HomeMy WebLinkAboutPW1998-0316 - Original - The Boeing Company - LID 340 - Payment & Settlement - 08/06/1998 LID PAYMENT AND SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into as of .4&w&y (?> 1998, between the City of Kent., a
Washington Municipal Corporation ("City"), and The Boeing Company, a Delaware:
corporation("Boeing").
RECITALS
A. Pursuant to Ordinance No. 3404 duly adopted by the City on June 2,
1998, the City has formed Local Improvement District No. 340 (the"LID").
B. Various properties owned by Boeing are within the area benefited by the
LID and have been preliminarily assessed the aggregate amount of $4,662,424 in
connection with the LID.
C. The City's plan for the LID requires the acquisition by Statutory Warranty
Deed of additional land identified in Exhibit #1 (the "Right-of-Way"), which the City
wishes to acquire from Boeing for public right-of-way. The City's plan for the LID also
requires the acquisition of a Temporary Construction easement identified in Exhibit #2.
Finally, the City's plan for the LID requires amendments to an electrical utility easement
identified in Exhibit#3.
D. Boeing and the City are parties to a lawsuit titled, THE BOEING
COMPANY v. the CITY OF SEATTLE and the CITY OF KENT, King County Cause No.
95-2-33549-7 SEA (the "Action"). Boeing and the City wish to resolve amicably the
issue which gave rise to the Action.
AGREEMENTS
In consideration of the mutual promises of the parties set out below and for other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties hereby agree as follows:
1. Boeing accepts the amount preliminarily assessed against its property as payment
for its share to construct the LID, equal to $4,662,424.00.
2. Boeing will quit claim its interest substantially in the form attached and for the
property described in Exhibit#1 to the City for South 196`" Street, a public right-of-way.
Boeing will grant to the City a Temporary Construction Easement substantially in the
form attached and for the property described in Exhibit #2. Boeing will grant an
amended utilities easement substantially in the form attached and for the property
described in Exhibit#3.
3. • The City agrees that the amount payable by Boeing for the LID assessment shall
be reduced by the following credits:
Page 1 of 2
(a) A credit of$ 499,535.00 shall be allowed in respect of the transfer
of the fee portion of the Right-of-Way (calculated on the basis of$5.00 per gross square
foot of land and 99,907 gross square feet of land).
(b) A credit of $14,857.50 shall be allowed in respect of the
Temporary Construction Easement (calculated on the basis of 0.50 per gross square foot
of land and 29,715 gross square feet of land).
(c) A credit of $575,000.00 shall be allowed as an amount in full
settlement of Boeing's claims asserted in the Action.
After allowance of the credits provided for in this paragraph, the net amount payable by
Boeing for the LID shall be $ 3 573 031.50 (the"Net Payment").
4. Boeing shall pay the Net Payment to the City no later than August 17, 1998.
5. Promptly following payment of the Net Payment, Boeing shall draft and deliver a
fully executed Stipulated Order of Dismissal as to the City in the Action, with prejudice
and without costs to either Boeing or the City. The City will be responsible to enter the
Stipulated Order of Dismissal and Boeing will cooperate with the City in seeking entry
of such an order.
6. Payment by Boeing to the City of the Net Payment shall be deemed for all
purposes to be a settlement, release, accord and satisfaction of all claims by Boeing or the
City with respect to the LID assessment, the Right-of-Way, the Temporary Construction
Easement, the amended Utilities Easement, the Action, and the claims asserted in the
Action.
7. Each party warrants to the other that is has taken all necessary municipal or
corporate action to authorize the execution and delivery of this Agreement by such party
and the performance by such party of its obligations hereunder.
Executed in duplicate as of the date first written above.
THE CITY OF KENT THE BOEING COMPANY
By: By: 41
-
Title: J' to Mayor Title: =c FAQ IL
Date: ✓
ATT T:
Brenda Jacober, i Clerk
Page 2 of 2
Attn:
City of Kent
220 Fourth Avenue South
Kent Washington 98032
Grantor(s):
Grantee(s):
Legal Description: (abbreviated)
Additional Legal is on page of document(s).
Assessor's Property Tax Parcel/Account Number(s):
STATUTORY WARRANTY DEED
The Boeing Company, a Delaware Corporation ("Grantor"), for and in consideration of
one dollar and other valuable consideration, in hand paid, receipt of which Grantor
acknowledges, conveys and warrants to the City of Kent, a Washington municipal corporation
("Grantee") the following described real property, including all improvements, situated in King
County, Washington:
SEE EXHIBITS "A" AND "B" ATTACHED
IN WITNESS, Grantor has caused this instrument to be executed by its proper officer(s)
and has affixed its corporate seal to this instrument on this day of 11998.
THE BOEING COMPANY
By:
Name:
Its: EXH I B IT
Date:
Page 1 of 2
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the of the Partnership/Corporation to be the free
and voluntary act of such Partnership/Corporation for the uses and purposes mentioned in the
instrument.
WITNESSETH my hand and seal this day of , 1998.
NOTARY PUBLIC in and for the State of
Washington, residing at
My notary expires:
P\LAW\FILES\0314\swardeed.196 doc
Pap 2 of 2
PARCEL NO. 11 NEW RIGHT-OF-WAY WESTERLY PORTION
That portion of Government Lot 4, Section 2, Township 22 North, Range 4 East, W.M.,
described as follows:
BEGINNING at the intersection of the North line of said Government Lot 4 with the Easterly
margin of Russell Road(said intersection is also the most Westerly corner of Lot 3, of
Southcenter Corporate Park Short Plat I, as delineated on City of Kent Short Plat No. SPC-80-14
and recorded under King County Recording No. 8012110583);
Thence South 89°16'32" East along the North line of said Government Lot 4 a distance of
241.92 feet;
Thence South 26°52'08" West 161.32 feet;
Thence South 50°47'40" West 143.79 feet;
Thence South 42°34'27" West 116.73 feet to an intersection with the said Easterly margin of
Russell Road;
Thence North 2°42'26" East along said Easterly margin 258.80 feet to a point on a curve from
which the radial center bears South 87°17'34" East 357.56 feet;
Thence continuing Northerly along said Easterly margin and the arc of said curve concave to the
East 66.04 feet to its intersection with the North line of said Government Lot 4 and the POINT
OF BEGINNING. Containing 46,105 square feet (1.058 acres) more or less.
E, H I B IT_�
PARCEL NO. 11 NEW RIGHT-OF-WAY EASTERLY PORTION,
That portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 22 North, Range 4
East, W.M., described as follows:
BEGINNING at the intersection of the South line of the North 10.00 feet of the said South 1/2
(also the Southerly margin of South 196th Street)with the West line of the said Northeast 1/4;
Thence South 88°59'58" East along said Southerly margin 2252.47 feet to an angle point
therein;
Thence continuing along said Southerly margin South 84°19'57" East 245.82 feet to its
intersection with the Westerly margin of the West Valley Highway;
Thence South 35°11'02" East along said Westerly margin 14.13 feet;
Thence North 86°40'34" West 256.61 feet;
Thence North 88°59'58" West 1397.00 feet;
Thence South 1°00'02" West 15.00 feet;
Thence North 88°59'58" West 150.00 feet;
Thence North 1°00'02" East 15.00 feet;
Thence North 88°59'58" West 598.39 feet to a point on a curve from which the radial center
bears South 1°00'02" West 710.00 feet;
Thence Westerly along the arc of said curve concave to the South 104.03 feet to its intersection
with the West line of the said Northeast 1/4;Thence North 0°17'19" East along said West line
28.61 feet to the POINT OF BEGINNING. Containing 53,802 square feet (1.235 acres) more or
less.
EXHIBIT a
Attn:
City of Kent
220 Fourth Avenue South
Kent Washington 98032
Grantor(s):
Grantee(s):
Legal Description: (abbreviated)
Additional Legal is on page of document(s). r`+ `U pD IT
Assessor's Property Tax Parcel/Account Number(s): L
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT is entered into between The Boeing Company, a Delaware
corporation("Grantor"), and the City of Kent, a Washington municipal corporation("Grantee").
Grantor, for one dollar and other valuable consideration, receipt of which is hereby
acknowledged, do by these presents grant, bargain, sell, convey, and confirm unto the Grantee,
its successors and assigns, a temporary right-of-way or easement to be used only during
construction of the South 196 h Street—West Leg—Corridor, which is being constructed on
adjacent property. This temporary right-of-way or easement shall be through and across the
following described property situated in King County, Washington:
SEE EXHIBITS "A" AND "B" ATTACHED
This temporary construction right-of-way or easement shall remain in force during
construction and until such time as the South 196'h Street—West Leg—Corridor and
appurtenances have been accepted for maintenance and operation by the Grantee.
The Grantee shall have the right, without prior institution of any suit or proceeding at
law, at such times as may be necessary to enter upon the property described in Exhibit A for the
purpose of construction of the South 196`h Street—West Leg—Corridor without incurring any
legal obligation or liability therefore, provided that the Grantee's construction of the South 196th
Street—West Leg—Corridor shall be accomplished in such a manner that the existing
improvements and land contours existing in the right-of-way shall not be disturbed or destroyed,
or in the event they are disturbed or destroyed, they will be replaced in as good a condition as
they were immediately before the property was entered upon by the Grantee.
Page 1 of 3
This temporary construction easement shall be a covenant running with the land and shall
be binding on the Grantor's successors, heirs, and assigns until acceptance of the Grantee's
South 196t' Street—West Leg—Corridor project for maintenance and operation by the Grantee.
By accepting and/or recording this possession and use agreement, Grantee agrees to
indemnify and hold harmless Grantor from and against any and all claims, liabilities, and costs
(including the reasonable fees and disbursements of Grantor's counsel and including any costs
incurred in establishing the right to indemnification hereunder) for injury to or death of any
person, for loss of or damage to any property which may be caused by or arise out of Grantee's
exercise of the rights herein granted (including any claims or liabilities arising out of the actions
of Grantee's agents, employees, and/or contractors) or for cleanup or remediation of any
contamination released, used, stored, generated, or transported by Grantee, its agents, employees,
and/or contractors, provided that Grantee shall not be responsible to Grantor for damages for
personal injury or property damage to the extent they result from the negligence or willful
misconduct of Grantor.
In the event that the Grantee encounters, or suspects that it has encountered any
hazardous substances in or on the Property, Grantee shall cease all operations and notify Grantor.
If the encountered or suspected hazardous substances are not the result of the acts or omissions
of Grantee, Grantor shall, at its own expense, determine if the material is hazardous, as
determined by applicable law. If the material should prove to be hazardous, then the Grantor
shall, at its own expense, remove, dispose, or otherwise handle such hazardous substances, as
necessary, in accordance with applicable law, or reroute the easement, if possible. If hazardous
substance are removed, Grantor also shall provide substitute nonhazardous material to replace
the removed material for Grantee to use in its operation, if necessary. Should the encountered or
suspected material prove not to be hazardous, Grantee shall proceed with the operations at its
own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the
delay in operation. If the encountered or suspected hazardous substances are the result of the
acts or omissions of Grantee its agents, employees, or contractors, Grantor's characterization of
the substances involved and any removal, disposal or other handling costs incurred in connection
with the removal, disposal, or handling of the hazardous substances will be at the Grantee's
expense, and Grantee shall have no recourse against Grantor for the cost of schedule delays
incurred due to the delay in operation.
THE BOEING COMPANY
By:
Name:
Its:
Date:
Page 2 of 3
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the of the Partnership/Corporation to be the free
and voluntary act of such Partnership/Corporation for the uses and purposes mentioned in the
instrument.
WITNESSETH my hand and seal this day of , 1998.
NOTARY PUBLIC in and for the State of
Washington.
Residing at
My notary expires:
P:\LAW 1PE.EW314\tempcons.196.doc
Page 3 of 3
PARCEL NO. 11
TEMPORARY CONSTRUCTION EASEMENT WESTERLY PORTION
That portion of Government Lot 4, Section 2,Township 22 North,Range 4 East,W.M.,
described as follows:
Commencing at the intersection of the North line of said Government Lot 4 with the Easterly
margin of Russell Road(said intersection is also the most Westerly corner of Lot 3, of
Southcenter Corporate Park Short Plat I, as delineated on City of Kent Short Plat No. SPC-80-14
and recorded under King County Recording No. 8012110583);
Thence South 89'16'32" East along the North line of said Government Lot 4 a distance of
241.92 feet to the POINT OF BEGINNING;
Thence South 26°52'08" West 161.32 feet;
Thence South 50°47'40" West 143.79 feet;
Thence South 42°34'27" West 116.73 feet to an intersection with the said Easterly margin of
Russell Road;
Thence South 2°42'26" West along said Easterly margin 15.60 feet;
Thence North 42°34'27" East 127.99 feet;
Thence North 50°47'40" East 145.19 feet;
Thence North 26°52'08" East 168.35 feet to an intersection with the North line of said
Government Lot 4;Thence North 890 16'32" West along said North line 11.14 feet to the POINT
OF BEGINNING. Containing 4,317 square feet(0.099 acres) more or less.
E i 11BIT
PARCEL NO. 11 TEMPORARY CONSTRUCTION EASEMENT EASTERLY PORTION
That portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 22 North,Range 4
East, W.M.,described as follows:
Commencing at the intersection of the South line of the North 10.00 feet of the said South 1/2
(also the Southerly margin of South 196th Street)with the West line of the said Northeast 1/4;
Thence South 88°59'58" East along said Southerly margin 2252.47 feet to an angle point
therein;
Thence continuing along said Southerly margin South 84°19'57" East 245.82 feet to its
intersection with the Westerly margin of the West Valley Highway;
Thence South 35°11'02" East along said Westerly margin 14.13 feet to the POINT OF
BEGINNING;
Thence North 86°40'34" West 256.61 feet;
Thence North 88°59'58" West 1397.00 feet;
Thence South 1°00'02" West 15.00 feet;
Thence North 88059'58" West 150.00 feet;
Thence North 1°00'02" East 15.00 feet;
Thence North 88°59'58" West 598.39 feet to a point on a curve from which the radial center
bears South 1°00'02" West 710.00 feet;
Thence Westerly along the arc of said curve concave to the South 104.03 feet to its intersection
with the West line of the said Northeast 1/4;
Thence South 0°l7'19" West along said West line 10.09 feet to a point on a non-tangent curve
from which the radial center bears South 7°30'19" East 700.00 feet;
Thence Easterly along the arc of said curve concave to the South 103.92 feet;
Thence South 88°59'58" East 588.39 feet;
Thence South 1°00'02" West 15.00 feet;
Thence South 88°59'58" East 170.00 feet;
Thence North 1°00'02" East 15.00 feet;
Thence South 88°59'58" East 1386.80 feet;
Thence South 86°40'34" East 264.36 feet;
Thence North 35°11'02" West 12.78 feet to the POINT OF BEGINNING. Containing 25,398
square feet (0.583 acres) more or less.
EXHIBIT
PUGET
SOUND
ENERGY
After recording, return to:
Puget Sound Energy, Inc.
P.O. Box 97034
Bellevue, WA. 98009-9734
Attn.: N. Floros- MIS MER-03E
EXHIBIT®
AMENDMENT OF EASEMENT AND CONFIRMATION AGREEMENT
This Amendment of Easement and Confirmation Agreement ("Agreement"
herein) is made and entered into this day of July, 1998, by and between
The Boeing Company, a Delaware corporation, ("Grantor"), and Puget Sound
Energy, Inc., a Washington corporation ("PSE").
PSE is the holder of certain perpetual easement rights pursuant to that
certain easement (the "Easement') from Grantor, dated September 21, 1978,
and recorded under King County Auditor File Number 7810170742, in the Real
Property Records of King County, Washington. The Grantor herein is the
present owner of the real property described in Exhibit "A" attached hereto and
by this reference made a part hereof which is a portion of the property
encumbered by said easements. The Grantor herein and PSE wish to clarify
certain matters regarding the above mentioned easement.
NOW, THEREFORE, for and in consideration of Mutual Benefits, the
parties hereto confirm and agree as follows:
Section 1. The Easement, as granted on September 21, 1978 and, as
hereinafter amended, remains in full force and effect.
Section 2. The legal description of the Easement area lying within the
property described in said Exhibit "A" is hereby amended as follows:
A. The 'Right-of-Way" legal description of the Easement is
superseded and replaced with the legal description set forth in Exhibit "B",
Paragraph 1, attached hereto and by this reference made a part hereof,
and;
B. PSE shall have the right to cut, remove and dispose of any and all
brush, trees and other vegetation presently existing upon the Vegetation Control
Area legal description described in Exhibit C, attached hereto and by this
reference made a part hereof. PSE shall also have the right to control, on a
continuing basis and by any prudent and reasonable means, the establishment
and growth of bush, trees and other vegetation upon the Vegetation Control Area
which could, in the opinion of PSE, interfere with the exercise of PSE's rights
herein or create a hazard to PSE's systems. Other than in an emergency, PSE
shall provide Grantor with prior notice by telephone at telephone number ( )
before entering Grantor's property for the purposes
of this paragraph.
Section 3. By accepting and/or recording this possession and use
agreement, PSE agrees to indemnify and hold harmless Grantor from and
against any and all claims, liabilities, and costs (including the reasonable fees
and disbursements of Grantor's counsel and including any costs incurred in
establishing the right to indemnification hereunder) for injury to or death of any
person, for loss of or damage to any property which may be caused by or arise
out of PSE's exercise of the rights herein granted (including any claims or
liabilities arising out of the actions of PSE's agents, employees, and/or
contractors) or for cleanup or remediation of any contamination released, used,
stored, generated, or transported by PSE, its agents, employees, and/or
contractors, provided that PSE shall not be responsible to Grantor for damages
for personal injury or property damage to the extent they result from the
negligence or willful misconduct of Grantor.
Section 4. In the event that the PSE encounters, or suspects that it has
encountered any hazardous substances in or on the Property, PSE shall cease
all operations and notify Grantor. If the encountered or suspected hazardous
substances are not the result of the acts or omissions of PSE, Grantor shall, at
its own expense, determine if the material is hazardous, as determined by
applicable law. If the material should prove to be hazardous, then the Grantor
shall, at its own expense, remove, dispose, or otherwise handle such hazardous
substances, as necessary, in accordance with applicable law, or reroute the
easement, if possible. If hazardous substances are removed, Grantor also shall
provide substitute nonhazardous material to replace the removed material for
PSE to use in its operation, if necessary. Should the encountered or suspected
material prove not to be hazardous, PSE shall proceed with the operations at its
own cost, with no recourse against the Grantor for the cost of schedule delays
incurred due to the delay in operation. If the encountered or suspected
hazardous substances are the result of the acts or omissions of PSE, its agents,
employees, or contractors, Grantor's characterization of the substances involved
and any removal, disposal or other handling costs incurred in connection with the
removal, disposal, or handling of the hazardous substances will be at the PSE's
expense, and PSE shall have no recourse against Grantor for the cost of
schedule delays incurred due to the delay in operation.
Section 5. This Agreement shall be binding upon and inure to the benefit
of Successors and Assignees of both parties.
Page 2 of 4
IN WITNESS WHEREOF, the parties have executed and delivered this
Agreement as of the day and year first set forth above.
GRANTOR:
THE BOEING COMPANY, a Delaware corporation
BY: BY:
TITLE: TITLE:
PUGET SOUND ENERGY, INC., a Washington corporation
By:
Manager Real Estate
PSE W.O. No.: 9851467
STATE OF WASHINGTON )SS
COUNTY OF
On this day personally appeared before me
and , to me known to be the
and
respectively, of The Boeing Company, a Delaware Corp oration, the corporation
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 they authorized to execute
the said instrument.
GIVEN under my hand and official seal this day of
19
Print Name:
Notary Public in and for the State of
Washington
Residing at:
My commission expires
NOTARY SEAL HERE T
Page 3 of 4
STATE OF WASHINGTON )
)SS
COUNTY OF )
On this day personally appeared before me Howard A. Strong, to me
known to be the Manager, Real Estate, of Puget Sound Energy, Inc., a
Washington Corporation, the corporation 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 they authorized to execute the said instrument.
GIVEN under my hand and official seal this day of
19
Print Name:
Notary Public in and for the State of
Washington
Residing at:
My commission expires
NOTARY SEAL HERE T
Page 4 of 4
Exhibit"A"
Attached to and made a part of
AMENDMENT OF EASEMENT AND CONFORMATION AGREEMENT
dated , 1998, by and between
The Boeing Company, a Delaware Corporation, as Grantor, and
Puget Sound Energy, Inc., a Washington Corporation, as Grantee.
The Real Property:
That portion of Section 2, Township 22 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Those portions of Government Lots 4, 5 and 6 lying easterly of the east margin of Russell Road;
AND
The Southeast Quarter of the Southwest Quarter;
AND
The Southeast Quarter;
AND
The South Half of the Northeast Quarter, Except that portion of the East Half of said Section 2
described as follows: Beginning at the East Quarter Corner of said Section; thence North
88058'52"West 180.05 feet to the True Point of Beginning; thence South 00000'44"West 490.40
feet; thence North 89059'16"West 210 feet; thence North 00000'44" East 640 feet; thence South
89059'16" East 210 feet; thence South 00000'44"West 149.60 feet to the True Point of Beginning.
Together with the North Half of the Northeast Quarter of Section 11, Township 222 North, Range
4 East, W.M. in King County, Washington, lying northerly of South 212th Street;
AND
That portion of Government Lot 1 of said Section lying northerly of South 212th Street and lying
easterly of Russell Road;
Except those portions for roads as conveyed to King County, City of Kent and State of
Washington by Deeds recorded under Recording Numbers 549802, 602271, 602272, 602273,
602275, 1851607, 198908, 198945, 6025918, 6100721, 6108275, 6318870, 6318872,
8205180030, 8910191665, and 8910191656.
EXHIBIT A
Exhibit "B"
Attached to and made a part of
AMENDMENT OF EASEMENT AND CONFIRMATION AGREEMENT
Dated , 1998, by and between
The Boeing Company, a Delaware Corporation, as Grantor, and
Puget Sound Energy, Inc., a Washington Corporation ("PSE")
PARCEL NO. 11 UTILITY EASEMENT (17' WIDTH)
That portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 22 North, Range
4 East, W.M., described as follows:
Commencing at the intersection of the South line of the North 10.00 feet of the said South
1/2 (also the Southerly margin of South 196th Street) with the West line of the said
Northeast 1/4;
Thence South 88E59N58O East along said Southerly margin 2252.47 feet to an angle
point therein;
Thence continuing along said Southerly margin South 84E19N570 East 245.82 feet to its
intersection with the Westerly margin of the West Valley Highway;
Thence South 35E11 NO2O East along said Westerly margin 14.13 feet to the POINT OF
BEGINNING;
Thence North 86E40N34O West 256.61 feet;
Thence North 88E59N58O West 1397.00 feet;
Thence South 1 EOONO2O West 15.00 feet;
Thence North 88E59N58O West 150.00 feet;
Thence North 1 EOONO2O East 15.00 feet;
Thence North 88E59N58O West 598.39 feet to a point on a curve from which the radial
center bears South 1 EOONO2O West 710.00 feet;
Thence Westerly along the arc of said curve concave to the South 104.03 feet to its
intersection with the West line of the said Northeast 1/4;
Thence South OE17N190 West along said West line 17.16 feet to a point on a non-tangent
curve from which the radial center bears South 7035'04" East 693.00 feet;
Thence Easterly along the arc of said curve concave to the South 103.84 feet;
Thence South 88E59N58O East 581.39 feet;
Thence South 1 EOONO2O West 15.00 feet;
Thence South 88E59N58O East 184.00 feet;
Thence North 1 EOONO2O East 15.00 feet;
Thence South 88E59N58O East 1379.66 feet;
Thence South 86E40N34O East 269.79 feet;
Thence North 35E11 NO2O West 21.72 feet to the POINT OF BEGINNING. Containing
43,220 square feet (0.99 acres) more or less.
SAPUBLIMLAIMBRUBAKEMPSE1Tdoc EXHIBIT 13
Exhibit "C"
Attached to and made a part of
AMENDMENT OF EASEMENT AND CONFIRMATION AGREEMENT
Dated , 1998, by and between
The Boeing Company, a Delaware Corporation, as Grantor, and
Puget Sound Energy, Inc., a Washington Corporation ("PSE")
PARCEL NO. 11 VEGETATION CONTROL EASEMENT (8' WIDTH)
That portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 22 North, Range
4 East, W.M., described as follows:
Commencing at the intersection of the South line of the North 10.00 feet of the said South
1/2 (also the Southerly margin of South 196th Street) with the West line of the said
Northeast 1/4;
Thence South 88E59N58O East along said Southerly margin 2252.47 feet to an angle
point therein;
Thence continuing along said Southerly margin South 84E19N570 East 245.82 feet to its
intersection with the Westerly margin of the West Valley Highway;
Thence South 35E11 NO2O East along said Westerly margin 35.85 feet to the POINT OF
BEGINNING;
Thence North 86E40N34O West 269.79 feet;
Thence North 88E59N58O West 1379.66 feet;
Thence South 1 EOONO2O West 15.00 feet;
Thence North 88E59N58O West 184.00 feet;
Thence North 1 EOONO2O East 15.00 feet;
Thence North 88E59N58O West 581.39 feet to a point on a curve from which the radial
center bears South 1 EOONO2O West 693.00 feet;
Thence Westerly along the arc of said curve concave to the South 103.84 feet to its
intersection with the West line of the said Northeast 1/4;
Thence South OE17N190 West along said West line 8.08 feet to a point on a non-tangent
curve from which the radial center bears South 7040'37" East 685.00 feet;
Thence Easterly along the arc of said curve concave to the South 103.74 feet;
Thence South 88E59N58O East 573.39 feet;
Thence South 1 EOONO2O West 15.00 feet;
Thence South 88E59N58O East 200.00 feet;
Thence North 1 EOONO2O East 15.00 feet;
Thence South 88E59N58O East 1371.50 feet;
Thence South 86E40N34O East 274.66 feet;
Thence North 22E26N37O West 4.72 feet;
Thence North 35E11 NO2O West 4.79 feet to the POINT OF BEGINNING. Containing
20,410 square feet (0.47 acres) more or less.
EXHIBIT
SAPUBLIMLAWBRUBAKER\PSEveg8.doe