CONSIGNEE/CONSIGNOR RBAILEEIBAILOR 11SELLER/BUYER �AG.LIEN L {NON-UCC FILING
6-(,�Tb s FINANCING 51ArEMENT q to be record'(or recorded in REAL 7,tAneck to RtQ 1 SEARCH REPO ( )on Debtor(s) t(
�1 ESTATE RECORDS. AlhNi Addendum lif esotceblel 1 fAODITIONAL FEE] (ootignaD I Ar Debtors Oeriar 1 Debtor 2
8,OPTIONAL FILER REFERENCE DATA
(88468.526)Washington,King County
FILING OFFICE COPY—NATIONAL UCC FINANCING STATEMENT(FORM UCC1)(REV.07/29/98)
NATUCCI-5/4/01 C TSyslem Online
20091020002099.002
UCC FINANCING STATEMENTADDENDUM
FOLLOW INSTRUCTIONS(front and back)CAREFULLY
9.NAME OF FIRST DEBTOR(1a or 1b)ON RELATED FINANCING STATEMENT
9e.ORGANZZATOONAS NAME
. OR AMERICAN TOWER ASSET SUB,LLC
lib.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME.SUFFIX
10.MISCELLANEOUS:
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
11.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME-Insert only ono name(11a or 11b)-do not abbreviate or combine names
11e.ORGANIZATION'S NAME
OR 11b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
11c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY
11d.TAX ID N: SSN OR EIN ADD'L INFO RE 111e.TYPE OF ORGANIZATION 11f.JURISDICTION OFORGANIZATION 11g.ORGANIZATIONAL ID ti if any '
ORGANIZATION •
DEBTOR 4 ) I nNONE
12.—I ADDITIONAL SECURED PARTY'S or n ASSIGNOR SIP'S NAME-insert only gm name(12a or 12h)
12a_ORGANIZATION'S NAME
OR 12b INDIVIDUAL'S LAST NAME FIRST NAME 'MIDDLE NAME SUFFIX
12c.MAILING ADDRESS CRY STATE POSTAL CODE COUNTRY
13.This FINANCING STATEMENT covers❑limber to be cut or❑as-extracted 16.Additional collateral description:
collateral,or is filed as a®future filing.
14.Description of real estate:
See Exhibit B and Exhibit D,attached hereto and made a
part hereof.
15. Name and address of a RECORD OWNER of abovedesaibed real estate
(if Debtor does not have a record interest): .
17.Check My if applicable and check gory one box.
Debtor is a n Trust or n Trustee acting with respect to property held in trust orn Decedent's Estate
18.Check goly if appicable end check mix one box.
Debtor is a TRANSMITTING UTILITY
Filed In connection with a Manufactured-Home Transaction—effective 30 years
Filed In connection with a Public-Finance Transaction—effective 30 years
RUNG OFFICE COPY—NATIONAL UCC FINANCING STATEMENT ADDENDUM(FORM UCC1Ad)(REV.01/29/96)
NATUCC I•5/41N C T Syetan Online
20091020002099.003
EXHIBIT A
COLLATERAL DESCRIPTION .
The UCC-1 Financing Statement, Form UCC-1, to which this Exhibit A is attached covers all
right, title, and interest, whether now owned or hereafter acquired, of AMERICAN TOWER
ASSET SUB, LLC, a Delaware limited liability company ("Debtor"), in and to the following
(collectively,the"Mortgaged Property"):
(A) Debtor's fee simple estate in the parcel(s) of real property, if any, described on
Exhibit B attached hereto and made a part hereof(the "Owned Land") and all of the
buildings, improvements, structures and fixtures now or subsequently located on the
Land (hereinafter defined)(the"Improvements");
(B) the leasehold estate created under and by virtue of the agreement(s) described on
Exhibit C, attached hereto and made a part hereof (the "Mortgaged Lease"), any
interest in any fee, easement, easement in gross, or other greater or lesser title to
Debtor's leasehold estate or easement interest in the parcel(s) of real property (if any),
described on Exhibit D, attached hereto and made a part hereof(the "Leased Land")
(the Leased Land and the Owned Land are collectively referred to herein as the
"Land"), (the Owned Land, the Leased Land, and the Improvements are collectively
referred to herein as the "Real Estate") and the Improvements located thereon that
Debtor may own or hereafter acquire (whether acquired pursuant to a right or option
contained in the Mortgaged Lease or otherwise) and all credits, deposits, options,
privileges and rights of Debtor under the Mortgaged Lease (including all rights of use, •
occupancy and enjoyment) and under any amendments, supplements, extensions,
renewals, restatements, replacements and modifications thereof (including, without
limitation, but subject to the limitations of Section 32(t) of the Security Instrument
(hereinafter defined), (i) the right to give consents, (ii)the right to receive moneys
payable to Debtor, (iii)the right, if any, to renew or extend the Mortgaged Lease for a
succeeding team or terms, (iv) the right, if any, to purchase the Leased Land and
Improvements located thereon and (v)the right to terminate or modify the Mortgaged
Lease); all of Debtor's claims and rights to the payment of damages arising under the
Bankruptcy Code(as defined below) from any rejection of the Mortgaged Lease by the
lessor thereunder or any other party;
(C) all right, title and interest Debtor now has or may hereafter acquire in and to the
Improvements or any part thereof(whether owned in fee by Debtor or held pursuant to
the Mortgaged Lease or otherwise) and all the estate, right, title, claim or demand
whatsoever of Debtor, in possession or expectancy, in and to the Real Estate or any part
thereof;
(D) all right,title and interest of Debtor in, to and under all easements, rights of way, gores
of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water and
riparian rights, development rights, air rights, mineral rights and all estates, rights,
titles, interests, privileges, licenses, tenements, hereditaments and appurtenances
USActive 8147172.2 EXHIBIT A-PAGE 1
20091020002099.004
belonging, relating or appertaining to the Real Estate, and any reversions, remainders,
rents,issues,profits and revenue thereof and all land lying in the bed of any street,road
or avenue, in front of or adjoining the Real Estate to the center line thereof;
(E) all of the fixtures, chattels, business machines, machinery, apparatus, equipment,
furnishings, fittings and articles of personal property of every kind and nature
whatsoever, and all appurtenances and additions thereto and substitutions or
replacements thereof(together with, in each case, attachments, components, parts and
accessories) currently owned or subsequently acquired by Debtor and now or
subsequently attached to, or contained in or used or usable in any way in connection
with any operation or letting of the Real Estate, including but without limiting the
generality of the foregoing, all heating, electrical, and mechanical equipment, lighting, '
switchboards,plumbing, ventilating, air conditioning and air-cooling apparatus, loading
and unloading equipment and systems, communication systems (including satellite
dishes and antennae), computers, sprinkler systems and other fire prevention and
extinguishing apparatus and materials, security systems, motors, engines, machinery,
pipes, pumps, tanks, conduits, appliances, fittings and fixtures of every kind and
description (all of the foregoing in this Paragraph(E) being referred to as the
"Equipment");
(F) all right, title and interest of Debtor in and to all substitutes and replacements of, and all
additions and improvements to, the Real Estate and the Equipment, subsequently
acquired by or released to Debtor or constructed, assembled or placed by Debtor on the
Real Estate, immediately upon such acquisition, release, construction, assembling or .
placement, including, without limitation, any and all building materials whether stored
at the Real Estate or offsite, and, in each such case, without any further mortgage,
conveyance, assignment or other act by Debtor;
(G) all right, title and interest of Debtor in, to and under all leases, subleases, underlettings,
concession agreements, management agreements, licenses and other agreements
relating to the use or occupancy of the Real Estate or the Equipment or any part thereof,
now existing or subsequently entered into by Debtor and whether written or oral and all
guarantees of any of the foregoing (collectively, as any of the foregoing may be
amended, restated, extended, renewed or modified from time to time, the "Leases"),
and all rights of Debtor in respect of cash and securities deposited thereunder and the
right to receive and collect the revenues, income, rents, issues and profits thereof,
together with all other rents, royalties, issues, profits, revenue, income and other
benefits arising from the use and enjoyment of the Mortgaged Property (collectively,
the"Rents");
(H) all unearned premiums under insurance policies now or subsequently obtained by
Debtor relating to the Real Estate or Equipment and Debtor's interest in and to all such
insurance policies(including title insurance policies) and all proceeds of such insurance
policies, including the right to collect and receive such proceeds, subject to the
provisions relating to insurance generally set forth in the Security Instrument and in that
Loan and Security Agreement, of even date with the Security Instrument, made by and
among Debtor, AMERICAN TOWER ASSET SUB II, LLC, a Delaware limited
USActive 8147172.2 EXHIBIT A-PAGE 2
L
20091020002099.005
liability company, and Secured Party (hereinafter defined) (the "Loan Agreement");
and all awards and other compensation, including the interest payable thereon and the
right to collect and receive the same, made to the present or any subsequent owner of
the Real Estate or Equipment for the taking by eminent domain, condemnation or
otherwise, of all or any part of the Real Estate or any easement or other right therein,
subject to the provisions relating to such awards and compensation generally set forth
in the Security Instrument and in the Loan Agreement;
(I) to the extent assignable, all right, title and interest of Debtor in and to (i)all contracts
from time to time executed by Debtor or any manager or agent on its behalf relating to
the ownership, construction, maintenance, repair, operation, occupancy, sale or
financing of the Real Estate or Equipment or any part thereof and all agreements
relating to the purchase or lease of any portion of the Real Estate or any property which
is adjacent or peripheral to the Real Estate, together with the right to exercise such
options and all leases of Equipment, (ii) all consents, licenses, building permits,
certificates of occupancy and other governmental approvals relating to construction,
completion, occupancy, use or operation of the Real Estate or any part thereof and
(iii) all drawings, plans, specifications and similar or related items relating to the Real
Estate;
(J) any and all monies now or subsequently on deposit for the payment of real estate taxes
or special assessments against the Real Estate or for the payment of premiums on
insurance policies covering the foregoing property or otherwise on deposit with or held
by Secured Party as provided in that certain Deed of Trust, Assignment of Leases and
Rents, Fixture Filing and Security Agreement, dated as of May 4, 2007, made by
Debtor for the benefit of AMERICAN TOWER DEPOSITOR SUB, LLC, a Delaware
limited liability company ("Secured Party") (the "Security Instrument") (capitalized
terms used herein and not otherwise defined shall have the meaning ascribed to such
term in the Security Instrument); and,
(K) all proceeds,both cash and noncash, of the foregoing.
USActive 8147172.2 EXHIBIT A-PAGE 3
20091020002099.006
EXHIBIT B
OWNED LAND
(attached hereto)
USActive 8147172.2 EXHIBIT B
20091020002099.0Q7
DESCRIPTION OF THE OWNED LAND
(King County,Washington)
None.
•
r ;
20091020002099.008
EXHIBIT C
MORTGAGED LEASE
(attached hereto)
•
•
USActive 8147172.2 EXHIBIT C
•
20091020002099.009
•
•
DESCRIPTION OF THE TRUST LEASE
(King County,Washington)
Tower Title Date Lessor Lessee
310447 Communications Site Lease February 25, Richard Barene and Kathryn CenCall,Inc.,a Delaware
(Washington Mortgaged Lease) 1994 Barene,husband and wife,and corporation
Dennis Davidson,a married man,
as his separate property
310460 Communications Site Lease July 10, 1998 Ellingson Associates,a Nextel West Corp.,a Delaware
Agreement(Ground) Washington general partnership corporation d/b/a Nextel
Communications
310498 Communications Site Lease May 1,1996 King County Water District#90, OneComm Corporation,
(Washington Mortgaged Lease) a Washington municipal NorthA.
corporation -
310501 PCS Site Agreement March 28, 1996 Duane East Cameron and Linda Sprint Spectrum LP,a
South Cameron Delaware limited partnership
310516 Communications Site Lease October 18, 1999 R.V.Hardy-Kent LLC,a Nextel West Corp.,a Delaware
Agreement(Ground) Washington limited liability corporation d/b/a Nextel
company,B.J.Hardy-Kent LLC, Communications
a Washington limited liability
company,M.M.Wong LLC,a
Washington limited liability
company,SouthWest Wong LLC,
a Washington limited Iiability
company,D.J.Bublitz LLC,a
Was
•
20091020002099.010
Tower Title Date Lessor Lessee
310531 Communications Site Lease March 11, 1996 The Estate Of American ONECOMM
(Washington Mortgaged Lease) Adventure Inc.by American CORPORATION,NorthA.,a
Adventure Inc.,a Delaware Delaware corporation
corporation
310551 Communications Site Lease February 7, 1997 Robert East Fricks and Donna C. OneComm Corporation,
Agreement(Ground) Fricks NorthA.,a Delaware
(Washington) Corporation,dba Nextel
Communications
310567 Property Management September 25, Department of General Nextel West Corp.,a Delaware
Communications Site Lease 1997 Administration corporation,d/b/a Nextel
Communications
310574 Communications Site Option and November 7, Palmer Coking Coal Company,a OneCom Corporation NorthA.,
Lease 1996 Washington Partnership a Delaware corporation,d/b/a
Nextel Communications
310577 Communications Site Lease November 3, City of Issaquah,a Washington Nextel West Corp.,a Delaware
Agreement(Ground) 1997 municipal corporation corporation,d/b/a Nextel
Communications
310578 Communications Site Lease February 26, Peggy A.Ziebarth OneCom Corporation NorthA.,.
Agreement(Ground) 1997 a Delaware corporation,d/b/a
Nextel Communications
•
•
20091020002099.011
Tower Title Date Lessor Lessee
310580 Communications Site Lease March 5,1997 The Diocese of Olympia,Inc.,a OneCom Corporation NorthA.,
Agreement(Ground/Guy Tower) Washington corporation a Delaware corporation,d/b/a
Nextel Communications
310581 Communications Site Lease March 13,1997 Gerald and Gail Jolk,husband OneCom Corporation NorthA.,
Agreement(Ground) and wife a Delaware corporation,d/b/a
Nextel Communications
310589 Communications Site Lease June 10, 1997 Barabara and Robert Newlin, OneCom Corporation NorthA.,
Agreement(Ground) husband and wife a Delaware corporation,d/b/a
Nextel Communications
310590 Communications Site Option July 14, 1997 Earl East Dedham and Joan M. Nextel West Corp.,a Delaware
Lease Agreement(Ground) Dedham,husband and wife corporation,d/b/a Nextel
Communications
310594 Communications Site Lease December 19, Edward A.Charishe Nextel West Corp.,a Delaware
Agreement(Ground) 1997 corporation,d/b/a Nextel
Communications
310595 Communications Site Lease April 22,1998 Seattle Police Athletic Nextel West Corp.,a Delaware
Agreement(Ground) Association,Inc.,a Washington corporation,d/b/a Nextel
corporation Communications
310597 Communications Site Lease May 22, 1998 Seattle Box Co.,a Washington Nextel West Corp.,a Delaware
Agreement(Ground) corporation,which acquired title corporation,d/b/a Nextel
as Seattle Box Company,a Communications
Washington corporation
310599 Communications Site Lease June 2, 1998 Schiessl Investments,L.P.,a Nextel West Corp.,a Delaware
Agreement(Ground) Washington limited partnership corporation,d/b/a Nextel
Communications
20091020002099.012
Tower Title Date Lessor Lessee
310600 Communications Site Lease April 13, 1998 Thomas D.Forgey,as his Nextel West Corp.,a Delaware
Agreement(Ground) separate estate corporation,d/b/a Nextel
Communications
20091020002099.013
Lease Amendments
•
Washington
Borrower:American Tower Asset Sub, LLC
Tower Site Name Amendment Date
310501 Enumclaw/Sprint First Amendment to the Lease I 11/14/1996
310501 Enumclaw I Sprint Second Amendment to the Lease 7/10/2006
310531 Carnation/Tallchief First Amendment to the Lease 3/1/2006
310567 Burien/Training First Amendment to the Lease 1/4/1999
310587 Burien/Training Second Amendment to the Lease 5/22/2002
310574 Black Diamond/Palmer First Amendment to the Lease i 1/15/1997
310574 Black Diamond/Palmer .Second Amendment to the Lease 4/1/1997
310590 Mack/Greenhouse First Amendment to the Lease 12/29/1997
310590 Mack/Greenhouse Second Amendment to the Lease 9/16/2005
310599 National Glass :First Amendment to the Lease I 10/1/19 99
Other amendments will not have a material
adverse affect
20091020002099.014
EXHIBIT D
LEASED LAND
(attached hereto)
•
USActive 8147172.2 EXHIBIT D
20091020002099.015
DESCRIPTION OF THE LEASED LAND
(King County,Washington) -
The legal description for each of the following sites is attached.
Tower 310447
Tower 310460
Tower 310498
Tower 310501 •
Tower 310516
Tower 310531
Tower 310551
Tower 310567
Tower 310574
Tower 310577
Tower 310578
Tower 310580
Tower 310581
Tower 310589
Tower 310590 •
Tower 310594
Tower 310595
Tower 310597
Tower 310599
Tower 310600 •
20091020002099.016
Site Number: 310574
Site Name: Black Diamond/ Palmer
County: King
State: Washington
BEGINNING AT A POINT TO WHICH THE CENTER OF SECTION 13 BEARS
S89°41'49"E, 100 FEET;
THENCE 545°00'00"W, 275.00 FEET;
THENCE N45°00'00"W, 275.00 FEET;
THENCE N45°00'00"E, 275.00 FEET;
THENCE S45°00'00"E, 275.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.7361 ACRES, MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 6 EAST, W.M.
IN KING COUNTY, WASHINGTON.
pio Tq n d 13 1- i b(o-9 0 b-s-0ci
20091020002099.017
Site Number 310531
Site Name: Carnation I Talichief
County: King
State: Washington
A PORTION OF THE BELOW REFERENCED PARENT PARCEL, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 5; THENCE SOUTH 88°15'21" EAST ALONG THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 5, A
DISTANCE OF 95.78 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 1°44'39" EAST, A DISTANCE OF 31.00 FEET;
THENCE NORTH 88°15'21" WEST, A DISTANCE OF 18.00 FEET;
THENCE NORTH 1°44'39" EAST, A DISTANCE OF 14.00 FEET;
THENCE SOUTH 88°15'21" EAST, A DISTANCE OF 63.00 FEET;
THENCE SOUTH 1°44'39"WEST,A DISTANCE OF 45.00 FEET;
THENCE NORTH 88°15'21" WEST, A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,277 SQUARE FEET MORE OR LESS.
The following Parent Parcel description is for reference only.
The property encumbered is the above-stated leased premises
only.
GOVERNMENT LOTS 3 AND 4, AND THE SOUTH 1 HALF OF THE
NORTHWEST QUARTER, SECTION 5, TOWNSHIP 24 NORTH, RANGE 7
EAST, W.M. IN KING COUNTY, WASHINGTON.
pe(-Vy T°trc id bs240-7
20091020002099.018
ATC Site#310600
Grazer—Forgery
King County,WA
That portion of the West half of the Northeast quarter of the Northwest quarter of Section
31, Township 26 North, Range 7 East, Willamette Meridian, in King County,
Washington described as follows:
Beginning at the Northeast corner of said Northwest quarter of said Section 31;
Thence N 88° 18' 32"W along the North line thereof a distance of 1,285.71 feet;
Thence S 00° 00' 00" E a distance of 734.75 feet to the true point of beginning of the
herein described parcel;
Thence continuing S 00°00' 00"E a distance of 45.00 feet;
Thence N 90°00' 00"E a distance of 45.00 feet;
Thence N 00° 00' 00"E a distance of 45.00 feet;
•
Thence S 90° 00' 00" W a distance of 45.00 feet to the true point of beginning and a
point that bears S 61° 32' 00"W a distance of 1,461.90 feet from said point of beginning.
p(0 perk-y —, 49,c ► d 3 Vi.,o1 -9oo5 .02
20091020002099.019
SITE NUMBER: 310501
SITE NAME: Enumclaw/Sprint
COUNTY: King .
STATE: Washington
Commencing at the most easterly corner of Lot A of the City of Enumclaw Short Plat No.
8402,Recording Number 8406210809,records of King County, Washington;
thence South 35°56'O1" West,along the southeasterly line of said Lot A, a distance of
11.00 feet to the True Point of Beginning;
thence North 54°03'59" West,a distance of 60.00 feet;
thence South 35°56'01"West,a distance of 40.00 feet;
thence South 54°03'59" East, a distance of 60.00 feet to said southeasterly line;
thence North 35°56'01"East, along said line, a distance of 40.00 feet to the True Point of
Beginning.
The following Parent Parcel description is for reference only. The property encumbered
is the above-stated leased premises only.
Lot A of the City of Enumclaw Short Plat No. 8402, Recording Number 8406210809,
records of
King County,Washington,being portions of Lot 4, Enumclaw, Industrial Park,according
to the
plat thereof recorded in Volume 81 of PIats, page 3,in King County, Washington.
•
pro Per4y Tq�i 2`3t01d0-6OKs -Ob
20091020002099.020
ATC Site#310577
Issaquah East/water Distr
King County,WA
THAT PORTION OF TRACT"A", FOREST RIM ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 118 OF PLATS, PAGES 27 THROUGH
38, INCLUSIVE, IN KING COUNTY,WASHINGTON, DESCRIBED MORE
PARTICULARLY AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT"A", SAID
CORNER BEARS NORTH 10°36'27"WEST 212.70 FEET FROM THE
SOUTHEAST CORNER OF SAID TRACT"A",THENCE SOUTH 35°58'47"
WEST ON A RANDOM LINE 75.95 FEET TO THE TRUE POINT OF
BEGINNING,
THENCE SOUTH 01°38'00"WEST 54.25 FEET; THENCE NORTH 88°24'00"
WEST 18.50 FEET; THENCE NORTH 01°38'00"EAST 54.25 FEET; THENCE
SOUTH 88°24'00"EAST 19.50 FEET TO THE SAID TRUE POINT OF
BEGINNING.
p(, per4 y
9,59 des-1alo-03
20091020002099.021
Site Number: 310516
Site Name: Panther Lake WA
County: King
State: Washington
THAT PORTION OF LOT 2, KING COUNTY SHORT PLAT NO. 583072, AS
RECORDED UNDER RECORDING NO. 8407100790, RECORDS OF KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
NORTH 88°49' 02"WEST ALONG THE SOUTH LINE OF SAID LOT 2 A
DISTANCE OF 96.04 FEET; THENCE NORTH 01° 17' 04" EAST A DISTANCE
OF 65.73 FEET; THENCE NORTH 88°42'56"WEST A DISTANCE OF 5.10
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
AREA:
THENCE NORTH 88°42'56"WEST A DISTANCE OF 50.00 FEET; THENCE
NORTH 01° 36' 08" EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH
88°42' 56" EAST A DISTANCE OF 55.00 FEET; THENCE NORTH 01° 17' 04"
EAST A DISTANCE OF 22.00 FEET; THENCE SOUTH 88°42' 56" EAST A
DISTANCE OF 16.00 FEET; THENCE SOUTH 01° 17' 04"WEST A DISTANCE
OF 17.00 FEET; THENCE SOUTH 43°49' 02" WEST A DISTANCE OF 31.21
FEET TO THE SAID TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 1388 SQ. FT.
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS,
COVENANTS, AND RESTRICTIONS OF RECORD AND IN VIEW.
o,OP y ;oir 4 00.2.05- roo-09
0 g 220s, q 30 I - 68
20091020002099.022
ATC Site#310597
King Kong—Seatac Box Co
King County, WA
That portion of Lot 3, City of Kent Short Plat No. 74-1, recorded under Recording No.
7808170845, Being a portion of the North half of Section 13,Township 22 North, Range
4 East,Willamette Meridian,and more particularly described as follows:
Beginning at the Southwest corner of said Lot 3; thence S 88° 35' 05" E (S 88° 35' 19"
E, City of Kent Short Plat No. 74-1) along the South line thereof, a distance of 55.00
feet;
Thence N 01°24' 55"E, a distance of 50.00 feet;
Thence N 88°35' 05"W, a distance of 55.00 feet;
Thence S 01° 24' 55"W, a distance of 50.00 feet to the Point of Beginning.
10o perAi Laic "D
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20091020002099.023
Site Number: 310580
Site Name: Star Lake/st. Columba's
County: King
State: Washington
A portion of the southeast quarter of the northeast quarter of the southeast
quarter of Section 28, Township 22 North, Range 4 East, described as
follows:
Commencing at the southwest corner of said subdivision;
Thence North 01°03' 34" East along the west line thereof a distance of 9.00
feet;
Thence South 87° 53' 41" east a distance of 10.00 feet to a 5/8" iron rebar
with plastic cap stamped P-A-C-E PLS 33127 hereinafter referred to as
"rebar" and the true point of beginning of the herein described lease area;
Thence North 01° 03' 34" East a distance of 28.00 feet to a "rebar";
Thence South 87° 53' 41" East a distance of 77.00 feet to a "rebar";
Thence South 01° 03' 34" West a distance of 28.00 feet to a "rebar";
Thence North 87° 53' 41" West a distance of 77.00 feet to the true point of
beginning.
?rope-4 y , cI 2 A'2.2o4 -9 i bo- c3
20091020002099.024
ATC Site#310581
Maple Valley-gerald Jolk
King County,WA
A PORTION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER,
OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 6 EAST, WILLAMETTE
MERIDIAN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS; •
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, SHOWN ON SHORT
PLAT 681111, RECORDED JUNE 14, 1982 AS INSTRUMENT NUMBER
8206140543, RECORDS OF KING COUNTY, WASHINGTON, THENCE ALONG
THE WEST LINE OF SAID LOT 1, SOUTH 01'21'48" WEST 352.20 FEET;THENCE
LEAVING SAID WEST LINE,NORTH 88'38' 12" WEST 68.00 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 88038'12"
WEST 45.00 FEET; THENCE SOUTH Or 21' 48" WEST 45.00 FEET; THENCE
SOUTH 88. 38' 12" EAST 45.00 FEET, THENCE NORTH 0T 21' 48" EAST 45.00
FEET, TO THE SAID TRUE POINT OF BEGINNING, CONTAINING 2,025 SQUARE
FEET OF LAND MORE OR LESS.
ropQ.447 ,c ; �
t1 ,1.20( -9i�g bS
20091020002099.025
Site Number: 310460
Site Name: Auburn WA 1 .
County: King
State: Washington
DESCRIPTION OF LEASE SITE
THAT PORTION OF LOT 1 OF SHORT PLAT 90-02, RECORDED OCTOBER 04, 1990, UNDER
AUDITORS FILE NO. 9010049002, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT, THENCE SOUTH 00°46'14"
WEST ALONG THE EAST LINE OF SAID LOT 384.90 FEET; THENCE NORTH 89°13'46"
WEST ON A RANDOM LINE FOR 190.69 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A SPECTRASITE COMMUNICATIONS CELL SITE, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE NORTH 90°00'00"WEST 55.00 FEET;THENCE SOUTH 00°00'00"EAST 17.00 FEET;
THENCE SOUTH 00°00'00"EAST 55.00 FEET;THENCE NORTH 90°00'00"WEST 17.00 FEET,
TO SAID TRUE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS,AND RESTRICTIONS OF
RECORD AND IN VIEW.
TrbQe,r1 y K i cI 3to2-10`! 9o941 0 1 . , .
20091020002099.026
•
ATC Site Number: 310498
ATC Site Name:Renton/WD 145th
County: King
State: WA
LEGAL DESCRIPTION OF LEASE AREA:
THAT PORTION OF THE WESTERLY 280 FEET OF THE
EASTERLY 805 FEET OF THE SOUTHERLY 333 FEET OF THE
NORTHERLY 728 FEET OF THE NORTHEAST QUARTER OF
SECTION 19,TOWNSHIP 23 NORTH,RANGE 6 EAST,W.M.,KING
COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE
DESCRIBED SUBDIVISION;
THENCE N 88° 27'29" W ALONG THE SOUTHERLY LINE
THEREOF A DISTANCE OF 103.62 FEET;
THENCE N 01° 32'31" E, 10.00 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIBED PARCEL;
THENCE CONTINUING N 0 1°32'31" E,45.00 FEET;
THENCE N 88°27'29" W PARALLEL WITH THE SOUTH LINE OF
SAID SUBDIVISION 45 FEET;
THENCE S 01°32'31" W, 45 FEET TO A POINT WHICH BEARS
NORTH 88° 27'29" WEST FROM THE POINT OF BEGINNING;
.
THENCE S 88° 27'29" E,45 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS,
RESERVATIONS AND RESTRICTIONS OF RECORD AND IN VIEW.
PropeAy i4K) i Iei21C)to 7031 - ay
20091020002099.027
Site Number: 310551
Site Name: Highland/ Hazen
County: King
State: Washington
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.
MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION:
THENCE NORTH 88°39'03"WEST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 329.63 FEET TO THE NORTHEAST CORNER OF THE WEST
HALF OF THE EAST HALF SAID SUBDIVISION;
THENCE SOUTH 00°04'44" WEST ALONG THE EAST LINE OF SAID WEST
HALF OF SAID EAST HALF A DISTANCE OF 174.68 FEET;
THENCE NORTH 89°55'16"WEST AT RIGHT ANGLES TO SAID EAST LINE
A DISTANCE OF 61.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°39'03"WEST A DISTANCE OF 45.00 FEET;
THENCE NORTH 00°04'44" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 88°39'03" EAST A DISTANCE OF 45.00 FEET;
THENCE SOUTH 00°04'44" WEST A DISTANCE OF 45.00 FEET TO THE
TRUE POINT OF BEGINNING.
SITUATED IN KING COUNTY, WASHINGTON AND CONTAINING
APPROXIMATELY 0.05 ACRES.
pro p e-r --ram ; I o-2. 3os
20091020002099.028
ATC Site#310578
May Creek/Ziebarth
King County,WA
That portion of the Southeast Quarter of the Southwest Quarter of Section 12,Township
23 North,Range 5 East,W.M.more particularly described as follows:
Beginning at the Northeast corner of said subdivision; •
Thence N 8643' 28"W along the North line thereof, a distance of 239.14 Feet;
Thence S 03' 16' 32"W at right angles to said line, a distance of 142.28 Feet to the true
point of beginning;
Thence S 13'58' 17"E a distance of 46.50 Feet;
Thence S 7601'43"W a distance of 39.50 Feet;
Thence N 13-58' 17"W a distance of 46.50 Feet;
Thence N 7601' 43" E a distance of 39.50 Feet to the true point of beginning.
Situated in King County,Washington and containing approximately 0.04 acres.
tifitaf . ' ; zeiia
•
TiM r P ,ew off' r `�soV : . A R `
rig-
Souring/Pr '•• ' 'TER OFsG cri , ,roo ?. NORTH RASE
5 EAST i .i • PARTICULARL H?° O'.AS.. r L•OWS.' •
•
a s/4 AT THE NOR pot ' l
THENCE N 86°43?s` IV AL ON6 T 'NORTH LOE T11ERtOF.
;!t INSTANCE pt 23g14 FEET;
THENCES o30I6 3P° AT RAT ANGLES.TO SAID LANE, A
DISTANCE.0117 142.28 FEET TO THt. Tale NW
OritEGIMMIK
novas$0'58 'r (
E
A OI$TA$ -O • 4` .�+. 0$1, fr;
TRE"WES 76°0143' WA OIS NCE'' OF. ':v.+ 7r,rr
THENCE N 13°58'!T" W A Daroce or 46 T;
THENCE N 76°01'43'E A QIST,AN 'E:OP 39"5Q 11 t T TO THE
TR+LE Paw OF REC/IVMNG. •
SITUATED IN KING COUNTY, 11"vsHoteTIN AND'OONTAINW
APPRQXIMA TEL ,Y 0.04 ACRES.
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20091020002099.029
ATC Site#310594
Charleshe
King County,WA
THAT PORTION OF LOT 3, KING COUNTY SHORT PLAT NO.1177101,
RECORDED UNDER ROCORDING NO.78033 1 1 123, RECORDS OF KING
COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE NORTH LINE OF SAID LOT NORTH 88°56'22"WEST 50.80
FEET;
THENCE SOUTH 01°03'38" WEST 46.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01'03'38"WEST 48.00 FEET;
THEINCE NORTH 88°56'22"WEST 30.00 FEET;
THENCE NORTH 01°03'38"EAST 48.00 FEET;
THENCE SOUTH 88°56'22" EAST 30.00 FEET TO THE TRUE POINT OF
BEGINNING.
CONTINING: 1440 SQUARE FEET.
`fro p�`{-y 'to to z 3es _ 9 r oq_o 2
20091020002099.030
Site Number:310447
Site Name: Seattle South/
Regan's Tow
County:King
State:WA
Legal Description of Leased Area
A certain Tract or parcel of land located in King County, Washington, and being more
particularly described as follows:
Approximately 1,750 square feet and being a portion of the below described parcel:
Commencing at a point on the West line of Section 27, Township 23 North, Range 4 East,
WM, in King County, Washington, lying S 00°10' 11 " W, along said West line 919.09
feet from the Northwest corner of said Section 27 and run thence S 89° 59' 10" E,
2030.00 feet to the TRUE POINT OF BEGINNING;
thence continuing S 89°59'10"E, 54.90 feet;
thence S 44°19'50"E, 133.39feet;
thence S 89°59'10"E, 43.09 feet to a point which is N 89°33'10" W, 86.91 feet from the
southwesterly margin of the Military Road;
thence S 00°01'll" W, 180.00 feet to the Northerly margin of South 164th Street;
thence N 89°59'10" W, along said northerly margin 191.24 feet to a point which bears S • '
00°01'11" W,from the true point of beginning;
thence N 00°Ol'II"E, 275.40 feet to the TRUE POINT OF BEGINNING.
�r0 Per4y *row tot s375' 'O— rY ? 0- 0I
20091020002099.031
ATC Site#310567
Burien/Training
King County,WA
•
• That portion of the southwest quarter of the southwest quarter of Section 32,Township
23 North, Range 4 East, W.M., in King County, Washington described as follows:
Commencing at the southwest corner of said Section 32,the west line of said Section 32
having a bearing of N 06° 18' 49"E;
Thence N 57°38' 41"E, 717.67 feet to the true point of beginning;
Thence N 01° 12' 47"E,31.20 feet; .
Thence S 84° 19' 45"W, 5.94 feet to and existing survey marker;
Thence N 03°06' 02" W, 11.22 feet to and existing survey marker;
Thence S 86°26' 13"W, 12.41 feet to the face of a building;
Thence N 05°29' 07"W, 15.95 feet along the face of said building to a building corner,
Thence S 88°56' 37"E, 22.08 feet along the face of a building to a corner;
Thence N 65°24' 39"E, 25.41 feet along the face of said building;
Thence S 19°46' 27"E, 73.78 feet;
Thence N 88°38' 36"W, 50.43 feet to the true Point of Beginning.
P,ropeAy `c'r i el 3��30`4 -Os
20091020002099.032
ATC Site#310595
Elmo-Spaa
King County,WA
Beginning at the intersection of the south line of Section 3,Township 23 North,Range 4
East,Willamette Meridian,in King County,Washington, and the centerline of the Old
Seattle Tacoma Interurban Railway right-of-way,
Thence North 76°42'05"East 50.00 feet on a radial of the curve of said right-of-way to a
point on the northeasterly margin thereof;
Thence northwesterly on a curve to the left with a radius of 2914.93 feet a distance of
114.04 feet to an intersection with the north Iine of the Cedar River Pipe Line right-of-
way and the True Point of Beginning;
thence South 87°22'00" East, a distance of 168.07 feet;
thence North 02°38'00"East a distance of 20.06 feet;
thence North 68°09'46" East,a distance of 30.00 feet
thence North 21°50'14" West, a distance of 30.00 feet;
thence North 68°09'46"West, a distance of 30.00 feet;
thence South 21°50'14" East, a distance of 30.00 feet,to the Point of Beginning.
ro 9'4-y t`cw i d 032 34tf- l051 --09
20091020002099.033
ATC Site#310589
Burton/Redbarn
King.County,WA
• A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 31,TOWNSHIP 22 NORTH,RANGE 3 EAST,WILLAMETTE MERIDIAN,
LOCATED IN KING COUNTY,WASHINGTON AND BEING A PART OF THAT
PROPERTY DESCRIBED IN INSTRUMENT NO. 8503220384,RECORDS OF KING
COUNTY,WASHINGTON. SAID TRACT BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
.
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 31,TOWNSHIP 22 NORTH,RANGE
3 EAST,WILLAMETTE MERIDIAN;
THENCE ALONG THE SOUTHERN LINE OF SAID ONE-SIXTEENTH SECTION NORTH
89°00'28"WEST, 1013.14 FEET;
THENCE NORTH 0°59'32"EAST, 106.19 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422"AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89°56'25"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 0°03'35"WEST,45.00 FEET TO A 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE NORTH 89°56'25"EAST,45.00 FEET TO A 1/2 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED"WGG INC,PELS 6422";
THENCE SOUTH 0°03'35"EAST,45.00 FEET TO THE POINT OF BEGINNING.
.
SAID TRACT CONTAINS 2,025 SQUARE FEET MORE OR LESS.
BEARINGS BASED ON THE WASHINGTON COORDINATE SYSTEM OF 1983, NORTH
ZONE.
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20091020002099.034
ATC Site#310590
Mack/Greenhouse
King County,WA
r.
•
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 1,TOWNSHIP 26 NORTH,RANGE 5 EAST,W.M. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1;THENCE SOUTH
8757' 10" EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 1,643.35
FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF
SAID SUBDIVISION; THENCE NORTH 0Q 38' 31" EAST ALONG THE WEST LINE OF
SAID EAST HALF A DISTANCE OF 528.36 FEET TO THE SOUTHWEST CORNER OF
THE NORTH 6 ACRES OF SAID EAST HALF OF SAID WEST HALF; THENCE SOUTH
88'15' 18"EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 23.02 FEET;
THENCE NORTH 01'44'42" EAST AT RIGHT ANGLES TO SAID SOUTH LINE A
DISTANCE OF 135.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED AREA:
THENCE NORTH 00'00'00" EAST A DISTANCE OF 35.00 FEET;
THENCE NORTH 9Q 00'00" EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 00'00'00" EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 90i 00' 00" WEST A DISTANCE OF 35.00 FEET TO THE TRUE POINT
OF BEGINNING.
'rope-r`-, -/Ar;of Ot z foes- -oselL -00
20091020002099.035
ATC Site#310599
National Glass
King County,WA
•
That portion of the northeast quarter of the southeast quarter of Section 9,Township 26 North,
Range 5 East,Willamette Meridian,in King County, Washington described as follows:
Beginning at the southwest corner of said subdivision;
Thence S88°28'19"E along the south line thereof a distance of 410.70 feet to a point on the
easterly margin of the Northern Pacific Railroad right-of-way, said point being the True Point
of Beginning of the herein described area;
Thence S21°03'56"W along said easterly margin a distance of 19.00 feet;
Thence N71°23'43"E a distance of 36.83 feet;
Thence S85°21'52"E a distance of 22.50 feet; .
Thence S01°31'41"W a distance of 29.00 feet more or less to the south line of said subdivision;
Thence S88°28'19"W along said south line a distance of 49.75 feet to the True Point of
Beginning.
Situated in King County, Washington and containing approximately 0.04 acres.
foP y Teterid act z (Dos — ?o.1cl --6
d -
ie 0 06i 000638
NUirleA 33.00
JAGO 1
AFTER RECORDING RETURN TO
e1414c u°KiY, U
.
GTE Wireless of the Pacific Incorporated
c/o JM Consulting Group, Inc
12828 Northup Way, Suite 301
Bellevue, WA 98005
Attn Site Acquisition Department
NAME OF GRANTOR. Robert E. Fricks,as his separate estate
and Donna C Neal, who acquired title •
as Donna C Fncks, as her separate
estate
pp NAME OF GRANTEE GTE Wireless of the Pacific
Incorporated, a Delaware corporation,
tD successor in interest to GTE Mobilnet
0 Incorporated
0 ABBREVIATED LEGAL Section 10, Township 23, Range 5, NE
quarter, NW quarter
d+ ASSESSOR'S TAX PARCEL ID. # 102305-9081-09
ri
CO .
O
MEMORANDUM OF LEASE AGREEMENT
ca This Memorandum of Lease is entered into this _.� t - day o ► z 199_7'
between Robert E Fricks, as his separate estate and Donna C Neal, i-ho acquired
title as Donna C Fricks, as her separate estate, ("Grantor/Landlord"), and GTE
Wireless of the Pacific Incorporated, a Delaware corporation, successor in interest
to GTE Mob ilnet Incorporated, ("Grantee/Tenant"), in order to provide record
notice of the fact that they have entered into a Lease, dated June 5, 1997, for the
purpose of locating and operating unmanned telecommunications equipment
This Memorandum contains only selected parts of the Lease, which includes the
following terms
Landlord's Property The Landlord's Property is legally described in Exhibit "A",
attached hereto and incorporated herein by reference
6/9/98 WA0206-AT&T Si to
1/6
ti
Leased Premises The Leased Premises are described in Exhibit "B", attached
hereto and incorporated herein by reference
Term of the Lease. The Initial Term of the Lease shall be for five (5) years and is
subject to Tenant's right to extend the Term for five (5) additional five (5) year
terms
The parties to this Memorandum hereby ratify and confirm all the terms
and conditions of the Lease. If a conflict exists between the terms of the Lease and
this Memorandum, the terms of the Lease shall control
00
02
413
O
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[The remainder of this page intentionally left blank]
O
, O
6/9/98 WA0206-AT&T Site
2/6
IN WITNESS WHEREOF, the Landlord and Tenant have caused their
names to be signed as of the date and year first above written
"LANDLORD"
ROBERT E PRICKS, as his separate estate
By /1
Print Name a hp E. 4P1 r k
Title (') CL) N CO
Cri
t0
DONNA C NEAL, who acquired title as Donna C Fricks, as her separate estate
By
"4 Print Name
CO
© Title
O
O
"TENANT"
C)
GTE WIRELESS OF THE PACIFIC INCORPORATED, successor in interest to GTE
Mobilnet Incorporated
B l�'_"�
Y
Print ame- Michael H. illegan
Title Area President, Northwest
6/9/98 WA0206-AT&T Sete
3/6
r i
STATE OF WAS INGTON )
COUNTY OF _ )
Personally appeared before me, the undersigned, a Notary Public in and for
�t
id St to nd County duly commissioned and qualified,
LLcL5 and L�...`S� , with whom I am
personally acquainted, and who acknowledged that (s)he executed the within
instrument for the purposes therein contained
Witness my hand and seal of office this " day of , .
01111
Migiraq.. WO,. HERE
,„ 10 R 4.; ary Publi n d for the State of
oTA 4} „ Residing at
tee �,1c.�,� " My Commission Expir s .
' Print Notary's Namej--)c) 151)
1frll.L vit.
or \N,,,
Ts, STATE OF1,I6s }e,r\ )
.-K • COUNTY OF lL(Kt. )
K
Personally appeared before me, the undersigned, a Notary Public in and for
C the State and County aforesaid, Michael H Millegan, with whom I am personally
acquainted, (or proved to me on the basis of satisfactory evidence), and who, upon
oath, acknowledged himself to be the Area President, Northwest of GTE Wireless
GQ
of the Pacific Incorporated, a corporation, and that in such capacity he executed
the toregoing instrument for the purpose therein contained, by signing the name
of the corporation
Witness my hand and seal of office this 2.-D day of _
NOTARY SEAL HERE
��u Notary Public nd for the State of ci) �-
� ��g�•. .,.
oRR/,4n's.,� Residing at _ 1 E t)�t . ..
`, " �••,.._'t' '•,�� My Commission Expires _ I�� /o
c - 'fir G Print Notary's Name �� 1� ✓Y�ni.
toc
6/9/98 �i,,,;0,, PS���� WA0206-AT&TSite
4/6
EXHIBIT"A"
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER IN SECTION 10,
00 TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M. , IN KING COUNTY,
WASHINGTON;
EXCEPT THE WEST 42 FEET FOR 138TH AVENUE SOUTHEAST AS
CDCONVEYED TO KING COUNTY BY DEED UNDER RECORDING NO. 6387727.
® SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • ,. A
0
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O
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CO
6/9/98 WA0206-AT&T Site
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EXHIBIT "B"
DESCRIPTION OF LEASED PREMISES .
A lease of property for the construction. operation. and maintenance of a cellular site
located to the North Z75 feet of the West half of the East half of the Northeast quarter or
the Northwest quarter in Section 10, Township 23 North. Range 5 East of the W , in
Ktng County, Washington Lease area property more particularly described as folluwq
Commencing at the Northeast corner of the above described.property, thence along the
OD North line of said property North 88'18'5U" West 40.77 feet; thence South 0649'27"
East 63.72 feet to the t tuePoutt of Beginning;thence from said True Potnt of Beginning
South 15°49'2T' bast 35.50 Act,thence South 74°10'33"West 23 00 feet;thence North
15°49'27" West 35 50 feet;thence North 74'10'33" East 23 00 feet to the Trite Point of
Beginning,containing 816 5 square feet more or less.
0 Bearings referenced to Washington State Coordinate System North Zone NAD 83/91
404
fat
64)
6/9/98 WA0206-AT&T Site
6/6
Return Address: _ 1111111111111111'
After recording,please return toFirst American Title Insurance Company 2O®2052 �
7370 College Parkway,Suite 104 FIRST0 ERZ ®pG 4000346
Ft Myers,FL 33907 PAGE 01 O
Attn Melody Martin KING COUNTY, NAG
Phone (802)748-8324
Fax (802) 748-8502
ASSIGNMENT AND ASSUMPTION AGREEMENT
Reference numbers of related documents
on Exhibit B attached to the document
cam,
Grantor GTE WIRELESS INCORPORATED, A DELAWARE CORPORATION
(F/K/A GTE MOBILNET INCORPORATED)
Grantee GTE WIRELESS OF THE PACIFIC INCORPORATED, A DELAWARE
CORPORATION
Legal Description /l,)0r*)',West a IA ay WY 04- Sec4ri oY1 W U, Tv to 31 S)Yu++P
e2 3 NOY 0(1 -"&lyvie 5 EA-5) ) 1-0 n3
C t Yti j i L4M
Additional legal description is on Exhibit A to the document
Assessor's Property Tax Parcel Account Number(s) 10 a.3 03 9 a${nci
Washington Corrective Assignment and Assumption(Corporation)
ATLOI/I0673983v1 HIAZEN,WA0206
Recording requested By and When Recorded Cross Reference See Exhibit B
Mail to attached
After recording,please return to
First American Title insurance Company
7370 College Parkway,Suite 104
a.50 Ft Myers,FL 33907
Attn Melody Martin
® Phone (802) 748-8324
Fax (802) 748-8502
STATE OF WASHINGTON )
e.a COUNTY OF KING ) •
,sue
prim' )va3Ds�o81
trek ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement ("Assignment") is made effective and
entered into as of the 31st day of January, 2000, by and between GTE WIRELESS
INCORPORATED, A DELAWARE CORPORATION (F/K/A GTE MOBILNET
INCORPORATED), with its principal offices located at do GTE Wireless Incorporated, One
GTE Place, Alpharetta, GA 30004 (the "Assignor"), and GTE WIRELESS OF THE PACIFIC
INCORPORATED, a Delaware corporation, with its principal office at One GTE Place,
Alpharetta, Georgia 30004 (the "Assignee")
WITNES SETH
WHEREAS, Assignor desires to assign and Assignee desires to accept and acquire that
certain site lease, license, easement or similar agreement more particularly described on Exhibit
A attached hereto and incorporated herein by this reference (the "Site Lease"), and affecting the
- 2-
Washington Corrective Assignment and Assumption(Corporation)
ATIAi/10673983v1 HAZEN,WA0206
property and/or the premises more particularly described on Exhibit A-I attached hereto and
incorporated herein by this reference,
WHEREAS, if recorded, the Site Lease is evidenced of record as more particularly
described on Exhibit B attached hereto and incorporated herein by this reference,
WHEREAS, Assignor as lessor, landlord or licensor has leased or licensed tower space
on a telecommunications tower and/or ground space to the lessee(s), tenant(s) or licensee(s)
described in that certain lease or license agreement(s) more particularly described on Exhibit C
attached hereto and incorporated herein by this reference(the "Tower Lease(s)"),
WHEREAS, Assignor agreed to grant, contribute, convey, assign, transfer and deliver to
Assignee, and Assignee agreed to accept and acquire the Site Lease and the Tower Lease(s) and
to assume the Site Lease and the Tower Lease(s), •
NOW, THEREFORE, Assignor, in consideration of the premises, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby unconditionally grant, sell, convey, assign, transfer, set over and deliver all of its right,
title and interest in and to the Site Lease and the Tower Lease(s) unto Assignee without
▪ representation or warranty
Assignee hereby accepts such assignment and agrees to assume the obligations of
• Assignor that arise out of the Site Lease and Tower Lease(s),
Csd
tsra IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the • r.
day and year first written above
[remainder of page intentionally left blank, signature pages
for both Assignor and Assignee follow]
- 3 -
Washington Corrective Assignment and Assumption(Corporation)
ATLO1/10673983v1 HAZEN,WA0206
Signature Page for Assignment and Assumption Agreement
ASSIGNOR •
GTE WIRELESS INCORPORATED,A
DELAWARE CORPORATION (F/K/A GTE
MOBILNET INCORPORATED)
By 4II 6
4
Name jr" ,, A ft f h
Title Press - ' ;._'ring
Attest ,/124_..19,,e41. 24'?
Name
Title Dale S Voviip A ist,nr '-'-' ti
[Corporate Seal]
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF FULTON
ca
PA , a Notary c n d for s id County, in said State, hereby
a`t certi at and#� •V
Urk
c� S , whose name as
and f GTE it ess Incorporated, a Delaware
C`d corporation (f/k/a GTE Mobilnet Incorporated Ehe "corporation"), are signed to the foregoing
Assignment and Assumption Agreement, and who are personally known to me, acknowledged
c' before me this date, that being informed of the contents of the Assignment and Assumption
Agreement, each of them, as such officers, with full authonty, executed the same voluntarily for
and as the act of said corporation � ¢�
Given under my hand and official seal thi 1 '-day of January, 20001R
/0
Notary Public
My commission expires /off- /5- o? 00 6
Notarial Stamp/Seal]
r
, , 4 •
, r
-4 -
Washington Corrective Assignment and Assumption(Corporation)
ATLO1r10673983v1 HAZEN,WA0206
Signature Page for Assignment and Assumption Agreement
ASSIGNEE
GTE WIRELESS OF THE PACIFIC
INCORPORATED, a Delaware corporation
By allry-iName ' "
Title Presid ei -
Attest 2A -
Name
Title Dale S. Vow,
[Corporate Seal}
ACKNOWLEDGMENT
STATE OF GEORGIA
en' COUNTY OF FULTONN
I, l cS
aa� Notary Pt=acrid for s , ounty, in said State, hereby
ertrhat and whose name as
�-� Lee.TreL c c'- of GTE Wireless of the Pacific Incorporated (the • `
"corporation"), are signed to the foregoing A signment and Assumption Agreement, and who are
personally known to me, acknowledged befo e me this date, that being informed of the contents
eNt of the Assignment and Assumption Agreement, each of them, as such officers, with full
authority, executed the same voluntarily for and as the act of said corporation
Given under my hand and official seal this day of January, 20A
Notary Public
My commission expires /c- /5-c 000
[Notarial Stamp/Seal]
•
- 5 -
Washington Corrective Assignment and Assumption(Corporation)
ATL0 1/1 0673 983v1 IIAZFN,WA0206
EXHIBIT A
Site Lease Description
Lease Instrument dated 6/5/1997 by Robert E Fncks and Donna C Fricks, as Lessor and GTE
Wireless Incorporated, a Delaware corporation(f/k/a GTE Mobtlnet Incorporated), or Its
predecessors, as Lessee(as the same may have been heretofore amended or assigned)
•
0
a.1
ttrh
Washington Corres.tive Assignment and Assumption(Corporation)
A71,01/10673983v1 IHAZEN,WA0206
•
QUINT Al
(WA0206-Hazen)
The land referred to herein in described as follows
The North 275 feet of the West Half of the East half of the Northeast quarter of the
Northwest Quarter in Section 10, Township 23 North, Range 5 East W M, in King
County, Washington,
EXCEPT the West 42 feet for 138th Avenue Southeast as conveyed to King county by
deed under recording No 6387727
Situate in the County of King, State of Washington
Lci
ca
v
c-Na
Claa
A fL01110648856%1 W A0206-I lann
Section 8 Ling County,Virginia
EXHIBIT A-1 Cont...
DESCRIPTION OF LEASED PREMISES
A lease of property for the construction, operation, and maintenance of a cellular site located in
the North 275 feet of the West half of the East half of the Northeast quarter of the Northwest
quarter in Section 10,Township 23 North,Range 5 East of the W M, in King County,
Washington Lease area property more particularly described as follows
Commencing at the Northeast corner of the above described property, thence along the North
line of said property North 88° 38' 50"West 40 77 feet, thence South 15°49' 27"East 63 72
feet to the True Point of Beginning, thence from said True Point of Beginning South 15°49' 27"
East 35 50 feet, thence South 74° 10' 33"West 23 00 feet, thence North 15° 49' 27" West 35 50
feet, thence North 74° 10' 33"East 23 00 feet to the True Point of Beginning containing 816 5
square feet more or less
Bearings referenced to Washington State Coordinate System North Zone NAD 83/91
etti
S IJ/156660 I
cg7-
,.3
0
Lri
taal
•
1 egal Dcsmption HAZEN,WA0206 •
•
EXHIBIT B
Recording Information of Site Lease
Document dated (Q -5-`j7, recorded in King County, Washington Records as follows
Book Page Document#
) 0000(a 1- 000 6,3S
cn
3
a.=
Washington Corrective Assignment and Assumption(Corporation)
AfLA1/10673983v1 HA/FN,WA0206
EXHIBIT C
Co-Location Leases
Initial Lease(s) dated as Initial Tenants
follows
•
as the same may have been heretofore amended
czt
t1
•
Washington Corrective Assignment and Assumption(Corporation)
ATL01/10673983v1 1-IA7A.N,WA0206
•
Return Address: i; ing' j111
After recording,please return to 2002 0/g
4000347
First American Title Insurance Company FIRST AMERICAN AG
7370 College Parkway,Suite 104 PAG 001 OF 012 20 00
Ft Myers,FL 33907 KING4COOUNTY00UAA
Attn Melody Martin
Phone (802)748-8324
Fax (802) 748-8502
E1887273
03/24/2002 08.39
KING COUNTY, UA
SALNE $107,400 08 PAGE 001 OF 003
ASSIGNMENT AND ASSUMPTION AGREEMENT
J
en Reference numbers of related documents
on Exhibit B attached to the document
un Grantor GTE WIRELESS OF THE PACIFIC INCORPORATED, a Delaware
Qa corporation
CNA
.G:2
CNS
Grantee CROWN CASTLE GT COMPANY LLC, a Delaware Limited Liability
Company
Legal Description AR)i O1we 5\-• Q A Y e Y )N bee e l()n )C), -Towns}u p
No TaYSe5E03 , IA) in )61
C'o IA 0-9 , u-)Pt
Additional legal description is on Exhibit A to the document
Assessor's Property Tax Parcel Account Number(s) I n a,3 O S 9 OAS VI
•
Washington Assignment and Assumption(Corporation)
ATL01/10673593v1 IIAZEN,WA0206
Recording requested By and When Recorded Cross Reference See Exhibit B
Mail to _ _ attached
After recording,please return to
First American Title Insurance Company
7370 College Parkway,Suite 104
Ft Myers,FL 33907
Attn Melody Martin
rnone (802) 748-8324
Fax (802) 748-8502
.
Crki
cED
STATE OF WASHINGTON )
COUNTY OF KING )
r i) )Da3D5Co�
ery ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement ("Assignment") is made effective and
entered into as of the 31st day of January, 2000, by and between GTE WIRELESS OF THE
PACIFIC INCORPORATED, a Delaware corporation(succcessor in interest by assignment
from GTE Wireless Incorporated f/k/a GTE Mobilnet Incorporated), with its principal offices
located at do GTE Wireless Incorporated, One GTE Place, Alpharetta, GA 30004 (the
"Assignor"), and CROWN CASTLE GT COMPANY LLC, a Delaware limited liability
company, with its principal office at do Crown Castle International Corp, 510 Bering, Suite
500, Houston, Texas 77507 (the "Assignee") All terms not otherwise defined herein shall be
defined as set forth in that certain Formation Agreement, dated November 7, 1999, between GTE
Wireless Incorporation, a Delaware corporation, the Transferring Partnerships, the Transferring
Corporations, Crown Castle International Corp , a Delaware corporation, and Crown Castle GT
Corp, a Delaware corporation (the "Formation Agreement")
WITNESSETH
- 2-
Washington Assignment and Assumption(Corporation)
ATIAI/10673593v1 HAZEN,WA0206
WHEREAS, Assignor desires to assign and Assignee desires to accept and acquire that
certain site lease, license, easement or similar agreement more particularly described on Exhibit
A attached hereto and incorporated herein by this reference (the "Site Lease"), and affecting the
property and/or the premises more particularly described on Exhibit A-1 attached hereto and
incorporated herein by this reference,
WHEREAS, if recorded, the Site Lease is evidenced of record as more particularly
described on Exhibit B attached hereto and incorporated herein by this reference,
WHEREAS, Assignor as lessor, landlord or licensor has leased or licensed tower space
on a telecommunications tower and/or ground space to the lessee(s), tenant(s) or licensee(s)
described in that certain lease or license agreement(s) more particularly described on Exhibit C
attached hereto and incorporated herein by this reference(the "Tower Lease(s)"),
WHEREAS, pursuant to the Formation Agreement, Thrasher and the Transferring
Entities agreed to grant, contribute, convey, assign, transfer and deliver to Assignee, and
Assignee agreed to accept and acquire the Thrasher Contributed Assets and to assume the
Thrasher Assumed Liabilities, all as more fully described in the Formation Agreement,
WHEREAS, the Site Lease and the Tower Lease(s) comprise a portion of the Thrasher
Contributed Assets,and
q WHEREAS, pursuant to the Formation Agreement, Assignee has at the Initial Closing on
this date acquired a substantial portion of the telecommunications towers arid certain related •
assets of Assignor in several states in which Assignor does business, as evidenced in part by a
Global Contribution, Bill of Sale, Assignment and Assumption(the"Global Assignment")
e.� NOW, THEREFORE, Assignor, in consideration of the premises, and other good and
® valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
°mod hereby (and pursuant to the Global Assignment does)unconditionally grant, sell, convey, assign,
transfer, set over and deliver the Site Lease and the Tower Lease(s) unto Assignee, as a portion
of the Thrasher Contributed Assets, free and clear of all Encumbrances (other than Permitted
Encumbrances), as the same exist on the date hereof as set forth and to the extent provided in the
Formation Agreement
Assignee hereby accepts such assignment and agrees to (and pursuant to the Global
Assignment does) assume those Thrasher Assumed Obligations that arise out of the Site Lease
and Tower Lease(s), as set forth and to the extent provided in the Formation Agreement and
Global Assignment,
Assignor hereby acknowledges that the Tower Structure located on the premises demised
under the Site Lease, and which comprise a portion of the Thrasher Contnbuted Assets, has been
- 3 -
Washington Assignment and Assumption(Corporation)
ATL01/10673593v1 HAL!•N,WA0206
granted, sold, conveyed, assigned, transferred, set over and delivered to Assignee pursuant to and
under the Formation Agreement and Global Assignment, and
Assignee hereby acknowledges that, as of the date hereof, Assignor has located on such
Tower Structure certain equipment which is more particularly described on Exhibit D attached
hereto and made a part hereof (the "Assignor's Equipment"), which Assignor's Equipment . .
comprises a portion of the Thrasher Excluded Assets Assignee further acknowledges that
notwithstanding anything contained herein to the contrary, no right, title or interest in the
Thrasher Excluded Assets, including the Assignor's Equipment, is hereby transferred or assigned
to Assignee and all right, title and interest in and to the same is hereby reserved by and unto
Assignor
Notwithstanding anything herein to the contrary, the Thrasher Retained Liabilities are
specifically excluded from the Thrasher Assumed Liabilities and shall be retained by Thrasher at
and following the execution and delivery of this instrument and the Global Assignment
Neither the making nor the acceptance of this Assignment shall (1) constitute a waiver or
release by any party of any liabilities, duties or obligations imposed upon a party by the terms,
conditions and provisions of the Formation Agreement, including, without limitation, the
representations and warranties and other provisions which the Formation Agreement provides
shall survive the date hereof as limited by the survival periods stated therein or (ii) enlarge,
extend, restrict, limit or otherwise modify the terms, conditions and provisions of the Formation
Agreement, including, without limitation, the period of survival of the representations and
warranties provided for therein
o Copies of the Formation Agreement, the Global Assignment and the Site Lease are on
file in the offices of Assignor and Assignee
Cod
IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the
day and year first written above
a.,
[remainder of page intentionally left blank, signature pages
Csa
for both Assignor and Assignee follow]
- 4 -
Washington Assignment and Assumption(Corporation)
ATI.01/i0673593vi liA7FN,WA0206
Signature Page for Assignment and Assumption Agreement
ASSIGNOR '
GTE WIRELESS OF THE PACIFIC
INCORPORATED, a Delaware
corporation(succcessor in interest by assignment
from GTE Wireless Incorporated f/k/a GTE
Mobilnet Incorporated)
By �'./Y�
Name Jt„4" q f;;th
Title 1Fce President- Fl ik,c and Planning
Attest • '
Name •
Title
[Corporate Seal]
ACKNOWLEDGMENT
STATE OF GEORGIA
e•-•• COUNTY OF FULTON
a
I, n a Notary rc n and, for said County, in said State, hereby
o c rtr at a d9 lib s , whose name as
"g• 1 d of GTE Wireldss the Pacific Incorporated (the
"corporation"), are signed to the foregoing Asst nment and Assumption Agreement, and who are
cn personally known to me, acknowledged before a this date, that being informed of the contents
0•4 of the Assignment and Assumption greement, each of them, as such officers, with full
•cm authority, executed the same voluntanly for and as the act of said corporation
CV
Given under my hand and official seal thiF) f day of , 2000\
fle\ 4 Alt.". . ,. ,
Notary Public U
My commission expires /a- /5 a 00 6
[Notarial Statrip/Seal]
4'. 1
4
0 n. 41,
t 11.."
1 be0 `.�i. Cr j41 l
=,r i A, rS '00
r
'�� is
- s - - e:
Arr.01ir0673593v1 ''''r:wa9k�f> yrris,gnment aid Assumption(Corporation)
HALF,N,WA0206
Signature Page for Assignment and Assumption Agreement
ASSIGNEE
CROWN CASTLE GT COMPANY LLC, a •
Delaware limited liability company
By }W/
Name _DwA __yh_ t, ,,N ten_
Title Senior vier Prpcidene
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF FULTON
, the unders d, a Notary Public +i an f r u d Conty, in said State, hereby certify
that �. l hose name ast.e.ntor V tfLii&A,4. of Crown Castle GT Company
LLC, a Delaware limited Iiability company (the "company") is signed to the foregoing
Assignment and Assumption Agreement, and who is personally known to me, acknowledged
ee—
before me this date, that being informed of the contents of the Assignment and Assumption
Agreement, he/she, is such officer, with full authority, executed the same voluntarily for and as
the said act of the company .
ct 11
Given under my hand and official seal this `day of cflc)ar 20001)i
red
Notary Public
My commission expires )02-15-,WD Q b
[Notarial Stamp/Seal]
4
_ j y.�' •
irz."1+11 r�ti>
••.�sjrc .e'
- 6 -
Washington Assignment and Assumption(Corporation)
ATLOi/10673593v1 IiA7_FN,WA0206
EXHIBIT A
Site Lease Description
Lease Instrument dated 6/5/1997 by Robert E Fricks and Donna C Fricks, as Lessor and GTE
Mobilnet Incorporated,as Lessee(as the same may have been heretofore amended or assigned)
0
t=
cJ
LC,
Washington Assignment and Assumption(Corporation)
ATL0 1/1 0673 5 93v1 HA7EN,WA0206
Ea) Al
(WA0206-Hazen)
The land referred to herein in described as follows
The North 275 feet of the West Half of the East half of the Northeast quarter of the
Northwest Quarter in Section l 0, Township 23 North, Range 5 East W M, in King
County, Washington,
EXCEPT the West 42 feet for 13861 Avenue Southeast as conveyed to King county by
deed under recording No 6387727
Situate in the County of King, State of Washington
e..
0
Lrb
•c=s
A PIA 1/10648856v1 WA0206-Hazen
Section 8 king County,Virginia
EXHIBIT A-1 Cont...
DESCRIPTION OF LEASED PREMISES
A lease of property for the construction, operation, and maintenance of a cellular site located in
the North 275 feet of the West half of the East half of the Northeast quarter of the Northwest
quarter in Section 10, Township 23 North,Range 5 East of the W M, in King County,
Washington Lease area property more particularly described as follows
Commencing at the Northeast corner of the above described property,thence along the North
line of said property North 88° 38' 50"West 40 77 feet, thence South 15°49' 27"East 63 72
feet to the True Point of Beginning,thence from said True Point of Beginning South 15°49' 27"
East 35 50 feet, thence South 74° 10' 33"West 23 00 feet,thence North 15°49' 27"West 35 50
feet, thence North 74° 10' 33"East 23 00 feet to the True Point of Beginning containing 816 5
square feet more or less
Bearings referenced to Washington State Coordinate System North Zone NAD 83/91
STJ/156660 1
t--
CVI
Lin
as
Legal Description HAZEN,WA0206
EXHIBIT B
Recording Information of Site Lease
Document dated (9_c_ 7, recorded in King County, Washington Records as follows
Book Page Document#
a000 o ( 19 000 6,3$
m
ITN
Washington Assignment and Assumption(Corporation)
ATL01/10673593v1 IIAZEN,WA0206
EXHIBIT C
Co-Location Leases
Initial Lease(s)dated as Initial Tenants
follows
as the same may have been heretofore amended
cat
•
c.
Washington Assignmcnt and Assumption(Corporation)
Al L0 1/1 06 73 593v1 IIA7EN,WA0206
EXHIBIT D
•
Assignor's Equipment •
That certain equipment described and located as follows
Antenna(s)
•
Manufacturer Model Max ERP Dista TIP
nce Height
Cellwave AP199014 562 00 Ft 101 .
Cellwave AP199014 562 00 Ft
Cellwave AP199014 562 00 Ft
Cellwave AP199014 562 00 Ft
Cellwave AP199014 562 00 Ft
Cellwave AP199014 562 00 Ft
Microwave Equipment
ts,
Structure Primary
cry Manufacturer Model Height Center Line
N/A
CZI
Together with any receiving antenna(s) related thereto and miscellaneous materials
® associated therewith such as, without limitation, the mounts, cable, ladder, coaxial cable,
• other similar miscellaneous materials, and equipment cabinets or shelters, as applicable
Washington Asstgnmtml and Ascumption(Corporation)
ATIA1/10673593v1 IHA/1,N,WA0206
20141219000095.001
•
FILED FOR RECORD AT REQUEST OF
AND WHEN RECORDED RETURN TO:
Davis Wright Tremaine LLP
Attn:C. Eng
777 108th Avenue NE,Suite 2300
Bellevue,WA 98004-5149
20141219000095
DAVIS WRIGHT I LE 79.00
PAGE-001 OF 008
12/19/2014 09:11
KING COUNTY, WA
Space above this line is for Recorder's use.
Memorandum of Lease •
Lessor: Robert E. Fricks,Robert E. Fricks Jr.,Teresa L.George,
Ronald E.Fricks,Raymond E. Fricks and Richard E. Fricks
Lessee: Seattle SMSA Limited Partnership d/b/a Verizon Wireless
Legal Description: N275 Ft W t/PANE NE '/ NW 'A S I O,T23N,R5E,W.M.,
County of King, State of Washington
Official legal description as Exhibit A
Assessor's Tax Parcel ID#: 102305908109
Reference#(if applicable):
1
SEA HWY900
VZW Contract#122I3
b W T 24268182 v2 0052051.000032
20141219000095.002
3 ,
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE evidences that a Lease Agreement("Lease")was entered
into as of December 23, 1996,by and between Robert E. Fricks,Robert E.Fricks Jr.,Teresa L.George,
Ronald E. Fricks,Raymond E. Fricks and Richard E. Fricks, successor in interest to Robert E. Fricks and
Donna C.Neal,who acquired title as Donna C. Fricks(collectively"Lessor"),and Seattle SMSA Limited
Partnership d/b/a Verizon Wireless("Lessee"),for certain real property located at 11224 138th Avenue •
SE, Renton,County of King, State of Washington,within the property of Lessor which is described in
Exhibit"A"attached hereto("Legal Description"), together with a right of access and to install and
maintain utilities,for an initial term of five(5)years commencing as provided for in the Lease,which
term is subject to Lessee's rights to extend the term of the Lease as provided in the Lease.
IN WITNESS WHEREOF,Lessor and Lessee have duly executed this Memorandum of Lease as
of the day and year last below written.
LESSOR: Robert E. Fricks,Robert E. Fricks Jr.,Teresa L.George,Ronald E. Fricks,
Raymond E. Fricks and Richard E. Fricks
By:
Name: Robert E. Fricks
Date: rq'_ /3_ 4/
By: C �Q
Name: Robert E. Fricks,Jr.
Date: q_ 1? _11
By: & /Dt L.„&npok...)Name: Tere I...George
Date: 13 —/
BROM„t....)•&&;\.5....1
Name: Ronald E. Fricks
Date: O -\3_ 1.4.
[REMAINING SIGNATURES APPEAR ON NEXT PAGE]
2
SEA HWY900
VZW Contract#12213
DWT 24268182v2 0052051-000032
1 20141219000095.003
By:
Name: Raymo .Fricks
Date:
By:
Name: Richard Fricks
Date: Q//3/z07'
I
LESSEE: Seattle SMSA Limited Partnership d/b/a Verizon Wireless
By Cellco Partnership,its General Partner
By:
Brian Mecum
Area Vice President etw rk
Date: '/ /y /V
Exhibit A—Legal Description
•
•
•
SEA HWY900
VZW Contract NI22I3
DW r 24268182v2 0052051-000032
20141219000095.004
•
STATE OF 1/#95 f,,v'7 i )
) ss.
COUNTY OFi1ea )
•
of j-n this /3 day of 4 ;20 before me,a Notary Public in and for the State
4'/,ems' ,n/ ,personally appeared Teresa L.George,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 Her free and voluntary act and deed for the uses and purposes mentioned in the
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
William D.Hamilton,Notary Public NOTARY BLIC in and for the State of„ar,
My commission expires Jan.22,2018 residing at7• /L,A ,
My appointment a Tres is/ ,2�- = '!
Print Name 1,g,e,,tc • /�i,F2iN
•
STATE OF .r/j// /y)
) ss.
COUNTY OF�� )
40-1:49,risirvi
this/. day of,� / --- ,20.efore me, a Notary Public in and for the State
of ,personally appeared Ronald E. Fricks,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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
William D.Hamilton,NotaryPublic NOTARY PUBLC✓in d for the State of ,
t�
My commission expires Jan.22,2018 residing at p,,s 4J _
My appointment ex Tres 22 .Zp/
Print Name / '
4
SEA HWY900
VZW Contract ti12213
DWT 24267977v2 0052051-000032
20141219000095.005
•
STATE OF vcl )
) ss.
COUNTY OF !\.(vig
)
L On this � day of jk l,20 �,before me,a Notary Public in and for the State
�
of v-t.F- ,personally appeared Raymond E.Fricks,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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
Notary Public
State of Washington
IIERNIE GONZALO DAHL N UBLIC in and or the State of -,
MY COMMISSION EXPIRES residing at 2c44.
A HI @f,@®i0 My appointment expires `[/77/,t$
Print Name /4-4 r..
•
STATE OF�yi ,7/)
) ss.
COUNTY OF ,ram )
O this,67 day of ', 6.r ,20/before me,a Notary Public in and for the State
of,, r rj r;;;,v,personally appeared Richard E.Fricks,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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
NO AR P IC i,,fi�nd for the State of X",
William D.Hamilton,Notary Public residing at yir/1,,o a 4
My commission expires Jan.22,2018 My appointment e pies
Print Name. rr ..
•
•
5
SEA HWY900
VZW Contract#12213
DWI'24267977v2 0052051-000032
20141219000095.006
3
STATE OF LAJ \ _ )
) ss.
COUNTY OF \4,k\i\CI )
On thi S day of, l ,2014 before me,a Notary Public in and for the State
of , t,1k , i�;�1 , .ersonally eeared Raymond E. Fricks,personally known to me(or proved to
me on the •asis of s: isfactory 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
Notary Public
State of Washington
LEVINA ABERION NO L ' and f the State o
MY COMMISSION EXPIRES residing at
March 23,2018 ` _
,.,ti =.,,,w, My appoint e t fires 1��,.
Print Name
STATE OF
'�/� ) ss.
COUNTY OF Il/,rG )
of�n this/3 day of A.44-- , 201 before me,a Notary Public in and for the State
jy/,t/tt'/d/I( ,persona ly appeared Richa d E. Fricks,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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first .
above written.
,e . . .eve.r-ArZ,
NOTARY PW,IC in and for the State of-
William D.Hamilton,Notary Public residing at c,.y,t// ; Gfif L.
My commission expires Jan.22,2018 • My appointment exp. es ,et Af 2 A cv
Print Name rg ek ,s.,�4 .
•
SEA FIWY900
VZW Contract#12213
DWT 24268182v2 0052051-000032
•
20141219000095.007
LESSEE ACKNOWLEDGMENT
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
)ss.
County of Orange )
On NtDYember 6,2ot4 before me, Rk}t+-L-•co#c,..Fctr, ,Notary Public,
personally appeared Brian Mecum,
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument. • '
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WIC hand and official seal.
Signature of Notary Public
UTHL.CONCEPiON ommission" 207 a(i44� � :c1
olaryubli -Catotniat)�anaeCounMComm.Ex ices dun 7,2016
Place Notary Seal Above
7
SEA 11WY900
VZW Contract#12213
DWI'24268182v2 0052051-000032
20141219000095.008
•
r. a
•
EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER IN SECTION 10,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,IN KING
COUNTY,WASHINGTON;
EXCEPT THE WEST 42 FEET FOR 138TH AVENUE SOUTHEAST AS CONVEYED TO KING COUNTY BY
DEED UNDER RECORDING NO.6387727.
8
SEA HWY900
VZW Contract#I22I3
DWT 24268182v2 0052051-000032
.)
J U.S.BANK OF WASHINGTON 19=10
RENTON BRANCH 1250
lT VENDOR# DATE CHECK CHECKAMOUNT
0. CITY OF RENTON NUMBER
' ACCOUNTS PAYABLE 027482 06/30/2020 385039 $**1,030.00**
p
+ 1055 S.GRADY WAY
, >. RENTON,WA 98057
, Phone:(425)430-6919
"�1'f Phone:(425)430-6930 VOID AFTER 6 MONTHS
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH***"*
PAY PRICKS, RICHARD NON-NEGOTIABLE
TO THE 15706 SE LK HOLM RD MAYOR
ORDER AUBURN, WA 98092 `
NON-Ni E OTC 6At LE
OF
FINANCE&IS ADMINISTRATOR
003850390 1: L 25000 L05I: L5 3 5006913 3 181i'
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.385039
INVOICE NUMBER DATE -DESCRIPTION P.O.NUMBER DISCOUNT/RETAIN AMOUNT
Richard Fricks 06/22/2020 ROW PAYMENT, LOT 12, DUVALLAVE NE F 0.00 1;030.00,
•
1,030.00
U.S.BANK OF WASHINGTON 19-10
RENTON BRANCH 1250
411:17 0,4„ CITY OF RENTON vENDOR#„ : DATE CHECK AMOUNT , 6
f‘a " ACCOUNTS PAYABLE
027485 06/30/2020 385040 $ 5,150.00"
+ 1055 S.GRADY WAY
RENTON,WA 98057
n Phone:(425)430-6919
Phone:(425)430-6930 VOID AFTER 6 MONTHS
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH*****
PAY N N E(.!-1 OT IA E
FRICKS, ROBERT E
TO THE I 621 CAMAS AVE NE MAYOR
ORDER RENTON, WA 98056
NONEGOTABLE
OF
FINANCE&IS ADMINISTRATOR
1150 3a 501-1011. 1: in 25000 LO5,: 15350069831,80
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.385040
INVOICE NUMBER DATE • • .DESCRIPTION: ° , • • P.0 NUMBER ' DI5COONT/RETAIN : AMOUNT
Robert E. Fricks 06/22/2020 ROW PAYMENT, LOT 12,DUVALLAVE NE F 0.00 5,150.00
5,150.00
U.S.BANK OF WASHINGTON 19-10
RENTON BRANCH 1250
V8f V-Y 0 CITY OF RENTON VENDOR# ' ' ' `'DATE.. • NCHECKUMBER CHECKAMOUNT
ACCOUNTS PAYABLE 027486 07/02/2020 385303 $**1,030.00**
1055 S.GRADY WAY
RENTON,WA 98057
lvey° Phone:(425)430-6919 VOID AFTER 6 MONTHS
Phone:(425)430-6930
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH *****
PAY PRICKS, RONALD E '� x m13"^•Vi' Gt ,• `1 A 3�-y-j�;
TO THE 2001 24TH ST NW MAYOR
ORDER AUBURN, WA 98001-3308 �. Paq 4 :.. N1 �,,,pI1
Nti N �a'G�_�T A�<. (1._.E
FINANCE&IS ADMINISTRATOR
•
003853030 1: L 25000 LOS': L5 3 500 6 98 3 LEW'
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.385303 •
INVOICE NUMBER DATE DESCRIPTION P.O.NUMBER DISCOUNT/RETAIN AMOUNT
ROW/Ronald E. 06/22/2020 ROW PAYMENT, LOT 12, DUVALLAVE NE F 0.00 1,030.00
1,030.00
U.S.BANK OF WASHINGTON 1919=10
RENTON BRANCH - 1250
0.Y O� CITY OF RENTON VENDOR# DATE CHECK
NUMBER CHECKAMOUNT
+ p 1. ACCOUNTS PAYABLE 029454 07/02/2020 385304 $**1,030.00**
1055 S.GRADY WAY
j RENTON,WA 98057
N -v-re0 Phone:(425)430-6919
Phone:(425)430-6930
VOID AFTER 6 MONTHS
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH *****
PAY GEORGE, TERESA L V`, () o / L ,
TO THE 3818 SW 313TH ST MAYOR
ORDER FEDERAL WAY, WA 98023KION—n
FINANCE&IS ADMINISTRATOR
11'0385304u' 1: L 25000 LO5': L5 3 500 6 98 3 L8u'
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.385304
INVOICE NUMBER DATE DESCRIPTION . P,O.NUMBER DISCOUNT/RETAIN AMOUNT
ROW/Teresa L. 06/22/2020 ROW PAYMENT, LOT 12, DUVALL AVE NE F 0.00 1,030.00
•
•
1,030.00
U.S.BANK OF WASHINGTON 19=10
RENTON BRANCH 1250
1' bi CITY OF RENTON VENDOR# DATE CHECK CHECKAMOUNT
NUMBER'
ACCOUNTS PAYABLE 027483 06/30/2020 385037 $**1,030.00**
:rqh
+ 1055 S.GRADY WAY� RENTON,WA 98057
- � Phone:(425)430-6919
"NTH Phone:(425)430-6930 VOID AFTER 6 MONTHS
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH*****
PAY PRICKS JR, ROBERT E NON-NEGOTIABLE
TO THE 11357 SE 212TH LN -#63 MAYOR
ORDER KENT, WA 98031 NON-NEGOTIABLE
OF
FINANCE&IS ADMINISTRATOR
II'03E150370 1: L25000LOS': L5350069E13L8u'
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.385037
INVOICE NUMBER , ,, DATE, DESCRIPTION _P.O.NUMBER DISCOUNT/RETAIN AMOUNT
Robert E. Fricks 06/22/2020 ROW PAYMENT, LOT 12,DUVALL AVE NE F 0.00 1,030.00
1,030.00 ,
U.S.BANK OF WASHINGTON 19-10
RENTON BRANCH 1250
`111'O. CITY OF RENTON VENDOR#. DATE = CHECK CHECKAMOUNT
NUMBER
F' ACCOUNTS PAYABLE 027479 06/30/2020 385038 $**1,030.00**
+ + 1055 S.GRADY WAY
RENTON,WA 98057
�h
Phone:(425)430-6930 VOID AFTER 6 MONTHS
. y
��� Phone:(425)430-6930
PAY *****EFT PAYMENT NOTICE ONLY-DO NOT CASH *****
PAY PRICKS, RAYMOND k�0ikll- w°G�0I11 = LE .
•
TO THE 2 ALTA HILLS WAY MAYOR
ORDER LAGUNA NIGUEL, CA 92677
OF
FINANCE&IS ADMINISTRATOR
00 38 50 380 1: L 2 5000 L0 5I: L 5 3 500698 3 L8a'
•
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON,WA 98055 ACCOUNTS PAYABLE CHECK NO.385038
INVOICE NUMBER DATE - DESCRIPTION P.O.NUMBER DISCOUNT/RETAIN AMOUNT
Ray Fricks 06/22/2020 ROW PAYMENT, LOT 12, DUVALL AVE NE F 0.00 1,030.00
•
1,030.00
INSTRUCTIONS FOR DISBURSEMENT OF PROCEEDS TO
PROPERTY OWNERS
RE: City of Renton
Project-Name: Duvall Avenue NE Project
Tax Parcel No: 102305-9081-09
Property Address: 1 160 Duvall Ave NE
Project Parcel No: 12
FROM: Robert E.Fricks, Robert E.Fricks Jr.,Terresa L George,Ronald E. Fricks, Raymond E. Fricks
and Richard.E. Fricks
TO:City of Renton,
Proceeds due at closing from the above referenced real property transaction,are to be disbursed to the
undersigned parties and reported to the IRS(1099-S)as follows:
50%.to: Robert E.Fricks($5,150)
10%to Robert E.Fricks Jr.($1,030)
10%to Terresa L. George„($1,030)
10%to Ronald E. Fricks($1,030)
10%to Raymond.E. Fricks($.1,030)
10%to Richard E. Fricks($1,030)
R ricks
o ert E. ricks Jr..
lVC l ,/ 6 L Ct L
T esa L.George
na E: Fricks
Raymon .Fricks
what . Fric s
INSTRUCTIONS FOR DISBURSEMENT OF PROCEEDS TO
PROPERTY OWNERS
RE: City of Renton
Project Name: Duvall Avenue NE Project
Tax Parcel No: 102305-9081=09
Property Address: 1160 Duvall Ave NE
Project Parcel No: 12
FROM:Robert:E.Fricks,RObert E. Fricks Jr.,Terresa L George, Ronald E. Fricks,Raymond E. Fricks
and Richard E.Fricks
TO:City of Renton,
Proceeds due at closing froth the above referenced real property transaction,are to be disbursed to the
undersigned parties and reported to the IRS(1099-S)as follows:
50%to: Robert E.Fricks($5,150)
10%to RObert E.Pricks Jr.($1,030)
10%to Terresa L.George($1,030)
10%to Ronald E. Fricks($1,030)
10%to Raymond E..Fricks'($1,030)
10%to Richard E.Fricks($1,030)
Robert E.Fricks
Robert E.Fricks Jr.
Teresa L.George
Ronald E. Fricks
•
.'
Raymond E. Fricks
Richard E.Fricks
Armondo Pavon
Mayor
.�
Public Works Department
REVISED OFFER LETTER
April 27,2020
Robert E. Fricks,et al
1621 Camas Ave NE
Renton,WA 98056
RE: Project Name: Duvall Avenue NE
Tax Parcel No: 102305-9081-09
Dear Mr. Fricks:
In our letter dated January 22,2020,the City of Renton,offered to purchase property and/or property rights
owned by you and identified as parcel number 102305-9081-09 in the amount of$4,900.00.
The City has determined that this project will require additional utility easement from your property which
resulted in our offer to be revised. This revision makes it necessary to withdraw our earlier offer and make a
new offer.
In those cases where property rights being acquired involve a payment of less than$10,000 and less than
$25,000,the City administratively establishes the amount offered. This administrative offer is based on
market research performed by a person having sufficient understanding of the local real estate market. You
have the right to request the City appraise your property any time prior to accepting the offer. An
administrative offer of$10,300.00 is being made for your property or property rights.This offer consists of:
• $2,680.00 for 268 SF of land in Right of Way Easement
• $6,534.40 for 2,042 SF of land in Temporary Construction Easement for street improvements
• $1,000 1 Tree within the Easement area
You may wish to employ a professional appraiser or realtor to evaluate the City's offer. If you do so,we
suggest that you employ a well-qualified evaluator so that the evaluation report will be useful to you in
deciding whether to accept the City's offer.The City will reimburse up to$750.00 of your evaluation costs
upon submission of the bills or paid receipts.
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
Fricks,et al
Page 2 of 2
April 27, 2020
Your rights,as summarized in our earlier offer letter,remains unchanged. Please feel free to direct any
questions you may have to the City's representative from RES Group Northwest,Sonja Davis at(425)577-
2184.We look forward to working with you and we would appreciate a response to this offer at your earliest
convenience.
Sincerely,
Jim Seitz
Transportation Systems Director
Receipt of this letter is hereby acknowledged. I understand that this acknowledgement does not signify
acceptance or rejection of this offer.
Date:
Signature
Enclosure: Administrative Offer Report
Offer Letter dated 1/22/2020
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
Instrument Number: 202007' 100271 Document:EAS Rec: 13.50 Page-1 of 11
Excise Does: 3055065 Selling_ Ace: $0.00 Tax Amount: $10.OU Record Date:7/2/2020 8:23 AT
Electronically Recorded King County, WA
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton, WA 98057
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S 115E
Grantor(s): Robert E. Fricks, Robert E. Fricks Jr., Terresa L. George, Ronald E. Fricks, Raymond E.
I Fricks,and Richard E. Fricks
Grantee(s): City or Renton
Legal Description: N275FT OF W%OF E %OF NE '''A OF NW V. OF SEC. 10,T.23N., R.05 E.,W.M.,
KING COUNTY,SUBJ TO CM&ST P TRANS LN ESMT LESS CO RD
f Assessor's Tax Parcel Number: 102305-9081-09
Reference Number or Related Documents: N/A
RIGHT OF WAY EASEMENT
Duvall Avenue NE Project Project
The Grantor(s), Robert E.Fricks,Robert E. Fricks Jr.,Terresa L. George,Ronald
E. Fricks, Raymond E. Fricks and Richard E. Fricks, as their respective separate property,
and as tenants in common,for and in consideration of$10.00 and other valuable consideration,
receipt of which is hereby acknowledged, does hereby grant and convey unto the City of
Renton, a municipal corporation, and its successors and assigns (the Grantee), for use by the
public forever, from the property legally described on Exhibit "A" — Entire Parcel (the
"Property"), attached hereto and incorporated by this reference, a permanent right of way
easement, for the purposes described below, over, in, on, along, across, through, below and
upon, the portion of the Property legally described on Exhibit "B", (the "Right of Way •
Easement") and depicted on Exhibit"C", which are attached hereto and incorporated by this
reference.
The Grantee and its agents,designees and/or assigns,and the public,shall have the right
at such times as deemed necessary by Grantee,to enter upon, over, under and across the Right
of Way Easement to inspect, construct, reconstruct, operate, use, travel on, maintain, repair,
replace and enlarge the public rights-of-way for all public purposes,including but not limited
to, motorized and nonmotorized vehicular travel lane, landscaping, sidewalks, street lights,
Parcel No. 102305-9081-09
Page I of(-7--)9Pages
Instrument Number: 202007 100271 Document:EAS Rec: 3.50 Page-2 of 11
Record Date:7/2/2020 8:23 A King County, WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
RIGHT OF WAY EASEMENT
utilities (including without limitation water, sewer, storm water, electric, gas,
telecommunications, cable and fiber optics, either owned or operated by Grantee or those
utilities which provide service to Grantee or its citizens and are operated by permission of
Grantee through franchise or permit)appurtenant slopes,cuts, fills and retaining walls, together
with the right of ingress and egress thereto without prior institution of any suit or proceedings
and without incurring any legal obligation or liability therefore.
THIS EASEMENT is executed and delivered and said easement is granted upon the following'
conditions to wit:
1. The Grantor, its heirs,executors,administrators,successors and assigns,hereby releases
the Grantee, its agents and employees, assigns and successors from any and all liability for
damage to the remaining lands resulting from this conveyance, and construction and
maintenance of the right of way, provided the Grantee, its agents and employees, assigns and
successors shall, as soon as practicable, after construction of the retaining wall and all
subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and
presentable condition.
2. Grantor shall not interfere in any manner with the easement rights granted to Grantee
and the public in this Right of Way Easement. Without limitation,Grantor shall not(1) erect
or maintain any buildings,structures,or improvements within the Right of Way Easement;(2)
} disturb the lateral or subjacent support of the roadway, sidewalks, utilities and other
improvements and uses of the Right of Way Easement by Grantee, or undertake any form of
construction or other activity that may disturb or damage the roadway, sidewalks, utilities, or
other improvements or uses of the Right of Way Easement by Grantee;or(3)plant trees,shrubs,'
or other vegetation having deep root patterns that may cause damage to or interfere with the use
of the streets,sidewalks,or utilities.
3. The rights granted herein shall not be construed to interfere with or restrict the Grantor,'
its heirs,executors,administrators,successors and assigns from the use of the Property outside
of the Easement Area for the construction and maintenance of property improvements outside
of the Easement Area.
4. This Right of Way Easement and the rights,obligations and covenants stated in
this Right of Way Easement shall run with the land and shall be binding upon and shall inure
to the benefit of the Grantor and Grantee. This Right of Way Easement shall be recorded with
the King County Recorder's Office.
5. It is understood and agreed that delivery of this Right of Way Easement is hereby.
tendered and that the terms and obligations hereof shall not become binding upon City of
Renton unless and until,approved hereon in writing by City of Renton.
Parcel No. 102305-908I-09
Page 2 of( 49Pages
PLEASE MAKE NO MARK IN TI IE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 2020071 - 100271 Document:EAS Rec: 3.50 Page-3 of 11
Record Date:7/2/2020 8:23 A": King County, WA
PLEASE MAKE NO MARK IN TIIE MARGIN SPACE-IIESF.RVED FOR COUNCY KECOKOEWS USE ONLY
RIGHTOFWAY-EASEMENT"
Dated: June 11 ,20 20.
Grantor:
ricksd
Robert E. Friek.s Jr.
•
Teresa L.George
°amid E.Fricks
•
Raym Fricks
ichard E.Fricks
Accepted and Approved
City of Renton
By
(ts Transportation irector
Date 6/11/2020
Parcel No. 102305-9081-09
Page 3 of(-7-)9Pages
PLEASE MAKE NO NIARK IN ME MARGIN SPACE-RESEIINEb FOit COUNTY RECORDEIUS USE ONLY
Instrument Number: 20200'7 )00271 Document:EAS Rec: 13.50 Page-4 of 11
Record Date:7/2/2020 8:23 Al., King County, WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY
RIGHT OF WAY EASEMENT
I i
Dated: ,20�_
G ra.ntor:
Robert E. Fricks
Robert E.Fricks Jr.
Teresa L.George
i I
ono E. Fricks
Ra on rtahl
Richard E.Fricks
� I
Accepted and Approved
City of Renton
By
•
Its Transportatib�ra Director
Date 6/11/2020
Parcel No. 102305-9081-09
Page 3 of(4-)9Pages
PLEASE MAKE NO MARL:IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 202001 000271 Document:EAS Rec: ,'13.50 Page-5 of 11
Record Date:7/2/2020 8:23 A King County, WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
RIGHT OF WAY EASEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/herr'their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this /1.., day of ty ,.,20 /''.
(SEAL) .w.
Qtt; blicw -_
---\.‘JA gl))elb/7
- 8 4 e Printed me
I ' = OTM �J
N • Residing at___Al,�*. (a -t�
°�" PUBLIC ",
s®APN'�$0p�+i'fxAlflEsnn• .CCN My appointment expires_ea )
eto 0`WA�No��a,:
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks Jr.,to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the ilspc and pIIrpnce`therein mentioned.
DATED this ,/day of ..M 201
��re,A d,ta�ee otary Public
A�
r e NOTAJ PrintecName
r •
i to o PU ti
BLIC . Residing at
IIa9Jj;i fXPIREs��s"��Q My appointment expires /,€Plcolje:97i-
44Op WASNNt�
�a®te®� `V�
Parcel No. 102305-9081-09
Page 4 of(--7-)9Pages
PLEASE MAKE NO MARK IN TILE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
Instrument Number: 202007" )00271 Document:EAS Rec: 13.50 Page-6 of 11
Record Date:7/2/2020 8:23 Ai.. King County, WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUtdTY RECORDER'S USE ONLY
RI( HT CIF WAY F.ASFMF.NT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Teresa L. George, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.
AA
DATED this _2Pday of „, -,20
(sue NJA ,b�++ ubli
.. _
GjO- 3269%'It,�cP
gal
' = t4TARk •
Printed ame
/ 'y`�, ,�o'tiz Residing at
4tS1 ram4
,e4 i F H My appointment expires
��'
gqt�sa WAS"''''
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Ronald E. Frleks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary actand deed,for the uses and purposes therein mentioned.
DATED this 8 t zlay of h/'` ,20
(SEAL)
..oe%art q ary Pu lic
zsr ®�i3asss,t�/�� 'l °
-
AP
p �AOTAR) t o Prince ame
/
j ,e I-p BLIC `^ j Residing at �`kjfi" k W
V C7 0 cg-
® ' 6.4f E' 11 ,4® My appointment expires_�a�
@ tt XPlRES W, .
6N �e� �!
aat' OF 1WAS034 4"�
Parcel No. 102305-9081-09
Page 5 of(4-)9Pages
...........: ....
PLEASE MAKE NO MARK INTI IE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 202007 ,)00271 Document•EAS Rec: 13.50 Page-7 of 11
Record Date:7/2/2020 8:23 Ai.. King County, WA
PLEASE MAKE NO MARK IN TUE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY
i RIGHT OF WAY EASEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Raymon E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instent,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,fort uses and purposes therein mentioned.
DATED this day of 70
(SEAL) —k ...
Notary Public
Printed Name
Residing at
My appointment expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Richard E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this /c day of ,/f, r ,
'IAA ®� oe.h o P lic
d~g %%
G34
q c326gS°q eeP®o � •
o \1OT-A!J). oam Prmede
^
i 04' PUBUOa a Residing at....,,e ifj r1..�.
ic
B `+�o%%%%%%•` C My appointment expires /+ '11 s ,
Parcel No. 102305-9081-09
Page 6 of. 49Pages
PLEASE MAKE NO MARK INIIIE MARGIN SPACE-RES.;RESERVED FOR
UNTYRECORD.,. USE
....._..__._..._._._......._...
ERVED FOR COUNTY RECORDER'S ONLY,
Instrument Number: 202007 )00271 Document:EAS Rec: 13.50 Page-8 of 11
Record Date:7/2/2020 8:23 Ai.' King County, WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
MIGHT GF W Y EASEMENT
STATE OF
ss.
COUNTY OF Kt
On this day personally appeared before me Raymond E. Fricks,to me known to be the individual
described in and who executed the within and foregoing instrument,and acknowledged that hPJ-+ sujcSigr+pd the
same as his/honithsek.free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this 2- day of ,20 \
(SEAL)
otary �'ublic s
w
MIKE LEA ® Pt nted Name ��
COMM 2165192
U ? NOTARY Pdl8LIC'CALIFORNIA Residing atZil 1.11. bi4k0 c� 1� `-1►� l'1 3
5 �,� '} ORANGECOUPtiY L11
el; xra My Tao Exp.October 17,2020..
My appointment expires 'slek\r)VV)-3T�
STATE OF WASHINGTON
ss.
COUNTY OF KING j
On this day personally appeared before me Richard E. Fricks, to rtxs. known to be the individual(s)
described in and who executed the within and foregoing instrument,and aclo (edged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and pure s ses therein mentioned.
DATED this day of ,20_
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
Parcel No. 102305-9081-09
Page 6 of(-7)9 Pages
PLEASE MAKE NO MARK IN TI IE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE DNLY
, -
Instrument Number: 202007' )00271 Document:EAS Rec: .13.50 Page-9 of 11
Record Date:7/2/2020 8:23 A King County, WA
PLEASE MAKE NO MARK IN TEM MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY
„.
EXHIBIT"A"
ENTIRE PARCEL
EXHIBIT A
PROPERTY DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
(PER QUIT CLAIM DEED, RECORDED UNDER AUDITOR'S FILE NO. 20051215000432)
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST •
QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
•
•
•
Ka, .
„•
,• • /4'. ;
46B89 s,
cr,s.,0:41!I:
•
114*241° •
Parcel No. 102305-9081-09
Page 7 of 9)9Pages
„ . , .„....... ,,
PLEASE MAKE NO MARK IN TIN!MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 202007 100271 Document:EAS Rec: )13.50 Page-10 of 11
Record Date:7/2/2020 8:23 Al.. King County, WA
PLEASE MAKE NO MARK IN 771E MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
RIGHT OF WAY EASEMENT
EXHIBIT"B"
RIGHT OF WAY LEGAL DESCRIPTION
EXHIBIT B
PERMANENT EASEMENT DESCRIPTION
NW 1/4 ®F SEC.0 10, T. 23 N., R`
R. 05 E., .M.
CITY OF EN RENT ON, KING COUNTY, WA
A PORTION OF THAT PROPERTY DESCRIBED IN QUIT CLAIM DEED,
RECORDED UNDER AUDITOR'S FILE NO. 200131215000432, KING
COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY UNE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52' WEST 47.96 FEET ALONG SAID
RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH B9'59'08' EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
30.50 FEET; THENCE NORTH 89'59'OB' WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH OO'00'52' EAST 30.50 FEET
ALONG SAID RIGHT—OF—WAY UNE TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH A PORTION OF SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE Or DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00130'52" WEST 214.46 FEET ALONG SAID
RIGHT—OF—WAY LINE TO THE TRUE POINT OF' BEGINNING; THENCE
SOUTH 89'59'OB" EAST 5.00 FEET; THENCE SOUTH 00'00'52' WEST
23.00 FEET; THENCE NORTH B9'59'08' WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 23.00 FEET
ALONG SAID RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 268 SQUARE FEET, MORE OR LESS.
.� t;'"
,f
14,.ea t6 1.4fi=69 4+ 1.. s
AL LANO
4-307.0
Parcel No. 102305-9081-09
Page 8 of- )9Pages
PLEASE MAKE N9 MARK IN 771E MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 202007, 100271 Document:EAS Rec: 43.50 Page-11 of 11
Record Date:7/2/2020 8:23 A . King County, WA
„__, „_�„__._•__ ,. •___ T PLEASE MAKE NO MARK IN THE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY
RIGHT OF WAY EAk.O.Mt er _._..
EXHIBIT 66C"
GRAPHIC DEPICTION
' EXHIBIT C
PERMANENT EASEMENT
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E.,W.M.
CITY OF RENTON, KING COUNTY,WA
,. __, _.. NE 12th ST tPRIVAT'EJ___.®.___
P,O.C. S00'00'52'W
47.96'
I �Sd�S9'08"E
T.P.0.9. S0000'521V
NO0''00'52'E . 1 30.50'
•
I P 59"V
•
Ili !
U.1 (APN 10Z3059081)
> ` FFRICKS ROBERT E SR
S-JI 1160 MALL AVE NE 98059
< Di
n
C] S8919'061
5.00'
T.P.O.B.
mown I'll 500'00'S2Y1
+ N6s5908°W
5.00'
�!� '
TOTAL.AREA I II —-----—- —--- a 50' •
268 SO. FT. I I Paramedic
LEGEND
•
P.O.C. POW OF COIJ6ffJKx]LfNr ' Q 4 ro$, �40 ��"
' T.P.O.B. zRLIF PONa OF BEGINNING h 4y
r/////.///7///////27/•. PeWlexr mama AREA J rN; a,.�'
PROPOSED PENMEN EASEMENT LINE s•_ Ali �r
-- -- E70111NG R1GHr OF WAY UNE i� 46889
[ �673S4ALS LAN 4i. 1
APN XXXXXXXXXXX LONG COUNTY TAX PARCEL RUNE�R
- �'""
Parcel No. 102305-9081-09
Page 9 of(4-}9Pages
....
PLEASE MAKE NO MARK IN THE MARGIN SPACE.-RESERVED FOR COUNTY RECORDER'S UONLY
Instrument Number: 20200623000947 Do, mt:EAS Rec:$113.50 Page-1 of 11
Record Date:6/23/2020 11:05 AM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY PRISCILLA HARPER,DEPUTY
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton, WA 98057
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED POE COUNTY RECORDER'S USE
Grantor(s): Robert E. Fricks, Robert E. Fricks Jr., Terresa L. George, Ronald E. Fricks, Raymond E.
Fricks,and Richard E. Fricks
Grantee(s): City of Renton
1 Legal Description: N275FT OF W %:OF E %OF NE lei OF NW 'A OF SEC. 10,T.23N., R.05 E.,W.M.,
KING COUNTY,SUBJ TO CM&ST P TRANS LN ESMT LESS CO RD
9f Assessor's Tax Parcel Number: 102305-9081-09
Reference Number of Related Documents: N/A
TEMPORARY CONSTRUCTION EASEMENT
E .
Duvall Avenue NE Project
This Temporary Construction Easement (the "Construction Easement"), is made and
entered into this 11 day of June ,20 20,by and between Robert E.Fricks,Robert
E. Fricks Jr., Terresa L. George, Ronald E. Fricks, Raymond E. Fricks and Richard E.
Fricks, as their respective separate property, and as tenants in common, ("Grantor"), and the
City of Renton, a municipal corporation("City"or"Grantee"),its successors and assigns.
For Good and Valuable Consideration, receipt of which is hereby acknowledged,
Grantor, as the owner of that certain real property legally described on Exhibit "A"—Entire
Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to
the City, two thousand and forty-two(2,042) square foot temporary easement area for minor
clearing and grubbing and excavation and fill and construction purposes in, on,over,through
and across that portion of the Property described on Exhibit "B" (Easement "Area") and
depicted on Exhibit"C", which are attached hereto and incorporated by this reference, for the
purpose of Temporary Construction Easement; protecting existing public and private
improvements in the immediate vicinity of the Project area; and repairing, restoring and/or
I reestablishing any improvements disturbed while undertaking the Project activities described
above.
The temporary rights granted in this Construction Easement shall be effective upon
execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours
1 Page I of 9 Pages Parcel No. 102305-9081-09
Instrument Number: 20200623000947 Doi nt:EAS Rec:$113.50 Page-2 of 11
Record Date:6/23/2020 11:05 AM King Col _,WA
PLEASE MAKE NO MARK IN TIE MARGIN SPACE•RESERVED FOR COUNT Y RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
notice to the Grantor of its intent to commence construction. The temporary rights granted to
the Grantee shall automatically terminate and be null and void(i)twenty four(24)months after
the execution of this easement or(ii)upon restoration of any existing improvements disturbed
by the Grantee within the temporary easement area,whichever is Iaer,but in no event later than ,
December 31 2023.
The Grantee agrees to hold harmless, indemnify and defend the Grantor from and
against any and all claims,losses or liability,for injuries,sickness or death of persons,including
employees of the Grantee, or damage to property,arising out of the exercise of Grantee's rights
under this Construction Easement or any willful misconduct or negligent act,error,or omission
of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in
connection with the Grantee's activities authorized by this Construction Easement, provided,
however,that:
(a) The Grantee's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the
sole willful misconduct or sole negligence of the Grantor;and
(b) The Grantee's obligations to indemnify, defend and hold harmless for injuries,
sickness,death or damage caused by or resulting from the concurrent negligence
or willful misconduct of the Grantee and the Grantor, or of the Grantee and a
third party other than an officer, agent, contractor or employee of the Grantee,
shall apply only to the extent of the negligence or willful misconduct of the
Grantee(including an officer, agent,contractor or employee of the Grantee).
Grantee shall, at its sole cost and upon completion of the work within the Easement
Area, fully restore the surface and subsurface of the Easement Area and any public or private
improvements disturbed by or destroyed during the execution of the work, as nearly as
practicable,to the conditions as of the effective date of this easement.
It is the intention of the parties that this document be strictly limited to and for the
purposes expressed.
This Construction Easement and covenants herein shall be recorded with the King
County Recorder,shall run with the land described herein,and shall be binding upon the parties,
their successors,heirs and assigns.
Grantor covenants that it is the lawful owner of the above-described property and has
authority to convey such easement.
It is understood and agreed that delivery of this Construction Easement is hereby tendered
Page 2 of(9)Pages Parcel No. 1 02305-908 1-09
PLEASE MAKE NO MARK IN TILE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Dot nt:EAS Rec:$113.50 Page-3 of 11
Record Date:6/23/2020 11:05 AM King Coi • _ ,WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
and that the terms and obligations hereof shall not become binding upon the City of Renton,
unless and until accepted and approved hereon in writing by the City of Renton.
Dated: June 11 ,20 20
Grantor:
€ 4144.
ricks
.104/
o ert E.Fricks Jr.
Teresa L.George
R Wald E. ricks
Raymond ` .Fricks
''.chard E.Fricks
Accepted and Approved
City of Renton
By 4:4 1.(4.
Its Tran s ortatiKn Director
p Date 6/11/2020
Page 3 of(9)Pages Parcel No. 102305-9081-09 '
PLEASE MAKE NO MARK IN TI IE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Doc nt:EAS Rec:$113.50 Page-4 of 11
Record Date:6/23/2020 11:05 AM King Col _ WA
PLEASE MAKE NO MARE IN TI IE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY ,.
TEMPORARY CONSTRUCTION EASEMENT I.
and that the terms and obligations hereof shall not become binding upon the City of Renton,
unless and until accepted and approved hereon in writing by the City of Renton.
Dated: June 11 -20 20
Grantor:
Robert E. Fricks
Robert E.Fricks Jr.
Teresa L.George
is E.Fr►eks
ymond E.Fricks
Richard E.Fricks
Accepted and Approved
City of Renton
By� � u2G
Its TransportatiolDirector
Date_6/11/2020
� f
Page 3 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK rN TUUE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Doc nt:EAS Rec: $113.50 Page-5 of 11
Record Date:6/23/2020 11:05 AM King Cot____„WA
PLEASE MARS NO MARK IN SP&E MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRI1CTION F.ASFMFNT
STATE OF WASHINGTON •
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.
DATED this . /7 day of , / . ��,_ , ,20 .
(SEAL)
,,,.0.1.®Ittq u IC ,.
.0000%
Prints ame
I NOTAR). v
PPUBSti I m Residing at d ,kf f_____----_.d...
® 10' „�� I
Oa-0,;1f ,,,0, ©' � My appointment expires,� ei -'" ,• '... •
®�'� ''''ilPiREs�...- 6�Q
1
• STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks Jr., to me known to be the individual(s) ,
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this /a day of_ f 42 . , ,20 3
(SEAL) U fr� a.„,,,,_
.,a."IA®/4 ,1 t t„f ary P 1k
.. e uW
°e Printe `ame ,
!, ,%' Puss ,�J o Residing at /P'k/ �,,....
J► I, o= : I
P®®-reNf EXPIRES1:"r��_= My appointment expires 11?-/„ / _
'IA n/MO%. ."
t ti'ttWoNC®
Page 4 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN TIIE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Doc -nt:EAS Rec:$113.50 Page-6 of 11
Record Date:6/23/2020 11:05 AM King Coi .WA
PLEASE MAKE NO MARK IN'n IS MARGIN SPACE•RESERVED FOR CO6'NTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before rue Teresa L. George, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned. •
DATED this ellday of 4( ,20
(SEAL) �R��'w"
�� b q ryiiblic
tt
S h 9,):111s Print Name. . . .
m NOTE'
rr'.;d��°UBLIG ems' Residing at 1�.,fI' I�Ctl�i
Pfi'4%IO EXPIRES$-41..Q: My appointment expires l.2-1,2i41�
`¢a WASH'
sn F \
0
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Ronald E. Frisks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this_ ",day of ,20 '--- '
(SEAL) 64' ._ . ._
ry blic
tUA
1q 7
t3289s4<11%,0 Printeo Name
NO7� i Residingat
5v..-......w._w..._,....�..y..........�
d'1'16y r—UBLIC .t m`�, My appointment expires� ge1 .._�
p �'I IP12ES,a~8'4
goop� 't\"
qEa�cokwa4'WAS ��
Page 5 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK INTIIE MARGIN SPACE•RESERVED FOR COU:EY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Doc. nt:EAS Rec: $113.50 Page-7 of 11
Record Date:6/23/2020 11:05 AM King Cot , _ WA
PLEASE MAKE NO MARK 114THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT ,
STATE OF WASHINGTON '
ss.
COUNTY OF KING 7 .
On this day personally appeared before me aymond E. Fricks,to me known to be the individual(s)
described in and who executed the within and fore ing instrument,and acknowledged that he/sheithey signed the
same as his/her/their free and voluntary act an eed,for the uses and purposes therein mentioned.
DATED this, ... day of ,20___,-,,
(SEAL) M ____
Notary Public
____ Printed Name — �
Residing at '
My appointment expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Richard E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/sheithey signed the,
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this ( day of_,-,-„, „„ __,,,,g 20
(SEAL` _. _ )/7)"..),'
.,�+�;A ��t'� otary Public '
e
v �OT Y � Printed Name
o 0.0..... d
o n PUBLIC,tvi. , Residing at_ ri/r'i'r
/ 17iA/ f i.PIREs► 0 °64 if appointment expires-r/ /?o , . .
@ ®p WASM.:-a
44t
Page 6 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Dor !nt:EAS Rec:$113.50 Page-8 of 11
Record Date:6/23/2020 11:05 AM King Co _,WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
STATE OF W
ss.
COUNTY OF"KING.
On this day personally appeared before me Raymond E. Fricks,to me known to be the individual(1•L
described in and who executed the within and foregoing instrument,and acknowledged that heLcbeiLbey sign"4i the
same as his/hew/their-free and voluntary act and deed,for the use and purposes therein mentioned.
DATED this 2 rd `ay of V . ,20-'426.
(SEAL)
blic .rr
�`c " MIKE LEE Printed Name
tr) COMM...2165192 n 440C 1- S_3
C„) . ,tQl��r NOTARY PU8l1GCALIFORNIA --I Residing at 'L'2. c'f
Ip ` I ORANGE COUNTY W
Kln,xsu My Term Exp.Oci_ _ IT,2Q20 My appointment expires_ . \%?N.'). )-a
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Richard Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instru 4nt,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the es and purposes therein mentioned.
DATED this day of ,20
(SEAL)
Notary Public
Printed Name
I r
Residing at
My appointment expires
t `
Page 6 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Do nt:EAS Rec: $113.50 Page-9 of 11
Record Date:6/23/2020 11:05 AM King Col _,WA
PLEASE MAKE NO MARK IN T/IE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
PROPERTY DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
(PER QUIT CLAIM DEED, RECORDED UNDER AUDITOR'S FILE NO. 20081215000432)
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Wt.
stf., oi gASii/ccx
• V:, 11/
xStro se
11-9-zow
Page 7 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
Instrument Number: 20200623000947 Doc ,nt:EAS Rec: $113.50 Page-10 of 11
Record Date:6/23/2020 11:05 AM King Co'_-_ ,WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDERS USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
NW 114 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
A PORTION OF THAT PROPERTY DESCRIBED IN QUIT CLAIM DEED,
RECORDED UNDF AUDITOR'S FIE NO. 20081215000432, KING
COUNTY RECORDS, SAID PORTION BEING MORE PARTTCUTARLY
DESCRIBED AS FOLLOWS: •
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY. ALSO
BEING THE EASTERLY RIGHT-OF-WAY UNE OF DINALL AVENUE
• NORTHEAST; THENCE SOUTH 88'37'32' EAST 5.00 FEET ALONG THE
NORTH LINE OF SAID PROPERTY; THENCE SOUTH 00'00'52" WEST
42.84 FEET; THENCE SOUTH 89'59'08' EAST 5.00 FEET; THENCE
SOUTH 00'00'52" WIRT 40.50 FEET; THENCE NORTH 89'59'08' WEST
5.00 FEET; THENCE SOUTH 0O'00'52' WEST 112.49 FEET; THENCE
SOUTH 44'59'08" EAST 23.33 FEET; THENCE SOUTH 00'00'52' WEST
27.00 FEET; THENCE SOUTH 45'00'52' WEST 23.33 FEET; THENCE
SOUTH 00'00'52" WEST 21.92 FEET TO THE SOUTH LINE OF SAID
PROPERTY;THENCE NORTH 89'00'27' WEST 5.00 FEET ALONG SAID
SOUTH UNE TO SAID RIGHT-OF-WAY LINE; THENCE NORTH 00'00'52"
EAST 40.33 FEET ALONG SAID RIGHT-OF-WAY UNE; THENCE SOUTH
89'59'08" EAST 5.00 FEET; THENCE NORTH 00'00'52" EAST 23.00
FEET; THENCE NORTH 89'59'08' WEST 5.00 FEET TO SAID
RIGHT-OF-WAY UNE; THENCE NORTH 00'00'52" EAST 136.00 FEET
ALONG SAID RIGHT OF WAY UNE; THENCE SOUTH 89'59'08" EAST 5.00
FEET; THENCE NORTH 00'00'52" EAST 30.50 FEET; THENCE NORTH
89'59'08" WEST 5.00 FEET TO SAID RIGHT-OF-WAY UNE; THENCE
NORTH 00'00'52' EAST 47.96 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 2,042 SQUARE FEET, MORE OR LESS.
G 14.
C•T
rsTs
Page 8 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE>RESERVED FOR COUNTY RECORDER'S IISE ONLY
Instrument Number: 20200623000947 Dot ;nt:EAS Rec:$113.50 Page-11 of 11
Record Date:6/23/2020 11:05 AM King Co :,WA
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
NW 114 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
T.P.O.B. S88'37'32'E
a 5.00' _ NE 12th ST(PRIVATE)
lip -- 900'00'52'i ------ -- .
'O9s '1 42.84. 9'08'E
�I! 5.00'
N89'59�1V �
5.00'
r S00'00'52111
NO0'00'521E 110 40.50'
ses'Ss'os°E pig
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5.00' / N89'59'O8'W .
I 0 5.00' ( APN 1023059081)
! FRICKS R09ERT E SR
LLI / 1160 DUVALL AVE NE 98059 ,.
,V~a
LSD N00'00'52'E ,! '
136.00' !g
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S44'59'081
N89 59'08'W .
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_ $89'S9'08'E 5t50o'Sz'W
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TOTAL AREA nnniiiii
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2,042 S0. FT. 1 N6s0 2'27wW Paramerlx
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/ TT P.0.8. / / TRUE POKY OF BEGWNING �sQ-�1.of Ii,Axq,Aco,:,x
r/////�//.//// /A BEM fu: I i :r:: .t,' .
-- --- MOW RICK eF WAY UNE 'IS q 4&889 I.—-.—_ CENTSIN1E Fs 4, s t 4. I'#
w--^ PROPERTY UNE '7'0A'AL I,NNO -
( APN XXXXXXXX)XX }oNG coutirt va PARCEL NU103ER �t.Ty
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Page 9 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK INTHE MARGIN SPACE-RESERVED FOR COUNTY RECORDER S USE ONLY
ADM -;TRATIVE OFFER SUMMARY#2 - PAI . 12
Project: City of Renton-Duvall Avenue NE
Plan Sheet: 11 of 73 Plan Approval Date: 6/19 Revision Date: N/A
Federal Aid Number: N/A Tax ID No: 102305-9081
Owner: Robert Fricks
Location: 1160 Duvall Place NE,Renton,WA 98059
Before Area: 78,843 SF After Area: 78,843 SF
Acquisition Area:
Fee: 0 SF Utility Easement 268 SF
(area) (type) (area)
Current Use: Single-Family Zoning: Multifamily(RMF)
Highest and Best Use: Develop with SFR plat
Effects of Acquisition:
The subject consists of a rectangular-shaped parcel on the east side and above grade of Duvall Avenue NE.The proposed acquisition ••
consists of two narrow,permanent easement strips along the frontage,23 to 30 feet in length and 5 feet in depth,a total of 268sf.
The permanent easement is necessary for PSE vaults and a jog of the planned retaining wall(around vaults)along the frontage.
Additionally,a 5-foot TCE across the entire length,increasing to about 23 feet behind the southerly permanent easement,is required,
a total of 2,042sf.The TCE is necessary to build the large wall around the southerly vault and shorter wall along the remainder
frontage.The TCE is valued at 8%/year,or 16%for the full term(24 months).Project maps indicate clearing and grubbing will be
located largely within the existing right-of-way,though access to the TCE area on the subject may be necessary.The project engineer
indicated possible removal of native undergrow/shrubs(no contribution)and one evergreen tree.
Sales relied on: Sales 5-6 contained in data package dated: 7/17/19
Subject sold within the last 5 year! No If yes,is sale included in data package? N/A
If no,explain why not:
ACQUISITION COMPENSATION
Land in Fee:
(unit value)
Easements:
268 Utility $20.00 50% $2,680.00
(area sf) (type) (unit value) (%)
2,042 TCE $20.00 16% $6,534.40
(unit value) (%)
Improvements:
Trees 1 $1,000.00 ea $1,000.00
type value unit value
Damages:
Total: $10,214.40
Worksheet Date: 4/14/20 Total(Rounded): $10,300.00
Prepared By: V `` ` "'` Date: 4/14/20
1 I have no present or prospective interest in the property that is the subject of this report and I have no
personal interest or bias with respect to the parties involved.
2. My compensation is not contingent on an action or event resulting from this report.
3. I affirm that the valuation problem is uncomplicated. I concur in the value estimate herein. I authorize an
Administrative Offer be made in said amount as Just Compensation.
e'/ • Date: 4/16/2020
This form is prepared in co formance with Federa ate policy and procedures,under the Uniform Relocation Act;it does not constitute an appraisal.
SUBJECT PARCEL 12
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Market Data - Comparable Sale 5
(1)ADDRESS or LOCATION: 1128 Chelan Ave NE,Renton,WA 98059
(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from Chelan Avenue NE with additional frontage on Duvall Avenue NE
b. Use at Sale: Vacant,interim structures
c. H&B Use: Single-Family
d. Zoning: R8
e. Dimensions: Rectangular
f. Site Area(sf): 50,965
g. Sale Date: 2/28/2019
h. Price: $800,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2975483
I. Seller. New Hope Development
m. Buyer: Renton School District
n. Confirmed with: Sue Liew
Phone#:
o. Confirmed by: Diane Quinn
p. Date Inspected: 11/5/18
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 102305-9249
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
a.
This is the February 2019 sale of a 50,965sf residential development site located between Chelan
Avenue NE and Duvall Avenue NE.The property was purchased by the Renton School District based
an appraisal.According to the broker of the prior sale,a porton of the property is impacted by a small
sensitive area resulting in a usable area of about 35,807sf equating to about$22.34/sf.
b. Confirmation Data and Comments:
The property previously sold in late 2017 for$700,000.
(6)ANALYSIS:
ITEM Contribution Market Value
Land: $800,000 $15.70
Building Improvements: $0 $0.00
Site Improvements: $0 $0.00
Other. $0 $0.00
TOTAL SALE PRICE,5/SF $800,000 $15.70
COMPARABLE SALE 5
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Market Data - Comparable Sale 6
(1)ADDRESS or LOCATION: 5008 NE 2nd Street,Renton,WA 98059
(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from NE 2nd Street
b. Use at Sale: Residential
c. H&B Use: Single-Family
d. Zoning: R8
e. Dimensions: Rectangular
f. Site Area(sI): 50,112
g. Sale Date: 6/15/2018
h. Price: $930,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2936513
I. Seller. Norman Green
m. Buyer. Xavier Crossings LLC
n. Confirmed with: Chris Foster
Phone#: 425-218-1932
o. Confirmed by: Diane Quinn
p. Date Inspected: 7/17/19
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 152305-9219
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
a.
This is the June 2018 sale of a residential plat site located at the northwest corner of NE 2nd Street
and Hoquiam Avenue NE.The site was improved with an older SFR that was considered of no or only
minimal contribution.The site was purchased by a developer for five or six-lot short plat.
b. Confirmation Data and Comments:
(6)ANALYSIS:
ITEM Contribution Market Value
•
Land: $930,000 $18.56
Building Improvements: $0 $0.00
Site Improvements: $0 $0.00
Other. $0 $0.00
TOTAL SALE PRICE,$/SF $930,000 $18.56
COMPARABLE SALE 6
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REAL ESTATE PURCHASE AND SALE AGREEMENT
This Real Estate Purchase and Sale Agreement ("Agreement") is made as of the date this
instrument is fully executed by and between Robert E. Fricks, Robert E. Fricks Jr., Terresa L.
George, Ronald E. Fricks, Raymond E. Fricks and Richard E. Fricks, as their respective separate
property, and as tenants in common, ("Seller"), and the City of Renton, a municipal corporation
("Buyer"or"City"),for purchase and sale of a permanent right of way easement and a temporary
construction easement over a portion of that certain real property situated in King County,
Washington, legally described on Exhibit"A", attached hereto (the"Property").
The permanent right of way easement consists of 268 square feet and is legally described
on Exhibit`B", attached hereto (the "Easement"). The temporary construction easement consists
of 2,042 square feet and is depicted on Exhibit "C", attached hereto (the "TCE"). Collectively,
the portions of the Property encumbered by the Easement,Wall Easement and the TCE are referred
to as the"Easement Areas."
1. PURCHASE PRICE: The total purchase price for the easements is Ten thousand three
hundred and No/100 Dollars ($10,300.00) ("Purchase Price"). The Purchase Price consists of the
Easement valued at$2,680.00,the TCE valued at$6,534.40, and$1,000.00 for any improvements
located within the easement areas. The Purchase Price is payable at closing in cash.
2. CONVEYANCE OF TITLE:
2.1 Easements: At closing, Seller will execute and deliver,in a form acceptable to Buyer,the
Easement, conveying and warranting good and marketable title to the Easement and clear of all
defects or encumbrances except for the lien of real estate taxes and drainage service charges not
yet due and payable and those defects and/or encumbrances (if any) identified on Exhibit "D"
attached hereto (collectively, "Permitted Exceptions"). Additionally, the Seller will execute and
deliver to Buyer a temporary construction easement for a period of twenty-four (24) months
commencing forty-eight (48) hours after City of Renton and/or its contractors provide written
notification to Seller of its intent to commence construction.
2.2 Title Insurance: At closing, Buyer shall receive (at Buyer's expense) an owner's
Standard ALTA policy of title insurance, 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
Easement subject only to the printed exclusions appearing in the policy form and any Permitted
Exceptions.
3. CONTINGENCIES:
3.1 This Agreement is subject to the following contingencies:
A. None
B. None
3.2 Removal of Contingencies: Buyer shall have a period of 60 days from the date all parties
have signed this Agreement to remove all contingencies. Buyer may remove such contingencies
Parcel No. 102305-9081-09 Page 1 of 13
by sending written notice thereof to Seller pursuant to Paragraph 7 herein. If the contingencies are
not removed within this period,this Agreement shall be null and void.
4. RISK OF LOSS: Seller will bear the risk of loss of or damage to the Easement Areas
prior to closing. In the event of such loss or damage to the Easement Areas, Seller shall promptly
notify Buyer thereof and Buyer may, in its sole discretion, terminate this Agreement by giving
notice of termination to the Seller.
5. SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller
represents, warrants, and covenants to the Buyer at the date of execution of this Agreement and
the date of closing that:
5.1 Authority: Seller, and the person(s) signing on behalf of Seller, has full power and
authority to execute this Agreement and perform Seller's obligations,and if Seller is a corporation,
all necessary corporate action to authorize this transaction has been taken.
5.2 Leases: The Easement Areas are subject to a lease between
and , recorded , and any unrecorded
leaseholds, rights of vendors and holders of security interest on personal property installed upon
said property, and right of tenants to remove trade fixtures at the expiration of the term.
5.3 No Material Defect: Seller is unaware of any material defect in the Property. To the best
of Seller's knowledge, the information regarding the Property as provided by Seller is complete,
accurate,true and correct and does not fail to state any fact without which such information would
be misleading.
5.4 Debris and Personal Property: Seller will remove all debris and personal property,prior
to each closing, located on the Easement Areas (if any) at Seller's cost and expense, and Seller
will indemnify and hold Buyer harmless from all claims and expenses arising from such removal.
5.5 Contamination: Seller represents and warrants that he/she/it has not caused or allowed
the generation,treatment, storage,or disposal of hazardous substances on the property,nor caused
or allowed the release of any hazardous substance onto, at, or near the Easement. Seller is in
compliance with all applicable laws, rules, and regulations regarding the handling of hazardous
substances,has secured all necessary permits, licenses and approvals necessary to its operation on
the Easement Areas,and is in compliance with such permits. Seller has not received notice of any
proceedings, claims, or lawsuits arising out of its operations on the Easement Areas and, to the
Seller's knowledge, the property is not, nor has it ever been subject to the release of hazardous
substances.
5.6 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees
incurred by the Seller in connection with the sale of the Easement and Seller shall indemnify and
hold Buyer harmless from all such claims for commission and/or fees.
5.7 Indemnification: Seller agrees to indemnify, defend and hold harmless Buyer, its
employees,agents,heirs and assigns,from and against any and all damage,claim,liability,or loss,
Parcel No. 102305-9081-09 Page 2 of 13
including reasonable attorney's and other fees,arising out of or in any way connected to the breach
of any representation or warranty contained herein. Such duty of indemnification shall include,
but not be limited to damage, liability, or loss pursuant to all federal environmental laws,
Washington State environmental laws, strict liability and common law.
5.8 Ownership; Non-Foreign Status: Seller owns the Property and has the right to sell the
Property, and is not a foreign person as defined by the Foreign Investment in Real Property Tax
Act, IRS Section 1445(b)(2) ("FIRPTA"), as amended.
6. CLOSING:
6.1 Time for Closing and Closing Agent: The sale will be closed in the office of the Closing
Agent not later than twenty-one (21) days from the date all contingencies set forth in Paragraph 3
herein have been removed, or as soon thereafter as practicable.
Buyer and Seller shall deposit in escrow with the Closing Agent all instruments, documents and
moneys necessary to complete the sale in accordance with this Agreement. As used in this
Agreement, "closing" and "date of closing" means the date on which all appropriate documents
are recorded and proceeds of the sale are available for disbursement to Seller. The Closing Agent
shall be:
Chicago Title Insurance Company
701 5th Ave, Suite 2700
Seattle, WA 98104
6.2 Prorations: Closing Costs: Seller will pay real property taxes prorated through the date
of closing. Buyer will pay the premium for its owner's title insurance policy,the cost of recording
the Easement, Wall Easement and TCE from the Seller, real estate excise taxes (if any are due)
and the Closing Agent's escrow fees.
6.3 Possession: Buyer shall be entitled to possession of the Easement, TCE and Wall
Easement at Closing.
6.4 Closing Obligations of Buyer: On or before Closing the Buyer shall deliver to the Closing
Agent the following:
6.4.1 All funds required to be paid by Buyer under this Agreement, in cash.
6.4.2 A Closing Statement in form and content reasonably satisfactory to the parties.
6.4.3 A Real Estate Excise Tax Affidavit executed by the Buyer in the form required by law.
6.4.4 Any other documents necessary to effect the transaction contemplated in this
Agreement.
Parcel No. 102305-9081-09 Page 3 of 13
6.5 Closing Obligations of Seller: At Closing, Seller shall deliver to Escrow Agent the
following duly executed and acknowledged documents (where appropriate):
6.5.1 The Easement, Wall Easement, and TCE required under Paragraph 2.1 of this
Agreement.
6.5.2 A Closing Statement in form and content reasonably satisfactory to the parties.
6.5.3 A FIRPTA certification. •
6.5.4 A Real Estate Excise Tax Affidavit executed by Seller in the form required by law.
6.5.5 Any other documents necessary to effect the transaction contemplated in this
Agreement.
7. NOTICES: All notices, demands, consents, approvals and other communications which
are required or desired to be given by either party to the other under this Agreement shall be in
writing and shall be hand delivered or sent by United States regular mail, postage prepaid, return
receipt requested, or by email transmission, addressed to the appropriate party at its address set
forth below,or at such other address as such party shall have last designated by notice to the other.
Notices, demands, consents, approvals, and other communications shall be deemed given when
delivered, or three days after mailing, or on the day that an email transmission is received, to or at
the following addresses:
TO SELLER: TO BUYER:
Robert E. Fricks et al City of Renton
1621 Camas Ave NE Public Works Department
Renton, WA 98056 Attn: Flora Lee
425-235-0336 1055 South Grady Way
Renton, WA 98057
Telephone: (425)430-4303
Email: FLee@Rentonwa.gov
8. GENERAL: This is the entire agreement of the Buyer and Seller with respect to the
Easement and supersedes all prior or contemporaneous agreements between them, written or oral.
This Agreement may be modified only in writing,signed by Buyer and Seller. Any waivers under
this Agreement must be in writing. A waiver of any right or remedy in the event of a default will
not constitute a waiver of such right or remedy in the event of any subsequent default. This
Agreement is for the benefit of, and binding upon, Buyer and Seller and their heirs, personal
representatives,successors and assigns. The invalidity or unenforceability of any provision of this
Agreement will not affect the validity or enforceability of any other provision. Time is of the
essence in this Agreement. This Agreement may be executed in one or more counterparts, each of
which will be considered an original instrument and all of which together will be considered the
same agreement.
Parcel No. 102305-9081-09 Page 4 of 13
9. WASTE; ALTERATION OF EASEMENT: Seller shall not commit waste on the
Easement Areas,nor shall Seller remove trees or other vegetation, coal,minerals or other valuable
materials nor shall Seller substantially alter the surface or subsurface of the Easement Areas
without the express written consent of Buyer.
10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties
shall not merge in the deed of conveyance,but shall survive closing.
11. TERMINATION OF OFFER: This offer shall terminate if not accepted by Seller on or
before
12. EFFECTIVE DATE: The Effective Date is the date of the last Parties' signature below.
Signed in duplicate original.
BUYER: City of Renton, a municipal Corporation
By:
Its
Date
SELLER:
Robert E.Fricks
Robert E.Fricks Jr.
Teresa L. George
Ronald E. Fricks
Raymond E. Fricks
Richard E. Fricks
Dated
Parcel No. 102305-9081-09 Page 5 of 13
EXHIBITS: Exhibit A, Property Legal Description
Exhibit B, Right of Way Easement Legal Description
Exhibit C, Temporary Construction Easement Depiction
Exhibit D, Permitted Exceptions
•
•
Parcel No. 102305-9081-09 Page 6 of 13
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E.Fricks,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks Jr., to me known to be the individual(s)
described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
Parcel No. 102305-9081-09 Page 7 of 13
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Teresa L.George,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Ronald E.Fricks,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
Parcel No. 102305-9081-09 Page 8 of 13
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Raymond E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Richard E.Fricks,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
Parcel No. 102305-9081-09 Page 9 of 13
EXHIBIT "A"
PROPERTY LEGAL DESCRIPTION
EXHIBIT A
PROPERTY DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
(PER QUIT CLAIM DEED, RECORDED UNDER AUDITOR'S FILE NO. 20081215000432)
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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Parcel No. 102305-9081-09 Page 10 of 13
EXHIBIT"B"
RIGHT OF WAY EASEMENT LEGAL DESCRIPTION
EXHIBIT B
PERMANENT EASEMENT DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
A PORTION OF THAT PROPERTY DESCRIBED IN QUIT CLAIM DEED,
RECORDED UNDER AUDITOR'S FILE NO. 20081215000432, KING
COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT-OF-WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52" WEST 47.96 FEET ALONG SAID
RIGHT-OF-WAY LINE TO 'THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'08" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
30.50. FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT-OF-WAY LINE; THENCE NORTH 00'00'52" EAST 30.50 FEET
ALONG SAID RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH A PORTION OF SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT-OF-WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52" WEST 214.46 FEET ALONG SAID
RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'08" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
23.00 FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT-OF-WAY LINE; THENCE NORTH 00'00'52" EAST 23.00 FLEA
ALONG SAID RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 268 SQUARE FEET, MORE OR LESS.
�¢0 an 8e�o/2'
• 846889 shMgLSS ..J�11600.00004,
y �UA
q# oV_
Parcel No. 102305-9081-09 Page 11 of 13
EXHIBIT "C" `"
TEMPORARY CONSTRUCTION EASEMENT DEPICTION
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA '
T.P.0.8. S88'37'32'E
_� - 5.00, NE 12th ST(PRIVATE)
-%- - ---S00'00'52'W
N00'00'52"E— f 42.84'
47.96' S89'59'081
I / 5.00'
N89'59'08'W /
i 5.00'
1 S00'00'52'W
N00'0O'52 E 40.50'
30.50'
S89'59'081 f
5.00' / N89'59'08'W
/ 5.00 ( APN 1023059081 )
' J FRICKS ROBERT E SR
W
J / 1160 DUVALL AVE NE 98059
Z // ^
W N00'00'52'E
> 136.00' yl
J I jg
I
i
/ S44'59'08'E '
N89'59'08'W 23.33'
5.00'
/.....,..---sono'521v
iN00'00'52'E27.00'
23.00'
—-- 9 59'08-E___..--"'e-
S45 00'S2'W
5.00' Ak23.33'
0
50'
TOTAL AREA Na• +05 -v- 2i 21 922'''S2'w 50'
2,042 SQ, FT. 1 — ' N89'0617'W --—--— Parametrix
5.00' ............ y
LEGEND iti ca o R�qe ,
T.P.O.B. TRUE POINT OF BEGINNING >Q��`� r`�cao/�
m
V///////////// EASEMENT AREA UCTION tI. ':,- t
EXISTING RIGHT OF WAY UNE I 1o0 z 46889 pi. ,4;19 1
— - - - CENTERUNE se .tc1 S T 8R ��
---—--—--—- .— PROPERTY UNE �°NAL LAND S
APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER -8•10Z.0
Parcel No. 102305-9081-09 Page 12 of 13
EXHIBIT "D"
PERMITTED EXCEPTIONS/TITLE REPORT
1. Subject to: Electric transmission and/or distribution Easement to Chicago,Milwaukee& St.Paul
Railway Company, under the recoding no. 1254827
2. Subject to: Road Easement,under the recording no. 3244268 .
3. Subject to: Right to make necessary slopes, cuts,or fill,to King County,under the recording no.
6387727
4. Subject to: Temporary water services agreement with the City of Renton,under the recoding no.
8508081021
5. Subject to: Landscape buffer agreement with Interstate Mobilephone Company,dba Cellular One,
under the recording no. 8508081021
6. Subject to: Easement for vehicular and pedestrian ingress and egress,and utilities to GTE, Wireless of
the Pacific Incorporated,under the recoding no.20000614000639
7. Subject to: Easement,right of access and to install and maintain utilities,to Seattle SMSA Limited
Partnership dba Verizon wireless,under the recording no.20141219000095
8. Subject to: Covenants,conditions, restrictions,recitals,reservation, easement provisions,dedications,
building setback lines,notes, statements, location of improvements in relation to property boundaries
and other matters, if any set forth in a recorded survey under the recording no. 9707259002
9. Subject to: Covenants,conditions,restrictions,recitals,reservation, easement, easement provisions,
dedications,building setback lines,notes, statements,locations of improvements in relation to property
boundaries and other matters,if any and set forth in a recorded survey under the recording no.
9804159002
10. Subject to: notice of possible(present or future)tap or connection charges levied by the City of
Renton.
11. Subject to: General taxes(Easement Acquisition only.)
12. Subject to: Unrecorded lease with Interstate Mobilephone Company dba Cellular One,recorded under
the rerecording no. 9403170694, amended under the recording no.20141219000622
13. Subject to: Unrecorded lease with OneComm Corporation, dba Nextel Communications,under the
recording no. 9702261309,assignment of lease to Tower Parent Corp.,under the recording no.
20020920000742,assignment of lease to Tower Asset Sub,Inc,under the recording no.
20020920000743,agreement to amend or modify to American Tower Asset Sub, LLC,under the
recording no. 20080529001975, assignment of lease to American Tower Asset Sub,LLC, under the
recording no.2009102002088, deed of trust,assignment of leases and rent under the recording no.
20091020002098,assignment of beneficial interest under the recording no.20110527001443,
20110527001444,and 20110527001445, follow by UCC filing under the recording no.
20091020002099
14. Subject to: Unrecorded lease with GTE Wireless of the Pacific Incorporated,under the recording no.
20000614000638,assignment of lease under the recording no. 20020524000346, assignment of lease
interest under the recording no.20020524000347
15. Subject to:Unrecorded lease with Seattle SMSA LP dba Verizon Wireless,under the recording no.
20141219000095
Parcel No. 102305-9081-09 Page 13 of 13
Armondo Pavone
Mayor •.1
Public Works Department
REVISED OFFER LETTER
April 27,2020
Robert E. Fricks,et al
1621 Camas Ave NE
Renton,WA 98056
RE: Project Name: Duvall Avenue NE
Tax Parcel No: 102305-9081-09
Dear Mr. Fricks:
In our letter dated January 22,2020,the City of Renton,offered to purchase property and/or property rights
owned by you and identified as parcel number 102305-9081-09 in the amount of$4,900.00.
The City has determined that this project will require additional utility easement from your property which
resulted in our offer to be revised. This revision makes it necessary to withdraw our earlier offer and make a
new offer.
In those cases where property rights being acquired involve a payment of less than$10,000 and less than
$25,000,the City administratively establishes the amount offered. This administrative offer is based on
market research performed by a person having sufficient understanding of the local real estate market. You
have the right to request the City appraise your property any time prior to accepting the offer. An
administrative offer of$10,300.00 is being made for your property or property rights.This offer consists of:
• $2,680.00 for 268 SF of land in Right of Way Easement
• $6,534.40 for 2,042 SF of land in Temporary Construction Easement for street improvements
• $1,000 1 Tree within the Easement area
You may wish to employ a professional appraiser or realtor to evaluate the City's offer. If you do so,we
suggest that you employ a well-qualified evaluator so that the evaluation report will be useful to you in
deciding whether to accept the City's offer.The City will reimburse up to$750.00 of your evaluation costs
upon submission of the bills or paid receipts.
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
Fricks,et al
Page 2 of 2
April 27, 2020
Your rights,as summarized in our earlier offer letter, remains unchanged. Please feel free to direct any
questions you may have to the City's representative from RES Group Northwest,Sonja Davis at(425)577-
2184.We look forward to working with you and we would appreciate a response to this offer at your earliest
convenience.
Sincerely,
Jim Seitz
Transportation Systems Director
Receipt of this letter is hereby acknowledged. I understand that this acknowledgement does not signify
acceptance or rejection of this offer.
Date:
Signature
Enclosure: Administrative Offer Report
Offer Letter dated 1/22/2020
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
Armondo Pavone
13IRMayor
Public Works Department Gregg Zimmerman, P.E.,Administrator
OFFER LETTER
January 22, 2020
Robert E. Fricks Jr. et al
1621 Camas Ave NE
Renton,WA 98056
RE: Project Name: Duvall Avenue NE
Tax Parcel No: 102305-9081
Dear Mr. Fricks:
As you likely aware,the City of Renton is proceeding with the Duvall Avenue NE Project. As part of the
project,the City needs to purchase a part of your property and/or certain property rights related to the
property located at 1160 Duvall Avenue NE and identified as King County Assessor's tax parcel number
102305-9081. A copy of the map is attached.
By law the City must pay you for the property and/or property rights acquired from you, unless you choose to
donate the land the property to the City.The purpose of this letter to explain to you the basis for the City's
offer in order to reach an agreement with you regarding the purchase of the property needed for this project.
In those cases where property rights being acquired involve a payment of less than $10,000,the City
administratively establishes the amount offered. This administrative offer is based on market research
performed by a person having sufficient understanding of the local real estate market. An administrative
offer of$4,900.00 is being made for your property or property rights.This offer consists of:
• $4,900.00 for 1,522 SF of land in Temporary Construction Easement for street improvements.
The basis for this offer is contained in the attached report. Payment for your property and/or property rights
will be made available to you approximately 30 to 45 days after you accept the City's offer, provided that
there are no delays in closing the transaction.
You may wish to employ a professional appraiser or realtor to evaluate the City's offer. If you do so, we
suggest that you employ a well-qualified evaluator so that the evaluation report will be useful to you in
1055 South Grady Way, Renton,WA 98057 • rentonwa.gov
Mr. Fricks
Page 2 of 2
January 22,2020
deciding whether to accept the City's offer. The City will reimburse up to$750.00 of your evaluation costs
upon submission of the bills or paid receipts.
Please understand that every effort will be made to come to an agreement regarding this offer. However, if
mutual agreement cannot eventually be reached through a voluntary negotiation,the City acting in the public
interest, may use its right of eminent domain to acquire the property rights for the public use. In conformity
with the Washington State Constitution and laws,the City's legal counsel will file a condemnation suit to
obtain a "Court Order of Public Use and Necessity", and a trial will be held to determine the just
compensation to be paid for the property and property rights acquired. This action is taken to ensure your
rights as an individual property owner and the rights of all City of Renton's taxpayers are equally protected.
If you have personal property presently located on the property being acquired by the City that will need to
be moved, however the City will reimburse you for the cost of moving it through the Relocation Assistance
program.
We have attempted by this letter to provide a concise statement of our offer and summary of your rights. We
hope the information will assist you in reaching a decision. Please feel free to direct any questions you may
have to the City's representative from RES Group Northwest, Sonja Davis at (425) 577-2184. We look forward
to working with you and we would appreciate a response to this offer at your earliest convenience.
Sincerely,
Gregg Zimmerman, P.E.
Public Works Administrate
Receipt of this letter is hereby acknowledged. I understand that this acknowledgement does not signify
acceptance or rejection of this offer.
64A- 1--- -14:21-4 Date: 6 Z f plie%t
Signature
Enclosure: Administrative Offer Report
•
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
October 29,2019
Property Owner
1621 CAMAS AVE NE
Renton WA 98056
Re: Duvall Avenue NE
Tax Parcel Number: 1023059081
Property Address: 1160 Duvall Ave NE, Renton,WA
Dear Property Owner:
The City of Renton has been developing the Duvall Avenue NE Project.The project consists of a roadway
improvement project that will improve traffic and public safety along Duvall Avenue NE,a four-lane, high
volume arterial. The project will repave the road,install center medians with landscaping, and complete the
existing patchwork of curbs/gutters/sidewalks for a consistent streetscape.
The majority of the new improvements will be constructed within the existing City right-of-way but for a small
number of properties the City of Renton will require additional property and/or temporary easements to
construct the new improvements.We have determined it will be necessary to acquire a small portion of your
property and/or temporary construction easement for this project.
In that regard,the City would like to introduce you to those firms that are working with the City on the project.
The firm providing the overall engineering design is Parametrix.Additionally, RES Group Northwest,an
independent real estate consultant to the City will be reaching out to you to discuss the acquisition.
The City of Renton is committed to working closely with you to fully understand your concerns and provide the
appropriate assistance. A representative from RES Group Northwest will be contacting you in the next few
weeks to set up appointments to meet with you and to provide you with an opportunity to discuss specific
information regarding the project impact to your property.
If you have any questions before that time,or if you anticipate that we would have any problem contacting you,
please call Sonja Davis, RES Group Northwest at(425)577-2184,or me at City of Renton at(425)430-7303.
Sincerely,
Flora Lee, PE, PTOE
Transportation Design Project Manager
•
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Real Estate Purchase and Sale Agreement ("Agreement") is made as of the date this
instrument is fully executed by and between Robert E. Fricks, Robert E. Fricks Jr., Terresa L.
George, Ronald E. Fricks,Raymond E. Fricks and Richard E. Fricks, as their respective separate
property, and as tenants in common, ("Seller"), and the City of Renton, a municipal corporation
("Buyer"or"City"), for purchase and sale of a permanent right of way easement and a temporary
construction easement over a portion of that certain real property situated in King County,
Washington, legally described on Exhibit"A", attached hereto (the"Property").
The permanent right of way easement consists of 268 square feet and is legally described
on Exhibit`B", attached hereto (the "Easement"). The temporary construction easement consists
of 2,042 square feet and is depicted on Exhibit "C", attached hereto (the "TCE"). Collectively,
the portions of the Property encumbered by the Easement, Wall Easement and the TCE are referred
to as the"Easement Areas."
1. PURCHASE PRICE: The total purchase price for the easements.is Ten thousand three
hundred and No/100 Dollars ($10,300.00) ("Purchase Price"). The Purchase Price consists of the
Easement valued at$2,680.00,the TCE valued at$6,534.40,and$1,000.00 for any improvements
located within the easement areas. The Purchase Price is payable at closing in cash.
2. CONVEYANCE OF TITLE:
2.1 Easements: At closing,Seller will execute and deliver, in a form acceptable to Buyer,the
Easement, conveying and warranting good and marketable title to the Easement and clear of all
defects or encumbrances except for the lien of real estate taxes and drainage service charges not
yet due and payable and those defects and/or encumbrances (if any) identified on Exhibit "D"
attached hereto (collectively, "Permitted Exceptions"). Additionally, the Seller will execute and
deliver to Buyer a temporary construction easement for a period of twenty-four (24) months
commencing forty-eight (48) hours after City of Renton and/or its contractors provide written
notification to Seller of its intent to commence construction.
2.2 Title Insurance: At closing, Buyer shall receive (at Buyer's expense) an owner's
Standard ALTA policy of title insurance, 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
Easement subject only to the printed exclusions appearing in the policy form and any Permitted
Exceptions.
3. CONTINGENCIES:
3.1 This Agreement is subject to the following contingencies:
A. None
B. None
3.2 Removal of Contingencies: Buyer shall have a period of 60 days from the date all parties
have signed this Agreement to remove all contingencies. Buyer may remove.such contingencies
Parcel No. 102305-9081-09 Page 1 of 13
by sending written notice thereof to Seller pursuant to Paragraph 7 herein. If the contingencies are
not removed within this period,this Agreement shall be null and void.
4. RISK OF LOSS: Seller will bear the risk of loss of or damage to the Easement Areas
prior to closing. In the event of such loss or damage to the Easement Areas, Seller shall promptly
notify Buyer thereof and Buyer may, in its sole discretion, terminate this Agreement by giving
notice of termination to the Seller.
•
5. SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS: Seller
represents, warrants, and covenants to the Buyer at the date of execution of this Agreement and
the date of closing that:
5.1 Authority: Seller, and the person(s) signing on behalf of Seller, has full power and
authority to execute this Agreement and perform Seller's obligations,and if Seller is a corporation,
all necessary corporate action to authorize this transaction has been taken.
5.2 Leases: The Easement Areas are subject to a lease between N/A
and N/A , recorded N/A , and any unrecorded
leaseholds, rights of vendors and holders of security interest on personal property installed upon
said property,and right of tenants to remove trade fixtures at the expiration of the tenn.
5.3 No Material Defect: Seller is unaware of any material defect in the Property. To the best
of Seller's knowledge, the information regarding the Property as provided by Seller is complete,
accurate,true and correct and does not fail to state any fact without which such information would
be misleading.
5.4 Debris and Personal Property: Seller will remove all debris and personal property,prior
to each closing, located on the Easement Areas (if any) at Seller's cost and expense, and Seller
will indemnify and hold Buyer harmless from all claims and expenses arising from such removal.
5.5 Contamination: Seller represents and warrants that he/she/it has not caused or allowed
the generation,treatment,storage,or disposal of hazardous substances on the property,nor caused
or allowed the release of any hazardous substance onto, at, or near the Easement. Seller is in
compliance with all applicable laws, rules, and regulations regarding the handling of hazardous
substances, has secured all necessary permits, licenses and approvals necessary to its operation on
the Easement Areas,and is in compliance with such permits. Seller has not received notice of any
proceedings, claims, or lawsuits arising out of its operations on the Easement Areas and, to the
Seller's knowledge, the property is not, nor has it ever been subject to the release of hazardous
substances.
5.6 Fees and Commissions: Seller shall pay for any broker's or other commissions or fees
incurred by the Seller in connection with the sale of the Easement and Seller shall indemnify and
hold Buyer harmless from all such claims for commission and/or fees.
5.7 Indemnification: Seller agrees to indemnify, defend and hold harmless Buyer, its
employees,agents,heirs and assigns,from and against any and all damage,claim,liability,or loss,
Parcel No. 102305-9081-09 Page 2 of 13
•
including reasonable attorney's and other fees,arising out of or in any way connected to the breach
of any representation or warranty contained herein. Such duty of indemnification shall include,
but not be limited to damage, liability, or loss pursuant to all federal environmental laws,
Washington State environmental laws, strict liability and common law.
5.8 Ownership; Non-Foreign Status: Seller owns the Property and has the right to sell the
Property, and is not a foreign person as defined by the Foreign Investment in Real Property Tax
Act, IRS Section 1445(b)(2) ("FIRPTA"), as amended.
.
6. CLOSING:
6.1 Time for Closing and Closing Agent: The sale will be closed in the office of the Closing
Agent not later than twenty-one(21)days from the date all contingencies set forth in Paragraph 3
herein have been removed, or as soon thereafter as practicable.
Buyer and Seller shall deposit in escrow with the Closing Agent all instruments, documents and
moneys necessary to complete the sale in accordance with this Agreement. As used in this
Agreement, "closing" and "date of closing" means the date on which all appropriate documents
are recorded and proceeds of the sale are available for disbursement to Seller. The Closing Agent
shall be:
Chicago Title Insurance Company
701 5`h Ave, Suite 2700
Seattle, WA 98104
6.2 Prorations: Closing Costs: Seller will pay real property taxes prorated through the date
of closing. Buyer will pay the premium for its owner's title insurance policy, the cost of recording
the Easement, Wall Easement and TCE from the Seller, real estate excise taxes (if any are due)
and the Closing Agent's escrow fees.
6.3 Possession: Buyer shall be entitled to possession of the Easement, TCE and Wall
Easement at Closing.
6.4 Closing Obligations of Buyer: On or before Closing the Buyer shall deliver to the Closing
Agent the following:
6.4.1 All funds required to be paid by Buyer under this Agreement, in cash.
6.4.2 A Closing Statement in form and content reasonably satisfactory to.the parties.
6.4.3 A Real Estate Excise Tax Affidavit executed by the Buyer in the form required by law.
6.4.4 Any other documents necessary to effect the transaction contemplated in this
Agreement.
Parcel No. 102305-9081-09 Page 3 of 13
6.5 Closing Obligations of Seller: At Closing, Seller shall deliver to Escrow Agent the
following duly executed and acknowledged documents (where appropriate): •
6.5.1 The Easement, Wall Easement, and TCE required under Paragraph 2.1 of this
Agreement.
6.5.2 A Closing Statement in form and content reasonably satisfactory to the parties.
6.5.3 A FIRPTA certification.
6.5.4 A Real Estate Excise Tax Affidavit executed by Seller in the form required by law.
6.5.5 Any other documents necessary to effect the transaction contemplated in this
Agreement.
7. NOTICES: All notices, demands, consents, approvals and other communications which
are required or desired to be given by either party to the other under this Agreement shall be in
writing and shall be hand delivered or sent by United States regular mail, postage prepaid, return
receipt requested, or by email transmission, addressed to the appropriate party at its address set
forth below,or at such other address as such party shall have last designated by notice to the other.
Notices, demands, consents, approvals, and other communications shall be deemed given when
delivered,or three days after mailing, or on the day that an email transmission is received,to or at
the following addresses:
TO SELLER: TO BUYER:
Robert E. Fricks et al City of Renton
1621 Camas Ave NE Public Works Department
Renton, WA 98056 Attn: Flora Lee
425-235-0336 1055 South Grady Way
Renton, WA 98057
Telephone: (425) 430-4303
Email: FLee@Rentonwa.gov
8. GENERAL: This is the entire agreement of the Buyer and Seller with respect to the
Easement and supersedes all prior or contemporaneous agreements between them,written or oral.
This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers under
this Agreement must be in writing. A waiver of any right or remedy in the event of a,default will
not constitute a waiver of such right or remedy in the event of any subsequent default. This
Agreement is for the benefit of, and binding upon, Buyer and Seller and their heirs, personal
representatives,successors and assigns. The invalidity or unenforceability of any provision of this
Agreement will not affect the validity or enforceability of any other provision.Time is of the
essence in this Agreement. This Agreement may be executed in one or more counterparts, each of .
which will be considered an original instrument and all of which together will be considered the
same agreement.
Parcel No. 1 023 05-908 1-09 Page 4 of 13
9. WASTE; ALTERATION OF EASEMENT: Seller shall not commit waste on the,
Easement Areas, nor shall Seller remove trees or other vegetation,coal,minerals or other valuable
materials nor shall Seller substantially alter the surface or subsurface of the Easement Areas
without the express written consent of Buyer.
10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties
shall not merge in the deed of conveyance,but shall survive closing.
11. TERMINATION OF OFFER: This offer shall terminate if not accepted by Seller on or
before V/4-
12. EFFECTIVE DATE: The Effective Date is the date of the last Parties' signature below.
Signed in duplicate original.
BUYER: City of Renton, a municipal Corporation
By:
Its
Date
SELLER:
Oiirg
R .Fricks
2. i
4-4,,
Robert E. Fricks r.
resa L. George
onald E. Fricks
Raym . Fecks
'chard E.Fricks
Dated
Parcel No. 1 023 05-908 1-09 Page 5 of 13
9. WASTE; ALTERATION OF EASEMENT: Seller shall not commit waste on the
Easement Areas,nor shall Seller remove trees or other vegetation,coal,minerals or other valuable
materials nor shall Seller substantially alter the surface or subsurface of the. Easement Areas
without the express written consent of Buyer.
10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties
shall not merge in the deed of conveyance, but shall survive closing.
11. TERMINATION OF OFFER: This offer shall terminate if not accepted,by Seller on or
before
12. EFFECTIVE DATE: The Effective Date is the date of the last Parties' signature below.
Signed in duplicate original.
BUYER: City of Renton, a municipal Corporation
By:
Its
Date
SELLER:
Robert E. Fricks,
Robert E. Fricks Jr.
Teresa L. George
Mona E. Friel
g-
Ra mo . ecks
Richard E. Fricks
Dated
Parcel No. 102305-9081-09 Page 5 of 13
EXHIBITS: Exhibit A,Property Legal Description
Exhibit B, Right of Way Easement Legal Description
Exhibit C,Temporary Construction Easement Depiction
Exhibit D, Permitted Exceptions
Parcel No. 102305-9081-09 Page 6 of 13
STATE OF WASHINGTON
ss. .
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this // day of / ,ey ,20
(SEAL)
y Pu ie
ti
-.'��JA DA ki kle &'4 iA 2 '
O `""`,,� / Printed/Name
i (3 r-132695 4,1Y ii
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;I ` ' �ItEXPIRES\�'�-'4
t414
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STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks Jr., to me known to be the individual(s)
described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act NI
deed,for the uses and purposes therein mentioned.
DATED this Jp� day of / d; ,20
(St..401.*NAvr,A1 I ' ni)Th-----.--'
- �JA D,q 1t+ N to is
s NOTARY- ''� i Printed Name
•� 0 ,�o Residing at Al/Wand
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+Ik WASH,►• .
Parcel No. 1:02305-9081-09 Page 7 of 13
STATE OF WASHINGTON
ss.
COUNTY OF KING . ,. b
On this day personally appeared before me Teresa L.George,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this riday of / A ,20, i
(SEAL),‘»ANa, / � N-
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A ‘,+4 Notcr, • blic
-`'�� 69 f�32 ����� gggq �lfl�)GI DU4/4s
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) e PUBLIC ry 0 Residing at 1-cirAr/altil
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fi"" '14;c0tREs.0; .0.
I ``,"" C��4.� My appointment expires /p�-/X.41-3
++kk„ WASN0�,
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Ronald E. Fricks,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this O day of /nac f ,20
�
(SE.AW‘ �`t I
,Ar�_---`-132695%%y'���E®I , ;;��
NOTAR �''g i �--)qm CC vl-I
— ..• s s
Printed ame
cn•c' P G ti
� UBLI
o� Residing at ,C�/rk1
qq 9�'.I1ftPIRESI 4�D.g
"'a My appointment expires / /,-)-,3
Parcel No. 102305-9081-09 Page 8 of 13
O
STATE OF 1 4-14NGION
ss.
COUNTY OF .
On this day personally appeared before me Raymond E. Fricks, to me known to be the individual(
described in and who executed the within and foregoing instrument,and acknowledged that he/she4they.signed the
same as his/lier/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this Z'P1---day of \--\G. ,20 yo,
1.0\--
(SEAL)
Notary P lic
t t
•. MIKE LEE W Printed Name '
F f . ,, COMM...2165192 n ?
NOTARY PUBLIC•CALIFORNIA —1 Residing at DL2.. c► 1, �1�" 1.,� C ��;>
m \" ^ „ lr' ORANGE COUNTY 03
\ter. My Torm Ezp.October 17,2020
My appointment expires k0(1'›v i"N�
STATE.OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Richard E.Fri s,to me known to be the individual(s)described
in and who executed the within and foregoing instrument, and cknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and rposes therein mentioned.
DATED this day of 20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
Parcel No. 102305-9081-09 Page 9 of 13
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me "aymond E. Fricks, to me known to be the individual(s)
described in and who executed the within and fore ing instrument, and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and de,d,for the uses and purposes therein mentioned.
DATED this day of ,20 .
(SEAL)
Notary Public
Printed Name
Residing at
My appointment expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this,day personally appeared before me Richard E. Fricks,to me known to be the individuals)described
in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,
DATED this /:day of
(SEAL)
of iy lie
Gj ''132695 'h,(r l ce),IA /�u
v/-S
c10TARL. ts �� PrintedName
' PUBL\G iV Residing at ,rk'
�d#"�' .'O;�,,,,,,,, '` My appointment expires /�?/�4/
+,rr,\WAS,.
Parcel No. 102305-9081-09 Page 9 of 13
EXHIBIT "A"
PROPERTY LEGAL DESCRIPTION
EXHIBIT A
PROPERTY DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
(PER QUIT CLAIM DEED, RECORDED UNDER AUDITOR'S FILE NO. 20081215000432)
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M,
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON,
•
WA sA. `;
Pow 46889
ill'Z°2)9
Parcel No. 102305-9081-09 Page 10 of 13
EXHIBIT "B"
RIGHT OF WAY EASEMENT LEGAL DESCRIPTION
EXHIBIT B
PERMANENT EASEMENT DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
A PORTION OF THAT PROPERTY DESCRIBED IN QUIT CLAIM DEED,
RECORDED UNDER AUDITOR'S FILE NO. 20081215000432, KING
COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'O0'52" WEST 47.96 FEET ALONG SAID
RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'08" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
30.50 FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 30.50 FEET
ALONG SAID RIGHT—OF—WAY UNE TO THE TRUE POINT OF BEGINNING;
TOGETHER WUH A PORTION OF SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52" WEST 214.46 FEET ALONG SAID
RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'08" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
23.00 FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 23.00 FEET
ALONG SAID RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 268 SQUARE FEET, MORE OR LESS.
i�1. rCZ'�,
7".?:- ."' ct.,,,,,A
4Ps, 4 '-'\ .
oa 46889 if'
s,ct s T BRA:ivsS
Parcel No. 102305-9081-09 Page ]] of 13
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT DEPICTION
EXHIBIT C
TEMPORARY.CONSTRUCTION EASEMENT
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
T,P.O,B. S88 37 32'E
______I , i— -_S.GY _NE 12th ST(PRIVATE)
i I r S00•00'52-W
NO0'00'521
.84'
47.96' / 42S89'59'08"E
i i 5.00'
N89'59'081W I l /
5.00' '`r
r 1 " SOO'00'52'W
N00'00'52"E i `�-40.50'
, 30.50' p ,
S89'59'08'E ,
5.00' i , N89'59'08'W
I
'y 51 5.00' ( APN 1023059081 )
PRICKS ROBERT E SR
W I a, 1160 DUVALL AVE NE 98059
Z
L!J N00'00'52'E
Q {136.00' �o
I J tli
> I l
! S44'59'081
N89'59'08'W 23.33'
5.00'
I bli
_I NUO'00'S2"E S00'00'52'W
27.00'
TI I 23.00'
. S89'59'08'E I . �
5.00' i.��545'00'52 N
I I. 23.33'
NOO'OU'S2'E ; of 500'00'52'W 0 N 50
TOTAL AREA 40.33'
21.92' 1".50'
2,042 SQ. FT. 1 I-+ ~- N89'00'27'W ---- �� Parametr&
LEGEND l �� 'xa H�4i/
1
T.P.0.8. TRUE POINT OF BEGINNING ,�� oy
///////////),VA TEMPORARY C A STRUCTION ( ..x.', - �'p
tf
EXISTING RIGHT OF WAY LINE I q i!f ' c i
4 •7 46859
CENTERLINE ] �Fs''`_s T gts�s��
o
_..._._._.. _.._... PROPERLY LINE ~ °'4I. t NO
�(
APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER �� m
-8-2oZo
Parcel No. 102305-9081-09 Page 12 of 13
EXHIBIT "D"
PERMITTED EXCEPTIONS/TITLE REPORT
1. Subject to: Electric transmission and/or distribution Easement to Chicago,Milwaukee& St. Paul '
Railway Company, under the recoding no. 1254827
2. Subject to: Road Easement, under the recording no. 3244268
3. Subject to: Right to make necessary slopes,cuts,or fill,to King County, under the recording no.
6387727
4. Subject to: Temporary water services agreement with the City of Renton, under the recoding.no.
8508081021
5. Subject to: Landscape buffer agreement with Interstate Mobilephone Company,dba Cellular One,
under the recording no. 8508081021
6. Subject to: Easement for vehicular and pedestrian ingress and egress,and utilities to GTE,Wireless of
the Pacific Incorporated,under the recording no.20000614000639
7. Subject to: Easement, right of access and to install and maintain utilities,to Seattle SMSA Limited
Partnership dba Verizon wireless,under the recording no. 20141219000095
8. Subject to: Covenants,conditions,restrictions, recitals, reservation, easement provisions,,dedications,
building setback lines, notes,statements, location of improvements in relation to propertyboundaries
and other matters, if any set forth in a recorded survey under the recording no.9707259002
9. Subject to: Covenants,conditions, restrictions,recitals, reservation, easement,easement provisions,
dedications,building setback lines, notes, statements, locations of improvements in relation to property
boundaries and other matters, if any and set forth in a recorded survey under the recording no.
9804159002
10. Subject to: notice of possible(present or future)tap or connection charges levied by the City of
Renton.
11. Subject to: General taxes(Easement Acquisition only.)
12. Subject to: Unrecorded lease with Interstate Mobilephone Company dba Cellular One,recorded under
the rerecording no. 9403170694,amended under the recording no.2014121900(1622
13. Subject to: Unrecorded lease with OneComm Corporation, dba Nextel Communications, under the
recording no. 9702261309,assignment of lease to Tower Parent Corp., under the recording no.
20020920000742,assignment of lease to Tower Asset Sub, Inc, under the recording no.
20020920000743,agreement to amend or modify to American Tower Asset Sub, LLC, under the
recording no. 20080529001975,assignment of lease to American Tower Asset Sub, LLC, under the,
recording no. 20091020002088, deed of trust,assignment of leases and rent under the recording no.
20091020002098,assignment of benef►cial interest under the recording no.20110527001443,
20110527001444,and 20110527001445,follow by UCC filing under the recording no.
20091020002099
14. Subject to: Unrecorded lease with GTE Wireless of the Pacific Incorporated,under the recording no.
20000614000638,assignment of lease under the recording no.20020524000346, assignment of lease
interest under the recording no.20020524000347
15. Subject to: Unrecorded lease with Seattle SMSA LP dba Verizon Wireless, under the recording no.
20141219000095
Parcel No. 1 02305-908 1-09 Page 13 of 13
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton, WA 98057
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE
Grantor(s): Robert E. Fricks, Robert E. Fricks Jr., Terresa L. George, Ronald E. Fricks, Raymond E.
Fricks,and Richard E. Fricks
Grantee(s): City of Renton
Legal Description: N275FT OF W 'A OF E %z OF NE '' OF NW ''A OF SEC. 10, T. 23N., R. 05 E.,W.M.,
KING COUNTY,SUBJ TO CM&ST P TRANS LN ESMT LESS CO RD
Assessor's Tax Parcel Number: 102305-9081-09 •
Reference Number of Related Documents: N/A
TEMPORARY CONSTRUCTION EASEMENT
Duvall Avenue NE Project
This Temporary Construction Easement (the "Construction Easement"), is made and
entered into this day of ,20 ,by and between Robert E.Fricks,Robert
E. Fricks Jr., Terresa L. George, Ronald E. Fricks, Raymond E. Fricks and Richard E.
Fricks, as their respective separate property, and as tenants in common, ("Grantor"), and the I
City of Renton, a municipal corporation ("City" or"Grantee"), its successors and assigns.
For Good and Valuable Consideration, receipt of which is hereby acknowledged,
Grantor, as the owner of that certain real property legally described on Exhibit "A" — Entire
Parcel ("Property"), attached hereto and incorporated by this reference, does hereby grant to
the City, two thousand and forty-two (2,042) square foot temporary easement area for minor
clearing and grubbing and excavation and fill and construction purposes in, on, over, through
and across that portion of the Property described on Exhibit "B" (Easement "Area") and
depicted on Exhibit "C", which are attached hereto and incorporated by this reference, for the}
purpose of Temporary Construction Easement; protecting existing public and private
improvements in the immediate vicinity of the Project area; and repairing, restoring and/or
reestablishing any improvements disturbed while undertaking the Project activities described
above.
The temporary rights granted in this Construction Easement shall be effective upon
execution by the parties. Grantee and/or its contractors shall provide forty=eight (48) hours
Page 1 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
TEMPORARY CONSTRUCTION EASEMENT
notice to the Grantor of its intent to commence construction. The temporary rights granted to
the Grantee shall automatically terminate and be null and void(i)twenty four(24),months after r
the execution of this easement or (ii) upon restoration of any existing improvements disturbed
by the Grantee within the temporary easement area,whichever is later,but in no event later than
December 31, 2023.
The Grantee agrees to hold harmless, indemnify and defend the Grantor from and
against any and all claims,losses or liability,for injuries,sickness or death of persons,including
employees of the Grantee,or damage to property,arising out of the exercise of Grantee's.rights.
under this Construction Easement or any willful misconduct or negligent act,error,or omission
of the Grantee, its officers, agents, contractors, subcontractors, licensees,.or employees, in
connection with the Grantee's activities authorized by this Construction Easement, provided, . •
however,that:
(a) The Grantee's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the
sole willful misconduct or sole negligence of the Grantor; and
(b) The Grantee's obligations to indemnify, defend and hold harmless for injuries,
sickness,death or damage caused by or resulting from the concurrent negligence
or willful misconduct of the Grantee and the Grantor, or of the Grantee and a'
third party other than an officer, agent, contractor or employee of the Grantee,
shall apply only to the extent of the negligence or willful misconduct of the
Grantee(including an officer, agent, contractor or employee Of the Grantee).
Grantee shall, at its sole_cost and upon completion of the work within the Easement
Area, fully restore the surface and subsurface of the Easement Area and any public or private
improvements disturbed by or destroyed during the execution of the work, as, nearly as
practicable,to the conditions as of the effective date of this easement.
It is the intention of the parties that this document be strictly limited to and for the
purposes expressed. •
This Construction Easement and covenants herein shall be recorded with the King
County Recorder,shall run with the land described herein,and shall be binding upon the parties,
their successors,heirs and assigns.
Grantor covenants that it is the lawful owner of the above-described property and has I
authority to convey such easement.
It is understood and agreed that delivery of this Construction Easement is hereby tendered
Page 2 of(9) Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN TINE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
TEMPORARY CONSTRUCTION EASEMENT
and that the terms and obligations hereof shall not become binding upon the City of Renton,
unless and until accepted and approved hereon in writing by the City of Renton.
Dated: , 20
Grantor:
,A)- € C4242. .
er ricks
. ._j‘
)etc-el&
{
o ert E. Fricks Jr.
Teresa L. George
R Wald E. ricks
I k
Raymo d .Fricks
chard E.Flicks
Accepted and Approved
City of Renton
By
Its
Date
Page 3 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE'NO MARK IN 9TiE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S-USE ONLY,
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
TEMPORARY CONSTRUCTION EASEMENT
and that the terms and obligations hereof shall not become binding upon the City of Renton,
unless and until accepted and approved hereon in writing by the City of Renton.
Dated: , ?0
•
Grantor: •
Robert E. Fricks
Robert E.Fricks Jr.
Teresa L.George
Id E.Fricks
Ic\/
ymond E.Fricks
Richard E.Fricks
Accepted and Approved
City of Renton
By
Its
Date
Page 3 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE.RESERVED FOR COUNTY RECORDER'S USE ONLY,
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
TEMPORARY CONSTRUCTION EASEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein nientioned.
DATED this // day of ,20p. .
(SEAL) /
l u Ic
.1.1: 132695 iii�l�, 0 Printed Name
NOTARY ''%y
i PUBLIC�..� Residing at rk/Q,/fe
*19 /A' ��PfRES���-o����= My appointment expires /a/249/z.3
%%%%%%
�t$ OF.WASN\V`
rrrrw..+.�
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks Jr., to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.
DATED this /o . day of May ,20 3
(f
(SEAL)
.rr
\A A ©AI11# goo
P lic
`�O'13269%%%I 4n 4, go Gl Zaor
• NOT % i Printe ame
—►•r o
%oy PUBI-IC Residing at /ci/i'/c_ ae
,�c�.'c PIRES,\���= My appointment expires /?/ 'a1 X •
4 WAS`
err%%%%%%%
Page 4 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
TEMPORARY CONSTRUCTION EASEMENT
STATE OF WASHINGTON
Ss.
COUNTY OF KING s
On this day personally appeared before me Teresa L. George, to me known to be,the individual(S)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.
DATED this ��day of 1.,(04 ,20 a•
(SEAL) iltn /!n�
NJA D 'I1 :ry ' blic
11 O `326 ,,, "
1 9 I+�
S M v- It/ (DM,1/l S i
s' �i, Print-• Name
NOTgRY •
+�%o PUBLICti' s Residing at �C/�',rC/GI/7Gf
FXpIRESIti� �= My appointment expires / 2..4 2i
ot14 4 F WAS\'
STATE OF WASHINGTON .
ss.
COUNTY OF KING
On this day personally appeared,before me Ronald E. hicks, to me known to be,the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned:
DATED this gN' day of�Vi . 20
(SEAL) 44. 'D
ty blic
J;�'1326gs 4, y,��j� Printed Name
Name
i \AOTA ; Residing at ,e/p,kf
o PUB SIG N ti
j �° o _ My appointment expires_ /a-40/2-3
• %%%%%%%%%
� 4 LIP
WASN.0%1*=
Page 5 of(9)Pages Parcel No. 102305-9081-09 Ff
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
TEMPORARY CONSTRUCTION EASEMENT •
STATE OF WASHINGTON
ss. .
COUNTY OF KING
On this day personally appeared before me ' 'ymond E. Fricks, to me known to be'the:individual(s)
described in and who executed the within and fore_.ing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act an' deed,for the uses and purposes therein mentioned.
DATED this day of ,20
(SEAL)
Notary Public
Printed Name
� f
Residing at
t E
My appoinhnent'expires
STATE OF WASHINGTON
ss. •
COUNTY OF KING
On this day personally appeared before me Richard E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they,signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this /S day of /Va 1/ ,20
-
(SEAL,2
N,A a���,� otary Public
NOTA °1i,� fi PrintedName
�.r ; r
o PUBIC ,,' i Residing at /;//"ehyd
41X FXp)Rfs.":"" My appointment expires /a/)p'It 4,pip
i f
Page 6 of(9) Pages Parcel No. 102305-908 l-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
•
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
TEMPORARY!'C'�OONSTRUCTION EASEMENT
STATE OF W—ArSHC T-Q.N 1 .
ss.
COUNTY OF'KING.
On this day personally appeared before me Raymond E. Fricks,to me known to•he.the individual('
described in and who executed the within and foregoing instrument.and acknowledged that he/sh&tbeysigned the 1
same as his/brakkeiz.free and voluntary act and deed,for the use•and purposes therein mentioned.
DATED this 2 V-day of ,20,-m. 1
(SEAL) . I. 1
• .tary P blic
•
/•^....: •• MIKE LEE Printed Name
m/ : . COMM-2166i 92 0 (1,�,
{3 umd - I NOTARY PUBLIC-CALIFORNIA -I Residingat`2�1L2 c71 'Ic\ �-SCL —^'S�
in�?'-.,F ."/ ORANGE COUNTY 03 '�
•::: My Term Exp.October 17,2020
My appointment expires lK9\Ps)yya
.
STATE OF WASHINGTON
( ss.
COUNTY OF KING
On this day personally appeared before me Richard Flicks, to me known to be the individual(s)
described in and who executed the within,and foregoing instrurr nt,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,..20
(SEAL)
Notary Public
Printed Name • -
Residing at
•
My appointment expires
/+
Page 6 of(9)Pages Parcel Nb. 102305-9081-09
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
, •
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
PROPERTY DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M. •
CITY OF RENTON, KING COUNTY, WA
(PER QUIT CLAIM DEED, RECORDED UNDER AUDITOR'S FILE NO. 20081215000432)
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
. r '
4.17.727.71.=2M7,=:.. ....;.:,W,riz;
,,7r c;S
-W4i?it.1f_IrAs1T,'<-l..-1rY,:l/.p4.4',-5:„ fr,c.f--.'-
\
7
i. 8€ /l _,sT /
":
li .
11"9.-Z040
Page 7 of(9)Pages Parcel No. 102305-9081-09
.. , ____. ......_ .....,.
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDERS USE ONLY,
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA . ,
A PORTION OF THAT PROPERTY DESCRIBED IN QUIT CLAIM DEED,
RECORDED UNDER AUDITOR'S FILE NO. 20081215000432, KING
COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH'88'37'32" EAST 5,00 FEET ALONG THE
NORTH LINE OF SAID PROPERTY; THENCE SOUTH 00'00'52" WEST
42.84 FEET; THENCE SOUTH 89'59'08" EAST 5.00 FEET; THENCE
SOUTH 00'00'52' WEST 40.50 FEET; THENCE NORTH 89'59'08" WEST
5.00 FEET; THENCE SOUTH 00'00'52" WEST 112.49 FEET; THENCE
SOUTH 44'59'08" EAST 23.33 FEET; THENCE SOUTH 00'00'52" WEST
27.00 FEET; THENCE SOUTH 45'00'52' WEST 23.33 FEET; THENCE
SOUTH 00'00'52" WEST 21.92 FEET TO THE SOUTH LINE OF SAID
PROPERTY; THENCE NORTH 89'.00'27" WEST 5.00 FEET ALONG SAID
SOUTH LINE TO SAID RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52"
EAST 40.33 FEET ALONG SAID RIGHT—OF—WAY LINE; THENCE SOUTH
89'59'08" EAST 5.00 FEET; THENCE NORTH OO'OO'52" EAST 23.00
FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 136.00 FEET
ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 89'59'08" EAST 5.00
FEET; THENCE NORTH 00'00'52" EAST 30.50 FEET; THENCE NORTH
89'59'08" WEST 5.00 FEET TO SAID RIGHT—OF—WAY LINE; THENCE
NORTH 00'00'52" EAST 47.96 FEET TO THE TRUE POINT OF
'BEGINNING.
CONTAINING 2,042 SQUARE FEET, MORE OR LESS.
1A.e r`TO i'.1\
�.5 4 p/o�.
I i
Page 8 of(9)Pages Parcel No. 102305-9081-09
PLEASE MAKE NO MARK,IN TUE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN TI IE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY:
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT •
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M. I
; .
CITY OF RENTON, KING COUNTY, WA
T.P.0.6. S88'37'32'E
} ":i __5.00' _.___ NE 12th ST(PRIVATE) —
SO0'00'52V
}
N00'00'52'E Ie/-42.84
47.96' S89'59'08'E
' 5.00'
N89'59'OB W
5.00'
I I S00'00'5211/
N00'00'52'E I I 40.50'
30.50'
I
S89'59'08'E j
5.00' i ' N89'59'08'W
5.00 ( APN 1023059081 )
' i Ia PRICKS ROBERT E SR
W �:'; 1160 DUVALL AVE NE 98059
z li
W NO0'00'52'E I x
Q1136.00' ,S
{ I -I I ( 1 ,
> I ,
QI j S44'59'08'E
N89'59'081W j I / _ 23.33'
5.00'
I SO0'00'52'W
I. INOO'00'52'E I
I 23.00' 1-27.00'
S89'59'08'E t j} /'
5.00 1 s..`_S45'00'52'W
l Ir 23,33'
N
N00'00'52'E '^ ofSO0'00'52 V � !N
TOTAL AREA i 40.33' h'.' 21.92' _____ .__._ 1°=50'
2,042 SQ. FT. j I N89'00'27V Parametrix
LEGEND --'tip. s ry ,
F.� pF SfASy��'I . ,.
T.P.O.B. TRUE POINT OF BEGINNING . 4(..t '1�: f'
/ / f'c•C • Job,,a
J/////////////1 TEMPORARY CONSTRUCTION
EXISTING RIGHT OF WAY LINE 12 4 it. R
__-- - - ---- -- CENTERLINE i '�Fss or�p 5��.�
.-._.——.__-__—._———---—— PROPERTY LINE �i
( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER
�ZOZ0
Page 9 of(9)Pages Parcel No. 102305-9081-09
_,. t
. ._.....V H.PLEASE MAKE NO MARK IN TMARGIN _.... _.........__._.._.._...
HE SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton, WA 98057
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE
Grantor(s): Robert E. Fricks, Robert E. Fricks Jr., Terresa L. George, Ronald E. Fricks,.Raymond E.
Fricks,and Richard E. Fricks
Grantee(s): City of Renton
Legal Description: N275FT OF W '/: OF E 'A OF NE '/OF NW '''A OF SEC. 10,T.23N., R. 05 E.,W.M.,
KING COUNTY,SUBJ TO CM&ST P TRANS LN ESMT LESS CO RD
Assessor's Tax Parcel Number: 102305-9081-09
Reference Number of Related Documents: N/A
RIGHT OF WAY EASEMENT
Duvall Avenue NE Project Project •
The Grantor(s), Robert E. Fricks,Robert E. Fricks Jr.,Terresa L. George, Ronald
E. Fricks, Raymond E. Fricks and Richard E. Fricks, as their respective separate property,l
and as tenants in common,for and in consideration of$10.00 and other valuable consideration,
receipt of which is hereby acknowledged, does hereby grant and convey unto the City of
Renton,a municipal corporation, and its successors and assigns (the Grantee), for use by the
public forever, from the property legally described on Exhibit "A" — Entire Parcel (the
"Property"), attached hereto and incorporated by this reference, a permanent right of way
easement, for the purposes described below, over, in, on, along, across, through, below and
upon, the portion of the Property legally described on Exhibit "B", (the ``Right of Way
Easement") and depicted on Exhibit "C", which are attached hereto and incorporated by this
reference.
The Grantee and its agents,designees and/or assigns,and the public,shall have the right
at such times as deemed necessary by Grantee, to enter upon, over, under and across the Right
of Way Easement to inspect, construct, reconstruct, operate, use, travel on, maintain, repair,
replace and enlarge the public rights-of-way for all public purposes, including but not limited
to, motorized and nonmotorized vehicular travel lane, landscaping, sidewalks, street lights,
Parcel No. 102305-9081-09
Page 1 of(7)Pages
•
PLEASE MAKE NO
MARK IN TUE MARGIN SPACE•RESERVED FOR COUNTY RECORDER'S USE ONLY.
RIGHT OF WAY EASEMENT
utilities (including without limitation water, sewer, storm water, electric, gas.,
telecommunications, cable and fiber optics, either owned or operated by Grantee or -those
utilities which provide service to Grantee or its citizens and are operated by permission ofi
Grantee through franchise or permit)appurtenant slopes,cuts,fills and retaining walls,together,
with the right of ingress and egress thereto without prior institution of any suit or" proceedings
and without incurring any legal obligation or liability therefore.
I 1
{ THIS EASEMENT is executed and delivered and said easement is granted upon the following
conditions to wit:
1. The Grantor,its heirs,executors,administrators, successors and assigns,.hereby releases
the Grantee, its agents and employees, assigns and successors from any and all liability for
damage to the remaining lands resulting from this conveyance, and construction and
maintenance of the right of way, provided the Grantee, its agents and employees, assigns and
successors shall, as soon as practicable, after construction of the retaining wall and all
subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and
presentable condition.
2. Grantor shall not interfere in any manner with the easement rights granted to Grantee
and the public in this Right of Way Easement. Without limitation, Grantor shall not (1) erect
or maintain any buildings, structures, or improvements within the Right of Way Easement; (2)
disturb the lateral or subjacent support of the roadway, sidewalks, utilities and other
improvements and uses of the Right of Way Easement by Grantee, or undertake any form of
Construction or other activity that may disturb or damage the roadway, sidewalks, utilities, or .
other improvements or uses of the Right of Way Easement by Grantee;or(3)plant trees,shrubs;
or other vegetation having deep root patterns that may cause damage to or interfere with the use
of the streets, sidewalks,or utilities.
3. The rights granted herein shall not be construed to interfere with or restrict the Grantor;
its heirs,executors, administrators, successors and assigns from the use of the Property Outside
of the Easement Area for the construction and maintenance of property improvements outside
of the Easement Area,
4. This Right of Way Easement and the rights, obligations and covenants:stated in
this Right of Way Easement.shall run with the land and shall be binding upon and shall inure
to the benefit of the Grantor and Grantee. This Right of Way Easement shall be recorded with
the King County Recorder's Office.
5. It is understood and agreed that delivery of this Right of Way Easement is hereby
tendered and that the terms and obligations hereof shall not become binding upon City of
Renton unless and until approved hereon in writing by City of Renton.
Parcel No. 102.305-9081-09
Page 2 of(7) Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDEDCS USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
RIGHT OF WAY EASEMENT
I •
1 i
1
i
i
I Dated: ,20 . I
1
Grantor:
i 1
' &Veit dif-------(ThAkel,zo
. Fricks
i ' I
i
Robert E. Fricks Jr.
1 . ,. •
I
i .
\..t-A•e•-1°.-- ---- 5;tCA,61-91.--/,
1 eresa L.George
(; 1
7.1..\
1
! Quaid E.Fricks
1 .
; Raym t a.Frichs ;
;
i 1
; 1,....e .44..../...
' 'chard E.Fricks
1
1
I
Accepted and Approved
i City of Renton
By
ti
Its
Date ,
Parcel No. 1030-9081-09
i
, .
1 Page 3 of(7)Pages
1 .
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S use ONLY;
RIGHT OF WAY EASEMENT
Dated: ,20—
Grantor:
Robert E."Fricks.
Robert E.Fricks Jr.
Teresa L. George
ona E. Fricks
e
Ra on ric�s
Richard E.Fricks
Accepted and Approved
City of Renton
By .
Its
Date
Parcel No. 102305-9081 09
Page 3 of(7)Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN TI iE MARGIN SPACE-RESERVED FOR COUNTY RECORDER: ONLY.
RIGHT OF WAY EASEMENT __...._..__._._.._. :___ _-.
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Robert E. Fricks, to me known to be-the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this // day of_ ,20 , /•
(SEAL) Air 14. G'
��..‘‘‘i . r ' blic
iiii
GJ:-'s,32696,,„ 9l4 tn
Printed ae
s VIOTAR y 1•
—►•+- Residing at /16/.
iO
o PUBL1� ti; so
,I19,fe FXPIRES��n• o� My appointment expires / a.
ti.OF WAS\AV".
{
STATE OF WASHINGTON
ss.
COUNTY OF KING I
On this day personally appeared before me Robert E. Fricks Jr., to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this /2.day ofMi ,20
(SEAL b_..),,,_
fP326l \
otary Public(�
"4tI 'tea of
, Printed
'Name
F NOTAEi. j Printe Name
i J
I N���i PV BL G A7.1 4 Residing at k//�/daitt�
i 9 W t i FXPI RES‘:..-'e r /Pld-e�I '�%%%%%%%%% G My appointment expires g
l O p WA`Y��—''
Parcel No. 102305-9081-09
Page 4 of(7)Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
___......-_.,PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY, •
• RIGHT OF WAY EASEMENT
STATE OF WASHINGTON f
ss.
COUNTY OF KING j
-
On this day personally appeared before me Teresa L. George, to me known to be,:the individuals):
described in'and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20?-0
o >%Ni,' L,�,� "ubli,
Or
0 %•32e9s•�,,.6. �+, A ba f
f i ,A0TAR d
!" --r►. $ i Printed ante .
ice' p G7.
o* Nett- o= A2rklai
�-E.
��r�F ,,y O= . Residingat
t�+ ',% kPiRES �',``(1.
gyp! OTC WAS�A•\ 4 My appointment expires i / / .g . ' '
!!*t44`aN.N":_
STATE OF WASHINGTON
ss.
COUNTY OF KING }
On this day personally appeared before me Ronald E. Fricks, to me known to be the individuals)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the.•
same as his/her/their free and voluntary act-and deed,for the uses and purposes therein mentioned.
.DATED this -8 lay of ,20 ,,__
•
(SEAL) �.idd J
+.,,,i,1441,p% !ary Pu►lic
• �JA al,!!!� t
GJ,..�;3269s 1.y f)�j� KlS
'+y� Io Printed/Name
NOTAAk
I.' PUBLIC i s i Residing at # .
f� •
p r
} I41i,.9` I,+ `\'P`RES`,titi c-.o C ; My appointment expires �e9-
I4,,1 WASH •.
Parcel No. 1056579081709
Page 5 of(7)Pages
,
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED POR COUNTY RECORDER'S USE ONLY;
_. PLEASEMAKENOMARKINTUEMARGINSPACE-RESERVEDFORCOUNTYRECORDER'SUSEONLY, _....,....___.__�.
RIGHT OF WAY EASEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this,day personally appeared before me Raymon. E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instr lent,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed, for t,e uses and purposes therein mentioned.
DATED this day of ,20
(SEAL)
Notary Public
•
Printed Name j
•
Residing at
My appointment expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
On.this day personally appeared before me Richard E. Fricks, to me known to be the individual(s)
described in and who executed the within and foregoing instrument,and acknowledged that he/she/they signed the
same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this / "day of ,Z0�
it o ry P Iic •
.
sGJ .326gS'���i�,/� 100 /s'
NOTA9k / Printe ame
PUBLIC
Residing at Al
''''P`R,g,`1 r i QF 41.�= My appointment expires /01/e)d/Ag
i Q WASH
{
Parcel No. 102305-9081-09
Page 6 of(7)Pages
PLEASE MAKE NO MARK IN TUE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
RIGHT OF WAY EASEMENT
STATE OF V‘76: 46Td-
•
ss.
COUNTY OF f f6-
C Se—
On this day personally appeared before me.Raymond E. Fricks, to me known to be•the individual
described in and who executed the within and foregoing instrument,and acknowledged that hellheF e-y signed the
same as his/her' eir.free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this 7-* day of \- 1,C`.1. ,20 yo\
(SEAL)
otary 'ublic
•
< MIKE LEE Pr nted Name
to -� COMM...2165192 0
U! w ' NOTARY PUBLIGCALIFORNIA -f Residino atZ ZZA..LaN:4410-')C' , L ORANGE COUNTY
'2a -- My Term Exp,October 17,2020
My appointment expires \'k.\r>\-\)-
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me Richard E. Fricks, top known to be the individual(sl
described in and who executed the within and foregoing instrument,and ackn/cawledged that he/she/they signed the
same as,his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned.
DATED this day of ,20
(SEAL)
/Notary Public
Printed Name
Residing at
My appointment expires
!
J�
Parcel No. 102305-9081-09
Page 6 of(7)Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN Tim MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
RIGHT OF WAY EASEMENT
j 1
EXHIBIT"A"
ENTIRE PARCEL
EXHIBIT A
PROPERTY DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
(PER QUIT CLAIM DEED, RECORDED UNDER AUDITOR'S FILE NO. 20081215000432)
THE NORTH 275 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
I i
I ,
`L �gp81Sy jam.\ { i
4688O -9j
\;"<- kgJ S
sNAL LAt 9J V
•
Parcel No. 102305-9081-09
Page 7 of(7)Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY._ ^
--—....--.-_.............M._._-......___- PLEASE MAKE NO MARK IN II IE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
RIGHT OF WAY EASEMENT
{ EXHIBIT"B"
RIGHT OF WAY LEGAL DESCRIPTION •
EXHIBIT B
PERMANENT EASEMENT DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
A PORTION OF THAT PROPERTY DESCRIBED IN QUIT CLAIM DEED,
RECORDED UNDER AUDITOR'S FILE NO. 20081215000432, KING
COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52" WEST 47.96 FEET ALONG SAID
{ RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'O8" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
30.50 FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 30.50 FEET
ALONG SAID RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING;
{
TOGETHER WITH A PORTION OF SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52" WEST 214.46 FEET ALONG SAID
RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'08" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
23.00 FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 23.00 FEET
ALONG SAID RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 268 SQUARE FEET, MORE OR LESS.
g _
. KC.I,, M {
'
+t. 9 46889 .a
j r�HAt t-M -'' a
R.x.-a. -:--°. =.:mac.:: -wag,
y''Q ZOZP
} j
Parcel No. 102305-9081-09
Page 8 of(7) Pages
PLEASE MAKE.NO MARK IN.TIIE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY.
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY. ^
RIGHT OF WAY EASEMENT
EXHIBIT"C"
GRAPHIC DEPICTION
i
EXHIBIT C
PERMANENT EASEMENT {
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
} --_, _. ._.___. i______` NE 12th ST PRIVATE
P.O.C. ! + .r
....-----47.96'
I S89'59'08'E
I 5.00'
T.P.O.B. I ! soO'oO'52w
NO0'00'S2'E ,I 30.50'
f0.50'
j I N89'59'05"W '
5.00' i
Z 1j,�`
LU 1. ( APN 1023059081)
Q ! N FRICKS ROBERT E SR
—.I 1160 DUVALL AVE NE 98059
i > � �
O 1 S89'59'08'E
l S.00'
} T.P.O.B.
I NQO'00'5YE I SOO'00'52.W - ..
23.00' 23.00'
I i l
i f N89'S9'081N A
1,,._1
1 i o N 60'
TOTAL AREA ; i =so'
268 S0. FT. Parametrix
LEGEND I, .� �"'
P.O.C. POINT OF CoMUENCEMENT f ca F xA e ;, ,
T.P.0.8. TRUE POINT OF BEGINNING /'t�,e� �V-ro�.- j,
b,
�;�� '.;'j'i;j'r'.%%''' :� PERMANENT EASEMENT AREA x I
PROPOSED PERMANENT EASEMENT UNE j
— — EXISTING RIGHT OF WAY UNE t7id
�/ o� 9
PROPERTYN UNE it ,�,0ss\hiss 5▪�'• '�� K
( APN XXXXXXXXXXX ) KING COUNTY TAX PARCEL NUMBER Y7$'ZoZO
i
. Parcel No. 102305,-9081-09
j Page 9 of(7)Pages j
PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY RECORDER'S USE ONLY,
' Department of
Revenue`� REAL ESTATE EXCISE TAX AFFIDAVIT 'this firm is your receipt
Washington State CHAPTER 82.45 RCW-CHAPTER 458-6IA WAC when stamped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
0 Check box if the sale occurred Only,for salts fit a single Iucatiori cude do nr alter January I,MO,
in more than one location code. PLEASE TYPE OR PRINT
0 Check box if partial safe,indicate% sold. List percentage of ownership acquired next to each name.
ElName Robert E. Fricks, Sr., et al © Name City of Renton, a municipal corporation of
Ixthe State of Washington
m� Mailing Address 1621 Camas Ave NE c` MailingAddress
a z }zcciAQ 1055 S. Grady Way
City/State/Zip Renton, WA 98056 =c4 City/State/Zip Ref�n, WA 98057
Phone No.(including area code) Phone No,(including area code)
IIISend all property tax correspondence to: ® Same as Buyer/Grantee list all real and personal property tax parcel List assessed value(s)account numbers-check box if personal property
Name 102305=9081 0 966,200.00
Mailing Address ❑ 0.00
City/State/Zip
0 0.00
Phone No.(including area code) 0 0.00
IIStreet address of property: 1160 Duvall Ave NE
This property is located in Renton
❑ Check box Wally of the listed parcels arc being segregated from another parcel.arc part ofa boundary line adjustment or parcels being merged.
Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit)
See Attached----
5 Select Land Use Code(s): lill List all personal property(tangible and intangible)included in selling price.
i
11•Household,single family units
enter any additional codes: -
(See back of last page for instntetions) YES NO
• Was the seller receiving a property tax exemption or deferral ❑ 0
under chapters 84.36,84.37,or 84.38 RCW(nonprofit If claiming an exemption,list WAC number and reason for exemption:
organization,senior citizen,or disabled person,homeowner WAC No.(Section/Subsection)
458-61A-206(2)
with limited income)?
Reason for exemption
I Is this property predominantly used fly timber(as classified under ❑ 0
RCW 84,34 and 84.33)or agriculture(as classified tinder RCW Exercise of Eminent Domain
84.34.020)?See ETA 3215
I Ill
'a
YES NO
Is this property designated as forest land per chapter 84.33 ItCW? 0 Q Type of Document Right of Way Easement
Is this property classified as current use(ppcn space,farm and ❑ ❑✓ Date of Document
agricultural,or timber)land per chapter 84.34 RCW?
Is this property receiving special valuation as historical property ❑ D
per chapter 84.26 RCVS'
If any answers arc yes,complete as instructed below. Gross Selling Price $ • 0.00
(I)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Personal Property(deduct) $ 0.00
NEW OWNER(S):To continue the current designation as forest land or
classification as current use(open space,farm and agriculture,or timber)land, Exemption Claimed(deduct) $ 0.00
you must sign on(3)below.The county assessor must then determine if the Taxable Selling Price $ 0.00
land transferred continues to qualify and will indicate by signing below lithe
land no longer qualifies or you do not wish to continue the designation or classi- Excise Tax:State
fication,it will be removed and the compensating or additional taxes will be due Less than S500.000.01 at 1.1% $ 0.00
and payable by the seller or transferor at the time of sale.(RCW.84.33.I4Iu or
RCW 84.34.I llS).Prior to signing(3)below,you may contact your local county From 5500.000 t I to S L5tto.000 at 1.28 $ 0.00
assessor for more information. From SI,500.000.01 to S3,0(10,000 at 2.75%
0.00
This land 0 does Q does not qualify for continuance. Above$3,000.000 at 3.0% $ 0.00
Agricultural and timberland at 128% $ ' 0.00
Total Excise Tax:State $ 0.00
DEPUTY ASSESSOR DATE 0.0050 Local
_ 0.00
(2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Interest:State $ 10.00
NEW OWNER(S):To continue special valuation as historic property,sign(3)
below.If the new owner(s)does not wish to continue,all additional tax calcu- Local $ 0.00
lated pursuant to chapter 84.26 R C W,shall be due and payable by the seller or *Delinquent Penalty $ 0.00
transferor at the time of sale.
(3)NEW OWNER(S)SIGNATURESubtotal $ 0.00
*State Technology Fee S 5.00
*Affidavit Processing Fee $ 5.00
PRINT NAME 'total Due $ 10.00
A MINIMUM OFS10.00 IS DUE IN FEE(S)AND/OR TAX
'SEE INSTRUCTIONS
8 I CERTIFY UNDER PENALTY OF PERJURY THAT TI IE FOREGOING IS TRUE AND CORRECT
Signature of u� ,, Signature of
Grantor or Grantor's Agent i.,0 ixt 0 Grantee or Grantee's Agent
Name(print) �"e�-eC�. 'I ,p Name(print)
Date&city of signing 1 /-„' `�- K,C.- Date&city of signing
Perjury:Perjury is a class C Many which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five.years,or by a
I fine in an amount fixed by the court of not more than five thousand dollars($5.000.00),or by both imprisonment and fine(RCW 9A.20,02(I(IC)).
REV 84 0001a(I2/6/19) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURER
I
EXHIBIT "B" •
RIGHT OF WAY EASEMENT LEGAL DESCRIPTION
EXHIBIT B
PERMANENT EASEMENT DESCRIPTION
NW 1/4 OF SEC. 10, T. 23 N., R. 05 E., W.M.
CITY OF RENTON, KING COUNTY, WA
A PORTION OF THAT PROPERTY DESCRIBED IN QUIT CLAIM DEED,
RECORDED UNDER AUDITOR'S FILE NO. 20081215000432, KING
COUNTY RECORDS, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52" WEST 47.96 FEET ALONG SAID
RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'08" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
30.50 FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 30.50 FEET
ALONG SAID RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH A PORTION OF SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PROPERTY, ALSO
BEING THE EASTERLY RIGHT—OF—WAY LINE OF DUVALL AVENUE
NORTHEAST; THENCE SOUTH 00'00'52" WEST 214.46 FEET ALONG SAID
RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89'59'08" EAST 5.00 FEET; THENCE SOUTH 00'00'52" WEST
23.00 FEET; THENCE NORTH 89'59'08" WEST 5.00 FEET TO SAID
RIGHT—OF—WAY LINE; THENCE NORTH 00'00'52" EAST 23.00 FEET
ALONG SAID RIGHT—OF—WAY LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 268 SQUARE FEET, MORE OR LESS.
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Parcel No. 102305-9081-09 Page 11 of 13
INSTRUCTIONS FOR DISBURSEMENT OF PROCEEDS TO
PROPERTY OWNERS
RE: City of Renton
Project Name: Duvall Avenue NE Project
Tax Parcel No: 102305-9081-09
Property Address: 1160 Duvall Ave NE
Project Parcel No: 12
FROM: Robert E. Fricks, Robert E. Fricks Jr.,Terresa L George,Ronald E. Fricks, Raymond E. Fricks
and Richard E. Fricks
TO: City of Renton,
Proceeds due at closing from the above referenced real property transaction,are to be disbursed to the
undersigned parties and reported to the IRS(1099-S)as follows:
50%to: Robert E. Fricks($5,150)
10%to Robert E.Fricks Jr. ($1,030)
10%to Terresa L.George($1,030)
10%to Ronald E. Fricks($1,030)
10%to Raymond E. Fricks($1,030)
10%to Richard E. Fricks($1,030)
R ricks
o ert E. ticks Jr.
� .�( . _9L ' G`
T esa L. George
sird&
na E. Fricks
Raymon , Fricks
ichar . Fric s
INSTRUCTIONS FOR DISBURSEMENT OF PROCEEDS TO
PROPERTY OWNERS
RE: City of Renton
Project Name: Duvall Avenue NE Project
Tax Parcel No: 102305-9081-09
Property Address: 1160 Duvall Ave NE
Project Parcel No: 12
FROM:Robert E.Fricks, Robert E. Fricks Jr.,Terresa L George, Ronald E. Fricks, Raymond E. Fricks
•
and Richard E. Fricks
TO:City of Renton,
Proceeds due at closing from the above referenced real property transaction, are to be disbursed to the
undersigned parties and reported to the IRS(I 099-S)as follows:
50%to: Robert E.Fricks($5,150)
10%to Robert E.Fricks Jr.($1,030)
10%to Terresa L. George($1,030)
10%to Ronald E. Fricks($1,030)
10%to Raymond E. Fricks($1,030)
10%to Richard E. Fricks($1,030)
Robert E. Fricks
Robert E.Fricks Jr.
Teresa L. George
Ronald E. Fricks
f: t.-
Raymond E. Fricks
Richard E. Fricks
REAL PROPERTY VOUCHER AGREEMENT
AGENCY NAME I hereby agree to the tents and conditions listed below and
City of Renton hereby certify under penalty of perjury that the items and
Renton City Hall amounts listed herein are proper charges,that the same or
]055Renton
S. Grady Way any part thereof has not been paid,and that I am
authorized to sign for the Claimant:
Renton, WA 98057 (Sign in Ink)
Phone: (425)430-6400
GRANTOR or CLAIMANT By.`. A2,/14' •
Robert E. Fricks. et al Owner/Authorized Representative
1621 Camas Ave NE Date: 51/4/
Renton,WA 98056
Re: City of Renton-Duvall Avenue NE TAX PARCEL NUMBER: .102305-9081-09
PROJECT PARCEL NUMBER: 12
In Full,Complete and Final Payment and Settlement for the Title or Interest
Conveyed or Released,as Fully Set Fo h in Attached Documents: AMOUNT
ROW Easement Dated: 6 f c', 0
For All Lands Convey: +$00.00
ROW Utility Easement: 268 SF @$20.00 50% +$2,680.00
Easement: TCE 2,042 SF @$20.00 @ 1.6% +$6,534.40
For All Damages: 1 Tree within the Easement area +$-1,000.00
Less Special Benefits:
Statutory Evaluation Allowance
JUST COMPENSATION.,, $10,300.00(R)
Legal/Administrative: +$
Other Items:
•
Deductions:
FINAL SETTLEMENT $10,300.00
SUBTOTAL $ 10,300.00
TOTAL AMOUNT TO BE PAID: $10,300.00
Right-of-Way Agent: Sonja Davis
: ‘--
4ç4
IC$4
r--4V1-0
Date
The City of Renton agrees to the terms and conditions listed above.
By:
Date
ADM ;TRATIVE OFFER SUMMARY#2 - PAI_ L 12
Project: City of Renton-Duvall Avenue NE
Plan Sheet: 11 of 73 Plan Approval Date: 6/19 Revision Date: N/A
Federal Aid Number: N/A Tax ID No: 102305-9081 -
Owner: Robert Fricks
Location: 1160 Duvall Place NE,Renton,WA 98059
Before Area: 78,843 SF After Area: 78,843 SF
Acquisition Area:
Fee: 0 SF Utility Easement: 268 SF
(area) (type) (area)
Current Use: Single-Family Zoning: Multifamily(RMF)
Highest and Best Use: Develop with SFR plat
Effects of Acquisition:
The subject consists of a rectangular-shaped parcel on the east side and above grade of Duvall Avenue NE.The proposed acquisition
consists of two narrow,permanent easement strips along the frontage,23 to 30 feet in length and 5 feet in depth,a total of 268sf.
The permanent easement is necessary for PSE vaults and a jog of the planned retaining wall(around vaults)along the frontage.
Additionally,a 5-foot TCE across the entire length,increasing to about 23 feet behind the southerly permanent easement,is required,
a total of 2,042sf.The TCE is necessary to build the large wall around the southerly vault and shorter wall along the remainder
frontage.The TCE is valued at 8%/year,or 16%for the full term(24 months).Project maps indicate clearing and grubbing will be
located largely within the existing right-of-way,though access to the TCE area on the subject may be necessary.The project engineer
indicated possible removal of native undergrow/shrubs(no contribution)and one evergreen tree.
Sales relied on: Sales 5-6 contained in data package dated: 7/17/19
Subject sold within the last 5 year! No If yes,is sale included in data package? N/A
If no,explain why not:
ACQUISITION COMPENSATION
Land in Fee:
(unit value)
Easements:
268 Utility $20.00 50% $2,680.00
(area sf) (type) (unit value) (%)
2,042 TCE $20.00 16% $6,534.40
(unit value) (%)
Improvements:
Trees 1 $1,000.00 ea $1,000.00
type value unit value
Damages:
Total: $10,214.40
Worksheet Date: 4/14/20 Total(Rounded): $10,300.00
Prepared By: ��'" Date: 4/14/20
1 /have no present or prospective interest in the property that is the subject of this report and 1 have no
personal interest or bias with respect to the parties involved.
2. My compensation is not contingent on an action or event resulting from this report.
3. /affirm that the valuation problem is uncomplicated. I concur in the value estimate herein. I authorize an
Administrative Offer be made in said amount as Just Compensation.
'7 Date: 4/16/2020
This form is prepared in co formance with Federa ate policy and procedures,under the Uniform Relocation Act;it does not constitute an appraisal.
•
ADMINISTRATIVE OFFER SUMMARY PARCEL 12
Project: City of Renton:,Duvall Avenue NE -
Plan Approval 6/19 Revision Date: N/A
Plan Sheet: 91.of 73. Date:
Federal Aid Number: N/A Tax ID No: 102305-9081
Owner:. Robert Flicks .
Loiation: 1160 Duvall Place NE,Renton,WA 98059
Before Area: 78,843 SF After Area: 78,843 SF
Acquisition Area:
Fee: 0 SF TCE Easement: 1,522 SF
(area) (type) (area)
Current Use: Single-Family .. Zoning: Multifamily(RMF)
Highest and Best Use: Develop with SFR plat
Effects of Acquisition: •
The subject consists of a rectangular-shaped parcel located on the east side of Duvall Avenue NE.The property Is improved with a
710sf single-family home constructed in 1934.The proposed acquisition consists of a five-foot TCE along the westerly property
boundary,a total of 2,730sf.The acquisition is necessary to allow contractors access to the site while constructing street
improvements within the abutting Duvall Avenue NE right-of-way for a period of 24 months.The TCE is valued at 8%/year,or 16%for
the full term.Project maps indicate clearing and grubbing Will be located entirely within the existing right-of-way,though access to
the TCE area on the subject may be necessary.
Sales relied on: Sales 5-6 contained in data package dated: 7/17/19
Subject sold within the last 5 years No If yes,is sale included in data package? N/A
If no,explain why not:
ACQUISITION COMPENSATION •
Land in Fee:
(unit value)
Easements:
1,522 TCE $20.00 16% $4,870.40
(area so (type) (unit value) (%)
(unit value) (%)
Improvements:
sf sf
(type) (square feet) (unit value)
Damages:
•
Total: $4,870.40
Worksheet Date: 7/17/19 Total(Rounded): $4,900.00
Prepared By Date: ..7/17/19
1 I have no present or prospective interest in the property that is the subject of this report and I.have no
personal interest or bias with respect to the parties involved.
2. My compensation is not contingent art onoction or event resulting from this report
3. 1 affirm that the valuation problem is uncomplicated, I concur in the value estimate herein 1 authorize an
Administrative Offer be made in said amount as Just Compensation.
•
ind.1 Date: j
This form is prepared in con ilhance with Federal and State policy and procedures,:under the Uniform Relocation Act It does not constitute
t tote an
SUBJECT PARCEL 12
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•
Market Data -Comparable Sale 5
(1)ADDRESS or LOCATION: 1128 Chelan Ave NE,Renton,WA 98059
(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from Chelan Avenue NE with additional frontage on Duvall Avenue NE
b. Use at Sale: Vacant,interim structures
c. H&B Use: Single-Family
d. Zoning: R8
e. Dimensions: Rectangular
f. Site Area(sf): 50,965
g. Sale Date: 2/28/2019
h. Price: $800,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2975483
I. Seller. New Hope Development
m. Buyer: Renton School District
n. Confirmed with: Sue Liew
Phone#:
o. Confirmed by: Diane Quinn
p. Date Inspected: 11/5/18
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 102305-9249
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
This is the February 2019 sale of a 50,965sf residential development site located between Chelan
a
Avenue NE and Duvall Avenue NE.The property was purchased by the Renton School District based
an appraisal.According to the broker of the prior sale,a porton of the property is impacted by a small
sensitive area resulting in a usable area of about 35,807sf equating to about$22.34/sf.
b. Confirmation Data and Comments:
The property previously sold in late 2017 for$700,000.
(6)ANALYSIS: •
ITEM Contribution Market Value
Land: • $800,000 $15.70
Building Improvements: $0 $0.00
Site Improvements: $0 $0,00
Other. $0
$0.00
TOTAL SALE PRICE,$/SF $800,000 $15.70
COMPARABLE SALE 5
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Market Data - Comparable Sale 6
(1)ADDRESS or LOCATION: 5008 NE 2nd Street,Renton,WA.98059
(2)SALE SKETCH AND PHOTO ARE ON FOLLOWING PAGE
(3) a. Access: Direct from NE 2nd Street
b. Use at Sale: Residential
c. H&B Use: Single-Family
d. Zoning: R8
e. Dimensions: Rectangular
f. Site Area(sf): 50,112
g. Sale Date: 6/15/2018
h. Price: $930,000
i. Instrument Type: Warranty Deed
j. Terms: Typical
k. Ex.Tax#or AF#: E2936513
I. Seller: Norman Green
m. Buyer: Xavier Crossings LLC
n. Confirmed with: Chris Foster
Phone#: 425-218-1932
o. Confirmed by: Diane Quinn -
p. Date Inspected: 7/17/19
(4)LEGAL DESCRIPTION or TAX PARCEL NUMBER: 152305-9219
(5)PHYSICAL CHARACTERISTICS(description at sale,confirmation information,changes since sale,etc.):
This is the June 2018 sale of a residential plat site located at the northwest corner of NE 2nd Street
a.
and Hoquiam Avenue NE.The site was improved with an older SFR that was considered of no or only
minimal contribution.The site was purchased by a developer for five or six-lot short plat.
b. Confirmation Data and Comments:
(6)ANALYSIS:
ITEM Contribution Market Value
Land: $930,000
$18.56
Building Improvements: $0 $0.00
Site Improvements: $0 $0.00
Other: $0 $0.00
TOTAL SALE PRICE,$/SF $930,000 $18.56
COMPARABLE SALE 6
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