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HomeMy WebLinkAboutA 20160208000458 AFTER RECORDING RETURN TO: 11110111101111110111111111 20160208000458 CITY OF RENTON EAS 91.00 PAGE-001 OF 019 City Clerks Office 02/08/2016 10:05 City of Renton KING COUNTY, WA 1055 South Grady Way EXCISE TAX NOT REQUIRED Renton,WA 98057 King Co. Records Division Deputy SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT GRANTOR: OFFICE AT SOUTHPORT LLC, a Washington limited liability Company, and HOTEL AT SOUTHPORT LLC, a Washington Limited Liability company GRANTEE: CITY OF RENTON, a Washington municipal corporation LEGAL DESCRIPTION "LOT A"AND "LOT B" CITY OF RENTON LOT LINE (Grantor Property): ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05) ASSESSORS' TAX 082305-9216 and 052305-9075 PARCEL ID NO. (Grantor Property): REFERENCE NO.: N/A 1 THIS PEDESTRIAN WALKWAY EASEMENT AGREEMENT ("Easement"), is entered into this 2(( day of r , 2016 ("Effective Date") by and between OFFICE AT SOUTHPORT LLC, a Washi gton limited liability company, and HOTEL AT SOUTHPORT LCC, a Washington limited liability company("Grantor"), and CITY OF RENTON, a Washington municipal corporation ("City" or "Grantee"). RECITALS A. Grantor is the owner of real property located in King County, Washington legally described on Exhibit A attached hereto (the "Grantor Property"). B. The Gene L. Coulon Memorial Beach Park, a municipal public park operated by Grantee, is located easterly of the Grantor Property(the "Park"). The Park is legally described on Exhibit B attached hereto. C. The Park includes a public trail, a portion of which is along the southern shoreline of Lake Washington. The Grantee would like to connect Gene Coulon Memorial Beach Park to the Cedar River Trail via the Sam Chastain Waterfront Trail,the western portion of which currently terminates to the south and west of the Grantor Property at Point A as depicted in Exhibit C. D. In the past, Grantor and/or affiliates of the Grantor have granted several easements to Grantee to enable Grantee to extend the Sam Chastain Waterfront Trail from the Park over several properties owned by Grantor and/or affiliates of the Grantor to create a continuous public walkway/trail system from the Park to the west boundary of the Grantor Property at Point C as depicted in Exhibit C. Those existing easements are recorded with King County under AFNs 20051021000894, 20051021000895, and 20051021000896, and 20001117001232. E. Grantor has agreed to grant an easement across that portion of the Grantor Property depicted on Exhibit D attached hereto and legally described in Exhibit E attached hereto (the "Easement Area") to enable the City to extend the Sam Chastain Waterfront Trail further to the west toward the existing Cedar River Trail subject to the terms and conditions set forth herein. F. Grantor has constructed a dock over the west flume, which is described in the Southport Planned Action Environmental Impact Statement (DSEIS,pp. 2-9 and 2-22). This dock encompasses the Easement Area, as well as a portion of the Grantor Property not subject to this Easement. For the purposes of this Easement,the portion of the dock located in the Easement Area shall be known as the "Grantee Walkway," and the portion of the dock located outside of the Easement Area on any other portion of the Grantor Property shall be known as the "Grantor Walkway." 2 AGREEMENT In furtherance of the Recitals set forth above, which are incorporated herein by reference, and in consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Subject to the terms and conditions set forth herein, Grantor hereby conveys and quitclaims to Grantee a non-exclusive easement over, across, and upon the Easement Area for the purpose of operating and maintaining a public walkway for pedestrian use only. This Easement shall include the right to access by the Grantee(including its employees, agents and contractors) over the Easement Area as necessary for the Grantee to satisfy its maintenance and repair obligations as set forth in Sections 2J and 2K, including inspection at reasonable intervals. 2. Conditions on Easement. In the event the Grantee satisfies conditions A, B, and C below, the Grantee may access and utilize the rights granted in this Easement. Until then, the grant of Easement in Section 1 above, and these terms, condition and limitation shall have no force or effect. A. Grantee shall make continuous diligent effort with the owner(s) of the property to the southwest of the Grantor Property to obtain access rights (easement or other legal interest)to locate the trail connection on the adjacent property(current King County tax parcel 0723059001). Such alternative access rights would provide a trail connection between the Sam Chastain Waterfront Trail at Point A on Exhibit C to Point C on Exhibit C,thereby mooting the need for the subject Easement. For purposes of this easement "make continuous diligent effort" shall mean that the City will request a substitute easement from the adjacent property owner whenever permissible pursuant to its substantive legal powers under the State Environmental Policy Act("SEPA"), its Shoreline Master Program ("SMP"), or other applicable law whenever the adjacent owner seeks a permit or approval to improve or modify its property. B. The Grantee shall have completed construction of the extension of the Sam Chastain Waterfront Trail between Points A and B on the route shown on Exhibit C (hereinafter referred to as the "Trail Extension"), including obtaining any and all access rights and permits necessary to complete the Trail Extension. C. Concurrent with submitting any application(s)to construct the Trail Extension, the Grantee shall provide Grantor with a copy of all application materials for review and comment. D. Grantor reserves the right to use the Easement Area to construct,maintain, operate, or repair any improvements and/or uses on the Grantor Property or any affiliate properties legally described in Exhibit F ("Affiliate Properties"). This reservation shall include, but not be limited to,the right: (a)to install, construct,maintain, inspect,repair, replace, and operate any utilities and marine support facilities located now or in the future within the Easement Area(e.g., power, water, telephone service, and sewer pump out); (b) to temporarily block or interrupt access to the Easement Area for maintenance and/or emergencies; (c) to 3 temporarily block or interrupt access to the Easement area to construct, maintain, operate, or repair any improvements and/or uses on the Grantor Property and/or Affiliate Properties; (d) to block access up to five times per year to the Easement Area for up to 24 consecutive hours, or longer with the prior written approval of Grantee, for special events on the Grantor Property and/or Affiliate Properties, including, but not limited to, concerts, weddings, and conventions; n and (e) to construct a nor , a ,obscuring fence, (e.g., chain link without slats), immediately adjacent to the Easement `th'separating the Easement Area from the balance of the Grantor i f 2-11G Property. Grantor further reserves the right to use the Easement Area for any other purposes not inconsistent with the easement rights granted herein, provided that such other uses do not unreasonably interfere with Grantee's use of the Easement Area. E. Grantee shall exercise its easement rights in a manner that will not interfere with the Grantor's reasonable use of its property. F. The easement rights granted herein may be exercised only during those hours when the Park is open to the public, as maybe modified from time to time. G. The easement rights granted herein are limited to pedestrian connectivity only. Such rights do not include any rights of assembly, speech, demonstration or petition, and do not authorize exhibiting any placard, signs or notices, distributing any circular, handbill, placard, or booklet, soliciting membership or contributions,parading, picketing or loitering. H. The easement rights granted herein do not include the right to ingest,sell or distribute alcohol within the Easement area. I. Except as provided herein, Grantee shall have no right to make any temporary or permanent improvements, including installing landscaping,benches, signage or other structures, within the Easement Area without the prior written consent of the Grantor. J. Prior to commencing use of the Grantee Walkway pursuant to this Easement, and at regular intervals thereafter in the Grantee's reasonable discretion, the Grantee shall inspect the dock structure located within the Easement Area and confirm that the condition of the Grantee Walkway is safe and adequate for Grantee's purpose(s). K. Grantee's maintenance of the Grantee Walkway is subject to the following terms and conditions: i. Grantee shall have no responsibility to maintain the Grantee Walkway until Grantee physically has access to and utilizes the Easement. ii. The Grantee shall maintain the Grantee Walkway to a level consistent with the quality of the Grantor Walkway, but in no event shall that level fall below the standards for other pedestrian walkways maintained by Grantee along the Lake Washington shoreline and/or other parks owned or managed by Grantee. 4 iii. Grantee accepts the Grantee Walkway"AS IS" and assumes responsibility, at its sole cost and expense, for maintaining and repairing the Grantee Walkway surface consistent with the terms and conditions set forth herein. Grantee's maintenance responsibility shall include the obligation to replace the surface of the Grantee Walkway, as needed; provided that, Grantee shall submit its schematic plans and construction details for any proposed replacement of all or any portion of the Grantee Walkway surface to Grantor at least thirty(30) days before submitting for any related governmental permits or approvals, and at least sixty(60) days prior to commencing construction. L. All Grantee maintenance, repair and improvement activities (Section 2.K) shall be performed consistent with the following conditions and restrictions: i. Grantee shall perform all maintenance, repair and/or replacement work in a careful,workmanlike manner, free of claims or liens. ii. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably interfere with the use and enjoyment of the remainder of the Grantor Property or the Affiliate Properties. iii. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as not to unreasonably block pedestrian access or vehicular access to, from, and/or across the Easement Area by the Grantor, its lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents. iv. Grantee shall perform all maintenance, repair and/or replacement work in a manner so as to minimize impacts on any views from the Grantor Property or the Affiliate Properties of Lake Washington, and shall not block any views from the Grantor Property or the Affiliate Properties of Lake Washington for longer than a total of seven calendar days in any calendar year without first obtaining the prior written consent of the Grantor. v. Grantee shall perform all maintenance, repair and/or replacement work in a prompt and timely manner. Once Grantee has initiated any maintenance, repair and/or replacement work in the Easement Area, Grantee shall continue such work through completion without any unreasonable delay. vi. In those instances where Grantee's maintenance,repair or improvement of the Grantee Walkway may impair or obstruct Grantor's use of or access to the Grantor Walkway or affect the structure underlying the Grantor Walkway or Grantee Walkway, Grantee must obtain Grantor's prior written approval of any such plans and details before commencing construction on any portion of the Grantee Walkway or within any portion of the Easement Area. M. The parties acknowledge that there are several structural members, (e.g., corrugated iron bulkheads, I-beams, concrete wall, etc.) (collectively the "Structural Members"), that underlie and support portions of both the Grantor Walkway and the Grantee Walkway. The parties agree that in the event all or any portion of any of the Structural Members require maintenance, repair or replacement, Grantor shall complete such maintenance,repair and/or 5 . . e /iz2/lv • . , , s &d 2K( replaceme work in a timely and workmanlike manner(subject to any delays or restrictions imposed t ough government permits and approvals);provided that the parties shall share in the costs of y such repair, maintenance or replacement work. As of the Effective Date of this Easement the parties agree that Grantor shall be responsible for seventy five percent(75%) and the Grantee shall be responsible for twenty five percent (25%) of the costs of any such repair, maintenance or replacement work, including design and permitting costs; provided that either party may request review and revision of this cost split at any time based on actual percentage usage of the Grantee Walkway. In the event public use(persons using the Grantee Walkway not originating from the Southport properties) exceeds fifty percent(50%) of the total usage of the Grantee Walkway, the cost split shall thereafter be fifty percent (50%) from the Grantor and fifty percent(50%) from the Grantee. Grantor shall provide Grantee with an itemized invoice documenting the total cost of the maintenance,repair and/or replacement work, including design and permitting costs. Within sixty(60) days of receipt thereof, Grantee shall pay Grantor its share(as calculated above) of the total costs. N. In no event shall any of the Benefitted Parties (defined in Section 6 below) store, dispose,release, or discharge from, or otherwise use any "Hazardous Materials" or other wastes or substances on the Grantor Property or the Easement Area. "Hazardous Materials"means any(a)petroleum products or by-products; (b) all hazardous or toxic substances,wastes or materials or pollutants, including hazardous substances as defined by §101(14)of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and/or the Washington State Model Toxic Control Act,RCW §70.105.010, as amended; and (c) any other chemical,pollutant or material which is regulated by any federal, state or local governmental agency or authority under any environmental laws.Notwithstanding the foregoing, Hazardous Materials shall not be defined to include fuel or lubricants necessary for the operation of any of the Benefitted Parties'maintenance vehicles,inspection vehicles or maintenance equipment,provided that such materials are used in accordance with any and all applicable Hazardous Material laws, and are handled in a reasonably prudent manner. 3. Easements Run with the Land. A. The grant of the foregoing easement, to the extent it becomes effective, shall run with the land and inure to the benefit and be binding upon the successors and assigns of Grantee and Grantor, respectively, and shall bind the Grantor Property as the subservient tenement and benefit the Park as the dominant tenement, for so long as the Park remains open to the public. B. At the time in the future the Grantee is able to secure substitute access rights (easement or other legal interest) over the adjacent property(current King County tax parcel 0723059001)to provide a trail connection between the Sam Chastain Waterfront Trail at Point A on Exhibit C to Point C on Exhibit C, this Easement shall terminate and be of no further force or effect upon the Grantee opening the substitute access as a trail to the public. The Administration of Grantee will request capital funding for the trail construction from the City Council of Grantee once Grantee obtains the Boeing parallel easement and will diligently pursue state and federal grants and other available funding sources. Thereafter, Grantor and Grantee will execute and record a termination and release of this Easement. 6 4. Breach. In the event of any breach or threatened breach of this Easement by the Grantor or Grantee, the non-defaulting party shall have the right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened breach. 5. Risk of Damages. A. Any use of the Grantee Walkway is subject to RCW 4.24.200 and 4.24.210. B. Grantee accepts the Easement Area in its present condition, "AS-IS," and Grantor shall have no duties to Grantee regarding the condition of the Easement Area or the Walkway. 6. Indemnification. Notwithstanding the effect of Section 5 above, Grantee hereby releases, indemnifies and promises to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantee, or its successors, assigns, lessees, sublessees, tenants, subtenants, invitees, employees, contractors or agents (collectively the "Benefitted Parties") in the exercise of the rights granted herein, or in connection with or arising from the public's use of the Easement Area; provided however this paragraph does not purport to indemnify Grantor against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence or willful misconduct of Grantor, or its agents or employees. If a court of competent jurisdiction determines that this Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions in this Easement shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. 7. Insurance. Grantee and/or its contractors, employees and agents working on the Grantor Property or Easement Area shall maintain in full force and effect,beginning on the Effective Date of the rights granted in this Easement and continuing thereafter throughout the term of this Easement, a policy of commercial general liability and property damage insurance related to the Easement Area and the Benefitted Parties' and public's use or occupancy thereof in a form acceptable to Grantor and with a minimum limit of$5,000,000 per occurrence under which policy the Grantor is an additional insured. 8. General Provisions. A. Notices. Any notice, request, approval, consent, or other communication required or permitted to be given by any party to any other hereunder shall be in writing and shall be deemed to have been duly given when delivered personally or by overnight courier; or received following deposit as prepaid certified mail (return receipt requested)with the United States Postal Service; and 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. 7 GRANTOR: Office at Southport LLC do Seco Development 1083 Lake Washington Blvd. North, Suite 50 Renton, Washington 98056 GRANTEE: City of Renton do Community Services Department 1055 S. Grady Way Renton, Washington 98055 B. Attorneys' Fees. If any suit or other proceeding is instituted by any of the parties to this Easement arising out of or pertaining to this Easement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred from the substantially nonprevailing party, in addition to such other available relief. C. Entire Agreement. This Easement constitutes the entire agreement of the parties hereto with respect to the matters dealt with herein, and supersedes all prior correspondence, agreements and/or understandings, both verbal and written, not contained in this Agreement. This Easement shall not be modified unless done so in writing and signed by both parties. D. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the state of Washington. E. No Abandonment. Failure to act by either party under this Easement shall not constitute abandonment of the Easement. F. Severability. The invalidity of any provision of this Easement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 8 IN WITNESS WHEREOF, this Easement is executed by the parties as set forth below. GRANTORS: OFFICE AT SOUTHPORT, a Washington limited liability company By: Seco Development, Inc., its manager By: Michael P. Christ, President Date: //z� / HOTEL AT SOUTHPORT, a Washington limited liability company By: Seco Development, Inc., its manager By: Michael P. Christ, President Date: / � z�1/ (rr GRANTEE: CITY OF RENTON, a Washington municipal corporation By: OuIRH�,�����%� Name: Denis Laws Its: MayorAe. Date: 1* SEAL Attest: _ , i . tAP % c6�� �� .son Se/ ,r City Clerk �����i�/////ry/UHIIIItllTED s111��\\��\\\\a\\ 9 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Michael P. Christ is the person who appeared before me, and said person acknowledged that said person signed this instrument,on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of Seco Development, Inc.,a Washington corporation,the Manager of OFFICE AT SOUTHPORT LLC, a Washington limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this '� r � day of ,201 6 (Signature Notary) ..\\\\n,,� .�- D J m 1k-G 1_/1-12. 1 k, `-ts�pN EXp�r, (Legibly Print or Stamp Name of Notary) o • s Z Notary public in and for the state of Washington, % „Uits��� residing at icss s Conrtn9 of9 QllN,11//Fq'8�S ,\�T,,,�8" `\\‘ c�<> My appointment expires $ - c i - -7 10 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Michael P. Christ is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of Seco Development, Inc., a Washington corporation,the Manager of HOTEL AT SOUTHPORT LLC, a Washington limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of ,201& (Signature of Notary) 2 �, exP/R 'rh cr !c4', 2 =g P ' '. O 7 VY W1, - a I._ K 0o z • 0�^_ < (Legibly Print or Stamp Name of Notary) Pu '\' = s Notary public in and for the state of Washington, `S'Iaa\a‘` � residing at loss s otuM t'q WS-7 TATE o' My appointment expires - o t -/7 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that nks L&. ) is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the IN\cA,i pv- of CITY OF RENTON, a Washington municipal corporation,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this \ day of ,201!, mot:, 4,4signa of Not y)‘ M? R '\ z �� hw. _ M0.4 q • ' c0Lhibly Print or Stamp Name of Notary) %,� put;.4?-=$ tary publi • and for the state of Washington, al �+1,�2���c�.esiding at `\ 11 11% �‘�.'$'' My appointment expires a \ )%B 11 • EXHIBIT A Legal description of Grantor Property "LOT A"AND "LOT B" CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05) Situate in the Northwest Quadrant of Section 8 and the Southwest Quarter of Section 5, all in Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. 12 • EXHIBIT B Legal description of Gene Coulon Park. HILLMANS LK WN GARDEN OF EDEN#5 BLKS 360 &361 SD ADD TGW SH LDS ADJ TGW POR GL 4 SEC 05-23-05 & SH LDS ADJ DAF - BAAP N 56-32-07 W 65.018 FT FR NXN OF GOV MDR LN & S LN SD SEC 5 TH N 56-32-07 W 1221.78 FT TO INNER HARBOR LN TH S 45-45-00 W 317.92 FT TH S 44-16-00 E 680 FT MIL TO S LN OF SD SEC 5TH E ALG SD S LN OF SD SEC 765.5 FT M/L TO WLY BNDRY OF BN 100 FT RAY TH NELY ALG SD WLY BNDRY TO POINT OF BEGINNING TGW AREA IN FRONT OF LOTS 1 THRU 9 BLOCK 360 OF HILLMANS LK WN GARDEN OF EDEN#5 13 � *711 r • fX •"" RYZ , Po' , �,r v x., ,. a17 -mom, ff- r�rt[ �' It, 5'.`vys t{�a� .7 : 'ri r 'tff&a[� Ar� �SI� V '�APoint B `�° 4r., Sg4ti � 'K4 �� ` L ` Y4t7,` . � ^ 6R .F � 1 /„ ` � y 4::4-:-,.04'i y .: zr0 " � t %i!'".7.....„::NN. .-•*4•:,-1, f.',,..., ., ,:1>:•,•.sh‘ .....,4:-‘•,,,: ,-it.,. :m..-A..,, :4,.^1V§gt:W/7. ,4,f.1414,. ,.1.14: 410',_. ,..4 +....%-; vti yIi * ,-,. n J _ a -r, waia 4::.:44,;4' `4rv ,6 ,_,ii, .;1 ..,t:,2, C.. 7:: :,?,! ,;:,..!1 , iti,: .- ,,,k.,V,i.,,:c.ti.Lri&r.,.:: { LAKE WASHINGTON TRAIL AND HABITAT ENHANCEMENT PROJECT CITY O ENTON Office at Southport LLC King County Tax Parcel:0B2305-9216 Trail Extension Hotel at Southport LLC King County Tax Parcel:052305-9075 Existing Sam Chastain Waterfront Trail Boeing:King County Tax Parcel:072305-x001 us rw m *Easement Easement Area Gene Coulon.Park King County Tax Parcel:334450-0775 (specific location and description in Exhibits D&E) Affiliated Properties King County Tax Parcel:08230S-0055 . . , . EXHIBIT D — LOT A TO EASEMENT AGREEMENT i LOT A// ,IN / AV / i / p LOT B 30 15 0 30 4.'C" „_„:„...„. ..., SCALE IN FEET j:elk, / ,ir 4., -V \ C>:7 \ LOT B ce' 4`k, ,z.., c..,`y \ NV: ,‘N 846`51•50-W _,/ 10.00 , ' GRANTEE \ k i\ • N43-or33'ty LOT A WALKWAY - , _AL _ :ilal- smIATE IN THE CITY OF:RENTON,IGNG CGONT1t, RUB. WASHINGTON,-LYING OViri4E1i W._1/4, SECTION --.. 13,TOWNSHIP 23 NORTH,RANGE 5'EAsT,Witt N49l0ce13t't s4 .07'33E 7,00” ..."\\ LOT Et \ 5--, •,...,,,-;: „. i 4.,\::! p, - sf,'",1.?;;. ,:••\ "'. :I '7.••:_, ,rm,.. ...-..-,-.\ BUSK ROED•& HITCHING ,INC, , -. ,.,..-P--,,,w, t, 0 .-. 446,4 .-",,-- MIL ENGINEERS a LAtitituRveyORs -, -1/4..., . c- 20GRAINOR AVE.E. ( 6j32 -444 '- .(;), .......-,•c : S4ATTLE,WA 94102-3,513 'VAL LA.Iri)- N BRH 44 NO.9903613 t,,, ,,, PEDESTRIAN WALKWAY EASEMENT SKETCH PREPARED FOR: SECO DEVELOPMENT, tliC„ SOUTHPORT PROJECT 15 . . . .-• . . 1 ------ k\ \,..,. EX1-11B11- D — 1 OT E '------1r, \A T. 4k\o,2‘',• EASEMENT AGREEMENT\\ \ \\ \—DoLml 668`47'20-W \-% \4%,,Ny../ 10.75' \ • 0,... ..,,,,,,, \ M.,'.... \\•• w-AsHINGTO ' ,....___1..0'WIDE CORRUGATED \ li• EAD I;I tP\+g:\sSK/ IR 5 ON ULKR 6etb,.A\\ /5) N k,\,','' 6..f•P\'?.-\-k- , c4-.4N LOT A ."' 4:,• , \\A,\T.—GRANTOR 30 15 0 30 \ WALKWAY SCALE IN FF--Er GRANTEE ,.,„ , \ T ;-.30WALKWAY 1..0'WIDE CORRUGATED-IRON ' \ \ \'''''' BULKHEAD W'6'CRAWLIN -.•G '' \ \.•\.\ FENCE 0.fr S w.Ot PRISP.uNE 1.0'WIDE CONC.yliALL \ '/N) .' LOT A HOUSING WOOD GATE Ale! P,0,6. N46'545IrE 10.00' SITUATE IN THE CITY OF_NPITON,MG:COUNTY, \ WASRINGTON,LYING IN TIE-E-5.W.1)4,SECTION 5 A$t)HAy.1/4.SECTION 8,TVA,NSIEP 23 NORTH, RANCE 6 EAST,wk. 0-V`.• . '''•'-ii 1 ,,v,..-a 3;All;p4,•;1>((,., "L.2.0...,,,iM. ,FT.4.T ft. -'•' S.,:,..7r,\v., BR H ,1,4\ o''.• 4'..,er ' :4'-if K EitiVli,BOZD & FUTCHINGS,INC. *k ',1,.....tz0 ,-, CIVIL ENGINEERS&LA.ND SI-Ifiiti/bRS , \s,...4 •-"..-Kir..," •N'-- er• /CA; ' • 5\-• 2008 NRNOR AVE.E. (205)323'4144 SEATTLE,WA 98102-3513 ''''• V.,.....,..,,,,i ,,,,,,,,,,,e,1. BRH JOB No.99036.13 Virill PEDESTRIAN WALKWAY EASEMENT SKETCH PREPARED FOR: SECO DEVELOPMENT, INC. SOUTHPORT PROJECT 16 EXEIBIT E - LOTS A. AND B SUPPLEMENTAL PEDESTRIAN WALKWAY EASEYMNT DESCRIPTION LOTS A AND B THAT PORTION OF LOTS A AND B, CITY OF RENTON LOT LINE ADJUSTMENT NUMER LUA 14-0075-' 4, RECORDED UNDER RECORDIN& NO. 201412230000: 0, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 10 . 00 FEET IN WIDTH, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF LOT E OF SAID LOT LINE ADJUSTMENT AND THE WESTERLY EXTENSION OF A NORTH IJNF OF SAID LOT A; SAID NORTH LINE BEING NORTH 4307' 33" WEST, A DISTANCE OF 7118. 12 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT B; THENCE SOUTH 007 ' 23" EAST 7 .00 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT B. THENCE NORTH 4 .903 ' 23" EAST : 0. 01 FEET; THENCE NORTH 4.307 ' 33" WEST 7. 37 FEET TO THE NORTHWESTERLY LINE OF SAID LOT A; ' HENCE SOUTH 46°54 ' 50" WEST 30.00 FEET ALONG SAID NORTHWESTERLY DINE AND EXTENSION THEREOF TO THE POINT OF BEGINNING. STTUATE IN THE NORTHWEST QUARTER OF SECTION e, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. SECO DEVELOPMENT, INC. SOUTHPORT TAYLOR R. SCHULTE, P.L.S . NO. 44646 BRP JOB NO. 9903E. :13 '1 MAY• MAY 4 , 2006 % REVISED OCTOBER 'T7 , 2006 ,r REVISED MARCH 20, '2007 REVISED SEPTEMBER 14, 2035 , tkr,V.1,1ED holieJibGz. 3, 2J2 2009 MINOR AVENUE EP.S'1 S?ATTI.i-1, WA 96702 323-4144 17 EZBIBIT E - LOT B SUPPLEMENTAL PEDESTRIAN WALKWAY EASEYZNT DESCRIPTION LOT B TiHA PORTION OF LOT B, CITY OF RENTON LOT LINE. ADJUSTMENT NUMBER LUA 14-001514, RECORDED UNDER. RECORDING NO. 20141223900G'10, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP O'z' LAND 10.00 FEET IN WIDTH, DESCRIBED AS FOLLOWS: REGINNING AT THE INTERSECTION OF THE WEST LINE OF LOT B 07 SAID LOT LINE ADJUSTMENT AND THE. WESTERLY EXTENSION OF A NORTH .7,TNE OF SAID LOT A; SAID NORTH LINE BEING NORTH 43°07' 331' WEST, A DISTANCE OF 718. 12 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT B; THENCE NORTH 46°54 ' 50" EAST 10. 00 FEET; THENCE NORTH 43°07 ' 33" WEST 188.32 FEET; THENCE SOUTH 48°47'20" WEST 10. 78 FEET TO TRE SOUTHWESTERLY LINE. OF SAID LOT B; THENCE SOUTH 43°0 '33" EAST 192.34 FEET ALONG SAID SOUTHWESTERLY LINE TO TEE POINT OF HEGTNN1NG. SITUATE IN THE NORTHWEST QUARTER OF SECTION 8 AND THE SOUTHWEST QUARTER OF SECTION St ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W. . t IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. SECO DEVELOPMENT, INC. ///*----- SOUTHPORT §.P4, y, TAYLOR R. SCHULTE, P.L.S. NO. 446.16 14.-.:..4:,. 0 i.-,RH 30B NO. 990:16. 13 /: MAY 4, 2006 REVISED CCTOER 17, 20CC REVISED MARCH a, 2007 ,... .itrii, REVISED SEPTEMBER 14, 201 ,,r, -,;.:4•01s-co --'4- 4 ' '-%?,,-•••-•--f,V BUSH, ROED & HITCHINGS, 7NC . ‘sm '41..I.gs 2009 MINOR AVENUE EAST SEATTLE, WA 9E302 110 )ii 5,' 206) 3.2=:-4144 18 4. . • EXHIBIT F Legal description of Affiliates'properties Bristol Parcel (Parcel No. 052305-9076) LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 99-134-SHPL RECORDING NO 20000131900006 BEING PARCEL B OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 98-176 LLA RECORDING NO 9902019014 BEING A PORTION OF GOV LOT 1 IN NW 1/4 OF SECTION 08-23-05 LY NLY &WLY OF BURLINGTON NORTHERN RAILROAD CO R/W AND PORTION OF LAKE WASHINGTON SHORELANDS IN SW 1/4 OF SECTION 05-23-05 19