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HomeMy WebLinkAboutAD04-048 - Other - Kent Station, LLC - Recorded Replacement Parking Facility Agreement - 06/29/2004 Recording requested by and after recording return to: City of Kent 220 Fourth Avenue Kent,Washington 98030 20040629001159 Attn: City Attorney CHICAGO TITLE AG 32.00 POGE003 OF 034 KING�COUNTV33wp2 Pl-rr 14,(fA111-. far REPLACEMENT PARKING FACILITY AGREEMENT GRANTOR: KENT STATION LLC, a Washington limited liability company GRANTEE: CITY OF KENT, a Washington municipal corporation MD. CY C[112AGO TITLE INSUjRi;°.CE CO. Legal Description: REF#- ) 13 7 2- ' to P Abbreviated form: Portions of the northwest quarter of the northeast quarter of Section 24-22-4; Together with portion of vacated street adjoining. Additional legal on Exhibits A and B attached hereto and by this reference incorporated herein(M 9 -13) Assessor's Tax Parcel ID No(s).: 242204-9126-02; 242204-9144-00; 242204-9127-01; 242204-9010-01 This REPLACEMENT PARKING FACILITY AGREEMENT (the "Agreement") is entered into this day of June, 2004 by and between CITY OF KENT, a Washington municipal corporation ("City") and KENT STATION LLC, a Washington limited liability company("Developer")with reference to the following facts: RECITALS A. City is the fee owner of certain real property more particularly described in Exhibit A attached hereto and by this reference incorporated herein(the"Property"). B. City has entered into that certain Interlocal Operation and Maintenance Agreement dated June 18, 2003, as it may be amended from time to time (the "Sound Transit Garage Use Agreement") with Central Puget Sound Regional Transit Authority ("Sound Transit") regarding the use of a parking structure with 871 parking stalls together with surrounding improvements located in Kent next to the Kent Station Commuter Rail Station and the Property (the "Sound Transit Garage"). A true and correct copy of the Sound Transit Garage Use Agreement is on file in the offices of the Clerk of the City. C. City and Developer have entered into that certain Real Estate Purchase and Sale Agreement dated as of January 20, 2004, as amended (the "Purchase Agreement") whereby City agreed, on the terms and conditions therein set forth, to sell, and Developer agreed to purchase, the Property. D. Pursuant to the provisions of Section 4 of the Sound Transit Garage Use Agreement, members of the public may use the parking spaces in the Sound Transit Garage, subject to the exceptions, limitations and reservations set forth in the Sound Transit Garage Use Agreement. In the event that Sound Transit commences charging non-transit riders for parking in the Sound Transit Garage after 12:00 noon at any time within 40 years from June 29, 2004, the closing date for the Initial Takedown Parcel as defined in the Purchase Agreement, Developer requested, and City agreed, on the terms and conditions set forth in Section 17.14 of the Purchase Agreement and in this Agreement, to provide at City's election either a voucher system or a replacement parking facility, and in the event City elects to construct a replacement parking facility, Developer agreed to provide land, free of charge, to the City. NOW, THEREFORE, pursuant to the terms of Section 17.14 of the Purchase Agreement and as part of the consideration for the execution of the Purchase Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Recitals Incorporated, Definitions. Each recital and definition set forth above is incorporated into this Agreement as though fully set forth herein. Any capitalized term not otherwise defined herein shall have the same meaning as set forth in the Purchase Agreement. 2. Sound Transit Parking Fees. If Sound Transit commences charging non- transit riders for parking after 12:00 noon in the Sound Transit Garage at any time within 40 years from June 29, 2004, the Initial Takedown Parcel closing date, the City will provide a voucher system to allow cinema patrons up to three and one-half hours of free parking in the Sound Transit Garage. In the alterative, and at the City's sole option, the City may provide an equal number of public parking spaces, not to exceed 680 spaces, within the boundaries of the PAO south of James Street and north of Smith Street(the "Replacement Parking Facility" or "RPF'), which will also allow cinema patrons up to three and one-half hours of free parking. Under this circumstance, City will provide a voucher system until such time as the Replacement Parking Facility is open. 2 K 12009M00050R&DRS_A22PD 3. Replacement Parking Facility. If City elects to construct a Replacement Parking Facility, Developer will provide City developable land in an amount sufficient to construct the Replacement Parking Facility in the location, of the size, and in the configuration designated by example on Exhibit B, which is attached hereto and by this reference incorporated herein ("RFP Land"). The design and final location and configuration of the Replacement Parking Facility shall be mutually determined by Developer and City, both exercising good faith and reasonableness, and otherwise subject to applicable laws, rules and ordinances. Developer will provide City fee title to the RPF Land free of charge by Statutory Warranty Deed, free and clear of all liens and encumbrances (other than real property taxes and assessments not yet due and payable), and will further indemnify the City from or take the necessary steps to insure that any Hazardous Substances, wastes and contaminants, placed in, on, about, within or under the Property or any subsurface strata or groundwater occurring on the RPF Land after the date Developer purchased it from City shall be removed or remediated to the extent necessary to facilitate the construction of the Replacement Parking Facility. In addition, Developer will provide City with all access, utility, and temporary construction easements required by City to construct and provide the Replacement Parking Facility. If the RPF Land contains existing surface parking stalls, City will also provide an equal number of parking spaces to replace those existing surface parking stalls (the "Replacement Stalls") until such time as the Replacement Parking Facility is open. City will provide Replacement Stalls either (a) at a location on the Property (if it is undeveloped) reasonably acceptable to Developer, or (b) elsewhere within or adjacent to the boundaries of the PAO. If Developer does not transfer the RPF Land and easements to the City within ninety (90) days of the date that Sound Transit commences charging non-transit riders for parking after 12:00 noon in the Sound Transit Garage, then the City's obligations under Section 17.14 of the Purchase Agreement and this Agreement will automatically terminate and be of no further force or effect. 4. Termination of Voucher System. In addition to the City's rights to terminate its obligations under Section 17.14 of the Purchase Agreement and this Agreement pursuant to Section 3 of this Agreement, City's responsibility to provide a voucher system or the Replacement Parking Facility shall automatically terminate upon the earlier of: (a) the termination of the cinema tenant lease in accordance with its terms, whether upon expiration of the term thereof, as a result of a default thereunder by tenant or otherwise, unless Developer leases the cinema to another cinema operator within 365 days from the termination of the earlier cinema lease; or (b) the cinema tenant ceases to operate at least a 2000 seat multiplex theatre on the Initial Takedown Parcel or is not open for business as at least a 2000 seat multiplex theatre for a period of more than 365 days (other than by reasons of Force Maj eure). 5. Payment of O&M Costs for Replacement Parking Facility. If the City provides alternate parking pursuant to this Agreement, then in such event, Developer's obligation to pay for the operation and maintenance costs of the Sound Transit Garage shall cease, and the Developer shall be responsible for paying all of the operation and maintenance costs of the Replacement Parking Facility ("O&M Costs"). O&M Costs shall include all costs actually incurred by City in the operation, maintenance and repair of the Replacement 3 K M093%000MDRSIDRS_A22PQ Parking Facility, and shall include the types of costs (both actual and variable) described in the Sound Transit Garage Use Agreement. In addition O&M Costs shall include assessments, if any, that may be levied against the RPF Land under the CC&Rs. Developer understands and agrees that the O&M Costs will be based on City's total cost to operate and maintain the Replacement Parking Facility for use by the general public, and includes both actual fixed and variable costs incurred by City in the operation and maintenance of the Replacement Parking Facility. City shall bill Developer the amount of O&M Costs quarterly for the amount of accrued O&M Costs. Developer further understands and agrees that O&M Costs invoices may be estimates based upon actual costs incurred during the previous year and if estimated will be adjusted by City annually in the fourth quarter of each year to reflect actual costs incurred during that calendar year. Accordingly the amount of O&M Costs payable during any calendar year may fluctuate. Developer shall pay City the O&M Costs within fifteen(15) days following receipt of the City's invoice(s). 6. Delinquent O&M Costs. Developer understands and agrees that its agreement to pay City O&M Costs as hereinabove set forth is a material part of the consideration for the sale of the Property to Developer and City would not have entered into the Purchase Agreement with Developer or the Sound Transit Garage Agreement or executed this Agreement but for the agreement by Developer on behalf of itself and its successors and assigns in the Purchase Agreement to pay O&M Costs on the Replacement Parking Facility if the City elects to construct the Replacement Parking Facility and City has relied upon the Developer's covenants in the Purchase Agreement and this Agreement in entering into the Purchase Agreement and this Agreement. If Developer fails to timely pay all or part of the O&M Costs, Developer shall pay interest on all unpaid amounts at the rate of one percent (1%)per month or twelve percent (12%)per annum. In the event of any claim or suit arising out of or connection with or in any way related to Developer's obligation to pay O&M Costs or late payment costs under this provision, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, as well as costs and reasonable attorneys fees if it prevails on appeal or in the enforcement of a judgment. 7. Covenants Running with Land. This Agreement, and the various rights, duties and obligations of City and Developer hereunder constitute covenants running with the land and shall inure to the benefit of and be binding upon City, Developer and their respective legal representatives, successors and assigns and all persons claiming under or through them, including all future owners of all or any portion of or interest in the Property (collectively, "Owners"). If there is more than one Owner of the Property at the time O&M Costs are payable, then the obligations of the Owners to pay O&M Costs shall be joint and several. 8. Notices. Wherever in this Agreement notice is required to be given, such notice shall be in writing, addressed to the person entitled to such notice, and shall be sent by either (i) personal service, (ii) recognized overnight express service which customarily maintains a contemporaneous permanent delivery record, or (iii) fax transmission, to the fax number of such person as set forth in this Agreement, or such other fax number as is designated in writing from time to time. The notice shall be deemed delivered on the earlier of(1) the date of actual delivery by personal service, (ii) the delivery date as shown in the 4 KA200931000051DRSlDRS A22PQ regular business records of the overnight courier service, or (iii) the date of actual receipt by the recipient, as the case may be. If to City: CITY OF KENT 220 Fourth Avenue Kent,WA 98030 Attn: City Clerk Fax: (253) 856-6725 With a copy to: CITY OF KENT 220 Fourth Avenue Kent,WA 98030 Attn: City Attorney Fax: (253) 856-6770 If to Developer: KENT STATION LLC c/o Tarragon L.L.C. Attn: Joseph D. Blattner 1000 Second Avenue, Suite 3200 Seattle, WA 98104 Fax: (206)233-0260 With a copy to: Jameson Babbitt Stites &Lombard,PLLC 999 Third Ave., Suite 1900 Seattle,WA 98104 Attn: Anne DeVoe Lawler Fax: (206)292-1995 9. Miscellaneous. (a) Captions. The captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement,nor the intent of any of the provisions hereof. (b) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, and the parties agree that venue shall he exclusively in King County Superior Court. The parties hereto consent to the jurisdiction of the King County Superior Court and waive the right to file suit elsewhere. (c) Entire Agreement. The Purchase Agreement, the Sound Transit Garage Use Agreement and this Agreement and the exhibits hereto constitute the entire agreement between the parties with respect to the transactions contemplated herein or therein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written are merged into this Agreement. 5 K\200931000051DR&DR5_A22PQ i (d) Modifications: Waivers. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except as expressly provided herein or by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought. No failure by City or Developer to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. No waiver shall affect or alter this Agreement and each and every covenant, agreement, tern and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. (e) Further Assurances. The parties shall execute and deliver such further instruments and documents and take such other further actions as may be reasonably necessary to cant'out the intent of this Agreement. (f) Termination of Agreement. The City's obligations under this Agreement shall terminate upon the occurrence of the conditions set forth in Section 3 and 4 of this Agreement. Upon termination of the City's obligations under this Agreement, the parties shall execute a termination of this Agreement in recordable form, which either party may thereafter record in the real property records of King County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. "City" APPROVED AS TO FORM CITY OF KENT,a Washington municipal CITY ATTORNEY II nn corporation By Tom Brubaker By Nam JIM v* Titl MAyorz "Developer" KENT STATION LLC, a Washington limited liability company By Tarragon L.L.C., a Washington limited liability company, its manager � J h D. Blattner Mana er g 6 K 1200931000051DR&DRS_A22P0 l • STATE OF WASHINGTON ) ss: COUNTY OF KING ) I certify that I ]mow or have satisfactory evidence that is the p rson who appeared before me, and said person acknowledged tha a signed this instrument,on oath skttej, that hhe as authorized to execute the instrument and acknowledged it as the of the City of Kent, a Washington municipal corporation, to be the free and voluntary a of s arty for the uses and purposes mentioned in the instrument. Dated: Q. A'4ti Notary Public arm e%k r �� , Pnnt Name OTA �' My commission expires /. —/ 9 —O Sl +� o A Ry , In y •fir � (Use this space for notanal slarnp/seal) 7 K 120093100005DRSORS_A22PQ STATE OF WASHINGTON ) )ss: COUNTY OF KING } I certify that I ]mow or have satisfactory evidence that Joseph D. Blattner is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as manager of Tarragon L L C., a Washington limited liability company, manager of Kent Station LLC, a Washington limited liability company to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. Dated: -oC �tiO �pp1 D.�5�`��11 Notary Pubh -, ✓ S s L� 1t Print Nam S SIONF+A My commission expires 1 o 140TAl?y m. U fn P0BLIG — 1�i��WASN�N;— (Use this space for Wotan]stamp/seal) 8 K\2009310000510RS\DRS_A22PD R Exhibit A Legal Description of Property 1077288 KENT STATION LEGAL DESCRIPTION PARCELI: THAT PORTION OF PARCEL"A" DESCRIBED IN DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 20010209000549; AND TRACT "X" DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER RECORDING NO. 20010209000550; AND OF PARCELS "A", "B", "C", "D", AND "E" DESCRIBED IN DEED FROM LEO G. BRUTSCHE AND NORMA J. BRUTSCHE TO THE CITY OF KENT UNDER KING COUNTY RECORDING NUMBER 9905042556; AND OF TEMPERANCE STREET RIGHT OF WAY IN THE PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT, AS RECORDED IN VOLUME 16 OF PLATS, PAGE 89,RECORDS OF KING COUNTY, WASHINGTON;BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH,RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH,RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON; THENCE NORTH 88°36'27" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO A LINE PARALLEL WITH AND DISTANCE 30 FEET WEST OF,AS MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE OF FIRST AVENUE NORTH; THENCE SOUTH 01°38'30" WEST ALONG SAID WEST LINE A DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT "X"AS DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 20010209000550; THENCE CONTINUING SOUTH 01038'30" WEST ALONG SAID WEST LINE A DISTANCE OF 133.06 FEET TO THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT,AS RECORDED IN VOLUME 16 OF PLATS,PAGE 89,RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 88034'10" WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 321.86 FEET TO INTERSECT THE NORTHERLY PROLONGATION OF THE WEST MARGIN OF SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION AND THE POINT OF BEGINNING; THENCE SOUTH 01138'03" WEST ALONG SAID NORTHERLY PROLONGATION AND SAID WEST MARGIN 353.89 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 89047'49" AN ARC DISTANCE OF 31.35 FEET; THENCE NORTH 88°34'10" WEST 9.80 9 K M093=W5ZR5ADRS_A22PQ r S r FEET TO INTERSECT THE ARC OF A CURVE TO THE LEFT IN THE SOUTHERLY LINE OF A 60-FOOT WIDE TRACT OF LAND AS DESCRIBED IN PARCEL"E" OF DEED UNDER KING COUNTY RECORDING NO. 9905042556, FOR A SPUR TRACK OVER BLOCK 1 AND BLOCK 2 SAID PLAT OF RAMSAY'S ADDITION, THE CENTER OF WHICH BEARS SOUTH 59001'48" WEST 353.06 FEET DISTANT; THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE AND CURVE TO THE LEFT HAVING A RADIUS OF 353.06 FEET,THROUGH A CENTRAL ANGLE OF 51009'55" AN ARC DISTANCE OF 315.28 FEET TO THE CENTERLINE OF VACATED THIRD AVENUE NORTH, AS VACATED BY CITY OF KENT ORDINANCE NO. 2779, RECORDED UNDER KING COUNTY RECORDING NO. 8807130681; THENCE NORTH 01037'42" EAST ALONG SAID CENTERLINE 60.30 FEET TO INTERSECT THE ARC OF A CURVE TO THE LEFT IN THE NORTHERLY LINE OF SAID 60-FOOT WIDE TRACT, THE CENTER OF WHICH BEARS SOUTH 06057'21" WEST 413.06 FEET; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE AND CURVE TO THE LEFT HAVING A RADIUS OF 413.06 FEET THROUGH A CENTRAL ANGLE 503 F31", AN ARC DISTANCE OF 39.83 FEET TO A POINT OF TANGENCY IN THE SOUTH LINE OF LOT 11,BLOCK 1, SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT; THENCE NORTH 88°34'10" WEST ALONG THE SOUTH LINE OF SAID LOT 11 AND WESTERLY PROLONGATION THEREOF A DISTANCE OF 220.06 FEET TO INTERSECT THE EAST LINE OF THE WEST 29 FEET OF LOT 2, BLOCK 1, SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT; THENCE NORTH 01°3T15" EAST ALONG SAID EAST LINE A DISTANCE OF 25.00 FEET;THENCE NORTH 88034'10" WEST A DISTANCE OF 15.00 FEET TO INTERSECT THE EAST LINE OF THE WEST 14 FEET OF LOT 2,BLOCK 1, SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT; SAID EAST LINE BEING 47 FEET EAST OF,AS MEASURED PERPENDICULAR TO, THE CENTERLINE OF FOURTH AVENUE NORTH;THENCE NORTH 01037'15" EAST ALONG SAID EAST LINE AND NORTHERLY PROLONGATION THEREOF A DISTANCE OF 124.94 FEET TO INTERSECT THE NORTH MARGIN OF TEMPERANCE STREET IN SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT; THENCE NORTH 01037'08" PARALLEL WITH THE CENTERLINE OF FOURTH AVENUE NORTH A DISTANCE OF 303.04 FEET; THENCE NORTH 46"37'26" EAST 25.36 FEET; THENCE SOUTH 88022'52" EAST 278.79 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 267.00 FEET; THROUGH A CENTRAL ANGLE OF 90000'55",AN ARC DISTANCE OF 419.47 FEET TO A POINT OF TANGENCY IN THE NORTHERLY PROLONGATION OF THE WEST MARGIN OF SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT; SAID POINT BEING 52.04 FEET NORTH OF THE POINT OF BEGINNING AS MEASURED ALONG THE NORTHERLY PROLONGATION OF SAID WEST MARGIN; THENCE SOUTH 01038'03" WEST ALONG THE NORTHERLY PROLONGATION OF SAID WEST MARGIN A DISTANCE OF 52.04 FEET TO THE POINT OF BEGINNING. PARCEL2: 10 K120093=W51DRS\DRS_A22PQ THAT PORTION OF PARCEL "A", "B", AND "C", DESCRIBED IN DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 20010209000549; AND TRACT "X" DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER RECORDING NO. 20010209000550; BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH,RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON; THENCE NORTH 88°36'27" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO A LINE PARALLEL WITH AND DISTANCE 30 FEET WEST OF,AS MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE OF FIRST AVENUE NORTH; THENCE SOUTH 01°38'30" WEST ALONG SAID WEST LINE AND EAST LINE OF SAID PARCELS "A", "B",AND "C" A DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT "X" AND A POINT ON THE ARC OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 42048'33" WEST 265.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 265.44 FEET, THROUGH A CENTRAL ANGLE OF 04039'28", AN ARC DISTANCE OF 21.58 FEET TO A LINE PARALLEL WITH AND DISTANT 16 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE NORTH AND THE POINT OF BEGINNING; THENCE SOUTH 01 038'30" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 78.23 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 8904720" AN ARC DISTANCE OF 31.34 FEET TO A POINT OF TANGENCY IN A LINE PARALLEL WITH AND 20.50 FEET NORTH OF,AS MEASURED PERPENDICULAR TO,THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT, AS RECORDED IN VOLUME 16 OF PLATS, PAGE 89, IN KING COUNTY, WASHINGTON; THENCE NORTH 88'34'10" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 201.87 FEET TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 18.00 FEET,THROUGH A CENTRAL ANGLE OF 90012'13" AN ARC DISTANCE OF 28.34 FEET TO A POINT OF TANGENCY, SAID POINT BEING 38.56 FEET NORTH OF THE NORTH MARGIN OF TEMPERANCE STREET AS MEASURED ALONG THE NORTHERLY PROLONGATION OF THE EAST MARGIN OF SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT;THENCE NORTH 01038'03" EAST ALONG SAID NORTHERLY PROLONGATION A DISTANCE OF 13.25 FEET TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 333.00, THROUGH A CENTRAL ANGLE OF 90000155" AN ARC DISTANCE OF 523.16 FEET;THENCE NORTH 88022'52" WEST 280.62 FEET; THENCE NORTH 44°08'44" WEST 25.19 FEET; THENCE NORTH 00005'23" EAST 163.78 FEET; THENCE NORTH 06056'26" EAST 89.62 FEET TO INTERSECT A LINE PARALLEL WITH AND 9.00 11 K\20090=W5\DR&DRS A22PQ FEET EAST OF EAST LINE OF FOURTH AVENUE NORTH AS APPROPRIATED BY CITY OF KENT UNDER SUPERIOR COURT CAUSE NO. 706251; THENCE NORTH 01"3708" EAST ALONG SAID EAST LINE A DISTANCE OF 97.51 FEET;THENCE SOUTH 88022'52" EAST 15.00 FEET; THENCE NORTH 01°37'08" EAST 25.00 FEET; THENCE NORTH 88022'52" WEST 15.00 FEET; THENCE NORTH 01'37'08" EAST 31.08 FEET;THENCE NORTH 46°30'20" EAST 44.40 FEET TO THE SOUTH LINE OF THE NORTH 52.50 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 24; THENCE SOUTH 88°36'27" EAST ALONG SAID SOUTH LINE A DISTANCE OF 820.00 FEET;THENCE SOUTH 34°49'00" EAST 27.89 FEET TO INTERSECT A LINE PARALLEL WITH AND 16 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE NORTH AND EAST LINE OF SAID PARCELS "A", "B",AND "C"; THENCE SOUTH 01'38'30" WEST ALONG SAID EAST LINE 30.00 FEET; THENCE NORTH 88°21'30" WEST 10.00 FEET; THENCE SOUTH 01'38'30" WEST 10.00 FEET; THENCE SOUTH 88"21'30" EAST 10.00 FEET TO THE EAST LINE OF SAID PARCELS "A", "B", AND "C"; THENCE SOUTH 01038'30" WEST ALONG SAID EAST LINE A DISTANCE OF 661.85 FEET TO THE TO THE POINT OF BEGINNING. (PARCELS I AND 2 ABOVE ARE NOW KNOWN AS LOTS 1 THROUGH 9, INCLUSIVE, OF CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2004-16, RECORDED UNDER RECORDING NUMBER 20040625900004,RECORDS OF KING COUNTY,WASHINGTON.) 12 K%20 0 9310 0 0 0 50RS%DRS A22PQ • w'I . a. Exhibit B Legal description and MaR of Replacement Parking Facility Land Lots 1 though 9, inclusive,of City of Kent Boundary Line Adjustment No. LL-2004-16, recorded under Recording Number 20040625900004,records of King County Washington. 13 KVOD93WODD5WRSXDRS_A22PD I aphr •� ur I RRTAIL j I •IA I41.1K fi I, I I I i t fVtL) { �YRCC I — fTAL ����111 (LOeOT I RlTAllf I !fe I 1.3K 34 L lorrlcful I 'RlTAIL HS 1 I --i'cRce I' 1 I j4 4c.LuI;Sl —.16.SK Sr1 L I- 1 I . 1 --------------------- I 1 f!STALLS II I L-L..I EXHIBIT "B"