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20060501000752 • 111 11 1111 111 111 11 11 11 111 11 MAIL TO: 20060501000752 FEDERAL WAY RISC 34.00 CITY OF FEDERAL WAY PAGE001 OF 003 05/01/2006 11:33 33325 EIGHTH AVENUES KING COUNTY, WA PO BOX 9718 FEDERAL WAY, WA 98063 -9718 ATTN: Kevin Peterson EXHIBIT D LICENSE Grantor (s): FEDWAY MARKETPLACE INVESTORS, LLC, a Washington limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): Parcel 1 of City of Federal Way BLA 04- 104498- 000 -00 -SU Additional Legal Description indicated below. Assessor's Tax Parcel ID#(s): 2121049010 The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: Full Legal description attached hereto as Exhibit "1" and incorporated herein by this reference, ( "Property ") hereby grants an irrevocable license to the City of Federal Way ( "City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bond dated OC j c 211, 2003 entered into between the City, Sierra Construction Company, Inc., and the undersigned and incorporated herein by this reference. st DATED this)' day of (*ft4e, 200c FEDWAY MARKETPLACE INVESTORS, LLC By: Oliphant Real Estate Services, Inc., a Washington corporation, its Manager By: we, • ip , President 1 Beazer Road Bellingham, WA 98226 STATE OF Cal le.r - ) ) ss. COUNTY OF ��� ) On this day personally appeared before me Jeff Oliphant, to me known to be the President of Oliphant Real Estate Services, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. p • GIVEN my hand and official seal this ,3I day of O C ' Tz , 2001 BAHRAM UtIAIR D Ba a an otary Public • #1478145 ;��- NOTARY PUBLIC - CALIFORNIA (typed/printed name of notary) '1� LOS ANGELES COUNTY Notary Public in and for the Stat of ashin on. My Comm. Expires Mar 22, 2008 My commission expires 3 e ?,/ G�' • EXHIBIT "1" ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH. RANGE 4 EAST, WIUAMEITE MERIDIAN. IN THE CRY OF FEDERAL WAY. KING COUNTY. WASHINGTON. MORE PM BCUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21; THEJNCE SOUTH 88' 22' 22" EAST ALONG THE NORM LINE OF SAID SOUTHWEST QUARTER. A DISTANCE OF 398.06 FEET; THENCE SOUTH 01' 37' 38" WEST. 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINLHNG SOUTH 01' 31 38' WEST. 477.83 FEET; THENCE NORTH 88' 25' 42' WEST. • 347.57 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH; THENCE SOUTH 01' 34' 18' WEST ALONG SAID EAST MARGIN. 73.00 FEET; THENCE SOUTH 88' 25' 42" EAST. 347.50 FEET; THENCE SOUTH 01' 37' 38' WEST, 412.36 FEET; THENCE NORM 88' 25' 49" WEST. 17.10 FEET; THENCE SOUTH 01' 34' 18" WEST. 126.88 FEET; THENCE SOUTH 88' 24' 25" EAST. 613.05 FEET TO THE WEST MARGIN OF SR -5; 1HENGE ALONG SAID WEST MARGIN THE FOLLOWING TWO COURSES: .. THENCE NORTH 01' 37' 22' EAST, 144.84 FEET; THENCE NORTH 50' 40' 18" EAST. 513.54 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT. FROM WHICH POINT THE RADIUS POINT OF SAID CURVE BEARS NORTH 50' 40' 18" EAST. 100.00 FEET DISTANT; - THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 36' 47' 42". AN ARC DISTANCE OF 64.22 FEET; THENCE NORTH 07 31' 59' WEST. 32.70 FEET; THENCE NORTH 04' 46' 12" WEST. 43.01 FEET; THENCE NORTH 04' 21' 23' WEST. 45.42 FEET TO THE BEGINNING OF A 100.00-FOOT- RADIUS CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE. PASSING THROUGH A CENTRAL ANGLE OF 07' 39' 17'. AN ARC DISTANCE OF 13.36 FEET; THENCE NORM 03' 17' 54" FAST. 40.01 FEET TO THE BEGINNING OF A 100.00 -FOOT- RADIUS CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL. ANGLE OF 04' 50' 20, AN ARC DISTANCE OF 8.45 FEET; THENCE NORTH 08' 08' 14' FAST. 56.86 FEET; THENCE NORTH 09' 08' 08" EAST. 56.31 FEET TO THE BEGINNING OF A 100.00 -FOOT- RADIUS CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE. PASSING THROUGH A CENTRAL ANGLE OF 04 31' 07 ". AN ARC DISTANCE OF 7.89 FEET; THENCE NORM 13 39' 15' EAST. 50.68 FEET; THENCE NORTH 11' 30' 38' EAST. 46.68 FEET TO THE BEGINNING OF A 100.00 -FOOT - RADIUS CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE. PASSING TIVOUGH A CENTRAL. ANGLE OF 04' 29' 35 ". AN ARC DISTANCE OF 7.84 FEET; THENCE NORTH 16 00' 13" EAST. 32.80 FEET; THENCE NORTH 10' 15' 19" EAST. 39.91 FEET; THENCE NORTH 00' 13' 52' EAST. 30.46 FEET TO TIE BEGINNING OF A 100.00-FOOT- RADIUS CURVE TO THE RIGHT; THENCE ALONG TIE ARC OF SAID CURVE. PASSING THROUGH A CENTRAL ANGLE OF 25' 07' 52 AN ARC DISTANCE OF 43.86 FEET TO THHE SOUTH MARGIN OF SOUTH 344Th SIR1J:I; THENCE NORM 88' 22' 22' WEST ALONG SAID SOUTH MARGIN. A DISTANCE OF 1006.23 FEET TO THE POINT OF BEGINNING.