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20130509001493Return Address: City of Federal Way Attn: Brian Roberts, Street Systems Project Engineer 33325 8th Avenue South Federal Way, WA 98003 -6325 ' �IiIIIhIIIIIIIYI 'IiIY�InIII�IIIIIIYI 20130509001493 FEDERAL WAY CI EAS 78.00 PAGE -001 OF 007 05/09/2013 14:43 KING COUNTY, WA EXCISE TAX NOT REQUIRED By PERMANENT BEAUTIFICATION EAS NT Grantor (s): COMMONS MALL, LLC, a Delaware limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): Ptn Lot 1 and Tracts A, B and C, SeaTac Mall, Vol. 97 Plats, pgs. 3942 Additional Legal(s) on Exhibits A and A -1 Assessor's Tax Parcel ID#(s): 762240 - 0026 -05 RECITALS A. COMMONS MALL, LLC, a Delaware limited liability company (Grantor) is the owner of certain real property (the "Property") located in Federal Way, Washington, and legally described as in Exhibit "A" attached hereto and incorporated herein by reference. B. The City of Federal Way, a Washington municipal corporation (Grantee), desires to construct beautification improvements including street trees, decorative lights, specialty landscaping, and decorative sidewalks, along South 320'h Street within the City Center core. Grantee requires a portion of the Property in which to locate the improvements. C. The parties both desire to avoid eminent domain proceedings, and to resolve matters without further cost or expense. Therefore, for valuable consideration, the receipt of which is hereby acknowledged, and under the threat of eminent domain, the parties agree as follows: EASEMENT AGREEMENT 1. Grant of Easement. Grantor grants, conveys and warrants to the Grantee a perpetual, permanent beautification easement ( "Easement ") under, across and over that portion of the Property legally described in Exhibit "A" and depicted as "Beautification Easement" in Exhibit "A -1" attached hereto and incorporated herein by reference ( "Easement Area "). Grantee and its agents, designees and/or assigns shall have the right, without prior notice to Grantor, at such rimes as deemed necessary by Grantee, to enter upon, over or under the Easement Area to inspect, construct, reconstruct, maintain, repair, and replace and enlarge decorative sidewalks (or portions thereof), landscaping, street trees, decorative landscape lighting and street lights, and associated appurtenances (including without limitation landscaping irrigation and power for the decorative lighting), collectively identified as the "Improvements ". Following the initial construction of the improvements, Grantee may from time to time construct such additional land and street improvements -1- PARCEL: 762240 - 0026 -05 consistent with the foregoing as it may require. Nothing in this Easement shall obligate the Grantee to commence or complete the improvements within a specific period of time;provided,however,the Grantee shall use diligent efforts to complete all work within,and to restore,the Easement within a reasonable period of time after commencing such work. 2.Access.Grantor also covenants and agrees that,upon reasonable notice to Grantor,Grantee shall have the right of access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder. 3.Duty to Repair and Maintain.The Grantor shall be responsible for maintaining all landscaping,other than trees, in the Easement Area. The Grantee shall be solely responsible for maintaining all other improvements within the Easement Area,including trees,which shall be maintained in a reasonably safe and attractive condition,consistent with the City maintenance policies for trees in the City rights of way. 4.Obstructions; Landscaping. In performing the duties identified in section 3 above,Grantee may from time to time remove vegetation, trim and/or maintain trees, or other obstructions within the Easement Area,and may level and grade the Easement Area to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extent reasonably practicable, restore the Easement Area and Grantors' Property to a condition similar to its condition prior to such work. Following the construction and installation of the Improvements,Grantor shall from time to time trim and/or maintain the landscaping(other than the trees)within the Easement Area.In addition,Grantor may make such other regular or typical landscaping improvements within the Easement Area,provided that no trees or other plants shall be placed thereon which in the judgment of the Grantee would be unreasonably expensive or impractical for Grantee to maintain,remove or restore. If the Grantor fails to trim and/or maintain the landscaping after written notice from the Grantee,Grantee may also remove, trim and/or maintain the landscaping with the Easement Area. 5.Grantor's Use of Easement.This Easement shall be exclusive to Grantee;provided,however,Grantor reserves the right to use the Easement Area for any purpose not inconsistent with Grantee's rights.Grantor shall not construct or maintain any buildings or other structures on the Easement Area. Grantor shall not perform digging,tunneling or other form of construction activity on the Property,which would disturb the compaction of or damage any improvements within the Easement Area,and no blasting shall be done within fifteen(15)feet of the Easement Area.Grantor shall not prone,trim,limb or remove any of the trees within the Esement area,without advance written authorization of Grantee. 6.Indemnification-Grantor.Grantor agrees to indemnify and hold Grantee,its elected officials,officers, employees,agents,and volunteers harmless from any and all claims,demands,losses,actions and liabilities (including costs and all attorney fees)to or by any and all persons or entities,including,without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with the negligence or intentional misconduct of Grantor or Grantor's agents or invitees within or with respect to the Easement. 7.Indemnification-Grantee.Grantee agrees to indemnify and hold Grantor,its officers,employees,agents, and volunteers harmless from any and all claims,demands,losses,actions and liabilities(including costs and all attorney fees)to or by any and all persons or entities,including,without limitation,their respective agents, licensees, or representatives, arising from, or connected with the negligence or intentional misconduct of Grantee or Grantee's agents or invitees within or with respect to the Easement. -2- PARCEL: 762240-0026-05 8.Successors and Assigns.The rights and obligations described herein shall run with the land,shall inure to the benefit of the Grantor and Grantee, and shall be binding upon their respective successors, heirs and assigns. DATED THIS g 1-0" day of /PA-/I- ,20/ 3. GRANTOR: GRANTEE: COMMONS MALL, LC, CITY OF FEDERAL WAY a Dela" e li- d li.bility company By: tik By: Name:Dines Day.; Cary M.Roe Its:Authorize. igna .ry Director of Parks,Pu.lic Works and Emergency Management APPROVED AS TO FORM: Patricia A.Richardson City Attorney -3- PARCEL: 762240-0026-05 ATTACHMENT TO LICENSE CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of CALIFORNIA ) ss County of Orange ) On April 3, 2013, before me, Mary L. Kelly, Notary Public, personally appeared Dinesh Davar, 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. WITNESS my hand and official seal. .—. MARY L.KELLY --11 \---) C.— : Commission M 1987002 Notary Public-California 1__ - -- 1uf28.2014 EM C O N S U L T I N G E N G I N E E R S L L C STEADFAST LLC Job No. 1064-003-004 September 21, 2006 EXHIBIT "A" EASEMENT DESCRIPTION FOR BEAUTIFICATION EASEMENT That portion of Lot 1 of the plat of"Sea Tac Mall" as recorded in Volume 97 of Plats, Pages 39 through 42, inclusive, Records of King County,Washington, more particularly described as follows: COMMENCING at the northwest corner of the northwest quarter of Section 16,Township 21 North, Range 4 East,W.M., City of Federal Way, King County,Washington; THENCE along the north line of said subdivision,S 88°18'03" E, 651.13 feet; THENCE S 01°41'57" W, 50.00 feet to a point on the southerly margin of South 320th Street to a point hereinafter referred to as Point A; THENCE S 01°41'56" W, 10.75 feet; THENCE S 88°14'57" E, 16.58 feet to the TRUE POINT OF BEGINNING; THENCE S 88°14'57" E, 160.80 feet; THENCE S 87°59'37" E, 148.54 feet; THENCE S 88°05'39" E, 157.58 feet to a point of curvature; THENCE southeasterly, 19.20 feet; along the arc of a tangent curve to the right, having a radius of 36.00 feet; through a central angle of 30°3330"; THENCE N 88°05'39" W, 175.89 feet; THENCE N 87°59'37" W, 148.53 feet; I 33915 1st Way South Tel (253) 838 6113 Bothell(425) 415 6144 Civil Engineering Land Planning Suite 200 Fax (253) 838 7104 www esmcivit.com Project Management Puhl:r Works Federal Way. WA 98003 Toll Free (8001 345 5694 Land 3ur4eying STEADFAST LLC September 21, 2006 Page 2 THENCE N 88°14`57" W, 160.78 feet; THENCE N 01°32'52" E, 5.00 feet to the TRUE POINT OF BEGINNING; TOGETHER WITH that portion of said Lot 1 described as follows: BEGINNING at said Point A; THENCE along said southerly margin of South 320`h Street,S 88°18'03" E, 1003.79 feet; THENCE S 89°21'14" W, 122.18 feet to the southerly line of that beautification easement as granted by easement recorded under Recording No. 20010330002752 AND the TRUE POINT OF BEGINNING; THENCE S 89°21'14" W, 125.75 feet; THENCE N 88°11'08" W, 76.54 feet; THENCE N 88°29'29" W, 50.26 feet to a point of curvature; THENCE southwesterly, 1920 feet; along the arc of a tangent curve to the left, having a radius of 36.00 feet; through a central angle of 30°33'30"; THENCE S 88°29'29" E, 68.55 feet; THENCE S 88°11'08' E, 76.63 feet; THENCE N 89°21'14" E, 247.68 feet to the southerly line of said beautification easement; THENCE along said southerly line N 88°17'45" W, 121.92 feet to the TRUE POINT OF BEGINNING. CONTAINING 4,026 square feet, more or less. A C -ZO % See attached Exhibit"A-1" Written by DWA j Checked by: DWA 3572 I:IESM-JOBS\106410031004\Document\LEGAL-019.Doc s r S ti Domes 04/1 7/0%' EXHIBIT "A-1" TO ACCOMPANY LEGAL DESCRIPTION FOR BEAUTIFICATION EASEMENT A PORTION OF THE NW 1/4 OF SECTION 16, TWP. 21 N., RGE. 4 E., W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON NW CORNER, NW 1/4 SEC. 16, T. 21 N., R. 4 E., W.M. :14— BEAUTIFICATION EASEMENT RECORDING NO. SOUTH 320th STREET 2001033002752 17 r PROPOSED PROPOSED PROPOSED PROPOSED I POINT A I TRACT 1 C TRA`� TRACT TRACT F I— TRUE POINT F- D OF BEGINNING OFUBEGINNING D Q PART 1 PART 2 0 Q W PROPOSED L,fl� ALL"' %.2 Z = TRACT A p, O W C� p�" c �7, P > I \J 0L, _U L co LL — N U Q PROPOSED_ PROPOSED11 a- TRACT iv] — TRACT B 1 n SOUTH 324th STREET SCALE: 1"=300' M CONSULTING ENGINEERS LLC 720 S. 348th Street I • 1 0 I or I JOB NO. 1064-003-004 Suite 200 Federal Way, WA 98003 FEDERAL WAY (253)838-6113 DRAWING NAME : SR-08 BOTHELL (425) 415-6144 DATE • 9-20-06 www.esmcivil.com DRAWN DWA Civil Engineering I Land Surveying I Land Planning SHEET 1 OF 1 Public Works Project Management Landscape Architecture