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HomeMy WebLinkAboutSP-Exceptions 068c_2013080100222020130801002220.001 CHICAGO TITLE INS. CO. REF# 13U 1 Z-z T-6 After Recording, Return To: Boeing Law Department 7755 East Marginal Way South Seattle, WA 98108 Attention: Real Estate Counsel DOCUMENT TITLE: Partial Termination of Lease 11111 mm�z m REFERENCE NUMBER(S) OF RELATED DOCUMENTS: 199707030128; 20030221002404;20040108000164; 20050504000673 GRANTOR/BORROWER: The Boeing Company, a Delaware corporation GRANTEE/ASSIGN EE/BENEFICIARY: Longacres Park, Inc., a Washington corporation LEGAL DESCRIPTION: Portions of Lots 4, 5, and 7 of the Boeing Longacres Property Binding Site Plan according to the plat thereof recorded in Volume 228 of Plats Pages 22 through 28, inclusive, as filed under Recording No. 20030221002404, and as amended under Recording Nos.20040108000164 and 20050504000673, records of King County Washington, more particularly described on Exhibit A. ASSESSOR'S PARCEL NO(S).: 088670-0040-06; 088670-0050-03; 088670-0070-09 Page 1 of 6 20130801002220.002 PARTIAL TERMINATION OF LEASE This Partial Termination of Lease is entered into as of August 1, 2013 between Longacres Park, Inc., a Washington corporation ("Lessor") and The Boeing Company, a Delaware corporation ("Lessee"). Recitals A. Lessor and Lessee are parties to that certain lease agreement dated June 1, 1997 and recorded in the records of King County, Washington under recording no. 9707030128 (the "Lease") pursuant to which Lessor leases to Lessee and Lessee leases from Lessor certain real property (the "Leased Property"). B. Lessor intends to sell a portion of the Leased Property and wishes to terminate the Lease with respect to the land to be sold. Lessee is willing to terminate the Lease with respect to the land to be sold. Agreements For ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. Partial Termination of Lease. The Lease is hereby terminated with respect to the land as legally described on Exhibit A (the "Terminated Property"). Miscellaneous. 2.1 This Partial Termination of Lease will be effective immediately upon execution and delivery by the parties. Either party if authorized to record this Partial Termination of Lease in the records of King County, Washington. 2.2 This Partial Termination of Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 2.3 This Partial Termination of Lease shall be governed by the law of the State of Washington, without reference to its choice of law rules. 2.4 This Partial Termination of Lease supersedes any prior agreements, negotiations and communications, oral or written, with respect to this subject matter and contains the entire agreement between, and the final expression of, Lessor and Lessee with respect to the subject matter of this Partial Termination of Lease. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. Page 2 of 6 20130801002220.003 3. Status of Lease. The Lease continues in full force and effect in accordance with its terms, except with respect to the Terminated Property. On and after the date of this Partial Termination of Lease, the Lease shall be deemed amended by this Partial Termination of Lease and all references in the Lease to "this Agreement" "this Lease" "herein" "hereof' and the like shall be deemed to be references to the Lease as amended by this Partial Termination of Lease. IN WITNESS WHEREOF, the parties have executed this Partial Termination of Lease as of the date first written above. Longacres Park, Inc. By: Nam : Sae E Sahlinger Title: Date Signed: 7/.2 V/ Page 3 of 6 The Boeing Company By:—� Name: Stevw E.795h Inger Title: Date Signed: 7�a / / 3 20130801002220.004 STATE OF WASHINGTON COUNTY OF KING Im ACKNOWLEDGMENT I certify that I know or have satisfactory evidence that lj tyeo % U hij Qgf— is the person who appeared before me and said person acknowledged that he signed thi4 instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Signatory of Longacres Park, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed this . t day of 2013. Notary Notary Public State of WAsbington ARLENE C RICE My Appointment Expires Aug 15, 2016 Page 4 of 6 Cie, � I LAi Notary Public 'n and for the Stat of Washington Residing at �j--0 My commission expires: 1 �O,nl7 n IQ►ce Type or Print Notary Name 20130801002220.005 STATE OF WASHINGTON COUNTY OF KING ss ACKNOWLEDGMENT I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that -he signed thi instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Signatory of The Boeing Company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed this —29 _^ day of 2013. Sea6tary Public State of wishlnpton ARLENE C RICE ' My Appolntinem ExpheiAug 15; 2016 Page 5 of 6 1 Notary Publi in and for the to of Washington Residing at Mmmiss on expire . Iep Mo_ l P C! , r P_ ype or Print Notary Name 20130801002220.006 EXHIBIT A LEGAL DESCRIPTION OF THE TERMINATED PROPERTY Portions of Lots 4, 5, and 7 of the Boeing Longacres Property Binding Site Plan according to the plat thereof recorded in Volume 228 of Plats Pages 22 through 28, inclusive, as filed under Recording No. 20030221002404, and as amended under Recording Nos. 20040108000164 and 20050504000673, records of King County Washington, more particularly described as follows: That portion of Lot 4 commencing at the southeast comer of said Lot 4; thence along the south line of said Lot 4, S 89.59'25" W a distance of 397.76 feet to a point, said point being 50.00 feet easterly of (when measured perpendicular to) the easterly margin of the BNSF Railroad right-of-way, said point also being the True Point of Beginning of this described portion of Lot 4; thence continuing along said south line, S 89°59'25" W a distance of 50.03 feet to said easterly margin of said railroad right-of-way; thence along said easterly margin, N 02°06'22" E a distance of 207.47 feet; thence S 87°53'37" E a distance of 50.00 feet to a line, said line being parallel with and 50.00 feet easterly of said easterly margin of said railroad right-of-way; thence along said parallel line, S 02°06'22" W a distance of 205.63 feet to the True Point of Beginning. TOGETHER WITH that portion of Lot 5 commencing at the southeast corner of said Lot 5; thence along the south line of said Lot 5, S 89°59'25" W a distance of 213.20 feet to a point, said point being 50.00 feet easterly of (when measured perpendicular to) the easterly margin of the BNSF Railroad right-of-way, said point also being the True Point of Beginning of this described portion of Lot 5; thence continuing along said south line, S 89°59'25" W a distance of 50.03 feet to said easterly margin of said railroad right-of- way; thence along said easterly margin, N 02°06'22" E a distance of 672.79 feet to the north line of said Lot 5; thence along said north line, N 89°59'25" E a distance of 50.03 feet to a line, said line being parallel with and 50.00 feet easterly of said easterly margin of said railroad right-of-way; thence along said parallel line, S 02°06'22" W a distance of 672.79 feet to the True Point of Beginning. TOGETHER WITH that portion of Lot 7 commencing at the northeast corner of said Lot 7; thence along the north line of said Lot 7, S 89°59'25" W a distance of 213.20 feet to a point that is 50.00 feet easterly of (when measured perpendicular to) the easterly margin of the BNSF Railroad right-of-way, said point also being the True Point of Beginning of this described portion of Lot 7; thence continuing along said north line, S 89°59'25" W a distance of 50.03 feet to said easterly margin of said railroad right-of-way; thence along said easterly margin, S 02°06'22" W a distance of 333.19 feet; thence S 87°53'36" E a distance of 50.00 to a line that is parallel with and 50.00 feet easterly of said easterly margin of said railroad right-of-way; thence along said parallel line N 02°06'22" E a distance of 335.03 feet back to the true point of beginning. Page 6 of 6