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AG 23-115 - DISH WIRELESS LLCRETURN TO: TARYN EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./I)IV: LAW / CIVIL 2. ORIGINATING STAFF PERSON: KENT VAN ALSTYNE EXT: 2562 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL A OTHER SITE LEASE AGREEMENT S. PROJECT NAME: DISH WIRELESS LLC - SITE LEASE AGREEMENT LAKOTA PARK - SESEA00041 B 6. NAME OF CONTRACTOR: DISH WIRELESS L.L.C. ADDRESS: 5701 South Santa Fe Blvd. Littleton, CO 80120 TELEPHONE (844) 924-4186 E-MAIL: landlordrelations@dish.com FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: 91 SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: � J COMPLETION DATE: ' 2R) 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHA G -x1rrAoLj S EDULES OF EM.PLOYI: 'ITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES [ENO IF' M-AXtMtM DOLLAR AMOUN-r: IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PU G: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 2 LAW KVA 3/14/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED AW DEPARTMENT 141 iGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: 2/20I7 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease") is made on May 1, 2023 (the "Effective Date") between the City of Federal Way, a Washington municipal corporation ("City"), and DISH Wireless L.L.C., a Colorado limited liability company ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: DISH WIRELESS L.L.C.: DISH Wireless L.L.C. CITY OF FEDERAL WAY: Jason Gerwen Attn: Lease Administration/SESEA0004113 33325 8th Ave S. 5701 South Santa Fe Blvd. Federal Way, WA 98003 Littleton, CO 80120 (253) 835-6912 (telephone) (844) 924-4186 Jason.gerwennacityofi-ederalwa. City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease ground space ("Ground Space") and air space above the Premises on a light pole ("Light Pole") as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless communications services ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on an exclusive basis, a portion of the Premises, including the Ground Space and space on the Light Pole, together with necessary non-exclusive space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on the date of execution by the City (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. Site ID - SESEA00041B SITE LEASE AGREEMENT - 1 - 11/2022 C�C Carr OF CITY HALL Fe d e ra ay 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederafway. com 3. Rent. a. Within fifteen (15) days of the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) ("Rent") per month. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment fee equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1' of each calendar year starting in 2024. c. Within sixty (60) business days of the Commencement Date, Tenant shall submit to the City a Security Deposit in an amount of Ten Thousand and 00/100 Dollars ($10,000.00), which shall be refunded at the termination of this Lease. In the event Tenant fails to pay Rent or other charges when due, notice and cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. d. Additional Consideration. As additional consideration for this Lease, within sixty (60) business days after the full execution of this Lease, Tenant shall reimburse the City for all of the City's actual, reasonable out of pocket costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees, provided that in no event shall such reimbursement amount exceed Five Thousand and No/100 Dollars ($5,000.00); and provided further that, as a condition precedent to Tenant's obligation to reimburse the City herein, City shall provide to Tenant documentation of such costs and expenses. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for the provision of cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned fixtures on the Light Pole, if any. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and Site ID - SESEA00041 B SITE LEASE AGREEMENT - 2 - 11/2022 C67C ` GTY OF CITY HALL Federal Way Feder Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederaftay com permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. If, following the Commencement Date, and through no fault of Tenant, any Governmental Approval issued to Tenant is canceled, expires, lapses or is otherwise withdrawn or terminated by the applicable governmental authority, then Tenant shall have the right in its sole and absolute discretion to terminate this Lease upon ninety (90) days' written notice to the City without penalty or further obligation. C. Tenant shall remove the Equipment from the Premises within ninety (90) days after termination of the Lease ("Equipment Removal Period"). Upon removal of the Equipment, Tenant shall restore the Premises to a condition substantially similar to its original condition, as reasonably determined by the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the Premises caused by Tenant due to its cutting, boring, jack hammering, excavation or other work, and including latent Site ID - SESEA00041 B SITE LEASE AGREEMENT - 3 - 11/2022 CgiC CITY of CITY HALL Avenue South Federall Way, WA 98003-6325 Federal Way Feder (253)835-7o00 www ci"ffedera4vay com damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment as determined reasonably satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color, shape, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements or other applicable laws, no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further agrees to monitor the Equipment for fire, smoke, intrusion, and A/C power failure by Tenant's 24-hour electronic surveillance system. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed, conditioned or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. City agrees that providers of utility or fiber services may use easement(s) granted herein and/or available conduit(s) for the installation of any equipment necessary to provide utility or fiber service. If the existing utility or fiber sources located on the Premises are insufficient for Tenant's Service, City agrees to grant Tenant and/or the applicable third -party utility or fiber provider the right, at Tenant's sole cost and expense, to install such utilities or fiber on, over and/or Site ID - SESEA00041 B SITE LEASE AGREEMENT - 4 - 11/2022 CgiC CITY OF omaw� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.ratyoffederalway com under the Premises as is necessary for Tenant's Permitted Use; provided that the City and Tenant shall mutually agree on the location of such installation(s). 10. Maintenance. Tenant shall, at its own expense, maintain the Equipment on or attached to the Premises in a safe condition, in good repair. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Lease. In addition, Tenant specifically acknowledges that all or a portion of the Premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to the full execution of this Lease and in compliance with the requirements of FWRC 19.256.190 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.256.190 to grant rights for co -location of other telecommunications facilities on the Premises. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. Site ID - SESEA00041 B SITE LEASE AGREEMENT - 5 - 11/2022 c6c ` CITY OF CITY HALL Federal Way 8th Avenue South Federal Way, WA 98003-6325 Feder (253) 835-7000 www.cilyofTederalway com 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Upon ten (10) days' written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA) after applicable notice and cure periods required herein. vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. viii. For any other termination right set forth in this Lease. ix. Upon thirty (30) days written notice by Tenant if there is a change in applicable law which prohibit or adversely affect Tenant's ability to operate Tenant's Equipment at the Premise or the City or a third party installs any structure, equipment, or other item which blocks, hinders, limits, or prevents Tenant from being able to use the Tenant's Equipment for Tenant's Services. Site ID - SESEA00041 B SITE LEASE AGREEMENT - 6 - 11/2022 C67C ` CITY OF CITY HALL Federal Inlay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www 64vffederaWay com b. In the event of any termination under this Section, Tenant shall pay City all monies due up to the date of termination as rent and/or penalties. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. 15. Indemnity and Insurance. a. Disclauner of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the sole negligence of City and its officers, boards, commissions, employees, agents, attorneys and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and naming City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: i. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Commercial automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. Site ID - SESEA00041 B SITE LEASE AGREEMENT - 7 - 11/2022 Coif CITY of CITY HALL Federal Way Feder 8th Avenue South 6325 Federal Way, WA 98003- (253) 835-7000 www.rityofTederahvoy com d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter upon request from the City. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty (30) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel (or ten (10) days for non-payment)." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. Any holding over after the Equipment Removal Period (as defined above), without the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. Except as set forth herein, City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, conditioned or delayed. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest Site ID - SESEA00041 B SITE LEASE AGREEMENT - 8 - 11 /2022 CSC ` [1Tv a CITY HALL A Federal Way Feder Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ci[yeffedeFahiuy corn in this Lease and the Equipment. Notwithstanding the foregoing, Tenant may assign or transfer some or all of its rights and/or obligations under the Lease to: (i) an affiliate; (ii) a successor entity to its business, whether by merger, consolidation, reorganization, or by sale of all or substantially all of its assets or stock; (iii) any entity in which Tenant or its affiliates have any direct or indirect equity investment; and/or (iv) any other entity directly or indirectly controlling, controlled by or under common control with any of the foregoing, and in each case, such assignment, transfer or other such transaction shall not be considered an assignment under this Section 18 requiring consent and City shall have no right to delay, alter or impede such assignment or transfer. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. Quiet Enjoyment, Title and Authority. City represents to Tenant, that: a. City has authority to execute this Lease; b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises; and f. As of the date of the City's execution of this Lease, the Light Pole and the Premises are in good repair, and the City will comply with all federal, state, and local laws in Site ID - SESEA00041 B SITE LEASE AGREEMENT - 9 - 11/2022 CkiC CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityofiederafway. com connections with any substances brought onto the Premises that are identified as toxic or hazardous by any applicable law, ordinance or regulation ("Hazardous Substance"). 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this Lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease (normal wear and tear and casualty excepted). This Lease (and Tenant's obligation to pay Rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations, this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. Site ID - SESEA00041 B SITE LEASE AGREEMENT - 10 - 11 /2022 CgiC ` CITY OF CITY HALL Federal Way 8th Avenue South Federal Way, WA 98003-6325 Feder (253) 835-7000 wwwd"f{ederahvay com f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Lease may be enforced at both law and equity. Damages are not an adequate remedy for breach. Each party shall, with respect to its actions and/or inactions pursuant to and in connection with this Lease, comply with all applicable statutes, laws, rules, ordinances, codes and governmental or quasi -governmental orders or regulations (in each case, whether federal, state, local or otherwise) and all amendments thereto, now enacted or hereafter promulgated and in force during the term of this Lease, a Renewal Term or any extension of either of the foregoing. DATED the effective date set forth above. [signatures to follow] Site ID - SESEA00041 B SITE LEASE AGREEMENT - 11 - 11/2022 CliC CITY OF CITY HALL Federal 1Nay 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cVoffederahvay. com CITY OF FEDERAL WAY By: Frr- errell, Mayor ATTEST: 1 tL� S phanie Courtney, CNkt, City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) APPROVED AS TO FORM: bJ.'--R-1-yan Call, ~ity Attorne On this day personally appeared before me Pj AKQ OPM (,, , to me known to be the Lt # �CQM I tj\Cz�i of the City of Federal Way 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this h l day of AYV- (, , 2023. DISH 'reless L.L.C. By: Printed Name: Title: DATE: Site ID - SESEA00041B SITE LEASE AGREEMENT - 12 - Notary's signature r.KANVA Notary's printed nam� l Cam. Notary Pu i in and for the State of Wash,4 My commission expires 11/2022 C�C ` Feder c�7r v� CITY HALL 8th Avenue South ojjj Federal Way, WA 98003 Federal ay -6325 (253) 835-7000 WWWatyoSederalway com ATTEST: S phanje Courtney, C City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) CITY OF ERAL WAY By: im Ferrell, Mayor APPROVED AS TO FORM: 9J.�amn Call, City ttorney On this day personally appeared before me ,_ to me T wn to be the of the City of Federal Way that executed the going instrument, and acknowledged the said instrument to be the free and volT�ieed of said corporation, for the uses and purposes therein mentioned, and on oath se was authorizedto execute said instrument and that the seal affixed, if any, is the rporate seal of said corporation. GIVEN my hand and official seal t� day of otary's signature . 2023, Notary's printed name Notary Public in and for the State of Washington. My commission expires Site ID - SESEA00041 B SITE LEASE AGREEMENT - 12 - 11 /2022 CITY OF 00 ,� Federal Way TENANT: DISH Wireless By: Printed Name: Dave Mayo Title: DISH Wirele s / DATE: ty510?'- 5 STATE OF SS. COUNTY OF kftD ) CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www_dtyoffederalway_com On t is da ersonally appeared before me _� , to me known to be the Ity of DISI I Wireless L.L.C. that execfiOd the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this,jL,=day of . 2023. ❑ENISE FULLER tary's signature Notary Public tary's printed name State of Colorado N ary Publi i and for the State of Notary lD # 2 pares 086 8 2024 [KAV Commission Expires ��—��"---- ► u My commission expires I s Site ID - SESEA00041 B SITE LEASE AGREEMENT - 13 - 11/2022 ` CITY of CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcityoffederahvey corn EXHIBIT A LEGAL DESCRIPTION OF PREMISES PORTION OF NORTHEAST QUARTER OF SOUTHEAST QUARTER, SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., LYING SOUTHEASTERLY OF THE ROBERT MALTBY ROAD (ALSO KNOWN AS SOUTHWEST DASH POINT ROAD) AND ALSO PORTION OF SAID SUBDIVISION LYING NORTHEASTERLY OF COUNTY ROAD NO. 980 (ALSO KNOWN AS 21 ST AVENUE SOUTHWEST) AND NORTHWESTERLY OF ROBERT MALTBY ROAD; LESS AND EXCEPT THE PROPERTY CONVEYED IN THE DEEDS IN INSTRUMENT NO. 2010210000907 AND 20160620000489. Site ID - SESEA00041 B SITE LEASE AGREEMENT - 14 - 11 /2022 err of CITY HALL �4111111111 Federal 1lllay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ci " ffe dera Avay corn EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT Q� rt� i .11i LYC9l ti° C ^q Cf _ 1 r + �rr�rr�r sm mmm EXISTING GFRASS AREA 1D16'- * ---�.� M- t Site ID - SESEA00041B SITE LEASE AGREEMENT - 15 - 11/2022 CITY 4F CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwatyoffiederehvoy corn a �N1. MF= ow Lem .a � nDKM am Dm. a ::�• i PNWOM o Wk. LLPM �T,f 0019E! Y-4"W0 WX ram/ $ Lmmp a Kwo urc Mtn Z --RERa — f cacKlc ra, r..o- mla�orr pD Site ID - SESEA00041 B SITE LEASE AGREEMENT - 16 - 11/2022 ` CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.atyoffederalway com OISN fYH Wft L-LC. ANtF3eY�s TOP EL / too- ` AOL PROPOSED USH w 1W POLE EILTEN91( JEE (SHEET S-1) I I I I I I I I I I LMU2E EXISTING ENTIFf Pori PROPMED DISH wlmw LL.C. CO&K SHR= ^� TOP EL. ■ WV-tr ACL %qF (3) PKMED DWI I Dim LL r- AMTEWS d-, RAO CENTE7I + DISH wF.Iom LLC. ANTOIMrS ljl WFF M Ei- O W-Ir AGL ff PRUMSED 05H VnWw LL.Q PORTME CWMR i A&L EXISTING PANEL ANIEraaS f TOP EL O 94'-6- AFL EXISTING MONOPOLE TOP EL. O 92'-V Am EXISTING PANEL WWNNA9Al Tray CENTEN O Bf'1V' AM ExEnwt; F4749L Ah1W M&S j &> -rV EL O M'-6' AFL 1 EI gnW. 74- S.A9NV WGIrtS TOP EL O OV-7- AGL EXWM STADIUM LIGHTS OL BOTTOM EL O 75 -2 AOL IF WPOSO ENSH 1YIrW*ea LLr— RMR0 INSIDE POLE EXISTING MONOPOLE -- EXISTING EMRY PORT EXISTING OTHER CARRIER CABLE SHROUD EASTM MONOPOLE �.... --. -- BOTTOM EL O 66 AGL 6' 4' a w I r PROPOSED NORTH ELEVATION Site ID - SESEA00041 B SITE LEASE AGREEMENT - 17 - 11/2022 A� "' CERTIFICATE OF LIABILITY INSURANCE 8/t/2o23 TE DA2/17/20 3 2/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 8110 E Union Avenue Suite 100 Denver CO 80237 (303) 414-6000 AME: No, Ext _ Arc No E-MAIL ADDRESS: tNSU R E R AFFORDING COVE RAG I= NAIC H INSURER A : ACE American Tnsumnce CDm aii 22667 INSURED DISH Wireless L.L.C. 1474457 9601 South Meridian Boulevard Englewood, CO 80112 INSURER B: XL Insurance An1CT1Ca, Inc. 24554 INSURERC: R RD: INSURER E: INSURER F OVERAGES CERTIFICATE NUMBER: Itil3 +•141� r<e►+I�lutr nulno�rc: nnnnnn�L THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR ADDL SUBR F POLIC E](P LIMITS TYPE OF INSURANCE POLICY NUMBER yY m YY A X COMMERCIAL GENERAL LIABILITY N N XSL G47332175 8/l/2022 8/l/2023 EACH OCCURRENCE 2 000.000 CLAIMS -MADE 0 OCCUR DAMAGE TO RENTED PR EaocTED s 300,000 VlTVL'i+VV GEN'L AGGREGATE LIMIT APPLIES PER, X POLICY❑ jb LOC 7 OTHER: SIR $5.00,000 A AUTOMOBILE LIABILITY N N ISA H10733479 X pAANN�Y�ryAUTO ALfTOS ONLY AU❑T�OSS5JU,�LED x AUTOS ONLY X AUTOS OfNI[DY B X UMBRELLA LIAB I x IOCCUR N N US00072327LI22A EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ IU00 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN NOT APPLICABLE ANY PROPRIETORIPARTNER/EXECUTIVE ❑ N I A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below 8/1/2022 8/1/2022 8/l/2023 8/1/2023 PERSONAL & ADV INJURY S 2.000,000 GENERAL AGGREGATE s 4.000,000 PROOUCTS - COMPIOP AGO $ 4 000 000 F°a ecc1"D SINGE LIMIT S $ 5,000,000 BODILY INJURY (Per person) $ XXXXXC) BODILY INJURY (Per accident $ XX'XXX) PPR r .dTYt�YiMAGE $ xxxxx� EACH OCCURRENCE $ X.xxxx) S 10,0 00 AGGREGATE $ 10.000 00 is xxxvo 0 E.L EACH ACCIDENT I $ ,�,A 3.AA.&ll F.L. DIS E -EA EMPLOYEE 5 XXXXXXX DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE Property located at 31334 SW Dash Point Rd, Federal Way, WA 98023, Dish Site: SESEA00041B CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 19349475 AUTHORIZED REPRESENTATIVE City of Federal Way 33 y25 8th Ave S. Federal Way, WA 98003, ACORD 25 (2016103) ©1988.21 5 ACORb CORD RATION. All rights reserved The ACORD name and logo are registered marks of ACORD OFFICER'S CERTIFICATE I, David Mayo, do hereby certify that: (i) I am the EVP. Network Deployment of DISH Wireless L.L.C. (hereinafter called the "Company"); (ii) the Company is duly incorporated, validly existing and in good standing under the laws of the state of its incorporation; and (iii) the persons listed below are duly authorized to execute the necessary documents on behalf of the Company to obtain zoning approvals and building permits in the State of Florida: office or Title Name (typed or rinted Chairman Charles W. Ergen Executive Vice President James DeFranco General Counsel, Wireless and Brandon Ehrhart Secretary President and Chief Operating John Swieringa Officer, Wireless Executive Vice President, David Mayo Network Development General Manager Matthew Spiak General Manager David Robinson Site Development Manager Sidney Pollard Site Development Manager Casey Spiegel IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the Company this Q 15tday of ' , 20 ao2 (SEAL) OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, DISH Wireless L.L.C. is a Limited Liability Company formed or registered on 10/27/2016 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20161734553 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/10/2023 that have been posted, and by documents delivered to this office electronically through 03/14/2023 @ 09:06:27 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 03/14/2023 @ 09:06:27 in accordance with applicable law. This certificate is assigned Confirmation Number 14778423 J"La- M-'CU� Secretary of State of the State of Colorado *********************************************End of Notice: .4 certi tcate issued electronically from the Colorado 3ecretan, o! 5rate's webstre is fully and immediateh valid and a ectiyc. Howewr, as an option, the issuance and validitti' of a certificate obtained electronically may be established by visiting the Validate a Certfcate page of the Secrelary of Slaw's ivebsite, hty+s:•:nx'u.r.'nloradasns.gm'hi=Cc rrrjlrareSearchCriieria.dn entering the cerflficate's confrrnorfon numberdisplaved an the centflcate, and following the instructions displgaed. Confirming the issuance a a ccrti +Cate is merely optional an-pt is not necessary to the valid and e1]'ective issuance of a cerh'fcale For more informalion, visit our website, https.-.Arivw.coloradasus.gov click "Businesses, trademarks, trade names" andselect "Frequently asked Qr4esrions. '' Colorado Secretary of State - Summary 6/29/22. 3:29 PM For this Record... Filing history and documents Trade names Get a certificate of good standing File a form Subscribe to email notification Un2tiscribe from small notification Business Home Business Information Business Search FAQs, Glossary and Information Summary Details Name DISH Wireless L.L.C. Status Good Standing Formation date 10127/2016 ID number 20161734553 Form Limited Liability Company Periodic report month November Jurisdiction Colorado Principal office street address 9601 S. Meridian Blvd., Englewood, CO 80112, United States Principal office mailing address 9601 S. Meridian Boulevard, Englewood, CO 80112, United States Registered Agent Name Timothy A. Messner Street address 9601 S. Meridian Blvd., Englewood, CO 80112, United States Mailing address P.O. Box 6655, Englewood, CO 80155, United States Filing hlSt4cy :end documentg Trade names .et a ortificale good start 9 CGgt rarliied caries of dacumonls File a form Set upsgCurebujinggifilin9 Subscribe to email notl8catlon .,ribe from all notiricotior, Back ;FrT15 e, condi.ion> 16rov!SfS r compatibility https://www.colorad osos.gov/biz/Business EntityDetai1, do?quitBu tton Destination=Business EntityResuIts&nameTyp=ENT&masterFileId=20161734553&... 1 /1 7/7/22, 3:59 PM Corporations and Charities System BUSINESS INFORMATION Business Name: DISH WIRELESS L.L.C, UBI Number: 604 383 693 Business Type: FOREIGN LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 9601 S MERIDIAN BLVD, ENGLEWOOD, CO, 80112-5905, UNITED STATES Principal Office Mailing Address: PO BOX 6655, ENGLEWOOD, CO, 80155-6655, UNITED STATES Expiration Date: 02/28/2023 Jurisdiction: UNITED STATES, COLORADO Formation/ Registration Date: 02/01/2019 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES, PROVIDING WIRELESS COMMUNICATION SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 208 MC-CSCI, TUMWATER, WA, 98501, UNITED STATES GOVERNORS Title Governors Type Entity Name GOVERNOR ENTITY DISH WIRELESS HOLDING L.L.C. First Name Last Name 1 /1 https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation %\ U.S. TITLE SOLUTIONS 100 Corporate Drive, Suite 305, Lebanon, NJ 08833 Phone (908) 849-3011 Fax (908) 849-7981 www.ustitlesi ►ns.co_ REPORT OF TITLE Current Ownership & Encumbrance Report (20 years) U.S. Title Solutions File No. UST71192 Reference No. SESEA00041 B Site Name: SESEA00041 B Prepared For: Dish - 5G Deployment 9601 South Meridian Boulevard Englewood, CO 80012 Premises: 31334 SW Dash Point Rd, Federal Way, WA 98001 Parcel: 1221039016 County: King REPORT POWERED BY LAND -IT TM This Report of Title is for informational purposes only. It is not a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, or any form of title insurance. This report is issued exclusively for the benefit of the applicant therefore, and may not be relied upon by any other person. The liability of U.S. Title Solutions is limited to the amount of the fee paid therefore. Page 1 of 6 U.S. TITLE SOLUTIONS File No. UST71192 Reference No. SESEA00041 B REPORT OF TITLE SCHEDULE - I 1. DATE OF REPORT: April 21, 2022 2. SCOPE OF SEARCH: Beginning March 23, 2002 and extending through March 23, 2022, a search of the land records for the jurisdiction where the property is located was conducted and we have reported what was found regarding taxes; deeds; mortgages; easements and right of ways; covenants and restrictions; judgments; liens and UCCs; and other matters commonly recorded or filed in the County records. 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS: Fee Simple 4. TITLE TO SAID ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: The City of Federal Way 5. SOURCE OF TITLE: Special Warranty Deed made by King County, Dated January 02, 1991, Recorded February 20, 1991, in-,strument No: 9102200666. 6. PROPERTY IS IDENTIFIED AS FOLLOWS: Parcel ID: 1221039016 Tax Year: 2022 Status : Exempt 7. THE LAND REFERRED TO IN THIS REPORT IS SET FORTH ON SCHEDULE - II ATTACHED HERETO Page 2 of 6 U.S. TITLE SOLUTIONS File No. UST71192 Reference No. SESEA00041B REPORT OF TITLE SCHEDULE - II (LEGAL DESCRIPTION) Portion of NE '/4 of SE '/4, Section 12, Township 21 North, Range 3 East, W.M., lying Southeasterly of the Robert Maltby Road AND ALSO portion of said subdivision lying Northeasterly of County Road No. 980 and Northwesterly of Robert Maltby Road. LESS AND EXCEPT the property conveyed in the Deeds in Instrument No, 20101210000907 and 20160620000489. Page 3 of 6 U.S. TITLE SOLUTIONS File No. UST71192 Reference No. SESEA00041 B REPORT OF TITLE SCHEDULE - III The items set forth herein are intended to provide you with notice of matters affecting title to the land described in Schedule - II of this Report. Any statement of facts or matters which an accurate survey of the land would disclose, rights of tenants or parties in possession under unrecorded leases and easements or claims of easements not shown by the public record are not included in this report. No liability is assumed for items not indexed or mis-indexed in the County Records. MORTGAGES, DEEDS OF TRUST AND UCCs None found within period searched. 2. JUDGMENTS AND LIENS None found within period searched. 3. COVENANTS AND RESTRICTIONS 3.1 Covenants set forth in the Deed in Instrument No: 9102200666. 4. EASEMENTS AND RIGHTS OF WAY 4.1 Easement by City of Federal Way to City of Federal Way, Recorded May 10, 2012, in Instrumenr No. 20120510601146. Notes: Permanent Easement for Surface Water Facilities 4.2 Easement by King County to Lake Haven Sewer District, a Washington municipal corporation, Dated October 20, 1976, Recorded March 08, 1977, in Instrument No: 7703080767 Notes: Utility Easement; Best Copy Available 4.3 Easement for Overhang by King County to Puget Sound Power & Light Company, a Washington corporation, Dated September 02, 1975, Recorded October 03, 1975, in Instrument No: 751003052( Notes: for the right to construct, operate, maintain, etc., of electric transmission and distribution system 5. OTHER RECORDED DOCUMENTS 5.1 Memorandum of Lease and Option between The City of Federal Way and VoiceStream PCS III Corporation, Dated April 12, 2000, Recorded June 16, 2000, in Page 4 of 6 U.S. TITLE SOLUTIONS File No. UST71192 Reference No. SESEA00041 B REPORT OF TITLE SCHEDULE - III Instrument No: 20000616000569. HER UNRECORDED DOCUMENTS Assessor's Map GIS Maa Property Card 6.4 Property Detail Regorf Page 5 of 6 U.S. TITLE SOLUTIONS File No. UST71192 Reference No. SESEA00041 B REPORT OF TITLE SCHEDULE - V (OWNERSHIP HISTORY) Right -of -Way Dedication made by City of Federal Way to City of Federal Way, Dated June 17, 2016, Recorded June 20, 2016, in Instrument No: 20160620000489. Notes: Outsale; conveys the property listed herein in fee, not an Easement, for the purpose of Right -of -Way and Utility uses 2. Warranty Deed made by City of Federal Way to City of Federal Way, Dated November 16, 2010, Recorded December 10, 2010, in iment No: 20101, )000907. Notes: Outsale 3. Special Warranty Deed made by King County to The City of Federal Way, Dated January 02, 1991, Recorded February 20, 1991, in Instrument No: 9_ Page 6 of 6 Property Detail Report 31250 SW Dash Point Rd, Federal Way, WA 98023 King County Data as of: 03/23/2022 APN: 122103-9016 Owner Information Owner Name: Federal Way City Of Vesting: Mailing Address: 33325 8th Ave S, Federal Way, WA 98003-6300 Occupancy: Absentee Owner Location Information Legal Description: Ne 1/4 Of Se 1/4 Less Por Nwly Of Robt Maltby Rd & Swly Of Co Rd # 980 & County: King, WA Nly Of Dumas Bay Rd Less Co Rds & Less Nw Ly 22 Ft For Rd Per Rec #20160620000489 APN: 122103-9016 Alternate APN: 122103901601 Census Tract / Block: 030308 / 1004 Munic / Twnshp: Federal Way Twnshp-Rng-Sec: 21-3-12 Legal Lot / Block: Subdivision: Tract #: Legal Book / Page: Neighborhood: Lakota School District: Federal Way School District Elementary School: Adelaide Elementar... Middle School: Lakota Middle Scho... High School: Decatur High Schoo... Latitude: 47.32014 Longitude: -122.35791 Last Transfer / Conveyance - Current Owner Transfer / Rec Date: 02/18/1991 / 02/20/1991 Price: Transfer Doc #: 1991.02.20.666 Buyer Name: City Of Federal Way Seller Name: King County Deed Type: Last Market Sale Sale / Rec Date: Sale Price / Type: Deed Type: Multi / Split Sale: Price / Sq. Ft.: New Construction: 1st Mtg Amt /Type: 1st Mtg Rate / Type: 1st Mtg Doc #: N/A 2nd Mtg Amt / Type: 2nd Mtg Rate / Type: Sale Doc #: N/A Seller Name: Lender: Title Company: Prior Sale Information Sale / Rec Date: Sale Price /Type: Prior Deed Type: 1st Mtg Amt / Type: 1st Mtg Rate / Type: Prior Sale Doc #: N/A Prior Lender: Property Characteristics Gross Living Area: Total Rooms: 0 Year Built / Eff: Living Area: Bedrooms: Stories: Total Adj. Area: Baths (F / H): Parking Type: Above Grade: Pool: Garage #: Basement Area: Fireplace: Garage Area: Style: Cooling: Porch Type: Foundation: Heating: Patio Type: Quality: Exterior Wall: Roof Type: Condition: Construction Type: Roof Material: Site Information Land Use: Zoo Lot Area: 1,241,551 Sq. Ft. Zoning: SE State Use: Lot Width / Depth: # of Buildings: County Use: 149 - Park, Usable Lot: 1241551 Res / Comm Units: Public(Zoo/Arbor) Site Influence: Highway Acres: 28.502 Water / Sewer Type: Public / Public Flood Zone Code: Flood Map #: Flood Map Date: Community Name: Flood Panel #: Inside SFHA: Unknown Tax Information Assessed Year: 2021 Assessed Value: $1,610,000 Market Total Value: $1,610,000 Tax Year: Land Value: $1,609,000 Market Land Value: $1,609,000 Tax Area: 1205 Improvement Value: $1,000 Market I mpry Value: $1.000 Property Tax: Improved %: 0.06 % Market Impry %: 0.06% Exemption: Delinquent Year: TRIEREX© 2022 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFILIATES. ALL RIGHTS RESERVED. PAGE 1 OF 1 by DataTrace Disclaimer: This report is not an insured product or service or a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, title insurance, commitment or preliminary report, or any form of title insurance or guaranty. Estimated property values are: (i) based on available data; (ii) are not guaranteed or warranted; (iii) do not constitute an appraisal; and (iv) should not be relied upon in lieu of an appraisal. This report is issued exclusively for the benefit of the applicant therefor, and may not be used or relied upon by any other person. This report may not be reproduced in any manner without the issuing party's prior written consent. The issuing party does not represent or warrant that the information herein is complete or free from error, and the information herein is provided without any warranties of any kind, as -is, and with all faults. As a material part of the consideration given in exchange for the issuance of this report, recipient agrees that the issuing party's sole liability for any loss or damage caused by an error or omission due to inaccurate information or negligence in preparing this report shall be limited to the fee charged for the report. Recipient accepts this report with this limitation and agrees that the issuing party would not have issued this report but for the limitation of liability described above. The issuing party makes no representation or warranty as to the legality or propriety of recipient's use of the information herein. School information is copyrighted and provided by GreatSchools.org. 4/11 /22, 12:11 PM King County Department of Assessments: eReal Property ADVERTISEMENT ADVERTISEMENT �.00� Ref PARCEL DATA Parcel 122103-9016 Jurisdiction FEDERAL WAY Name FEDERAL WAY CITY OF Levy Code T 1205 Site Address 31250 SW DASH POINT Property Type R RD 98023 Plat Block I Building Number Residential Area 053013 (SW Appraisal Plat Lot I Unit Number District) — Property Name Quarter -Section -Township- �SE-12-21-3 Range .egal Deseslptlon NE 114 OF SE 1/4 LESS POR NWLY OF ROBT MALTBY RD & SWLY OF CO RD # 9B0 & NLY OF DUMAS BAY RD LESS CO RIDS & LESS NW LY 22 FT FOR RD PER REC #20160620000489 PLat Block: Plat Lot: Highest & Best Use As If Vacant SINGLE FAMILY Highest & Best Use As PRESENT USE Improved Park, Present Use Public(Zoo/Arbor) Land SgFt 1.241,551 Acres 28.50 Views Rainier 1 Territorial Olympics Cascades f� Seattle Skyline I Puget Sound Lake Washington Lake Sammamish Lake/Riverlr Other View Designations Historic Site Current Use (none) Nbr Bldg Sites Adjacent to Golf Fairway — NO Adjacent to Greenbelt NO Other Designation NO Deed Restrictions NO Development Rights Purchased NO Easements NO Native Growth Protection NO Easement DNR Lease NO Number: LAND DATA Percentage Unusable Unbuildable NO Restrictive Size Shape NO Zoning SE Water WATER DISTRICT Sewer/Septic PUBLIC Road Access PUBLIC Parking Street Surface PAVED Waterfront Waterfront Location Waterfront Footage �0 Lot Depth Factor 0 Waterfront Bank Tide/Shore Waterfront Restricted Access Waterfront Access Rights NO Poor Quality NO Proximity Influence INO Nuisances Topography Traffic Noise HIGH Airport Noise Power Lines Other Nuisances NO INO Problems Water Problems YES Transportation Concurrency NO Other Problems NO Environmental Environmental NO BUILDING Accessory Picture Description Type I MISC IMP Park reslroom, equipment storage MISC IMP Backstop and fencing. NE field MISC IMP Backstop and fencing, SE field SgFt Grade Eff Year % Value Date Valued 2000 t I I t 14000016/18/2012 KI Li Pt W Di Ri lin W Bi Al lin Bi Al Di IN 3 st m hftps://blue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?ParceiNbr=l221039016 1/2 4/11/22. 12:11 PM King County Department of Assessments: eReal Property TAX -- This SALES HISTORY Excise Recording Document Sale Seller Name Buyer Name Instrument Sale Number Number Date Price Reason 38Q575 201G0620DQ➢4$9 6/17/2016 $0.00 FEDERAL WAY FEDERAL WAY Other - See Other CITY OF CITY OF Affidavit 2470023 20101210OV091) 11/16/2010 $0.00 FEDI�RAL WAY FEDERAL WAY Statutory Other CITY OF CITY OF Warranty Deed 1176132 199102200 1/2/1991 $0.00 KING COUNTY CITY OF FEDERAL WAY Warranty Deed Other REVIEW HISTORY PERMIT HISTORY Permit Permit Description Type Issue Date Permit Issuing I Reviewed Number Value Jurisdiction Date ALT -Replacement of existing light pole, removal -of 16- (3) panel antennas. addition of (3) new panel 102055- antennas, removal of (6) TMAs, addition of (1) Remodel 1011112016 $50,000 FEDERAL WAY 6/25/2018 00-CO COVP surge protector, addition of (8) RRUs and cabling and (12) diplexers.. 12 ADD - Construct 285 sgft storage equipment room to existing reslroom building. Add new sloped roof 101590 Remodel 5/7/2012 $14,829 FEDERAL 6/25/201 B to existing building and addition, No plumbing or 00-Co WAY mechanical on this permit. 11- ALT - Replace backstop and extend foul line 10480- fencing.. FEDERAL Other $40,000� WAY 6/18/2012 00-001 112/9/2011 f 11- 114717- ALT - Replace backstop and foul line fencing., Other FEDERAL 1212/2011 $40,000 WAY 6/18/2012 00-CO HOME IMPROVEMENT EXEMPTION ADVERTISEMENT https://blue.kingcounty.com/AssessorleRealProperty/Detail.aspx?ParceiNbr=1221039016 2/2 ra�� — �_.w= - SE 12-21-03 t3 King County Map a Ie *43• A3L W zLl 6. _74 Q S 14,1 46 if 4. F hoc JL_ ,For - � • M r' T 3 1p it A — The r'G"m ahan int-udoo on this map e— been c t' c""Jo al �At —Ple—, I MI. UZ N ,h ff- Vln Co.ty rop;p,—M p c_ �t 0 no., qh'a te line — urtl',.on TrIl d. It! intend I use adu-t r.� Cc,,..y stoll not a r for a,,, g,,-, p,c:al. ridir, eptial d "n"'A Olcladqj. b `vvy ,rod nt'Jir, from t1he we or mis— ofilhc �ri��ma:`on contained on inns man, rey sale cr Ins man crinla-ma5on n.r.Hs man �s F&ibitld lpt 1, p—Ac., e Kz,3 Cptjpty. King County Date 4/21/2022 Notes: 1,41iij At The RequestOf nty Real Pmpefty pi � No E1fCEif TAX fW FEBr�2 O 1991 (L� L_ AKOT-A PARK SPECIAL WARRANTY DEED FEB ! Is RECEIrtO iMIS DAY 5 The Grantor, KING COUNTY, a political subdivision Qf'the State of Washington, for and in consideration of mutual benefits, pursuant to king County Ordinance No. 9745 , does hereby convey and warrant unto the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, the following described lands, situate in King County, Washington: Portion of NE 1/4 of SE 1/4, Section 12, Township 21 North, Range 3 East, W.M., lying Southeasterly of the Robert Maltby Road AND ALSO portion of said subdivision lying Northeasterly of County Road No. 980 and North- westerly of Robert Maltby Road. SUBJECT TO: Easement granted to Puget Sound Power & Light Company for an electric transmission and/or dis- tribution system as recorded under Auditor's File No. 7510030520. Easement granted to Lakehaven Sewer Dis- trict for a sewer trunk line as recorded under Auditor's File No. 7703080767. The warranty herein is limited to the acts of the Grantor, and against claims and demands of all persons claiming by, through and under the Grantor herein. The City covenants to operate and maintain the site in perpetuity to the extent allowed by law as public open space or as a public C.0 recreational facility except that the City way trade the site or co part of the site for property of equal or better recreational co CDvalue. The City further covenants that it will not limit access CD to the park so as to restrict usage by non -City residents to (V facilities existing as of the date of -transfer of title to the (11 City or later built on land transferred pursuant to this section O and that any and all user fees, including charges made by any lessees, concessionaires, or other aaaignees shall be at the same rate Far non -City of Federal flay resident as for the residents of the City as to facilities and programs existing as of the date of transfer of title or later built or initiated on land trans- ferred pursuant to rt�is section to the City. Dated th is day of ' 19 q I KING COUNTY, WASHINGTON SY STATE OF WASHINGTON SS COUNTY -OF KING 1 I certify that AIL-i1f7 i'"��?�' signed this instrument, on oath 4tated that he was Wthorized by the King County-- ��x&R* toeexecut th i arruae vd acknowledsed it sa the11 C !_ ]Z.[ Get f./I. fli�Ii;sFli I� of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Doted CAll n) lk.' NOTARY PL%LrC in and Ifor thq St e of Wuhington. residing 4t '} - G' My appointment expires t- f• • 3/30/22, 5:52 PM Landmark Web Official Records Search Recording Requested By: CITY OF FEDERAL WAY When Recorded Mail To: CITY OF FEDERAL WAY PUBLIC WORKS, SWM DIVISION ATTN.: WILLIAM APPLETON 33325 8T" AVE SOUTH FEDERAL WAY, WA 98003 6 �0>n 20120510001146 CITY OF FEaERA EAS 65 W PAGE-901 OF 004 05/10/2012 14:35 KING COUNTY, WA PERMANENT EASEMENT FOR SURFACE WATER FACILITIES Grantor (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): A portion of NE '/4, SE '/, Section 12, T 21 N, R 3 E, WM. Additional legal description indicated below. Easement Legal Description: The easterly 25 feet of the northerly 35 feet of Parcel No. 122103- 9016 in King County, WA. See Exhibit A for a graphical depiction of easement. Assessor's Tax Parcel lD#: 122103-9016 For and in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the CITY OF FEDERAL WAY, a Washington municipal corporation, ("Grantor") grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, ("Grantee") for the purposes hereinafter set forth a perpetual easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: That portion of the Northeast Quarter of the Southwest Quarter of Section 12, Township 21 North, Range 3 East, W.M., lying southeasterly of the Robert Maltby Road and also that portion of said subdivision lying northeasterly of County Road No. 980 and northwesterly of Robert Maltby Road. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property consisting of a utility easement ("Easement") described as follows: The easterly 25 feet of the northerly 35 feet of Parcel No. 122103-9016 in King County, WA. https:/trecordsearch.kingcounty.govILandmarkVVeb/search/index?theme=.blue&section=searchCHteriaParcelId&quickSearchSelection=# 1 /4 3/30/22. 5:52 PM Landmark Web Official Records Search 1. Purpose. Grantee and its agents, designees and/or assigns shall have the right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to inspect, construct, reconstruct, maintain, repair, replace, remove, grade, excavate, and enlarge all surface water facilities including, but not limited to, underground facilities and/or systems upon and under the Easement, water quality treatment facilities, infiltration facilities, pipes, catch basins, manholes, and all appurtenances thereto ("Facilities"). Following the initial construction of the Facilities, Grantee may from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder by utilizing the improved driveway on the Property or by any other method mutually agreeable to Grantor and Grantee. 3.Obstructions; Landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions within the Easement, and may level and grade the Easement 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 to a condition similar to its condition prior to such work. Following the installation of the Facilities, Grantor may undertake any ordinary improvements to the landscaping of the Easement, provided that no trees or other plants shall be placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore. 4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement for any purpose not inconsistent with Grantee's rights provided: further, that Grantor shall not construct or maintain any buildings or other structures on the Easement, that Grantor shall not perform grading, digging, tunneling, or other form of construction activity on the Property, which would alter the functioning of the Facilities, and that Grantor shall not blast within fifteen (15) feet of the Easement. 5. Indemnification. Grantor agrees to indemnify, defend, 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 this Easement, including without limitation, any damage to the Easement area resulting from surface water flooding except to the extent caused by the sole negligence of the City. 6. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. https:/lrecordsearch,kingrounty.goy/LandmarkVVeb/search/index?theme blue&section=searchCritedaParcelld&quickSearDhSQlecfion=# 2/4 3/30/22, 5:52 PM Landmark Web Official Records Search DATED THIS Z day of , 2012. GRANTOR CITY OF FED RAL WAY By ' m' Cary M. Roe, P.E , irector of Parks, Public Works and Emergency Management STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 416 SO On this day personally appeared before me Cary M. Roe, to me known to be the Director of Parks, Public Works and Emergency Management of the City of Federal Way 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. GIVEN my hand and official seal this day of. 99A 2012. CAROL ANN MCNEILLY (typed/printed name of notarb NOTARY PUBLIC STATEIIMriTgt COk�mmsati Notary Public in and for the State of Washington. lt>Mit;SlFtllC£$ [71rCEMBER ZT ZQi2 My commission expires G:IIAWFORMS\EASEMENTSURFACEWATER FACILITIES 08104 https:l/recardsearch. king county. goy/Landm a rkWeNsearch/index? theme blue&section=searchCrilenaParcel Id&quick5earchSelection=# 3/4 3/30/22, 5:52 PM Landmark Web Official Records Search _ EXISTING ROW SW 312TH ST. CENTERLINE _ f NE COR / NE 114 - SE w m �� 39 Row 4� 251 � 1 \>-A � I �"Jpp� f/ I •' 'Poe t PERMANENT DRAINAGE EA5EMENT =875SFt +I PARCEL NO. N.T.S. 122103-9016 NE 114. SE 1/4, SEC. 12, T. 21 N.. R. 3 E., W.M. CITY OF EXHIBIT A FEDERAL WAY PARCEL NO. 122103-9016 33325 8TH AVE S PERMANENT DRAINAGE EASEMENT https: fire cord search. kingcountY.9ovILandmarkWeb/searchiindex?theme=.blue&secton= sea rchCrderiaParcel Id&quickSearchSelection �# 4/4 [ 'C,fS 1CM:SD m.idC tlyiy %S' ..a• of L. •o C^ 19'r, by aiw ru�eu t:'•(, 1011 �, .1 J•O:aT I[�toh•: 1 e i s OIL O�[ R stp{, of ndyhln( 1 ton, hr>car,af Ter t:I1nci TIC [o"A) :Wj the t,141.1-All + 511 .IS1u1Ci, i m.i'i-Ctpal cor'prT T10n of the State of hashington aru he., 1. Atei 1u1T[1 TLt olstril. 111T 1S it 111 :hat fop and I. Consiuciation of nutoal hruefits are the Joletiou of ail, ssmeht pcnalt is t'+r Count. hereby tcnters oral grants to the Li—tritt, a aerpttual eascrovr,l Gier, across, along, in, upon and ,.der rh, foIIG,.ing d.a,.rit:C.- eta; piopert, situated in Sing Count), i.'. Irgr—, to ,it hat 1•ortinn 01 111 of ST lia of Sc:ticn t:, iu..l,ship ?I or ti" 1,.1ngc 3 1..-t, n `.1 , lying SI lv of the Ilobrrl 1•lultl:y woad (Sh S0111 in, a:cJ w thin a stop of ]and 30 fret in ,ate, the .cntcr Inv of ,hlch in drscribco as fcilo.s corancn.ing at the a-t III corner of said Svc 12. tbouce South !*it*:" nrs 814 31 feet to t-,c true point of begin- ,iing, th, ce -.orth ?5'10" Lest 578 08 feet, thence ':orth i5°?6'T'.1•' Ilest 35r ' feet, thence North 1S°23'15" hest 3 fvcT, mare or icss, :o an intersection hits the Stiv margin. ,f Said rebert Naltt Roac (SF r•0o) Sato crier— t r•einr L r the purpose of constructing, ..aictatn2ng. repairing, altering an., usr.g a Scher trunt line hits all connections, mantcles an,: apputtrnarces O rreto, together with The right of ingress to and rgress rran saiJ described property for the foregoing purposes. ..:aid w rctoforc nentioned bistrict, its successors or assi,•.ns. s'lall laic tBc rigt•t to enter upon said above described property for r•r purpos, of constructing, maintaining or altering said Scher line, or appurtenances, or mating all, connections therewith; provide. t'ia: ate. surh activities in connection with the Scher line or appurtenances Tall be acconplished in such a manner that improvements nor existing or that hereafter may be construvted in the easement area shall not Lie di,it.rl•rd or clestreycJ, or it. the event that they arc d[sturliou or destrc-ed, t'.nv hill In raploced in as goof: a Condition as t:.et were tmwrdlatel• 'tefore the property ens anterad upon by t'at: district. pro- vldr.i fu•thor that theDiorritt shall ohtoin rho approval of the ►iag imunty Par's and h:tiCaTlOn Livision before any entry upon Ltlti subject prnpeTtl rot tilt abotc iicntioncd purposes. In the even: of tiity recon- struction, or attoling of said scecr line or appurtenances the Dis- trict sraft subaltt to tbt County', $er the County's approval, the plaits .r.d 5I-ecifttatton6 for 'such rr%onStrUc:Etott or altoTotion or Sai4 Scl.rr lint or appurtenances Th^ County shall retain the right .0 use ax sarfare of poi.: cascrents ''r li,str[cz shall hol, the fount, harmless from and against any claio or claims fur damage to persons or property resulting from or arising ant of ant act or acts of the District horcunsier. In tte event that Cho easement herein granted shall be abandoned or the use thereof discontinued, all rignts granted to tam District hTre.nJCr shall rermynate autor,.at.cally ant revert to the County, arc tnc Cistrict sesall restore the area to its original condition without ,DST to the tounty This easement shall he a covenant running pith the Iand an s1•.all he tinding on all parties, their succ ssors, heirs and assitns, in,; ;s eublect to all easer!ents, restrictions apn cnc•tz.bratices of rcconl Page 1 of 2 I •01'0 5S 1VtLkt01I this instrument has been erctuted b) the Count, Os of thu day and cat fiist above uritten. kIM1C COL:T1, h15ltItiCT'01 . .1 F, ellni) Ii c J 5. I I. B.t,S!II I("To,, 1 J Lnu••'t or ss > n, tots da>, perso alppearcd before mc1Fd4 -% Wer zi , tr) me Fn0„n to be the Lount) txceu,zto o ng ouun l, UWAsTi- iagta., the person "11 g e the above ar.�o forcgolug lnstrunct for king •a.uit% for t1n uses an.l "urpOSes LheTA11 7tatcd -111 7LLttoAledgeu to rr tt,at he siAucd tha same as the free and vo3untary net an.f deeJ Of AUL COnnt) AnJ tl'at I- —1y authorized to so sign. 4:VLN onset un baru anu offi.ial seal this Ad day of �/r7'bYfcr_ . l9� CST StaiC'Or� A..aS 1pglt7r, res ldtng all Y, . rig%] ijr Fa=—.1 at ;;: it or TfiISr f rrJ iEUMD BI LAILMIAW, SIVER DISTRICT Trnr. naTl Y1 /-22 %PPRo) LP AS TO FUR'.' S L.F G!LITI'- Py t�-�4, Ge rosccuttng .lriorney DtTt 5 19 I:AS11111 'I' 1-oil tlfl:lMANI; For aad in consideration of the suit or �' 4.-le.• and other valuuble caawlrlcratlark. the sculpt of lCbIC s setetr ac.nat,lcdgeri, King Count}', u political sttlydivislua of tilt State of liasitinxtan, ("Trontor" lieretn) II, rants to PUGI11 SGt'!:p 11011111 4 1.11:111 "III'd:;l', a r.'ashiu(;tna conF:r+rition, ("Grantta" hareln), fer the JJrur),v•ces Im"1a- artvr xt Part in an uateaent under, ,emit+ mill lifer C11y raIIrrsring da:+crlhed real praperty (the "Property" ht•rcin) in K11s1; County, lca:�)t- Ington: O .l 1 r That portion of the :.or-henst 1/4 of the southeast 1/4 of � Section lS, lownshlp -1 North, ]Caugo 3 Last, ii.••L, lySrig northeasterly of County ltoau 1960 and north+restcrly of itoltcrt ,ally 1. ad and south of IS. S12th Street. ti 1 ecept as : ay he athernisc set Care, herein Gra,ttec's rirhts +11uII ba axerci:ed upon Uat portion of the prollerty (tile "Right of i.ay" herl•in) tescribed its follows: A !light of hag ten (]n) feet in t.idth iiavinp fire (3) feet of such width on cacti: sIdo of n centerline described as ioilul,s: Lcltlnairl: nt a pole[ on the southerly ::argin of S.h: 312th Street approxmatelr 40 feat t,esterly fron the northcost corner of the aborr ,ascribed properly; thence southwesterly 40 feet nore or iaes to a point on the northeastcrl? margin Of tauuty Road •98n apprcniratcly 13 Feet nortyl:estcrlr from die vast southern' corner thereof and [lie terrinu5 of said centerline. 1. 1'trFosc. 1=: tin [at- shall have the right to ronstrucl , olmr: ,r, III IRt A111, repair, ruplaee and to in rge as elect rlc trnusnFas lan anr'!ar di arributlon spsten over, and/or ,lnticr the higl+t or eta+• tarether with •+II acressary or coavenicar appurteanuevs lllcrcforo, irhich raf�•, Inciu:c l+ut arc not Iittitad to the follolcing., PPolcs nr1+1/or towers with cruas- arrs, braces, gars Mid anchors-, clrct1.N transr,lssion and distribution lines; eosInnnleatiou and 51guaI lines and tralssforxlars. fvIIowlrry the initial construction of !ts fotll�tias, Gruntt-e ray fro= tint- to time construct such addltivaal fticliltles ns It ma.' require, µrovlded tltot, ali plans and spcclfications for such addItiallai Cohstrortivn shad be snbnitted rat approval to the King County 1'44.s wrision fifteen CIS) dal•s ltefore Tile co.m0concat or construction, ? Access. Grantee shall Ilare the right of access to the flight of 7tay ovt•T oa7 across the Property to enable Grantee to exercise its rll:hts hereunder, provided that Grantee shm11 conpensate Grantor for nnr danoge to chr Property caused by thr exercise of said ril;i:t of :ICCCS ti. 3. Gbstrnction5• C.andscafla•. Grantee Gay front tiGe to tiro ro- nove trees, ++s1ps, or offer a structions within the alghl of hay and nay level tau F,r,dc the Itll;lrs or :iay to Lire extent rcneonabiy ne4ssury to earn ant the pnrposrs cet forth h, paragraph 1 hrroof, prorlded that, AIIov: seek tort, Grantee shall restort- the night or Snr to the condition It was Inntdia tiny prior to ,Lich 4or).. 4. Grantor's (is_a of Right of hay. Grantor reserves the rl p..irt to use the Rtg sr o aa�jar nnl purrnae nut inconsistent cult tale rl, hts herein granted, rrovieir.d that Grantor shall not construct or n:tlntaiu ant' hvildinhl,� or other atruer+rrc an On- Plight of huy which would Inter - rare t.ith tNe exercise of tile rl}};ltts herein l;rarltrtli alai tllnt no hinstinp -.0mil Ire dome vithin 3Rlt fact of Grantee's facllitics without Grantee's prior written consent. Page 1 of 2 O J n SIndo�r:mity. ay accepting thls pcnilt, Grantee agruus to Indemnify unld harr.less Grantor fron any and all clalos for dar.,nges suffered to any person, or pruporty which any be coused by Grantees c�erelse of the rlghts hn:rtin granted; prnrldcd that Grantee cl:all not be responsiblu to Grantor f+r any change;, resulting Cron Injuries to any person or property canscd by acts or o>>lslions of ri,antor. r.. ,.bamlonucnt. The r!l;hts herein granted shall continue "mall such time as grantee «aces to use the Right of way Fos a period of five years. 7. ss,eccssors attd ass! n._. file rights anal obligations of cite partics stu tnure to tic aeaefit of and be binding; upon their respec- tive succcssurr and ah.-lgns. h; ITV this � ,�•' da;• of 5.� .•li.. I975. Si\G Ct)O:.rl', "W511INGT[Y: ,:: 1 A••, L'minty I:xC[1aC1Pe - y ss County of Xing J tin this day personally appeared before re., Join II. Spellman, to ne ,no, -I] to he the County l.xecutlye of King County, U.1, ington, the persnu -l:o signed the abovo urd foregoing instruamr, for i:1i.F County for the uses and purposes therein stated and ackii:]edged to r.c thac he sim.00 tl:c sago as tine free and toluntory act and Jced of ring Cowry and that he was authori:cd to sa sign. GiFF6': under by hand and offivial seal this .y..,,% gay of 1975. •• :iata ruittic inand-1 p- r Lycrs us t ' 1tas11IAr.tan. residlug at. Jl t�ttJ . hOGIET SOHNII POWLK G LIGHT COyPAN i3 r APP'nt"-'•.Jr AS TO POILV G LhGALIT1•: rputy 'rasecut I rl, r 11.pTli �� Page 2 of 2 3/30/22, 5:56 PM Landmark Web Official Records Search er tp Ln c� a cO co 0 Return Address VoiceStream Wireless PCS III ATTN Lease Administrator 19807 Northcreek Pkwy N Suite 101 Bothell, WA 98011 20000fi16000569 VOIMSTMM LE 11 0E PAGE tali OP N4 1s11E128Bd IS E2 KING CouNTY, UA MEMOR.%ND11M Ol, LEASE AND OPTION v—� Grantur The City of Federal W .t Grantee Voacestrcarn PCs III Cornoier Legal Dawnpuon ate' Section 12, Township 21N, Range 3E NE Quarter SE Quarter Complete legal description is on page D4 of documcm Assessor's Properly Tax Parcel Account Number(s) _ _12210390Ifffi _ Site Number 54$5A Site Nwne Lakota Pa Market Seattle a2 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=* 1 /4 3/30/22, 5:56 PM Landmark Web Official Records Search When Recorded Send To VoiceStream Wireless PCS III ATTN Lease Admmistrator 19807 Northcreek Pkwy N Suite 101 Bothell, WA 98011 MEMORANDUM OF LEASE THIS MEMOR ANDUM.OF LEASE is entered into on this L- day of PA 1 F999, by and between the CITY OF FEDERAL WAY, a Washington Municipal corporate n, with an office at 33530 - 11 Way South, Federal Way, WA 98003 (hereinafter referred to as "City"), and VOICESTREAM PCS III Corporation, with an office at 3650 - 1311 Ave S E , Bellevue, WA 98006 (hereinafter referred to as the "Tenant") 1 City and Tenant entered into a Leasc (the "Lease') onAl2y J I 40 I.999, for the purposes of installing, operating and maintaining a communications facility in connection with Tenant's wireless telephone communications service and other improvements .n 2. The term of Lease is for five (5) years commencing onDec 15 , 1999, � ("Commencement Date") and tenranating on the fifth anniversary of the Commencement date with threee (3) successive five (5) year options to renew (subject to the provisions of the Lease) 3. The land that is the subject of the Lease is described in Exhibit "A" annexed C. hereto The portion of the land being leased to the Tenant (the "Premises") is C Y described in Exhibit B annexed hereto IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written CITY CITY OF FEDERAL WAY, TENANT VOICESTREAM PCS III, Corporation Date 4 12 00 hitps:llrecordsearch.kingcounty.govlLandmarkWeblsearchlindex?theme blue&section=searchCriteriaParcelld&quickSearchSelectlon=# 2/4 3/30/22, 5:56 PM Landmark Web Official Records Search =1 uo an cm on co r� 0 STATE OF WASHINGTON ) ) ss COUNTY OF k j ) I certify that I know or have satisfactory evidence that - + - 1 Lv r, _ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, a oath stated that he/she was authorized to execute the instrument and acknowledged it as the ,Ltr YVs r - of L�.x w to be the fire and voluntary act of such party for the uses and purposes entioned m e instrument � Dated _ (1j e j;:+-. fb,*, I `-I 'T 7 STATE OF WASHINGTON COUNTY OF KING r r• Notary SUL Print Name S/. /• , My tsswn expires A19 `� 06 0 0 ss ao .. I certify that I Mow or have satisfactory evidence that I LN) (Rttt is the person who appeared before me, and said person acknowledged that GVshe signed thii instrument,on oath , tated that i lshe was authorized to execute the instrument and acknowledged it as the of V oiceStrearn PCS III Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument 0 pates{ - �J �%X%D 10MeHT0 tgAOTARY 'mom �pJ9L1C 21 401 QF WAS'''''�►t %"- SpNe a . rnl-) LL j2 S, 9E�� Notary Public Melinda S. Felton Pint Name My commission expires -IZ- https:l/recordsearch.kingcounty.gov/LandmarkVNeb/seerch/index?theme.blue&section=searchCriteriaParcelld&quickSearchSelection=# 3/4 3/30/22, 5:56 PM Landmark Web Official Records Search EXHIBIT A Legal Description To the Memorandum of Lease and Option dated ._ IF % Z - between The City of Federal Way, as Landlord, and VoiceStream PCS III Corporation, as Tenant The Property is legally described as follows THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W M , IN KING COUNTY, WASHINGTON, LYING EASTERLY OF 21Sr AVENUE SOUTHWEST, SOUTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS SOUTHWEST DASH POINT ROAD) AND SOUTHERLY OF SOUTHWEST 312TH STREET, AND THAT PORTION OF SAID S 1VISI0N LYING NORTHEASTERLY OF COUNTY ROAD NO 980 (ALSO KN WN AS 215T AVEN A. WEST), SOUTHERLY OF SOUTHWEST 3127H STREET AND NORHTWESTERLY OF ROBERT Y ROAD (ALSO KNOWN AS DASH POINT ROAD) OF co OC 0 co 0 Lc V— co 0 Site Number 4653 A Site Name tAKOTA PARK Market SEATTLE D-4 https:llrecordsearch,kingi oLirrty.goviLandmarkWeblsearchrndex?theme=.blue&section=searchCriteriaParr-efld&quickSearch5electton=# 4/4 3/30/22, 5:52 PM Landmark Web Official Records Search Return Address: !� I City of Federal Way I oil Attn: Christine Mullen, P.E. 8th Ave S Feder Federal Way, WA 98003-6325 20160620000489 CITY of FEOERA nISC 77.ee PAGE -eel OF eft KING®COelOUNTY, A E2803576 05/20/2016 13.0 KING COUNTY, WA TASALE 3$0.0® PAGE-0!1 OF W1 RIGHT-DF-WAY DEDICATION TO THE CI rV OF FEDERAL WAY Dedicator. CITY OF FEDERAL WAY, a Washington municipal corporation Dedicatee: CITY OF FEDERAL WAY, a Washington.municipal corporation Property Legal Description (abbreviated): NE 1/4 OF SE 1/4 LESS POR NWLY OF ROBT MALTBY RD & SWLY OF CO RD #980 & NLY OF 1)UMAS BAY RD LESS CO RDS Additional Legal: Exhibit A Assessor's Tax parcel ID No.. 122103-9016 THE DEDICATOR, CITY OF FEDERAL WAY,'a Washington municipal corporation, as fee simple owner of the real property described in Exhibit A, dedicates, grants, conveys.and warrants to the DEDICATEE, CITY OF FEDERAL WAY, a Washington municipal corporation, in fee and not as an easement, for the purpose of right-of-way and utility uses, all of its rights, title and interests, and any after - acquired interests therein, in and to the real property described in Exhibit A, depicted in Exhibit B, and situated in King County, Washington. DATED THIS 13 day of '�.,_•.�e� _ , 2016 Signature Page Follows RIGHT-OF-WAY DEDICATION -1- PARCEL. 12.2103.9016 https://rer,ordscarch.kingcounty.govILandmarkWebtsearchiindex?theme=.blue&section=r,earchCfteriaParoelId&quickSearchSelection=* 1 /5 3/30/22, 5:52 PM Landmark Web Official Records Search DE ATOR: C DE By: r►��r� v�� Marwan S loum, PE Public Works Director STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day personally appeared before me Marwan Salloum, to me known to be the Public Works Director of the City of Federal Way, that cxccuted the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stared that he was authorized to execute said instrument. GIVEN my hand and official seal this day of �[�%�P/ , 20? AR J°tp,fp r., (typeci,'printed name of notary) c w Notary Public in and for the Sate f Washington. log z i O s My commission expires 0 �+ - K 4S ng?.�! 0 11111110FIII%,W A51,�� M-11V RIGHT-OF-WAY DEDICATION -2- PARCEL.: 122103-9016 https.11recordsearch.kingcounty.govlLandmarkWeblsearchlindex?theme blue&section=searchCriteriaParcelld&quwckSearchSelection=#i: 2/5 3/30/22, 5:52 PM Landmark Web Official Records Search EXHIBIT A PARCEL NO. 122103-9016 RIGHT OF WAY DEDICATION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A , DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID PARCEL "A"AND A LINE THAT IS 30.00 FEET SOUTHERLY OF AND PARALLEL WITH SOUTHWEST 312"- STREET,• THENCE WESTERLY ALONG SAID PARALLEL LINE, 139.40 FEET TO A LINE THAT IS 30.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST DASH POINT ROAD (ROBERT MALTBY ROAD); THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, 290.00 FEET ALONG AN ARC OF CURVE TO THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A RADIAL LINE TO A CURVE, 22.00 FEET TO ALINE THAT IS 52.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID SOUTHWEST DASH POINT ROAD /R08ERT MALTBY ROAD), THENCE SOUTHWESTERL Y ALONG SAID PARALLEL LINE, 184.47 FEET ALONG AN ARC OFA•CURVE; THENCE CONTINUING SOUTHWESTERLY ALONG SAID PARALLEL LINE 510.82 FEET,• THENCE CONTINUING SOUTHWESTERLY ALONG SAID PARALLEL LINE, 300.89 FEET ALONG AN ARC OF A CURVE; THENCE NORTHWESTERLY ALONG A RADIAL LINE TO A CURVE, 22,00 FEET TO THE SOUTHEASTERLY MARGIN OF SAID SOUTHWEST DASH POINT ROAD (ROBERT MALTBY ROADI; THENCE NORTHEASTERLY ALONG SAID MARGIN 316.42 FEET AL ONG AN ARC OF A CURVE,• THENCE CONTINUING NORTHEASTERLY ALONG SAID MARGIN, r 10.82 FEET,- THENCE CONTINUING NORTHEASTERLY ALONG SAID MARGIN, 180.44 FEET ALONG AN ARC OF A CURVE TO THE TRUE POINT OF BEGINNING. CONTAINING 2ZO43 SQUARE FEET, MORE OR LESS. 1221039016ROW-2016.DOCX Page 1 of KpG TACOMA• SEAT TLE htlps:)Irecardsearch.kmgcounty.govlLandmarkVlleblsearchlindex?theme=. blue&section=searchCdteriaParcelld&quickSearchSelection=# 3/5 3/30/22, 5:52 PM Landmark Web Official Records Search PARCEL "A" (PER SPECIAL WARRANTY DEED RECORDING NUMBER 9102200666) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., LYING SOUTHEASTERLY OF THE ROBERT MALTBY ROAD AND ALSO THAT PORTION OF SAID SUBDIVISION LYING NORTHEASTERLY OF COUNTY ROAD NO. 980 AND NORTHWESTERL Y OF ROBERT MALTBY ROAD. 1221039016ROW-2016.DOCX Page 2 of 2 KPG TACOAIA- SFATTFF_ https:llrecordsearch. kingcounty.goviLandmarkWeblsearchrndex?theme=.blue&section=searchCriteriaParceiid&quickSearchSeiection=# 4/5 3/30/22, 5:52 PM Landmark Web Official Records Search SE 1/4. SEC. 12, T. 21 N., R. 3 E., W.M. 1� 22.00' 9 op- RQ� 0 ' 0 01 RIGHT OF .YY . 1 AREA = 22043 S. TAX LOT NUMBER_' 122103-9016 a 1 r r y'1 ry ha d 22.00' \Fa 4 TPOB 30.00'I - _ PROPERTY LINE (E LINE OF PARCEL _ A') POB w N NE COR, NE 1/4. SE 1/4 w DATE: MAY 17. 2016 FILE: 1221039016ROW-2016.OWG EXHIBIT B MWAN" 'ROMAN sianSw I=&" ue PARCEL 122103-9016 RIGHT OF WAY DEDICATION https.11recordsearch -kingcounty.goy)Lan dmarkWeb/searchlindex?theme blue&section=searchCriten aParceild&quick8earch5election�# 5/5 3/30/22, 5:48 PM Landmark Web Official Records Search Return Address: City of Federal Way 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 Attn: John Mulkey 20M211 000 07 FEDERAL UAY UD 66.00 PAGE-001 OF 4 12/10/2610 1 'aa1 KING COUNTY, UA E2470023 12/10/2010 12:51 KING CouN , " TAXSALE $1e,00 =0.09 PAGE-001 OF 001 STATITTORY WARRANTY DEED Grantor (s): CITY OF FEDERAL WAY, a Washington municipal corporation Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Legal Description: That portion of the Northeast Quarter of the Southeast Quarter of Section 12, Township 21 North, Range 3 East, W.M., lying southeasterly of the Robert Maltby Road and also that portion of said subdivision lying northeasterly of County Road No. 980 and northwesterly of Robert Maltby Road. Segregation Required Additional Legal(s) on: Exhibit "A" Assessor's Tax Parcel ID#(s): 122103-9016 The Grantor, CITY OF FEDERAL WAY, a Washington municipal corporation, for and in consideration of Ten Dollars ($ 10.00), conveys and wan -ants to the CITY OF FEDERAL WAY, a Washington municipal corporation, for the purpose of right-of-way, the real property described in Exhibit "A" herewith attached and made a part hereof. Page 1 PARCEL% 122103-9016 hops:llrecordsearch.kingcounty..govlLandmarWVeblsearchllndex7theme blue&section=searchGrite6aParcelld&quick5earch5elecfion=# 1/4 3/30/22, 5:48 PM Landmark Web Official Records Search DATED THIS A6 day of M!Jw .2010. GRANTOR CITY OF FEDERAL WAY By: 4z— Brian W' n, City Manager/Police Chief PO Ba 9718 Federal Way, WA 98063-9719 0 STATE OF WASHINGTON ) ss. �� County of KING ) �O h 1,00 On this 16 day of ,;Alr4, before me personally appeared BRIAN W I LSON, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager/Pol ice Chief for the City of Federal Way, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument GIVEN my hand and official seal the day and year last above written. Notary (print name EUL 1�u z*V- ,ilr►�`L�gf Fy--�_� Notary Public n and for the State of QJA tttt 44 .......... `�� '• ' ��. ! Cap = Residing at U.) My Appointment expires - kq- to `rMo Page 2 PARCEL% 122103-9016 hops:/lrecordsearch.kingcounty.govILandmarkWeblsearch✓index7theme=.blue&section�searchOMeriaParceitd&quickSearch5election=# 2/4 3/30/22, 5:48 PM Landmark Web Official Records Search EXHIBIT PARCEL NO. 122103-9016 RIGHT OF WAY DEDICATION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A; DESCRIBED AS FOLLOWS. - BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID PARCEL A"AND THE SOUTH MARGIN OF SOUTHWEST 312r~ STREET, THENCE WESTERLY ALONG SAID MARGIN, 139.40 FEET TO THE SOUTHEASTERLY MARGIN OF SOUTHWEST DASH POINT ROAD (ROBERT MALTBY ROAD), THENCE SOUTHWESTERLYALONG SAID MARGIN, 290.00 FEET ALONG AN ARC OFA CURVE, THENCE SOUTHEASTERLYALONG A RADIAL LINE TO A CURVE, 22.00 FEET TO A LINE THATIS 52.00 FEET SOUTHEASTERLY OF AND PARALI CL WITH THE CENTERLINE OF SOUTHWEST 3 127" STREET THENCE NORTHEASTERLY ALONG SAID PArOLLEL LINE, 303.90 FEET ALONG AN ARC OF A CURVE TO ALINE THAT IS 39.00 FEET SOUTH OFAND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 312r" STREET,• THENCE EASTERLY ALONG SAID PARALLEL LINE 118.07 FEET TO THE EAST LINE OF SAID PARCEL "4,, THENCE NORTHERL Y ALONG SAID EAST LINE. 9,00 FEET LO THE POINT OF BEGINNING. CONTAINING 7.692 SQUARE FEET MORE OR LESS, TOGETHER WITH THAT POR17ON OF SAID PARCEL A"LYING NORTHEASTERL Y OF COUNTY ROAD NO. 980 AND NORTH WESTERL Y OF ROBERT MAL TBY ROAD. CONTAINING 4,276 SQUARE FEET, MORE OR LESS. TOTAL AREA CONTAINING 11,968 SQUARE FEET, MORE OR LESS. PARCEL "A" (PER SPECIAL WARRANTY DEED RECORDING NUMBER 9102200666) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST W.M., LYING SOUTHEASTERLY OF THE ROBERT MALTBY ROAD AND ALSO THAT PORTION OF SAID SUBDIVISION LYING NORTHEASTERLY OF COUNTY ROAD NO. 980 AND NORTHWESTERLY OF ROBERT MALTBY ROAD. _tits It . 122103-9016 row Page 1 of KPI TACQ%i/%-SEATME Page 3 PARCEL:. 122103-9016 https:grecordsearch.kingcounty.govILandmarkWeblsearchlindex?theme-.blue&sectlon=searchCriteriaParcelld8,quickSearchSelection=l 3/4 3/30/22, 5:48 PM Landmark Web Official Records Search f � f f ------------------- ROW CENTERLUIE f �_ M EXISIM9 ROW IJ Via. ' L ROW MICAT* , = 7,692 SF:* TOTAL ROW DEDICATION 11,968 S.F.i PARCEL NO. 122103-9016 110 NE 1/4, SE 1/4 SEG 1$ T. 21 N., R. 3 E, W.M. SW 312TH ST NE t;OR. 0— - NE 1/4� SE 1/4 P.O.B. 9. i Rev. I — Nov 15, 2010 ACAD No. 122103-9016 p� EXHIBIT PARCEL NO, 122103-9016 Wb RIGHT OF WAY DEDICATION Page 4 PARCEL:. 122103-9016 https://recordsearch.kingcounty.govfLandmarkWeblsearcWindex7theme blue&section=searchCriteriaParcelId&quickSearchSelecbon=# 4/4