20-101116-Easements-04-22-2020-V1Declaration of Easements -1- MHL 4/7/20
When Recorded Return to:
McCullough Hill Leary, P.S.
701 Fifth Avenue, Suite 6600
Seattle, WA 98104
Attn: Courtney A. Kaylor
DECLARATION OF EASEMENTS
Grantor: Federal Way Campus, LLC, a Delaware limited
liability company
Grantee: Federal Way Campus, LLC, a Delaware limited
liability company
Abbrev. Legal Description: Lots 1, 2, 3 and 4, Federal Way BLA #20-
10116-SU, in King County, Washington
(former Lots 1 and 2, Federal Way
BLA # 17-100455-SU, rec. #20171108900002,
and Lot 4, Federal Way BLA # 18-100123-SU,
rec. #20181004900005)
(being portions SE 1/4 NE 1/4, SW 1/4 NE 1/4
and SE 1/4 of Sec. 16, T21N, R4E, WM; and
portion SW 1/4 NW 14 Sec. 15, T21N, R4E,
WM)
Assessor Tax Parcel #s: 162104-9056, 162104-9013, 162104-9030
Recording #s of docs
released or modified:
201711089000002, 20181004900005
Declaration of Easements -2- MHL 4/7/20
DECLARATION OF EASEMENTS
THIS DECLARATION OF EASEMENTS ("Agreement") is made this ____ day of
________________, 2020, by Federal Way Campus, LLC, a Delaware limited liability
company (“Declarant”).
Recitals
A. Declarant owns Lots 1, 2, 3 and 4 (the "Lots") of City of Federal Way
Boundary Line Number No. 20-101116-SU (the "Property"). Each of the Lots is more
particularly described in Exhibit A attached hereto.
B. Declarant desires to declare and establish easements across portions of Lots 1,
3 and 4 for the benefit of Lot 2, for ingress, egress, parking, utilities, lighting improvements
and maintenance, on the terms and conditions set forth herein.
C. Declarant desires to declare and establish easements across a portion of Lot 4
for the benefit of Lot 3, for ingress, egress and utilities, on the terms and conditions set forth
herein.
Declaration
Now therefore, the Declarant subjects the Lots to the following easement, covenants
and conditions:
1. Easements For Benefit of Lot 2
(a) Access; Parking
(i) Lot 2 Access Easement. Declarant hereby declares, reserves, grants and
conveys an easement appurtenant to Lot 2 over, across, upon and through the existing private
road located on Lots 1, 3 and 4 ("Circle Road") and the existing access drives located on Lots 1
and 4 that connect Lot 2 to the Circle Road ("Access Drives"), for the purposes of vehicular
and pedestrian ingress and egress (the "Lot 2 Access Easement").
(ii) Parking Easement. Declarant hereby declares, reserves, grants and
conveys an easement appurtenant to Lot 2 over, across, upon and through the existing parking
areas located on Lots 1, 3 and 4 ("Parking Areas") for the purposes of parking and for
vehicular and pedestrian ingress and egress to and from the Parking Areas (the "Parking
Easement").
(iii) Location. The Circle Road, the Access Drives and the Parking Areas
are depicted on Exhibit B attached hereto.
Declaration of Easements -3- MHL 4/7/20
(iv) Use. The Lot 2 Access Easement and the Parking Easement may be
used by the owner of Lot 2 and its tenants, and their respective licensees, invitees, agents,
employees and customers ("Lot 2 Users"), for the purposes described above. The Lot 2 Users
shall have the exclusive right to use the Circle Road, Access Drives and Parking Areas,
subject to the rights of the Lot 3 Users to use the Lot 3 Access Easement under Section 2
below, the rights of third-party utility providers with respect to utilities on the Property, and
the rights of emergency vehicles to use the Circle Road and Access Drives.
(v) Maintenance. Declarant hereby declares, reserves, grants and conveys
an easement appurtenant to Lot 2 for access to the Circle Road, the Access Drives and the
Parking Areas, for the purposes of constructing, reconstructing, maintaining, repairing,
cleaning, snowplowing and improving the Circle Road, Access Drives and Parking Areas
(including not limited to paving, curbs, curb cuts, slopes and drainage) and restriping the
Parking Areas. The owner of Lot 2 shall have the right to access portions of Lots 1, 3 and 4
adjoining the Circle Road, Access Drives and Parking Areas to the extent reasonably necessary
to perform such activities.
(b) Utilities and Lighting. Declarant hereby declares, reserves, grants and conveys
an easement appurtenant to Lot 2 in, under, upon and above all portions of Lots 1, 3 and 4
within which are located existing utilities and lighting improvements that serve Lot 2 (or the
improvements thereon) or that serve the Circle Road, the Access Drives or the Parking Areas,
for the purpose of operating, constructing, installing, replacing, improving, extending, repairing
and maintaining such utilities and lighting improvements. Such utilities shall include, but not
be limited to, electric, natural gas, water, telecommunications and storm drainage facilities
(including culverts, pipes, catch basins and other appurtenance). The owner of Lot 2 shall have
the right to access portions of Lots 1, 3 and 4 adjoining the utilities and lighting improvements
to the extent reasonably necessary to perform such activities.
(c) Sign. Declarant hereby declares, reserves, grants and conveys an easement
appurtenant to Lot 2 upon a portion of Lot 1, located at the entrance from Weyerhaeuser Way
in the vicinity shown in Exhibit B ("Sign Easement Area"), for the purpose of keeping,
replacing, repairing, maintaining or removing the existing sign at such location. The owner of
Lot 2 shall have the right to access portions of Lot 1 adjoining the Sign Easement Area to the
extent reasonably necessary to perform such activities.
(d) Gates. Declarant hereby declares, reserves, grants and conveys an easement
appurtenant to Lot 2 upon a portion of Lot 1, located at the north entrance from Weyerhaeuser
Way, and upon a portion of Lot 4, located at the south entrance from Weyerhaeuser Way, in
the vicinities shown in Exhibit B (collectively, "Gate Easement Area") for the purpose of
operating, replacing, repairing, maintaining or removing the existing gate at such location. The
owner of Lot 2 shall have the right to access portions of Lot 1 adjoining the Gate Easement
Area to the extent reasonably necessary to perform such activities.
2. Easements for Benefit of Lot 3. Declarant hereby declares, reserves, grants and conveys
a nonexclusive easement appurtenant to Lot 3, in, under, over, upon, across and through, the
Declaration of Easements -4- MHL 4/7/20
portion of the Circle Road located on Lot 4 ("Lot 3 Easement Area"), for the purposes of
(i) vehicular and pedestrian ingress and egress and (ii) operating, constructing, installing,
replacing, repairing and maintaining utilities serving Lot 3 (the "Lot 3 Access Easement"). The
Lot 3 Access Easement may be used by the owner of Lot 3 and its tenants, and their respective
licensees, invitees, agents, employees and customers ("Lot 3 Users"), for the purposes described
above. The owner of Lot 3 shall reimburse the owner of Lot 2 for 50% of the cost of repairing,
maintaining and replacing the portion of the Circle Road in the Lot 3 Easement Area, promptly
upon receipt from the Lot 2 owner of documentation of such costs. The owner of Lot 2 reserves
the right to use the Lot 3 Easement Area for any and all purposes which do not materially
interfere with the use of the Lot 3 Easement Area as a road.
3. No Dedication to the Public. The easements granted herein shall not be deemed to be
a gift or dedication of any portion of the Property to the general public or for any public use.
4. Assignment; Binding Effect. The easements and rights granted herein and the
covenants and conditions herein contained shall be covenants running with the land and shall
inure to the benefit of and be binding upon the owners of the Lots and their successors and
assigns.
5. No Merger. It is the intention of the Declarant that the easements and rights granted
herein and the covenants and conditions herein contained shall not extinguish or terminate by
operation of the doctrine of merger or otherwise by reason of existing or future common
ownership of the Lots.
6. Miscellaneous. Time is of the essence hereof. The headings contained herein shall
not be used to interpret the provisions hereof. This Declaration shall be construed under and
governed by the laws of the State of Washington. Jurisdiction and venue for any action
commenced to enforce this Agreement shall be the County of King, State of Washington. This
Declaration may not be modified except by a written agreement signed by the owner of the
Lots affected by such modification. An owner's failure to enforce any provision hereof shall
not constitute waiver thereof in any future instance. If any provision hereof is held to be
unenforceable, the remaining provisions shall continue in full force and effect.
[SIGNATURE IS ON NEXT PAGE]
Declaration of Easements -5- MHL 4/7/20
EXECUTED on the date first set forth above.
FEDERAL WAY CAMPUS, LLC, a
Delaware limited liability company
By:
Print name:
Title:
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _______________________________
is the person who appeared before me, and said person acknowledged that (s)he signed this
instrument, on oath stated that (s)he was authorized to execute the instrument and
acknowledged it as the _________________________ of FEDERAL WAY CAMPUS, LLC,
a Delaware limited liability company, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
DATED: ________________________, 2020.
Notary Public for the State of Washington
residing at
Print name:
Commission expires:
Declaration of Easements -6- MHL 4/7/20
EXHIBIT A
LEGAL DESCRIPTIONS OF LOTS 1, 2, 3 AND 4
LOT 1
THAT PORTION OF LOTS 1 AND 2 OF CITY OF FEDERAL WAY BOUNDARY LINE
ADJUSTMENT NO. 17-100455-SU AS RECORDED UNDER RECORDING NO.
20171108900002, IN KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 2 BEING A POINT
ON THE EASTERLY MARGIN OF INTERSTATE 5;
THENCE ALONG THE NORTHERLY LINE THEREOF, S 88°22'20" E, 1491.10 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, S 89°05'51" E, 648.05 FEET
TO A POINT OF CURVATURE ON THE NORTHWESTERLY MARGIN OF
WEYERHAEUSER WAY SOUTH;
THENCE ALONG SAID NORTHWESTERLY MARGIN, SOUTHWESTERLY 94.69
FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 670.00 FEET, THE RADIUS POINT OF WHICH BEARS N 47°52'27" W,
THROUGH A CENTRAL ANGLE OF 08°05'51" TO A POINT OF TANGENCY;
THENCE CONTINUING ALONG SAID NORTHWESTERLY MARGIN, S 50°13'24" W,
275.46 FEET TO A POINT OF CURVATURE;
THENCE ALONG SAID NORTHWESTERLY MARGIN, SOUTHWESTERLY 729.84
FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS
OF 1030.00 FEET, THROUGH A CENTRAL ANGLE OF 40°35'55" TO A POINT OF
TANGENCY;
THENCE CONTINUING ALONG SAID NORTHWESTERLY MARGIN, S 09°37'29" W,
49.81 FEET;
THENCE N 88°22'20" W, 1793.36 FEET TO SAID EASTERLY MARGIN OF
INTERSTATE 5;
THENCE ALONG SAID EASTERLY MARGIN, N 16°39'34" E, 697.30 FEET;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN, S 73°20'26" E, 25.00
FEET;
Declaration of Easements -7- MHL 4/7/20
THENCE CONTINUING ALONG SAID EASTERLY MARGIN, N 16°39'34" E, 262.01
FEET TO THE POINT OF BEGINNING.
CONTAINING 39.697 ACRES (1,729,190 SQUARE FEET), MORE OR LESS.
(Lot 1 of City of Federal Way Boundary Line Adjustment No. 20-101116-SU)
LOT 2
THAT PORTION OF LOTS 1 AND 2 OF CITY OF FEDERAL WAY BOUNDARY LINE
ADJUSTMENT NO. 17-100455-SU AS RECORDED UNDER RECORDING NO.
20171108900002, IN KING COUNTY, WASHINGTON AND OF LOT 4 OF CITY OF
FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 18-100123-SU AS RECORDED
UNDER RECORDING 20181004900005, IN KING COUNTY, WASHINGTON, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2, BEING A POINT
OF CURVATURE ON THE EASTERLY MARGIN OF INTERSTATE 5;
THENCE ALONG SAID EASTERLY MARGIN, NORTHEASTERLY 160.90 FEET
ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 11,335.00 FEET, THE RADIUS POINT OF WHICH BEARS S 74°09'14" E,
THROUGH A CENTRAL ANGLE OF 00°48'48" TO A POINT OF TANGENCY;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN, N 16°39'34" E, 46.70
FEET;
THENCE S 88°22'20" E, 1793.36 FEET TO THE NORTHWESTERLY MARGIN OF
WEYERHAEUSER WAY SOUTH;
THENCE ALONG SAID NORTHWESTERLY MARGIN, S 09°37'29" W, 434.43 FEET TO
A POINT OF CURVATURE;
THENCE CONTINUING ALONG SAID NORTHWESTERLY MARGIN,
SOUTHWESTERLY 678.79 FEET ALONG THE ARC OF A TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 1170.00 FEET, THROUGH A CENTRAL ANGLE OF
33°14'27" TO A POINT ON SAID CURVE;
THENCE N 47°08'04" W, 58.89 FEET;
THENCE N 65°48'01" W, 1552.01 FEET TO THE WESTERLY LINE OF SAID LOT 4;
THENCE ALONG SAID WESTERLY LINE, N 03°39'17" W, 105.64 FEET;
Declaration of Easements -8- MHL 4/7/20
THENCE CONTINUING ALONG SAID WESTERLY LINE, N 12°38'06" E, 100.00 FEET
TO THE SOUTHERLY OF SAID LOT 2;
THENCE ALONG SAID SOUTHERLY LINE, N 88°23'02" W, 38.81 FEET TO THE
EASTERLY MARGIN OF INTERSTATE 5 AND THE POINT OF BEGINNING.
CONTAINING 29.662 ACRES (1,292,060 SQUARE FEET), MORE OR LESS.
(Lot 2 of City of Federal Way Boundary Line Adjustment No. 20-101116-SU)
LOT 3
THAT PORTION OF LOT 1 OF CITY OF FEDERAL WAY BOUNDARY LINE
ADJUSTMENT NO. 17-100455-SU AS RECORDED UNDER RECORDING NO.
20171108900002, IN KING COUNTY, WASHINGTON AND OF LOT 4 OF CITY OF
FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 18-100123-SU AS RECORDED
UNDER RECORDING 20181004900005, IN KING COUNTY, WASHINGTON, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 4;
THENCE ALONG THE WESTERLY LINE OF SAID LOT, S 12°38'06" W, 100.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE, S 03°39'17" E, 105.64 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE S 65°48'01" E, 924.74 FEET;
THENCE S 27°13'36" W, 635.37 FEET;
THENCE N 62°46'24" W, 509.35 FEET TO SAID WESTERLY LINE OF LOT 4;
THENCE ALONG SAID WESTERLY LINE, N 00°16'17" E, 174.09 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE, N 26°06'22" W, 140.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE, N 01°12'07" W, 170.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE, N 11°20'41" W, 150.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE, N 03°39'17" W, 94.36 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 10.154 ACRES (442,330 SQUARE FEET), MORE OR LESS.
Declaration of Easements -9- MHL 4/7/20
(Lot 3 of City of Federal Way Boundary Line Adjustment No. 20-101116-SU)
LOT 4
THAT PORTION OF LOT 1 OF CITY OF FEDERAL WAY BOUNDARY LINE
ADJUSTMENT NO. 17-100455-SU AS RECORDED UNDER RECORDING NO.
20171108900002, IN KING COUNTY, WASHINGTON AND OF LOT 4 OF CITY OF
FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 18-100123-SU AS RECORDED
UNDER RECORDING 20181004900005, IN KING COUNTY, WASHINGTON, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 4;
THENCE ALONG THE WESTERLY LINE OF SAID LOT, S 12°38'06" W, 100.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE, S 03°39'17" E, 105.64 FEET;
THENCE S 65°48'01" E, 924.74 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING S 65°48'01" E, 627.27 FEET;
THENCE S 47°08'04" E, 58.89 FEET TO A POINT OF CURVATURE ON THE
NORTHWESTERLY MARGIN OF WEYERHAEUSER WAY SOUTH;
THENCE ALONG SAID NORTHWESTERLY MARGIN, SOUTHWESTERLY 91.55
FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 1170.00 FEET, THE RADIUS POINT OF WHICH BEARS N 47°08'04" W,
THROUGH A CENTRAL ANGLE OF 04°29'00" TO A POINT OF TANGENCY;
THENCE CONTINUING ALONG SAID NORTHWESTERLY MARGIN, THE
FOLLOWING COURSES:
S 47°20'56" W, 141.77 FEET;
N 42°39'04" W, 7.00 FEET;
S 47°20'56" W, 141.29 FEET TO A POINT OF CURVATURE;
SOUTHWESTERLY 58.71 FEET ALONG THE ARC OF A TANGENT CURVE TO
THE LEFT, HAVING A RADIUS OF 1237.00 FEET, THROUGH A CENTRAL
ANGLE OF 02°43'10";
N 45°22'14" W, 7.00 FEET TO A POINT OF CURVATURE;
Declaration of Easements -10- MHL 4/7/20
SOUTHWESTERLY 43.31 FEET ALONG THE ARC OF A NON-TANGENT
CURVE TO THE LEFT, HAVING A RADIUS OF 1244.00 FEET, THE RADIUS
POINT OF WHICH BEARS S 45°22'14" E, THROUGH A CENTRAL ANGLE OF
01°59'41";
N 47°21'55" W, 28.00 FEET TO A POINT OF CURVATURE;
SOUTHWESTERLY 73.13 FEET ALONG THE ARC OF A NON-TANGENT
CURVE TO THE LEFT, HAVING A RADIUS OF 1272.00 FEET, THE RADIUS
POINT OF WHICH BEARS S 47°21'55" E, THROUGH A CENTRAL ANGLE OF
03°17'38";
S 50°39'33" E, 15.00 FEET TO A POINT OF CURVATURE;
SOUTHWESTERLY 42.23 FEET ALONG THE ARC OF A NON-TANGENT
CURVE TO THE LEFT, HAVING A RADIUS OF 1257.00 FEET, THE RADIUS
POINT OF WHICH BEARS S 50°39'33" E, THROUGH A CENTRAL ANGLE OF
01°55'30";
S 52°35'03" E, 19.00 FEET TO A POINT OF CURVATURE;
SOUTHWESTERLY 299.22 FEET ALONG THE ARC OF A NON-TANGENT
CURVE TO THE LEFT, HAVING A RADIUS OF 1238.00 FEET, THE RADIUS
POINT OF WHICH BEARS S 52°35'03" E, THROUGH A CENTRAL ANGLE OF
13°50'53";
N 66°25'56" W, 12.00 FEET TO A POINT OF CURVATURE;
SOUTHWESTERLY 37.49 FEET ALONG THE ARC OF A NON-TANGENT
CURVE TO THE LEFT, HAVING A RADIUS OF 1250.00 FEET, THE RADIUS
POINT OF WHICH BEARS S 66°25'56" E, THROUGH A CENTRAL ANGLE OF
01°43'06" TO A POINT OF REVERSE CURVATURE;
SOUTHWESTERLY 303.47 FEET ALONG THE ARC OF A TANGENT CURVE
TO THE RIGHT, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL
ANGLE OF 43°28'06";
N 24°40'56" W, 13.00 FEET TO A POINT OF CURVATURE;
WESTERLY 92.97 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO
THE RIGHT, HAVING A RADIUS OF 387.00, THE RADIUS POINT OF WHICH
BEARS N 24°40'56" W, THROUGH A CENTRAL ANGLE OF 13°45'51";
S 10°55'05" E, 7.00 FEET TO A POINT OF CURVATURE;
Declaration of Easements -11- MHL 4/7/20
WESTERLY 142.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO
THE RIGHT, HAVING A RADIUS OF 394.00, THE RADIUS POINT OF WHICH
BEARS N 10°55'05" W, THROUGH A CENTRAL ANGLE OF 20°39'28" TO THE
WESTERLY LINE OF SAID LOT 4 OF CITY OF FEDERAL WAY BOUNDARY
LINE ADJUSTMENT NO. 18-100123-SU;
THENCE ALONG SAID WESTERLY LINE, THE FOLLOWING COURSES:
N 53°35'23" W, 95.00 FEET;
N 17°42'47" W, 483.46 FEET;
N 64°40'34" W, 35.00 FEET;
N 12°37'15" W, 303.40 FEET;
N 00°16'17" E, 72.57 FEET;
S 62°46'24" E, 509.35 FEET;
N 27°13'36" E, 635.37 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 18.153 ACRES (790,730 SQUARE FEET), MORE OR LESS.
(Lot 4 of City of Federal Way Boundary Line Adjustment No. 20-101116-SU)
ΗΜΣ∆ΘΡΣ≅Σ∆ 4(PUBLIC RIGHT OF WAY)C.A.F.
2020-04-07
1886-001-016
SCALE: 1"=600'
JOB NO.
DRAWING NAME :
DATE :
DRAWN :
SHEET 1 OF 1
∆ΩΓΗΑΗΣ Α
TO ACCOMPANY EASEMENT
A PORTION OF SECTIONS 15 AND 16, T. 21 N., R. 4 E., W.M.,
CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
SR-05(425) 297-9900
(253) 838-6113
www.esmcivil.com
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FEDERAL WAY
EVERETT
{NORTH
LAKE}
S. 336TH
STREET
WEYERHAEUSER
WAY SOUTH
LOTS PROPOSED BY CITY
OF FEDERAL WAY
BOUNDARY LINE
ADJUSTMENT
NO. 20-101116-SU
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DRIVE
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DRIVE
CIRCLE
ROAD
CIRCLE
ROAD
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\A1;PARKING
VICINITY
OF SIGN
AND GATE
VICINITY
OF GATE