20130509001493Return Address:
City of Federal Way
Attn: Brian Roberts, Street Systems Project Engineer
33325 8th Avenue South
Federal Way, WA 98003 -6325
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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
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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