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2010-04-07 HEX# 10-002 Exhibit CAfter recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 I20091013001627 Document Title: Temporary Construction Easement Reference Number of Related Document: Grantors: HD Development of Maryland, Inc. Grantees: State of Washington, Department of Transportation Legal Description: ,rPtn. of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M. Additional Legal Description is on Page 6 of DoenmeD�o �]Assessor's Tax Parcel Number: 282104-9008-0� } f TEMPORARY. CONSTRUCTION EASEMENT PACIFIC NORT0EST TITLE State Route 5, Pierce County Line to Jet. SSH No. 5-A 1 � , I� 2 HD Development of Maryland, Inc., a Maryland corporation ("HD"), and owner of the property legally described on Exhibit "A" (the "HD Property"), for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, conveys and grants unto the State of Washington, Department of Transportation, and its assigns ("WSDO'P') under the imminent threat of the Grantee's exercise of its right of eminent domain, the right, privilege and easement over, upon, and across the property legally described on Exhibit "B" (the "Easement Area") for the purpose of providing a work area for adjacent highway construction related activities. The temporary rights herein granted shall terminate on December 31, 2018, if not before. RES-325 exHRSIT G For legal description and additional conditions See Exhibits "A" and "B" attached hereto and made a part hereof. Page 1 of b Pages FA No. 0053 (919) 0053(934) Project No. U800502K PMtftJM?ffED MAR ' 0 3 2010 CITY BUF FEDERALILDING DEPT. WAY U TEMPORARY CONSTRUCTION EASEMENT 1. Indeu nification; WSDOT, its authorized agents and employees, shall defend, protect, save and hold harmless HD Development of Maryland, Inc. and Home Depot U.S.A., Inc. (collectively "HD"), its agents, successors and assigns, from all claims, actions, costs, damages, penalties, proceedings, disbursements, obligations, losses, liabilities, defenses or expenses of any nature whatsoever by reason of the acts or omissions of the WSDOT, its assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of the performance of the work on the property affected by the temporary construction easement by WSDOT (including without limitation any claims, damages, permit violations or other obligations of HD related in any way to the wetlands or stormwater located on the HD Property if arising out of the performance of WSDOT's work on the property affected by the temporary construction easement). This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of HD, its agents, successors and/or assigns; Provided that if the claims or damages are caused by or result from concurrent negligence of (a) HD, its agents, successors, assigns and/or employees and (b) WSDOT, its agents, successors and/or assigns or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the WSDOT or WSDOT's agents or employees. 2. Coordination of Activities: WSDOT shall coordinate with HD its construction activities, and shall provide HD with at least five (5) days prior written notice of its intent to enter upon HD's property to commence such activity. 3. WSDOT's Use and Activities. WSDOT shall exercise its rights under the Easement so as to avoid interference with the HD Property. WSDOT shall at all times conduct its activities on the HD Property so as not to disturb, obstruct or endanger operations or facilities. 4. Restoration: Immediately after the completion of work performed by WSDOT in the Easement Area, WSDOT shall remove all debris and restore HD's Property to the condition in which it was prior to commencement of such work. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington, unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation by the Headquarters Real Estate Services Manager. RES-325 Page 2 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT Dated: HD Develo meet ofMaryland. Inc, Ry N Erika M. Strawn Its: Sr. Attorney Accepted and Approved STATE OF WASHINGTON Department of Transportation By: 011171'Lu�- ike Palazzo, Headquarters Real Estate Services an el w Date: i 4I Approved as to Form: By: Q4kt04) Amanda G. Phily Assistant Attorney General RES-325 Page 3 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On ?f 2009, before me, ZjS& personally appeared f i who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) 1JiA M, WT-H Cbmntssw 011211" N"y, Pdft • colow a RES-325 Page 4 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" Legal Description of HD Property Lot A, City of Federal Way Lot Line Adjustment No. BLA99-0003, recorded under Recording Number 199908169000008, said Lot Line Adjustment being a portion of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M, in King County, Washington. RES-325 Page 5 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" Legal Description of "Easement Area" Temporary Easement Area: That portion of the hereinafter described Parcel "A", lying within the following described tract: Parcel A: Lot A, City of Federal Way Lot Line Adjustment No. BLA99-0003, recorded under Recording Number 199908169000008, said Lot Line Adjustment being a portion of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington. Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) LE 1866+37t on the Ls line survey of SR 5, Pierce County Line to Jet. SSH No. 5-A and 351.58 feet Westerly therefrom, said point being on the Southerly line of said Parcel "A' ; thence Easterly, along said Southerly line, to a point opposite HES LE 1866+51+ on said LE line survey and 287.82 feet Westerly therefrom; thence Northeasterly to a point opposite HES L.0 1873+ on said line survey and 269.17 feet Westerly therefrom; thence Westerly to a point opposite said HES and 275 Westerly feet therefrom; thence Northeasterly, pamUel with said - line survey, to a point opposite HES LE 1874+69± said point being on the Northerly line of said Parcel "A"; thence Westerly, along said Northerly line, to a point opposite HES . Ln 1874+54t on said line survey and 342.94 feet Westerly therefrom; thence Southwesterly to a Point opposite HES LE 1872+97.92 on said line survey and 440.90 feet Westerly therefrom; thence Southerly to the point of beginning. The lands herein described contain an area of 95,988 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing the date of approval June 24, 1958 and revised October 9, 2008. Grantor's Init Is RES-325 Page 6 of 6 Pages Parcel No. 1-22523 l ' 4errec6rdin reftim document to: - State of Washivo Depart:ttetit o£ 6sportiWn :_Meal Estate Services,,0£#zce. :.a,,>r ` Tp r�G iv 1 J:. Dlymp�a [ A 98504�Y- 338 �kti} p4lp NW 7I7 EAs 49.0e x' rPbiG g0 OF 1As17 x 11�IH •.COi1NYY WA . �1,.r �,.P ,� .•fir T,s.��•, Document Title: Temporary Eaern�nt Reference Number of Related Docu Inca Grantor: Costco Wholesale CoiFppkati n, a aslri ig�vu orp ation Grantee: State of Washington, Depattwint of '-'ransp'0 at -fan Legal Description: Ptn. Blocks 3, 4, 9'& 10 ;,Va�atpd Plat tlf East Tii6 n., CentraLA. dd. B, Vol. 4, Pg.•4 .� AdditionA Legaf-Description is on Page 6 &7.of 1)o'unient y Assessor's Tax Pargel Number: 219260-0290-00, 219 ,60-0i80�`03 ` TEMPORARY EASEMENT D. State R6 t 5' Pi 'County' ine to Jet. SSH No. 5-A ; : r The &Ri i'toi, Costs p Nwlesale Corporation, a Washington corporMbn„ for and in consiiier tiou•'`af;the ;:km` o£•TFltit STD N0/100 ($10.00) Dollars, and other valuable consideration, c;')uveys.: sand," -grants unto the State of Washington, Department of Transportation, and its..assigi s.bndertbe ir�mingnt threat of the Grantee's exercise of its right of Eminent Domwia}wthe,Xigbt, pxJ'vilegb:;ghd,:r:as�inent over, upon, and across the hereinafter described lands for the purp" so �f providing a, work urea for adjacent highway construction related activities. The temporary rights herein granted shaR;fem1J'nate oii•Dece fiber 31, 2013. Said lands being situated in King 'Q6unty, State of . i ashingtor� and described as follows: ' N ,r sa!a dOCllrtl�T+1[$} Wgfio ,'�+9E$ 11 rarcrd lo:,3 Pacific 1 QOI r O'sr itla a9 h has not bow s .ram, r'•r ri us to proper exeG+1uA ra` F1� 1�q. 0�153~(9Ig y' ,.- tr�ra Projec No. Ugf) 5U K RES-325 Page l of 7 Pages Parcel 146­1.t2625' Revised 09/05 t. RESUB�lIITT D:v' 5 �1 MAR ' 0 3 2M:{. CITY OF FEDERAL WAY° BUILDING DEPT. IX �r TEMPORARY EASEMENT fob .legal description and additional conditions see Exhibit "A' attached hereto and xade apart here❑f. NOW ,?M' REFGE,E, for good,:snd valuable consideration, the receipt and sufficiency iaf w7 ich�is 6e by aalmowkedged',` the ties hereto agree as follows: .1 .. Ccinplfanci vUith La -aid Ruli s: }:Grantee shall at all times exercise its rights herein iri 'acci rdariiee wick the req �ents ("H #om:'time to time amended) and all applicable statutes, crderi; :rules atnd regulatYoni~ of any Public uthority having jurisdiction. 1 r. 2, Coordina 'on .rf Activities;. grantee shall coordinate the dates of its construction with Grantdf;,.�iid G&nted shall p�ro,vi6' 1C aitor witl<i a ;tileast five (5) days prior written notice of its intent to enteir upon Grantor's property f© conriir a ce such activity. 3. Restoration. Immediately .sifter the compl tipn of any,..work performed by Grantee in The temporary easement area, Grarijee &J.1_ remote all"debris aiid.restore GrTtor's property to the:cgndition in which it was prior•tQ the c *;-- mohcer�entoafsucks wUrk. k' 4:` +Granfee'sUse and Activities. Grantee: 'shali exercise its rightG upder the Aee , ei nt so M. to avoid interference with an � � y property`ogvned by.Gxaitor.::° Gxanteir shall at all tunes coxiducr its a+ativities on Grantor's property so as not to -bst uct or nda5age Grantor's oper4ions-ar fa4liti4. �s i ,• ` WA. -St ard-8. All work to be performed by Grantee on-Jpratitofs property svAt be complete i.fn a careful and workmanlike manner, free of claims or lief ss' ti Indemrii y The grantee;= ats authorized agents and employees, will protect, save and hold hairless Fherantor successors or assigns, from all claims, actions, costs, damages or expenses of ax1y:"nature i4at oq* ee'•_by reason of the acts or omissions of the Grantee, its assigiis agents; coittractoi`, .1iceiseesinvitees, employees or any person whomsoever arising out of or iit:::"mmection vs-th ;i ny":acts or activities authorized by this temporary easement. The Grantee, its agents` or,:eFnployees; further agrees to defend the Grantor in any litigation, including,.pdyment of and+ costs,iir attoi'ney's fees, for any claims or action commenced, thereof arising out of or in--cwmeciiob with acts or, activities authorized by this temporary easement. This obligati(�t shall not.-Jaclude Such claims; .costs, damages or expenses which maybe caused by the sole hdg-i ger oe bf the Gxanta-e3, its successor or assigns; provided that if the claims or damages are causedd• b� or:-iesulf from oncuirent-fegligence of (a) the Grantor, its agents or employees and (b) thb...Grantee, its agents ;eiir employes, and involves those actions covered by RCW 4.24.115, this inde ini, y pravisioh sha-tt"be v lid-'apd enforceable only to the extent of the negligence of the "Grhntee or' Graxtte�[s) agezits fir:. employees. JW Pazc REs-325 Page 2 of 7 Pages 5ti �• ' } YK� TEMPORARY EASEMENT 7;; f "" ' . Insurance. Grantee shall cause its agents, contractors and representatives, pntdrinp,.,ppon the Property pursuant to this Easement to obtain commercial general liability �riniura&d insuring .agAinst injuries or damages to persons or property sustained on the "' •' a ProvP ty, +With'- a.-Z buidd single,hmit of Two Million Dollars ($2,000,000) naming Owner and: Grantor ag" an,.•additivrial .�sura.' The insurance provisions in this section may be 'sglistituted 3v1& self i4ura�ci as prpVtded..u.nder RCW 43.19.19362 a.. j g: : N tic&. All lioticegf ,demands; cgnsints, approvals and other communications which are reg fixed or ,desired poi bd .liven ley, elth& party to the other hereunder shall be in writing and sh'a R-:,be'lan� delivered' or., stint ' y,. United States registered or certified mail, postage prepaid, return receipi regtiest4, idaressed to the appropriate party at its address set forth below, or at such fter address as such p rtY,Qi 1T--have laq,, 'aignated by notice to the other. Notices, demands, consents, pprc vaJs,.I* nd other":mnr&ntiations shall be deemed given when delivered or three difi s afier3inlailing. GRANTOR: .. Costco�iciesale G�_rp,.aration�� 999 Lake Drive'.',.a �•''° Issaquah, Was gtR nBD7 .,. �...,. Attn: Legal Department ti Gl�khiT?E: i State of Washington Department of Transportation ":s=.�„•. r` Real Estate Services Office a ,' i' R.O. Box 47338 rtri a'' Olympia, WA 98504-7338 .r' AV It is understood find egeed.=ibat dpliveryof this Easement is hereby tendered and that the terms and obligati6vs heredfAalVnot'becom.e bnhding upon the State of Washington, unless and until accepted anii''appro� ed hereon iri"Iwsitirpg for'tho State of Washington, Department of Transportation by its Director;ofRog'Estat SeviceA, N.S � .Y der•. xx d5 titir . RES-325 Page 3 of 7 Pages Parcel Na. 1 255' }' Y J. 1,4 1;1 • �ti•• ,S TEMPORARY EASEMENT x .x sJ. 112008. CQSTCQVH-0L-SALE cORPORAuON Washixgtoil abzpora#ian .�ti. - of '1••,;�?: ! �v J • •,1 ' .? �...�1�$ i Jv .fib • ail Tsubai Assistant Secret}a`ir` s'i r .s' .s•• JF_'•. AveC�' Acret:and r •, �: "'�i,:2Y5...„,i ;} �;;' if STA' OF WASIWGTONJ Departinent'�f T-'i"poriatipn i�r : �•'' fwV Ger d/L. Gallinger }':" Director, Real Estate S Date: � •"tip ,�` ti.,�•- tit. F. w1•• K.- - �rI RES-325 Page 4 of 7 Pages Parcel No. 1-2'2525 stir TEMPORARY EASEMENT 5t -STATE OF. WASHINGTON Minty of Kind' : ss On fhi4` A A im 6i;� ........ . before me personally appeared Gail Tsuboi 77-- to the8 istga�.C- 490fA6corporalion that executed the foregoing -� instnnned. and ackyiowledg# said instikim6fit,tb be the free and voluntary act and, deed of e. said corporaifftli"b"r tlae usAs and pug)ob(o tl rein mentioned, and on oath stated that she is authorized to exec4e said ins nnien�-.,` GIVEN under my hand and 4y andveaiiast-4116e written, (SEAL) ........ Notary Publie, in aAd f6r the State e rS, vV Washington, "9idinja;,,L S--�* A) My commission expires':J'61 I:t—. 2f RES-325 Page 5 of 7 Pages Parcel No. 1-225254 TEMPORARY EASEMENT EXHIBIT "A" ' list p rtig0 of he hprpinafter described Tract "X", lying within the following described tract: Begihnin at.:a point:opposite Highway,t4neer's Station (hereinafter referred to as HES) LE `1:8 �23f oft. e Ty line s*v6y of ryi `5, Merge County Line to Jct. SSH No. 5-A and 321.76 feet estp l} "the efr�3n, ai poiri bpi g on, th _.Southerly line of said Tract "X'; thence Easterly to a point„Qppos�ite PES-Ji-05+3 dW' d line survey and 279.75 feet Westerly therefrom, sai'd..point b�ilig t ie S�uilZ'erly line of�'sn Tract "X' ; thence Northeasterly, parallel with said line su et', is a oini pposite 5 ..1877+08.60; thence Northwesterly to a point opposite HES La 1877+6 .78;:tin skid 14-k: gi vet' and 317.50 feet Westerly therefrom; thence Southwesterly to the poiz t.ofbegin 3 Tract "X" Parcel A: That portion" lMe vacated plat of East Tacoma &i' M, Addditi6n "�", .acor�ing to t1i plat thereof recorded in. Volume 4 of Plats, page 43i.,.in I�,itig:ton tyF icu shizegtor; descxil3ed as follows: Comxnoncing at the Southwest corner of Section 21 Township2i Noi#h'4� , Raiage.4" Earst, W.M., in Ki•Ag Ciunt�; Washington; thence North 1°34'08" East alvczgr,•the p5t line of said subdvisiQii, 496.66 :Feet;: thence South 88135' 16" East 50.00 feet to tie :fast margin of 16`h Avenue Soutli, as ekalilishea`by deed recorded under Recording Ntum66$91i180080, and the'.'TRUE Ti I' OF B � INKING; thence South 88°35'16" East 470.00 #ems; thence South 1 °281931 , Wcg" 40.20, fegf, more or.:.less, to the North margin of South 352"� Street, as established-b�+ deeds r6cord`sd iiizder Recording Numbers 3566431 and 3566432; thence North 88°31'41" West along 8aid Ndxi margin 474,79:feet to the East margin of 10h Avenue South, as established by` -,deed rWgided `,"endsr ecorrling Number 8912180080; thence North 1"34'08" East along``mid'hast v*on 466.7.:1 feet to::#he TRUE POINT OF BEGINMNG; EXCEPT that portion convgyed::,to;::the Gity;of FedeCal.Way, a Washington municipal corporation, by deed recorded Wider Reozdng;ldutr�lierOOt)513001231. r Parcel B: That portion of the vacated Plat of East'icoinaJCeritrai Adition "B a'cording to the plat thereof recorded in Volume 4 of Plats, page", i King :Couviy, Washington, described as follows: Commencing at the Southwest corner of Section 21, Townshl P Z.IANg�th�.— 4 fast,; in King County, Washington; thence North 1 °34'08" East alprig the West :.dine bf 'said,.: ..- subdivision, 496.66 feet; thence South 88°35'16" East 50.00 feet' �e� EaSt rnai`gxn of 16TN """� Avenue South, as established by deed recorded under Recording NuAer-$9lh'9'00$0; South 88°35' 16" East 470.00 feet to the TRUE POINT OF BEGINNING;-..#ienc °`coritir iiing RES-325 Page 6 of 7 Pages Parcel No. 1-22525. S y. 5✓ TEMPORARY EASEMENT S6u1! 98,.M"-V East 637.61 feet to the Westerly right-of-way line of Primary State Highway No.` 1, as established by deed recorded under Recording Number 4995246; thence South _ , I7,°42'24'f Easy` alon..said Westerly margin 322.56 feet to an angle point thereon; thence 36uth"13°58' ",•�tilast alo said Westerly margin 167.17 feet to the North margin of South 52','-.`� Street, • as eslablislied �y,;'deed�` recorded under Recording Numbers 3566431 and 3$66431'- the a e N&i "'88t- �.''41" West along..,*d North margin 707.40 feet to a point which bears $autt 1°28'19'a �Ves €am thersTPU P T OF BEGINNING; thence North 1'28' 19" East 4G : � 'et t i, xe Tel IE`FO1NT- b- P BEGINNI NG. The lands here'ii't:::dpsdribed co4in In axe ' 0.8,496 Square feet, more or less, the specific details concerning all of which are 166 be?"'d"6 d iti that certain map of definite location now of record and on file in the'6ffiice of lie SLro&ry,: f T'rangpgrtation d [ilympia, and bearing the date of approval June 24, 16'58 aua revised" March "•27, 2008: k `� Grantor's Initials lye .S • 'r•N•..a•. 5� .t' •lt�'tt tit-t'' '.rr .�:-. .. 2 . F; Y 1•'ti . .ask: " a�•+"• a Li RES-325 Page 7 of Pages Parcel No.'1-2 525,:- s• �T titi t TEMPORARY EASEMENT ,rr r" EXHIBIT "A" continued .y ��2 r�•.cil. 'LY S. 11• '! 4.'y' ti! •+Y " .J a` S: }Y .HISS• •"'{�._ .. •�'•[. 1♦_. •-i .F ' - - '� '•�• s` r.l. . i .t s .......` Kv. AT 4, . Arµu�►111un rkca .1; t••� ,r .r t Tcmporrry • '�• taaement ti !..w. KemmltLslerArcM ? F y!nlmr•••'• S" S92 sf "s�: a' ch .r RES-325 Page 8 of%Pages Parcel No. 1-2252S.: s r x .e ti 1• .eS ti 'After recording return document to: rN �. Spato of Wasli>Ugton Pepartme�t of Transportation e" Rdal Estato'Sgyices-O#Tice aOlympi4V "50447338 Legal Descrin6itr `A portion of tho S) �20091112002200 pAciFlc NW iIGE"y3� iYter of the NW Quarter of Section 28, a; Township 21 North, Range el! East, wM Additional Legal Descilpfisoa is_an Pige. 'af ldo ut ierit�•,. Assessor's Tax Parcel Number.: 2t6o 90GOLg8 EAIiM141NT � FIC NORTWWE.ST TITLE State Rout' 5, Pierce County Line to Jct. SSH Vo. The Grantor,;.. Jet Chevrolet, Inc., a Delaware .oerpora#ion, fgr and n obnsi teration of the:�sum of yf E1V.: AND NO / 100 ($10.00) Dollars; ::and:; otk r yflua lc ;.consideration, Y conveys attr3 grahts into the State of Washington, Departrapt Af Transpvirtatlan and its assigns, oder•the imminent threat of the Grantee's exercise of its•,rights p�f Eminent Domain, an easemrient,orrer,;Uadtr, upAn and across the hereinafter deserib'ed is d or the purpose of c6nstructing; insulting, operating and maintaining soil nails and -footings. 'Said lands being ,situieG] • [ri"lung County, State of Washington, and described as follows: Fsv lggal description .and.iidditional conditions See Exhibit -A attached, hereto an'made a part hereof It is understood and agreed that`delivery of this,:Easement-.ip hereby tendered and that the terms and obligations hereof s911" nut became' lsirt #i�tg upon the'State of Washington unless and until accepted and approved &reon in writing fo1rthe Stafe fWashington, Department of Transportation by its Headquarters Real"Estite §ery qe s Nlaitager. • n EXCISE TAX NOT REQUIRED ti.. _'• ®to x::.., ]! _ _ su a x• �r PA i�Y7, 0053 (9't5M), 6453:j93 .: Project`ttlC; U4,005p2K RES-324 Page 1 of 5 Pages Parcel No. i'_-M•I1 r' Revised 09105 RESUBMI I I ED � s' MAR ' 0 3 2010 CITY OF FEDERAL WAY s'``°r BUILDING DEPT. EA SB ENT p• r.. 2009 I 4el,, a: > y:�X: ,Accoted anla:iA STATE 68--WASL '`'� Dega��i�t cif Transpaita#io,�' �r: y X, '~ Mike Palazzo, 1q;wXiartcrsr Real Estate Services MtUiVer Date: '~���'rn.yai..•Yt��f• .cr J. .. s r•r.. .y. RES-324 Page 2 of (5) Pages Parcel No. t-2•�51.7:`• .r EASEMENT Z /ST.'ATJE OWAS :Comity dKifi On thii 4ay Vice -President me personally appeared me known to be the President and irafidn thdoxwpipd-th'foregoing instrument, and X k V acknowledged said instrdme�i to W thqIrcio and"voluny act and dc4w ed of said corporation, , sr for the uses and purposes therein:' -mentioned, @id: an oathsihted tIQ tAey are authorized to execute said instrument. Y Notary Publi Washington, My commission expirEi ZI ss R —324 ES Page 3 of (5) Pages Parcel No. 1 J11 )EFA$EIIIENT r''• a r �,.r• : EXHIBIT "A" sAluibat, ort�op of the h.ereinafter,desenbed Tract "X" lying within the following: �R3 ginning afa point Opposite Higl v'fiy Engineer's Station (hereinafter referred to as HES) SR S. 161 1:30t35 03 on thi SP, lineastu y of A.,S Pierce County Line to Jet. SSH No. 5-A and 50 feet SouthetisterJy tbi refircl $`thence"1Tgrth�sterly to a point opposite HES SR 161 129+98.10 oiit.said line Survey,. nndi4.25 iyttj4ov fheasterly therefrom; thence Easterly to a point opposite hEs SR 1-61 1,29+77.41 p�'s4_id'ifine survey and 109.08 feet Southeasterly therefrom; thence Nort�easterly aitiing•l curve t8 the left, having asadius of 236.50 feet and an arc length of 110:47 feet; t a point appositeE°L l5+05.6"oi`the LE line survey of said highway and 250.00 feet Westerly tb66oru-; tl'ience•.Nortlieastei-1y.a'long a curve to the left, f having a radius of 7,390 feet aiftl•.a�ii arc length of .4 .felt, to arpoint-opposite HES LE 1853+30.96 on said LE line survey and- 20 feet �N' terf' dethence Northeasterly along a euNe to the left, having a radius`.6f 2"J6.5k) ket and.4n arc 1oh' gth of2.43 feet 'to a point opposite .HES LE 1853+33.47 on said )1E line survey`and 750.4_3rSeet VLWbsterl�' therefrom; thence:.Northeasterly to a point oppnisit l')~S::LE F`854+36.8 on said b line survey and g53.46feet Westerly therefrom; thence Northeaster}y to a_point oppasite,l Es LE 1857+'57.51 ori;said L line survey and 261.36 feet westerly thif refi'om;!thcn_6e �Or€ ieasterly along a cµi�ve tb the=;left, having a radius of 3,973.5 feet and ar !:•arc 1'ength Af 34.79 feet, to a point oppositp'HE�'LE 1861+37 + on said LE line survey 270.82'•feet•' Vesier:Fy therefrom, said print being n thv"NedfiMy, line of said Tract "X"; thence Westerly' 1Qi g gaid:Northerly line tq a pohvt-dpposlte:PES LE 1$61+27+ on said LE line survey and 310.40 feet Westerly therefrom; therkiSou66te>ily, along a curve to the right having a radius o 3,393.5 feet and an arc'-Icogth"4.954,94 feet, ter a,poihti -apposite HES LE 1857+57.39 on said LE line survey and 301.36 feet We�ter}y thorefrom; thence Southwesterly to a point opposite HES LE 1$54+35.72 on laid LE ling sxirvey1iii?d 20.4).-Zeet Westerly therefrom; thence Southwesterly to a point opposii SSR ]JES•:I 61�d' 30+70L,26 ;vn skid SR 161 line survey and 196.83 feet Northeasterly therefrom; thinceSouthwesterlyy alou`g a.,curve to the right having a radius of 73.50 feet and an arc length'' -:of 2[l:i' fieetz:to a."poirit oppositg HES SR 161 130+56.53 on said SR 161 line survey and 181.g5::feetNortlieasierly-therefcom; ihcnce Southwesterly, along a curve to the right having a radius of 194501~get.ind ;tin '!' length 491.78 feet, to a point opposite HES SR 161 130+16.41 on said SR 1.61 lie �*gyand 100.23;feet Northeasterly therefrom; thence Westerly to the point vfl ,6 nni�gr s . Tract "X' ti~ r'''. Parcel A: y'�' .•lY :., That portion of the West half of the Southwest quarter of the Nof.thwbat quart&vf Sbccfion= 28, Township 21 North, Range 4 East, W.M., in King County, Washiiigtori;, described" ,.'follows: Beginning at the Northwest corner of the Southwest quarter of the Northwest•q'l'iart`er of RES-324 Page 4 of (5) Pages Parcel No. 1-12517 s '�r •l i' J" x � FAS�EN[EIVT fit• .... 'Se ction• 2.8, thence North 89*36' East on the North line of said Southwest quarter of the INor�fiwe� quartes;•Cr57.92 feet; thence South 0°09' West 255.00 feet to the TRUE POINT B1;.GIN11IN,6;,:tixence South 0"09V�'est,.to the intersection of the East boundary of Secondary State i ighW y Nor 3- 3; t6ne Northwesterly along the said East boundary of said highway t6 a point:�v6ich;ls Sduth.:8936' West 3$1,65.feet from the. TRUE POINT OF BEGINNING; them e;Nart}i 8R°36'�'Eas 3 .2.65 feet-t -the I9L#1- POINT OF BEGINNING; EXCEPT' that parti'on tf ere6f cgnvayed to thi~ �'tatq' of Washington for highway purposes by deed recorded ;. rnder,Recordin� Niiiaber 4�458-1: ::,�.. Parcel B: �} That portion of the East'hal'f of tI a S0ruth *` est:-gaafter ohhe Nortfiwi§st quarter of Section 28, Township 21 North, Range 4 l st, Vr144+:, irvki`i g Cognty `:Wasffi3Oon, lying Westerly of the Westerly margin of Primary State,gighi vayr 4 l ,6 c6nve"-1 -the State of Washington by deed recorded under Recording Numior 490_58�: "vN a Grantorseseiv the right to use the herein before desc€ib for -purposes that pvill not unreaso(tiably inte*re with the Grantee's full e, njoyrnent -4 the rights•hcjOby grantcd.,:�Veither Grantors nor�their'uccessors and/or assigns may erect Or cgizstrl�ct a..}r,building.6r st ucture on s: pro aerfy without the prior written consent of the tote of W-. asttii7gto�, Q'ep4ftmcnt of Tratfsporaiion As tised herein "building or structure" means anything coristrticted] or erected on,& y6nd�r a6 improvement built up or composed of par� jvitiid tt gVfher.• in some definitd manner And,affixed:,to the ground, including fences, walls aridL:raigrA. N6 excavation ihall be'lallbwed'*;ihin the easement area for the maintenance and safety ktha structure witt#put prior,,v4ittentappjbvat-of the State of Washington, Department of Transportation. Grarittsn sl}all' suimi.t for §airt�wri#ten 'approval, a work plan to the State of Washington, Department ofl'rani�,Y ati k:for any excavation or construction. Such work plan shall be submitted to the'�$tate of y, �`a ingt+t�si Dcoartrnent of Transportation for written approval no fewer than thirty 30 dpys prior to the `ex0egt0.-- vork date; which approval shall not be unreasonably withheld. The lands herein described contain an area of 37-:150" quare'Teet, snore or less; the specific details concerning all of which are to be found in that CertaFil`irap ot•~'definite location now of record and on file in the office of the Seereta y of.:"frazrspvr'tatxbn at ;Dlympia, and bearing date of approval June 24, 1958, and revised September 3; 2009 ax:'[o *heel 4 axtd revisal March 5, 2009 as to Sheet 9. �.......,.� . n I L'• .r fJ•. n RES-324 Page 5 of (5) Pages Parcel No. t-ZzS �7 a N`S CITY OF Federal Way Stream Modifications on Parcels within the City of Federal Way r L7 0INI01 ' � 4 — S 343 ST `r' _ a - .S-344. S344 ST co � S 347 PL � SR_18 �a- _ - - - s�s-r _ --- - --- _ S 349 S 349 ST - w. • ST S 351 ST- ' S 351 S L {� Q Y > N' _ U Q C` _ S 352 ST /` "` -00 L U — _ - w _ N S_352 ST Z; U u' Z, ry U U 3- �susT Z Sr PL W ' J� sS 354 LN `� CO saj'J N > S 355 ST ¢ ¢ N CO N -S 356 ST `N - S 355 PL S 356-ST H I.` OD — M - `N 04 S 359 ST - Vicinity Map . N Parcel #'s 282104-9008 282104-9124, 219260-0180 212104-9028, 282104-9069 200 0 200 400 600 800 Feet Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy.