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HomeMy WebLinkAboutAD04-065 - Other - Addendum #7 - Yarrow Bay Development, LLC - Reservoir Impoundment Property - 04/01/2005 w 1 S S A S �w ADDENDUM SEVEN TO THE REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN YARROW BAY DEVELOPMENT, LLC. AND THE CITY OF KENT Yarrow Bay Development, LLC ("Buyer"), and the City of Kent ("Seller"), hereby enter into this Addendum Seven to the Real Estate Purchase and Sale Agreement signed on October 8, 2003, as amended by Addendum One signed on December 18, 2003, Addendum Two signed on February 13, 2004, Addendum Three signed on March 1, 2004, Addendum Four signed on March 8, 2004, Addendum Five signed on April 13, 2004, and Addendum Six signed on May 6, 2004 (collectively the "Agreement'): 1. The legal description for Parcels A, C and F of the property are hereby amended and attached as Exhibit 1 hereto and incorporated herein. 2. In fulfillment of the terms of Section 4.(d) of the Agreement, the following have been agreed to by the parties: (a) Section 4.(d)(i)(A) of the Agreement requires the parties to agree on the legal description of a utility easement to be reserved to Seller to accommodate the Seller's utilities beginning at the southwest boundary of the City of Tacoma Easement which is within Bonneville Power Administration (BPA) easement on the Property and extending north along the western boundary of the Property, all as more particularly described in the Agreement (the "Waterline Easement"). The legal description for the Waterline Easement is attached as Exhibit 2 and incorporated herein. The terms of the Waterline Easement are described in Section A of the Easement Agreement attached hereto as Exhibit 6. (b) Section 4.(d)(i)(B) of the Agreement requires the parties to agree on the legal description of an area to accommodate Seller's utilities along the northern boundary of the property for approximately forty (40) feet in width (the "40 Foot Access and Utility Easement"). The legal description for the 40 Foot Access and Utility Easement is attached as Exhibit 3 and incorporated herein. The terms of the 40 Foot Access and Utility Easement are described in Section B of the Easement Agreement attached hereto as Exhibit 6. (c) Section 4.(d)(i)(C) of the Agreement requires the parties to agree on the legal description of an area within the existing Bonneville Power Administration easement that will allow the Seller to connect to the City of Tacoma water pipeline lying within the BPA easement and to construct an extension of the water pipeline all as described in the Agreement(the"Access and Utility Easement for Tacoma Waterline Connector"). The legal description for the Access and Utility Easement for Tacoma Waterline Connector is attached as Exhibit 4 and incorporated herein. The terms of the Access and Utility Easement for Tacoma Waterline Connector are described in Section C of the Easement Agreement attached hereto as Exhibit 6. ADDENDUM SEVEN TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN KENT 160 LLC.AND THE CITY OF KENT (March 31,2005) Page 1 of 3 . y (d) Section 4.(d)(i)(D) of the Agreement provides for a Wetland and Buffer Creation and Enhancement Easement. Seller had intended to use this Easement area to mitigate for impacts caused by the construction of utilities within the area described in Section 4.(d)(i)(A). Seller will delete the Wetland and Buffer Creation Enhancement Easement and Buyer will provide for the necessary wetland and buffer mitigation required as a result of the Seller's construction of utilities within the Exhibit 2 Easement area. Seller's construction may include permanent loss of wetlands and/or buffers due to Seller's need to have permanent access over the utility line for operation, repair and maintenance, including, without limitation, vehicular and equipment access to the extent required, shall include design, construction, permitting, maintenance and monitoring, and shall be provided at Buyer's sole expense. Specifically, and without limiting the foregoing, Buyer will coordinate with the Seller to complete and submit a conceptual mitigation plan for the Seller's utility construction by May 2, 2005, and will submit a final mitigation plan by June 15, 2005. The terms of this provision shall survive the expiration of this Agreement. (e) The Conceptual Mitigation Plan referenced in Section 4.(d)(i)(D) is not needed. No such Plan or area shall be created or reserved. 3. The one hundred sixty feet by one hundred sixty feet (160' x 160') area referenced in Section 4.(d)(ii) of the Agreement is legally described on attached Exhibit 5 which is incorporated herein (the "Water System Area"). Seller will convey fee title to the Water System Area to Buyer, subject to Buyer's agreement to immediately grant to Seller an easement over the Water System Area (the "Water System Easement"). The terms of the Water System Easement are described in Section D of the Easement Agreement attached hereto as Exhibit 6. 4. Buyer acknowledges the existence of a dilapidated building to the east of tax parcel number 786700 005006, which property is commonly known as the LaGesse property (the "Building") and a twelve foot by eight foot (12'x8') concrete slab located near the north boundary of the LaGesse Property (the "Slab"). Buyer further acknowledges that the LaGesse fence meanders across the north boundary of the LaGesse Property (the "Fence"). The Building, the Slab, and the Fence are hereinafter collectively called the "LaGesse Encroachment." Buyer expressly agrees that notwithstanding the Permitted Exceptions to the Deed, Buyer takes title to the Property subject to the LaGesse Encroachment and hereby waives any claim against Seller relating to the LaGesse Encroachment. The terms, conditions, and provisions of this Section shall not be deemed merged into the Deed, and shall survive the Closing and continue in full force and effect. 5. Buyer wishes to assign all its right, title and interest in the Agreement as herein amended to Kent 160 LLC ("Kent 160"). Subject to receipt of Seller's consent, Yarrow Bay Development LLC hereby assigns all its right, title and interest in the Agreement as amended to Kent 160 and Kent 160 hereby assumes same. ADDENDUM SEVEN TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN KENT 160 LLC.AND THE CITY OF KENT (March 31,2005) Page 2 of 3 6. Seller hereby consents to the assignment of this Agreement as amended to Kent 160. Kent 160 shall hereinafter be referred to as 'Buyer" under the Agreement. 7. Except as modified by this Addendum Seven, all the terms and conditions of the Agreement will remain in full force and effect. 8. Facsimile signatures on this Addendum Seven shall be considered originals. This Addendum Seven will take effect on the last date entered below. SELLER: BUYER: CITV OF KENT KENT 160 LLC By: By: BRNW Inc., its member J' - �e, Mayor Dated; L) By: Brian Ross, President Dated: APPROVED AS TOE FORM: By. � � & j�/Vk�,U" YARROW BAY DEVELOPMENT LLC Kent City Attorney By: BRNW, Inc., its member Dated: 1 10 By: Brian Ross,President Dated: List of Exhibits • 1:Legal Description of parcels A,C and F(from Current title report) • 2: Legal Description for the Waterline Easement • 3: Legal Description of the 40 Foot Access and Utility Easement • 4: Legal Description of the Access and Utility Easement for Tacoma Waterline • Connector • 5: Legal Description of the Water System Easement • 6: Form of the Easement Agreement ADDENDUM SEVEN TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN KENT 160 LLC.AND THE CITY OF KENT (March 31,2005) Page 3 of 3 6. Seller hereby consents to the assignment of this Agreement as amended to Kent 160. Kent 160 shall hereinafter be referred to as 'Buyer" under the Agreement. 7. Except as modified by this Addendum Seven, all the terms and conditions of the Agreement will remain in full force and effect. 8. Facsimile signatures on this Addendum Seven shall be considered originals. This Addendum Seven will take effect on the last date entered below. SELLER: BUYER: CITY OF KENT KENT 160 LLC By: By: BRN Inc., its member Jim White,Mayor "LA Dated: By: Brian Rass�PrQ ident Dated: APPROVED AS TO FORM: YARROW BAY DEVELOPMENT LLC By: Kent City Attorney By: BRNW, Inc., its member Dated: By: Brian�oss,President Dated: ' i 'CS List of Exhibits • 1: Legal Description of parcels A, C and F(from Current title report) • 2: Legal Description for the Waterline Easement • 3: Legal Description of the 40 Foot Access and Utility Easement • 4: Legal Description of the Access and Utility Easement for Tacoma Waterline • Connector • 5: Legal Description of the Water System Easement • 6: Form of the Easement Agreement ADDENDUM SEVEN TO REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN KENT 160 LLC.AND THE CITY OF KENT (March 31,2005) Page 3 of 3 PARCEL A �xrnr��r The south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W M., in King County, washington; EXCEPT the east 394 feet of the north half of said south half of the southeast quarter; ALSO EXCEPT tl:at portion thereof lying within the right of way of 1.24" Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The northeast quarter of the southwest quarter of section 4, Township 21 North, Range 5 East, W M , in Xing County, Washington, EXCEPT that portion thereof lying uathrn the right of way of 324`" Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The north 3 acres of Tract 9, The sound Trustee Company's Third Addition, according to the plat thereof recorded in volume 13 of Plats, page 100. in Bring County, Washington Except any portion of the above described,parcel which falls within lots 7 and B of the plat of The Sound Trustee Company's Third Addition, according to the plat thereof, recorded in volume 23 of , plats, page 100 records of King County, Washington PARCEL JD- Tract 9; EXCEPT the north 3 acres, and Tract 20, EXCEPT the south 120 feet thereof, all in The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in king County, Wasbington. PARCEL C The southeast quarter of the southwest quarter of Section 4, Township 21 Nortb, Range 5 East, W_M , in Xing County, Washington; EXCEPT that portion thereof lying within the right of way of 324Cb Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7412040248, ALSO EXCEPT that portion thereof lying wrtbin the right of way of Southeast 304`° Street; ALSO EXCEPT that portion thereof conveyed to Xing County for road purposes by deed recorded under Recording Number 6027009, ALSO EXCEPT that portion thereof described as follows. Beginning at the intersection of the west line of said subdivision and the northerly margin of Southeast 304C0 Street, Thence north O1"18'56• east, along the west line thereof, a distance of 700.00 feet, Thence south 75•38-01' east a distance of 472 02 feet, Thence south 23076116" east a distance of 664 25 feet to the northerly margin of said Southeast 304`h Street; Thence north 87'52-16' west, along said northerly margin, a distance of 750 00 feet to the point of beginning And Except that portion lyina within Crystal Meadows according to the plat thereof, recorded in volume 294 of plats, pages 66 and 67, In the County of King County, Washington PARCEL D: Lot 3 of King County Short Plat Number 730034, recorded under Recording Number 9301150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W-M , in King County, Washington; EXCEPT that portion of said north half lying within the right of way Of 2240' Avenue Southeast, the westerly margin of whacb was established by deed recorded under Recording Number 7409040402 PARCEL E- Lot 2 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, 7bwnship 21 North, Range 5 East, W-M , an King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124`h Avenue SOUtbeaSt, the westerly margin of which was established by deed recorded under Recording Number 74D9040402 PARCEL F- Lot 4 of Ring County Short Plat Number 780010, recorded under Recording Number B101150661, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East. W M.. in King County, Washington, EXCEPT that portion of said north half lying within the right of way of 124`h Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. And Accept that portion of that certain Short Plat No- 2278076 recorded under recording n!p9bar 7912210815 and all that portion of S.E. 292" ST lying west-of the northers extensicn of the east line of said Short Plat. PARCEL G- Government Lot 3, Section a, Township 21 North, Range 5 East, W M , in King County, Washington; PYCEPT that portion thereof lying within the right of way of 124`h Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040401; A-SO EXCEPT therefrom the following described tract � Je w� seginning at the northeast corner of the above described property, being the TRUE POINT OF BEGINNING of the exception herein described, Thence west, along the north line of said Lot 3, a distance of 25S 00 feet; Thence south, parallel with the east line of said Lot 3, a distance of 272 00 feet; Thence east, parallel with the north line of said Lot 3, a distance of 100 0 feet; Thence south, parallel with the east line of said Lot 3, a distance of 134 00 feet; Thence east, parallel with the north line of said Lot 3, a distance of 155 0D feet; Thence north, parallel with and 30 00 feet from the east line of saad Lot 3, a distance of 3H7.OD feet to the TRUE POINT OF BEGINNING- PARCEL R- Lot 1 of King County Short Plat Number 780014, recorded under Recording Number 8101150661, being a portion of the north half of the southeast quartcr of the northwest quarter of Section 4, Township 21 North, Range 5 East, N.M., in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124n' Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL I: That portion of the south half of Tract 13, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in Xing County, Washington, lying easterly of the following described lane: Beginning at the southeast corner of said tract; Thence north, along the east line thereof, a distance of 50-00 feet to the TRUE POINT OF BEGINNING of the lane herein described, Thence in a northwesterly direction in a straight line to a point oa the north lane of the south half of said tract, which point lies 135 00 feet west of the east lane of said tract, being the terminus of the lane herein described_ PARCEL J- The east 194 feet of the north half of the south half of the southeast quartcr of the northwest quarter of Section 4, Township 21 North, Range S East, W.M., an Ring County, Washington; EXCEPT that portion thereof lying within the right of way of 124y Avenue Southeast, the westerly margin of which was established by deeds recorded under Recording Number 1412300186 and 7412300387 PARCEL K. That portion of the north half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 23 of Plats, page IDO, in King County, Washington, lying easterly of the following described lane 3 Wj Beginning at the southeast corner of said north half; Thence west, along the south linc of said north half, a distance of 135.00 feet to the TRUE POINT OF BEGINNING of the line herein described, Thence in a northwesterly direction in a straight line to a point on the north line of said tract, which point lies 313 36 feet west of the northeast corner of said tract and is the terminus of the line herein described. PARCEL L The east half of the south 12o feet of Tract 30, Sound Trustee Company's Third Addition, according to the plat thereof recorded in volume 13 of Plats, page 100, in Ring County, Washington END OF SCHEDULE A Pt'.Se V l NORTH LINE SEC 4, TOP 21 N.. RGE 5 E, IN .32 0 el 4 160�I Ijl II N .I III SCALE: 1" = 300' III o ISO 300 Goo e I N I I� 5' IIII I I 3000' WATERLINE EASEMENT I III III III III 4 37 II \\ POB EXHIBIT DISCLAIMER MIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE MTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE LEGAL DESCRIPTION SHALL PREVAIL oil H WATERLINE EASEMENT mN ® EXHIBIT . N ` a- w YARROW BAY `m VFRDANA ffi oa $ iu �mn KING cowry,, WASMMTON VERDANA " "T^" 2! P 2' TRIAD JOB NO 03-094 WATER EASEMENT LEGAL DESCRIPTION MARCH 31,2005 THAT PORTION OF EAST HALF OF THE WEST HALF OF SECTION 4,TOWNSHIP 21 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH,BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 4,WHICH POINT LIES SOUTH DI*44'45"WEST OF THE NORTHWEST CORNER OF SAID SECTION, THENCE SOUTH 83001'45"EAST 1361.80 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 01 053'09"EAST 193 01 FEET; THENCE NORTH 46053VV EAST 115.26 FEET, THENCE NORTH 01053V9 "EAST 2035.78 FEET TO A LINE 160.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION, AND THE TERMINUS OF THIS CENTERLINE. THE SOUTHERN BOUNDARY OF SAID CENTERLINE TO BE EXTENDED OR SHORTENED TO MEET THE NORTHERLY BOUNDARY OF THE EXISTING BPA POW ERLINE EASEMENT THE SIDE LINES OF TRACTS TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS. WRITTEN:MTSE CHECKED.REW �b was@y'LY • Z: aTc . OA'AL[ANC� OS Lunn 14E.4w TRIAD I S II I IS"'SA21 8 48 800 4A.Washington FM 4 5021 9623 3481 125821 511E 800485.0756 FM 125 S2t 3451 ASSOCIATES '�"�`"isiacimmmr, i+iKrr--� Vic( § / m \ �— . � § q | ! % z 2 777 m �#&Q $ K ( AMA / E 'so' `R$k ( {ym £ ( / k�\ @ � % - k �CIO 2 \ | Q -__ 3 ; � ek � (�) am | 0 g= .. 124 ACESAD �Ur , ' . , EASEMENT EXHIBIT L �w . YARROW BAY V£RDANA # ; _Comm ___ VERDANA TRIAD JOB NO.03094 ACCESS AND UTILITY LEGAL DESCRIPTION MARCH 28,2005 THAT PORTION OF OF GOVERNMENT LOT 3 OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION, THENCE NORTH 88'58'11"WEST,ALONG THE NORTH LINE OF SAID SECTION, 285 00 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 01"38'46"WEST 40 FEET; THENCE NORTH 88'5V11"WEST,ALONG A LINE 40 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE,870.68 FEET,TO A POINT 160 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID GOVERNMENT LOT 3, THENCE NORTH 01'41'41"EAST,PARRALEL TO LAST SAID WEST LINE,40 DO FEET,TO A POINT ON SAID NORTH LINE, THENCE SOUTH 88'58'11"EAST,ALONG SAID NORTH LINE.870 64 FEET TO THE TRUE POINT OF BEGINNING. WRITTEN.MTSE CHECKED:REW �C$T... �:of w '..�s q iST L 1pN0 E7fFliG4 1W5� Aigw45OZI 0400756F582134812 8Ms 8004810T56 Fait g2582t3981,wnvma0ustx[om EXHIBIT 4 ACCESS AND UTILITY EASMENT FOR TACOMA WATERLINE THE WEST 100.00 FEET OF THE EAST 130.00 FEET OF THE SOUTH 60.00 FEET OF THE NORTH 113.11 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH,RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON «*_ Feb a ms c\Sv¥__\Sdr—,d _w -m 0 / ■ � � — i k § § Gol ; ) » /§\§ N �} ®m 2 ° 50 | � \�{ km! — — — /f; \\\ »2 2o m( 5m zz c G■ FACILITY ! � § ■ . ■ EXHIBIT 2 § ! YARROW BAY . , y£RDANA @g ; §; § KING COUNTY. ___ VERDANA - `) TRIAD JOB NO 03-094 COGEN FACILITY LEGAL DESCRIPTION MARCH 28,2005 THAT PORTION OF OF GOVERNMENT LOT 3 OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS; THE NORTH 160 FEET OF THE WEST 160 FEET OF SAID GOVERNMENT LOT 3. WRITTEN:MTSE CHECKED:REW a. _ a L ulao y� mw=[wow T D 11814Iisa182L 9-8M48 &756 = 5.871623 .348f RS87t.M18.800.4880)56 fat SlS.eZi,)/8t A 8 f O C I A T 8 8 wxv.•viatlaax mIn WREN RECORDED RETURN TO: �� City of Kent Attn: Property Management 220 Fourth Avenue South Kent,WA 98032 Name of Document: EASEMENT AGREEMENT Grantor: Kent 160 LLC, a Washington limited liability company Grantee: City of Kent, Washington Abbreviated Legal Description: Ptns Lots 9-11, Sound Trustee Company's Third Addition, Vol. 13,pg. 100; and SW, NW 04-21-05 Full Legal Description: See attached Exhibits 1 through 5. Assessor's Tax Parcel Number(s): 786700-0046 and 042105-9016 Reference Number of Documents Released or Assigned:N/A EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made as of April 1, 2005 by between the City of Kent, Washington ("Grantee"), and Kent 160 LLC, a Washington limited liability company("Grantor"). Kent 160 LLC, as buyer, and the City of Kent, Washington, as seller, have entered into a Real Estate Purchase and Sale Agreement last dated October 22, 2003, which agreement has been amended (the "PSA"). Under the terms of the PSA, the City of Kent was to convey the Property described on Exhibit 1 hereto (the "Property") to Kent 160 LLC, reserving unto the City of Kent, Washington certain easements, all to be described in the deed. For purposes of simplicity and clarity, the City of Kent and Kent 160 LLC, have instead elected to set forth the easements in this Easement Agreement. For valuable consideration, the receipt of which is hereby acknowledged, the Grantor wishes to grant and convey to Grantee the four (4) easements hereinafter described. 3361\017.03/31105 1- FORM5 KSIMS\YBDwERDANA FKA KENT 160\EASEMENT A. Waterline Easement. 1. Grant of Waterline Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, easement under, over, and through the easement area for the installation, construction, operation, maintenance, and repair of a underground Twenty-Four (24) inch water main within the area described and shown on Exhibit 2 attached hereto and incorporated herein(the "Waterline Easement.") 2. Use and Maintenance of Waterline Easement Parcel. Grantor may use the surface of the Waterline Easement parcel for a private roadway, sidewalks, residential driveway access, and landscaping so long as the landscaping is limited to grass and small shrubs, but specifically excluding trees or large shrubs. Any such private roadway will be constructed in a manner such that the private roadway does not cause a negative break in grade in Grantee's waterline resulting in the need for an air-vac. Grantor agrees that no permanent structures or portable sheds or similar utility or storage buildings shall be permitted over the Waterline Easement. Grantor may only use the subsurface of the Waterline Easement parcel for construction, installation and maintenance of utilities to serve the residential lots along the street above, provided further, that all of Grantors' utility lines shall, with the exception of laterals to connect to the individual lots, be located at least five (5) feet from Grantee's Twenty-Fourth inch water main. Grantee shall promptly restore to their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee in the exercise of Grantee's rights hereunder. Grantor shall not disturb Grantee's 24 inch water main. If Grantor does disturb Grantee's 24 inch water main, Grantor shall immediately notify Grantee and Grantee will promptly restore it to its prior condition. Grantor shall reimburse Grantee for its restoration expenses. B. 40 Foot Access and Utility Easement. 1. Grant of 40 Foot Access and Utility Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, exclusive easement for access over, under and through the easement area and for the installation, construction, operation, maintenance, and repair of underground utilities in the easement area described and shown on Exhibit 3 attached hereto and incorporated herein(the "40 Foot Access and Utility Easement"). 2. Use and Maintenance of 40 Foot Access and Utility Easement Parcel. Grantor may continue to use the 40 Foot Access and Utility Easement parcel for purposes which will not interfere with the exercise of the rights granted to Grantee hereunder, specifically including constructing a road approximately 26 feet wide, and fencing and landscaping, so long as the landscaping is limited to grass and small shrubs, but specifically excluding trees or large shrubs, within the remaining approximately fourteen (14) feet of the easement area. Grantor agrees that no permanent structures or portable sheds or similar utility or storage buildings shall be permitted over the 40 Foot Access and Utility Easement. Grantee shall promptly restore to 3361\017 03/31/05 -2- FORM5 KSIMS1YBDwERDANA FKA KENT 1601EASEMENT their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee in the exercise of Grantee's rights hereunder. C. Access and Utility Easement for Tacoma Waterline Connector. 1. Grant of Access and Utility Easement for Tacoma Waterline Connector. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, non-exclusive easement for the installation, construction, operation, maintenance, and repair of underground utilities within the area described and shown on Exhibit 4 attached hereto and incorporated herein (the "Access and Utility Easement for Tacoma Waterline Connector"). 2. Use and Maintenance of Access and Utility Easement for Tacoma Waterline Connector Parcel. Grantor may continue to use the Access and Utility Easement for Tacoma Waterline Connector parcel for purposes which will not interfere with the exercise of the rights granted to Grantee hereunder, specifically including construction of a road and installation of landscaping over the Access and Utility Easement for Tacoma Waterline Connector so long as the landscaping is limited to grass and small shrubs, but specifically excluding trees or large shrubs. Grantee shall promptly restore to their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee in the exercise of Grantee's rights hereunder. D. Water System Easement. 1. Grant of Water System Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, exclusive easement for the installation, construction, operation, maintenance, and repair of Water System utilities and appurtenances, including, but not limited to, two (2) pressure-reducing valve stations and one (1) hydrogeneration facility within the area legally described on Exhibit 5 attached hereto and incorporated herein by this reference (the "Water System Easement"). The easement granted under this Section D also includes the limited right of ingress to and egress from and across adjacent property of Grantor, but only to the extent necessary to install, construct, operate, maintain, repair, and remove utility improvements within the Water System Easement. 2. Use and Maintenance of Water System Easement Parcel. Grantor may only enter the Water System Easement parcel prior to Grantee's construction of the Water System facility and only for landscaping and related light grading necessary to maintain the sightly condition of the area, although there is no obligation for Grantor to do so. Grantor agrees not to construct any improvements or plant any shrubs or trees on the Water System Easement. In addition to the foregoing, Grantor and Grantee hereby agree that prior to constructing any fence or permanent buffer around the Water System Easement area, Grantee will give Grantor reasonable prior notice and an opportunity to assist, at Grantor's sole cost, in the design and construction of an attractive and sightly fence or permanent buffer in addition to or in lieu of the 3361\017.03/31/05 .3- FORMS KSDAS1YBDIVERDANA FKA KENT I60\EASEMENT buffer designed by Grantee, subject to Grantee's final approval. To the extent that Grantee exercises its rights to cross adjacent property of Grantor as described in the last sentence of Section D.1, above, Grantee shall promptly restore to their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee. E. Terms Applicable to Entire Agreern . 1. Maintenance. Grantee shall, at its sole cost and expense, maintain in a safe condition all improvements installed by Grantee or at its direction or request within the easements herein described. Grantor shall, at its sole cost and expense, maintain in a safe condition all improvements installed by Grantor, or at its direction with the easements herein described. 2. Compliance with Laws. Grantee and Grantor shall each comply at all times with all laws, statutes, ordinances, rules and regulations now or hereafter in effect regarding their respective use and operation of any improvements on or under any of the easement areas described herein. 3. Default. If either party defaults in the observance or performance of any of the covenants under this Agreement, the other party shall be entitled, following notice to the other, to observe and perform such covenants to the extent necessary to protect their property or to protect or preserve the health or safety of Grantor, Grantee or either of their licensees and invitees, and to charge the other party the cost thereof. 4. Successors and Assigns. This Agreement runs with the land and all terms, covenants and conditions hereof shall extend to the benefit of and be binding upon, the successive successors,heirs and assigns of the parties hereto. 5. Counterpart Signatures. This Agreement may be signed in counterparts. GRANTOR: GRANTEE: KENT 160 LLC, a Washington limited CITY OF KENT,WASHINGTON liability company By: By: Name: Name: Its: Its: 3361\017:03/31/05 4- FORM5 KS1MS\YBD\VERDANA FKA KENT 160\EASEMENT STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2005,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and swom personally appeared Brian Ross, known to me to be the President of BRNW,Inc., which is a member of Kent 160 LLC,the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington,residing at My commission expires STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of ,2005,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared ,known to me to be the Mayor of City of Kent,Washington,the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington,residing at My commission expires 3361\017 03/31/05 -5- FORM5 KS2AS\YBD\VBRDANA FKA KENT 160\EASEMENT EXHIBIT 1 LEGAL DESCRIPTION OF GRANTOR'S PROPERTY 3361\017 03/31/05 .6. FORM5 KSl?AS\YBD\VERDANA FKA KENT 160\EASEMENT EXHIBIT A Page 1 PARCEL A: The south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the east 194 feet of the north half of said south half of the southeast quarter; ALSO EXCEPT that portion thereof lying within the right of way of 124`b Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The northeast quarter of the southwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124`b Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The north 3 acres of Tract 9, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington. Except any portion of the above described parcel which falls within lots 7 and 8 of the plat of The Sound Trustee Company' s Third Addition, according to the plat thereof, recorded in volume 13 of plats, page 100 records of King County, Washington PARCEL B: Tract 9; EXCEPT the north 3 acres, and Tract 10; EXCEPT the south 120 feet thereof, all in The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington. I EXHMIT A Page 2 PARCEL C: The southeast quarter of the southwest quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124ts Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7411040248; ALSO EXCEPT that portion thereof lying within the right of way of Southeast 304tb Street; ALSO EXCEPT that portion thereof conveyed to King County for road purposes by deed recorded under Recording Number 6027009; ALSO EXCEPT that portion thereof described as follows: Beginning at the intersection of the west line of said subdivision and the northerly margin of Southeast 304tb Street; Thence north 010181560 east, along the west line thereof, a distance of 700.00 feet; Thence south 75*38101" east a distance of 472.02 feet; Thence south 23016116" east a distance of 664.25 feet to the northerly margin of said Southeast 304tb Street; Thence north 87052116" west, along said northerly margin, a distance of 750.00 feet to the point of beginning. And Except that portion lying within Crystal Meadows according to the plat thereof, recorded in volume 194 of plats, pages 66 and 67, in the County of King County, Washington PARCEL D: Lot 3 of King County Short Plat Number 7B0014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124tb Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL E: Lot 2 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest gu3rter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124tn Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. B A R EXMIT A Page 3 PARCEL F: Lot 4 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. And Except that portion of that certain Short Plat No. 1278076 recorded under recording number 7912210815 and all that portion of S.B. 29-2 ST. lying west of the northerly extension of the east line of said Short Plat. PARCEL G: Government Lot 3, Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402; ALSO EXCEPT therefrom the following described tract: Beginning at the northeast corner of the above described property, being the TRUE POINT OF BEGINNING of the exception herein described; Thence west, along the north line of said Lot 3, a distance of 255.00 feet; Thence south, parallel with the east line of said Lot 3, a distance of 272.00 feet; Thence east, parallel with the north line of said Lot 3, a distance of 100.0 feet; Thence south, parallel with the east line of said Lot 3, a distance of 114 .00 feet; Thence east, parallel with the north line of said Lot 3, a distance of 155.00 feet; Thence north, parallel with and 30.00 feet from the east line of said Lot 3, a distance of 367.00 feet to the TRUE POINT OF BEGINNING. 9 EXHIBIT A Page 4 PARCEL H: Lot 1 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL I: That portion of the south half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line: Beginning at the southeast corner of said tract; Thence north, along the east line thereof, a distance of 50.00 feet to the TRUE POINT OF BEGINNING of the line herein described; Thence in a northwesterly direction in a straight line to a point on the north line of the south half of said tract, which point lies 135.00 feet west of the east line of said tract, being the terminus of the line herein described. PARCEL J: The east 294 feet of the north half of the south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124`h Avenue Southeast, the westerly margin of which was established by deeds recorded under Recording Number 7412300186 and 74123001B7. PARCEL K: That portion of the north half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line: Beginning at the southeast corner of said north half; Thence west, along the south line of said north half, a distance of 135.00 feet to the TRUE POINT OF BEGINNING of the line herein described; +0 EXHIBIT A Page 5 Thence in a northwesterly direction in a straight line to a point on the north line of said tract, which point lies 313.36 feet west of the northeast corner of said tract and is the terminus of the line herein described. PARCEL L: The east half of the south 120 feet of Tract 10, Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in Ring County, Washington. END OF EXHIBIT A it EXHIBIT 2 SKETCH AND LEGAL OF THE WATERLINE EASEMENT 3361\017 03/31/05 12 FORM5 KSPAS\YBD\VERDANAFKAKENf 160\EASEMENT L�+t181T 21 POW& I 32 NORTH VNE SEC 4. TWP 21 N.. RGE 5 E.. WM 0 '_°i 4 lipf�I Ifl d N fl Ijl SCALE: 1" = 300' III D 150 3w eao = If ry I 15' S�III fI I3000' WATERLINE EASEMENT IfI IfI lil ICI IiI J 4 rrrf 31 \` Poe EXHIBIT DISCLAIM THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE LEGAL DESCRIPTION SHALL PREVAIL WATERLINE EASEMENT a EXHIBIT YARROW BAY N>s a _a VERDANA d OIN AP iZ -1 A O 3 p111 " K/NG Comm. WASIflNGTON N" � i3 VERDANA �ic��tr �� TRIAD JOB NO.03-094 WATER EASEMENT LEGAL DESCRIPTION MARCH 31,2005 THAT PORTION OF EAST HALF OF THE WEST HALF OF SECTION 4,TOWNSHIP 21 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,LYING WITHIN A STRIP OF LAND 30.D0 FEET IN WIDTH,BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 4,WHICH POINT LIES SOUTH 01.44'45"WEST OF THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 83.01'45"EAST 1361.80 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 01"53'09"EAST 193.01 FEET; THENCE NORTH 46.53'09"EAST 11526 FEET, THENCE NORTH 01653'09 "EAST 2035.78 FEET TO A LINE 160.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION, AND THE TERMINUS OF THIS CENTERLINE. THE SOUTHERN BOUNDARY OF SAID CENTERLINE TO BE EXTENDED OR SHORTENED TO MEET THE NORTHERLY BOUNDARY OF THE EXISTING BPA POWERLINE EASEMENT. THE SIDE LINES OF TRACTS TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS. WRITTEN:MTSE CHECKED:REW 'CS. C 4 Z• ••�;lsre?;.• ��'AL j.ANO"J �OS exrteEs tarouq� t TAT A iiei+tis"aenue 48 OW48 wasno 04 SO21.3az3 +zsazie++e aoo+aeo7w vs.+uez�3+Ei ASSOCIATES �Viadass cm Lind Development Consultants �4 a EXHIBIT 3 SKETCH AND LEGAL OF THE 40 FOOT ACCESS AND UTILITY EASEMENT 3361\017 03/31/05 Is FORMS KSIMS\YBD\VERDANA FKA KENT 160\EASEMENf • 0 8 D r � m i Q 0 s r'Oyr 10.1 r z m ? srlimN 2 FSxn�r " m x z yx -I m mmpom r m '29y G L LED Ow O I nmz ; N > � 9r9 A _ T ppmj > I m Z A O N OHO .g> 00G m xm� >Z, y v Ozv >;M on> a 9 aAo Fes.^ y z ZAVZ 4 a N ACCESS AND UTILITY s, �p EASEMENT EXHIBIT UZ py� �;a a YARROW SAYS>S s (a VERDANA W KWG COMM 110 WASNWO. kfu� � f 2- VERDANA TRIAD JOB NO,03-084 ACCESS AND UTILITY LEGAL DESCRIPTION MARCH 28,2005 THAT PORTION OF OF GOVERNMENT LOT 3 OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION, THENCE NORTH 88.681 1'WEST,ALONG THE NORTH LINE OF SAID SECTION, 285 DO FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 01'3W46'WEST 40 FEET, THENCE NORTH 88.5911'WEST,ALONG A LINE 40 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE,870.68 FEET,TO A POINT 160 FEET EAST OF AND PARALLEL TO THE W EST LINE OF SAID GOVERNMENT LOT 3; THENCE NORTH 01'41-41'EAST,PARRALEL TO LAST SAID WEST LINE,40 00 FEET,TO A POINT ON SAID NORTH LINE; THENCE SOUTH 88-SVI1'EAST,ALONG SAID NORTH LINE.870 64 FEET TO THE TRUE POINT OF BEGINNING WRITTEN:MTSE CHECKED.REW P L L4 E ormts Ee105� t .�.�,� WOassezuwlmosmo7sa•sg+isez13sei SOC S RIAD)&Y EXHIBIT 4 LEGAL OF THE ACCESS AND UTILITY EASEMENT FOR TACOMA WATERLINE CONNECTOR 3361\017:03/31105 18, FORM5 KSIMS\YBD\VERDANA FKAKENT 160\EASEMENT EXHIBIT 4 ACCESS AND UTILITY EASMENT FOR TACOMA WATERLINE 00NNf,CT0?� THE WEST 100.00 FEET OF THE EAST 130.00 FEET OF THE SOUTH 60.00 FEET OF THE NORTH 113.11 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON iq EXHIBIT 5 SKETCH AND LEGAL OF THE WATER SYSTEM EASEMENT 3 3 6 110 1 7-03/3 1/05 FORM5 KSIMS\YBD\VERDANA FKA KENT 160\EASEMENf _i m a ,_ - -33—L . re$ r >�__�_u� Model. -■ \ ■ § i k ■ ! £ G'o� \ 2KAAx l 7 \ [|n, $ 2 ¥ f§ _ §2k > �\ Rim m On \d0 �-- | nm\ CO> $ IRV )§q , c G N FACILITY 2 § oil # � YARROW BAY VE DANA ■ h ) � 24 __G7_ § P VERDANA &?onPJ ITS, 2 TRIAD JOB NO 03-094 COGEN FACILITY LEGAL DESCRIPTION MARCH 28,2005 THAT PORTION OF OF GOVERNMENT LOT 3 OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS, THE NORTH 160 FEET OF THE WEST 160 FEET OF SAID GOVERNMENT LOT 3 WRITTEN:MfSE CHECKED•REW .......... a 11874 "ML LAN�� CRlItL8Ig1tS�, ARIAD I'A lNE BOOnCt Wt* W�251L3681 C I AT E S war.NE==can . . Z i WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent,Washington 98032 Grantor: KENT 160 LLC,a Washington limited liability company Grantee: CITY OF KENT,a Washington municipal corporation Abbreviated Legal Description: Lot 3,NW 1/4, S4,T21N, R5E Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. 786700-0046-03 Project Name: Tacoma Pipeline 5 Connection TEMPORARY CONSTRUCTION EASEMENT KENT 160 LLC, a Washington limited liability company ("Grantor"), for and in consideration of valuable consideration receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the CITY OF KENT,a Washington municipal corporation("Grantee"),a Temporary Construction Easement(the"Temporary Easement')to be used during construction of utilities and their appurtenances, generally known as the Tacoma Pipeline 5 Connection, for a sedimentation pond, over, under, through, across and upon the following described real property parcel(s), situated in King County, Washington(Easement Area): SEE EXHIBIT "A" ATTACHED TEMPORARY CONSTRUCTION EASEMENT(Kent 160 LLC)-Page 1 of 3 (March 29,2005) r Grantee shall have the right,without prior institution of any suit or proceeding at law,at those times as may be necessary, to enter upon the Easement Area for the purpose of installing a sedimentation pond to be used during construction of the Tacoma Pipeline 5 Connection project, including all necessary appurtenances,without incurring any legal obligation or liability;provided, however, that the Grantee shall use the Easement Area in such a manner that the existing improvements in the Easement Area shall not be disturbed or destroyed. In the event that they are disturbed or destroyed, Grantee will replace all improvements in as good a condition as they were immediately before the property was entered upon by the Grantee. Grantee shall at all times exercise its rights under this Temporary Easement in accordance with the requirements of all applicable statutes,orders,rules and regulations of any public authority having jurisdiction. Grantee accepts the Easement Area in its present physical condition, AS IS. Grantee does hereby release,indemnify and promise to defend and save harmless Grantor from and against any and all liability,loss,damage,expense actions and claims,including costs and reasonable attorneys' fees incurred by Grantor in connection therewith,arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees, and contractors of the rights granted in this Temporary Easement. The Temporary Easement shall be a covenant running with the land and shall bind Grantor's successors and assigns and all future owners of the real properties affected by this Temporary Easement until the Tacoma Pipeline 5 Connection project has been accepted by Grantee for maintenance and operation, or December 31, 2005,whichever is sooner. GRANTOR: KENT 160 LLC By: BRNW, Inc., Member By: BRIAN ROSS Its: President (Notary Acknowledgment Appears on Next Page) TEMPORARY CONSTRUCTION EASEMENT(Kent 160 LLC)-Page 2 of 3 (March 29,2005) t STATE OF WASH NGTON ) _)ss. COUNTY OF KING ) On this day of ,2005,before me a Notary Public in and for the State of Washington, personally appeared BRIAN ROSS, to me known to be the President of BRNW,Inc.,Member of KENT 160 LLC,a Washington limited liability company,the company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said company, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Wuhin This Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: -, 4 ux ` WP V�,, Kent Law Department P%C'vdTILES1OpenFil s1D7511TemporaryCmsa ctionEaaeme t doo TEMPORARY CONSTRUCTION EASEMENT(Kent 160 LLC)-Page 3 of 3 (March 29,2005) TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF GOVERNMENT LOT 3 IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE N88°58'05'W, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3,A DISTANCE OF 285.00 FEET TO THE WEST LINE OF THE EAST 285.00 FEET OF SAID GOVERNMENT LOT 3; THENCE S01°39'OBM,ALONG SAID WEST LINE,40.00 FEET TO THE SOUTH LINE OF THE NORTH 40.00 FEET OF SAID GOVERNMENT LOT 3;THENCE N88058'05"W,ALONG SAID SOUTH LINE, 530.70 FEET TO THE EAST LINE OF THE WEST 500.00 FEET OF SAID GOVERNMENT LOT 3 AND THE TRUE POINT OF BEGINNING; THENCE S01 041'56"W,ALONG SAID EAST LINE, 360.02 FEET TO THE SOUTH LINE OF THE NORTH 400.00 FEET OF SAID GOVERNMENT LOT 3; THENCE N88058'05"W, ALONG SAID SOUTH LINE,470.03 FEET TO THE EAST LINE OF THE WEST 30.00 FEET OF SAID GOVERNMENT LOT 3; THENCE N01 041'56'E,ALONG SAID EAST LINE, 240.02 FEET TO THE SOUTH LINE OF THE NORTH 160.00 FEET OF SAID GOVERNMENT LOT 3; THENCE S88-58'05"E, ALONG SAID SOUTH LINE, 130.01 FEET TO THE EAST LINE OF THE WEST 160.00 FEET OF SAID GOVERNMENT LOT 3; THENCE N01'41'56"E,ALONG SAID EAST LINE, 120.01 FEET TO THE SOUTH LINE OF THE NORTH 40.00 FEET OF SAID GOVERNMENT LOT 3; THENCE S88058'05"E, ALONG SAID SOUTH LINE, 340.02 FEET TO THE TRUE POINT OF BEGINNING. L .s f/ / 'C� A�i�a�l:�ilf4j/. EXHIBIT "A" e WHEN RECORDED MAIL TO: Kathleen S. Sims,Esq. Alston, Courtnage&Bassetti LLP 1000 Second Avenue, Suite 3900 Seattle,WA 98104 i Grantor: CITY OF KENT, WASHINGTON Grantee: KENT 160 LLC ' Abbreviated Legal: Ptns Lots 9-11, Sound Trustee Company's Third Addition, Description: Vol. 13,Pg. 100; and SW,NW 04-21-05 Complete Legal Description: See Exhibit"A" Assessor's Tax Parcel No.: 786700-0046 and 042105-9016 Reference Nos. of Documents Released or Assigned: N/A BARGAIN AND SALE DEED CITY OF KENT, a Washington municipal corporation, of 220 Fourth Avenue South, Kent, Washington 98032-5895, hereinafter called "Grantor", for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, bargains, sells, and conveys to KENT 160 LLC, a Washington limited liability company, of 825 Fifth Avenue, Suite 202, Kirkland, Washington 98033, hereinafter called "Grantee", all of its right, title, and interest in and to the real property, situated in King County, Washington, hereinafter called "Property", being more particularly described as follows: SEE EXHIBIT"A"ATTACHED BARGAIN AND SALE DEED—Page I of 4 (March 30,2005) (between City of Kent and Kent 160 LLC) Re:Impoundment Reservoir Property SUBJECT, however, to the matters described on EXHIBIT "B" attached and incorporated hereto, but only to the extent the same are validly existing and applicable to the Property. By delivery of this Bargain and Sale Deed, Grantee, its legal representatives, heirs, successors and assigns, hereby accept and agree to all of the terns, conditions, provisions,reservations and restrictions herein contained. The Grantor for itself and for its successors in interest does expressly limit the covenants of the deed to those herein expressed, and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through, or under Grantor and not otherwise, will forever warrant and defend the Property, subject however to the Permitted Exceptions set forth on EXHIBIT "B", to the extent, but only to the extent such exceptions validly affect the Property and subject to the Easement Reservation contained herein. IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name,this day of ,2005. CITY OF KENT Q4woo By: M H E Its• MAYOR Date: y'_ APPROVED AS TO FORM: Kent Law Department (Notary Acknowledgement Appears on Next Page) BARGAIN AND SALE DEED—Page 2 of 4 (March 30,2005) (between City of Kent and Kent 160 LLQ Re:Impoundment Reservoir Property STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that on the / day of , 2005, I know or have satisfactory evidence that JIM WHITE is the person ho appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF LENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. I ' -Notary Seal Mast Appear Wtlhin 77is Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and yjar j�sabove written. ? iJ' U• r •► . 7 ,cr lec 1764,0 dA t a 0 A NOT; IC in and for the State of Washington '';��i"�,�>>•00��� residing at l►�N� My appointmefitexpires /a —/9-C�, I ACCEPTED BY GRANTEE: KENT 160 LLC, a Washington limited liability company By: BRNW, Inc.,member By: BRIAN ROSS Its: President BARGAIN AND SALE DEED—Page 3 of 4 (March 30,2005) (between City of Kent and Kent 160 LLQ Re:Impoundment Reservoir Property ^ STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of 2005,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn personally appeared Brian Ross,known to me to be the President of BRNW,Inc.,which is a member of Kent 160 LLC,the limited liability company that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. I I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. i WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature I ' Print Name NOTARY PUBLIC in and for the State of Washington,residing at My commission expires e.AciAnflrFs ms1%WViam,Daddoo BARGAIN AND SALE DEED—Page 4 of 4 (March 30,2005) (between City of Kent and Kent 160 LLC) Re:Impoundment Reservoir Property e i PARCEL A: The south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North,Range 5 East,W.M.,in King County,Washington; EXCEPT the east 194 feet of the north half of said south half of the southeast quarter; ALSO EXCEPT that portion thereof lying within the right of way of 124`b Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The northeast quarter of the southwest quarter of Section 4,Township 21 North,Range 5 East,W M.,in King County,Washington; EXCEPT that portion thereof lying within the right of way of 120 Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The north 3 acres of Tract 9, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats,page 100,in King County,Washington. Except any portion of the above described parcel which falls within lots 7 and 8 of the plat of The Sound Trustee Company's Third Addition, according to the plat thereof, recorded in volume 13 of plats,page 100 records of King County,Washington PARCEL B: Tract 9; EXCEPT the north 3 acres,and Tract 10; EXCEPT the south 120 feet thereof, all in The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats,page 100, in King County,Washington. PARCEL C: The southeast quarter of the southwest quarter of Section 4,Township 21 North,Range 5 East,W M,in King County,Washington; EXCEPT that portion thereof lying within the right of way of 120 Avenue Southeast,the westerly margin of which was established by deed recorded under Recording Number 7411040248; ALSO EXCEPT that portion thereof lying within the right of way of Southeast 304`s Street; ALSO EXCEPT that portion thereof conveyed to King County for road purposes by deed recorded under Recording Number 6027009; ALSO EXCEPT that portion thereof described as follows: Beginning at the intersection of the west line of said subdivision and the northerly margin of Southeast 304'h Street; Thence north 01018'56" east,along the west line thereof,a distance of 700.00 feet; Thence south 75038'01" east a distance of 472.02 feet; Thence south 23°16'16"east a distance of 664.25 feet to the northerly margin of said Southeast 300 Street; Thence north 87152'16" west,along said northerly margin,a distance of 750.00 feet to the point of beginning EXHIBIT"A" Page I of 3 i r And Except that portion lying within Crystal Meadows according to the plat thereof,recorded in volume 194 of plats,pages 66 and 67,in the County of King County,Washington PARCEL D: Lot 3 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East,W.M.,in King County,Washington; EXCEPT that portion of said north half lying within the right of way of 124`h Avenue Southeast,the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL E: Lot 2 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East,W.M.,in King County,Washington; EXCEPT that portion of said north half lying within the right of way of 124h Avenue Southeast,the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL F: Lot 4 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East,W.M.,in King County,Washington; EXCEPT that portion of said north half lying within the right of way of 1240'Avenue Southeast,the westerly margin of which was established by deed recorded under Recording Number 7409040402. And Except that portion of that certain Short Plat No. 1278076 recorded under recording number 7912210815 and all that portion of S.E.292an ST. lying west of the northerly extension of the east line of said Short Plat. PARCEL G: Government Lot 3,Section 4,Township 21 North,Range 5 East,W M,in King County,Washington; EXCEPT that portion thereof lying within the right of way of 12e Avenue Southeast,the westerly margin of which was established by deed recorded under Recording Number 7409040401; ALSO EXCEPT therefrom the following described tract: Beginning at the northeast corner of the above described property,being the TRUE POINT OF BEGINNING of the exception herein described; Thence west,along the north line of said Lot 3,a distance of 255.00 feet; Thence south,parallel with the east line of said Lot 3,a distance of 272 00 feet; Thence east,parallel with the north line of said Lot 3,a distance of 100.0 feet; Thence south,parallel with the east line of said Lot 3,a distance of 114 00 feet; Thence east,parallel with the north line of said Lot 3,a distance of 155.00 feet; Thence north,parallel with and 30.00 feet from the east line of said Lot 3,a distance of 387.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT"A' Page 2 of 3 PARCEL H: Lot 1 of King County Short Plat Number 780014, recorded under Recording Number 8101150681,being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East,W.M.,in King County,Washington; EXCEPT that portion of said north half lying within the right of way of 124°i Avenue Southeast,the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCELI: That portion of the south half of Tract 11,The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line: Beginning at the southeast corner of said tract; Thence north,along the east line thereof, a distance of 50.00 feet to the TRUE POINT OF BEGINNING of the line herein described; Thence in a northwesterly direction in a straight line to a point on the north line of the south half of said tract, which point lies 135.00 feet west of the east line of said tract,being the terminus of the line herein described. PARCEL J: The east 194 feet of the north half of the south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North,Range 5 East,W.M.,in King County,Washington; EXCEPT that portion thereof lying within the right of way of 12e Avenue Southeast,the westerly margin of which was established by deeds recorded under Recording Number 7412300186 and 7412300187. PARCEL K: That portion of the north half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line- Beginning at the southeast corner of said north half; Thence west, along the south line of said north half, a distance of 135.00 feet to the TRUE POINT OF BEGINNING of the line herein described; Thence in a northwesterly direction in a straight line to a point on the north line of said tract, which point lies 313.36 feet west of the northeast comer of said tract and is the terminus of the line herein described. PARCEL L. The east half of the south 120 feet of Tract 10, Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats,page 100,in King County,Washington. EXHIBIT"A' Page 3 of 3 EXHIBIT B Page 1 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: United States of America PURPOSE: To erect, maintain, repair, rebuild, operate, and patrol one or more electric power transmission lines, and one or more telephone and/or telegraph lines AREA AFFECTED: Portion of the south 10 acres of the southeast quarter of the northwest quarter RECORDED: April 3.6, 1941 RECORDING NUMBER: 3158750 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: United States of America PURPOSE: To erect, maintain, repair, rebuild, operate, and patrol one or more electric power transmission lines, and one or more telephone and/or telegraph lines AREA AFFECTED: Portion of the north 3 acres of Lot 9 of the Sound Trustee Company's Third Addition RECORDED: July 11, 1942 RECORDING NUMBER: 3251576 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: United States of America PURPOSE: To erect, maintain, repair, rebuild, operate, and patrol one or more electric power transmission lines, and one or more telephone and/or telegraph lines 1 EXHIBIT B Page 2 AREA AFFECTED: Portion of the south 10 acres of the southeast quarter of the northwest quarter and the north 25 acres of the northeast quarter of the southwest quarter RECORDED: July 24, 1942 RECORDING NUMBER: 3252029 4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: United States of America PURPOSE: A perpetual easement and right to enter and erect, maintain, repair, rebuild, operate and patrol 1 or more line(s) of electric power transmission structures and appurtenant signal lines AREA AFFECTED: Portion of the north half of the northeast quarter of the southwest quarter, and the north 3 acres of Tract 9 of the Sound Trustee Company's Third Addition RECORDED: June 8, 1959 RECORDING NUMBER: 5041061 S. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company PURPOSE: The right to install, maintain, replace, remove and use an electric line, including all necessary poles, anchors, wires and fixtures AREA AFFECTED: The east 10 feet of Government Lot 3 RECORDED: September 19, 1965 RECORDING NUMBER: 6084182 1 ^ EMBIT B Page 3 6. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company PURPOSE: The right to install, maintain, replace, remove and use an electric line, including all necessary poles, anchors, wires and fixtures AREA AFFECTED: The east 10 feet of the southeast quarter of the southwest quarter RECORDED: September 25, 1969 RECORDING NUMBER: 6087202 7. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company PURPOSE: The right to install, maintain, replace, remove and use an electric line, including all necessary poles, anchors, wires and fixtures AREA AFFECTED: The east 10 feet of the north half of the southeast quarter of the northwest quarter RECORDED: September 26, 1966 RECORDING NUMBER: 6087204 S. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company PURPOSE: The right to install, maintain, replace, remove and use an electric line, including all necessary poles, anchors, wires and fixtures 1 • 1 EXHIBIT B Page 4 AREA AFFECTED: The east 10 feet of the south half of the southeast quarter of the t northwest quarter; LESS the east 194 ' feet of the north half thereof; Also the northeast quarter of the southwest quarter I RECORDED: September 26, 1966 RECORDING NUMBER: 6087207 l 9. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company PURPOSE: The right to install, maintain, replace, remove and use an electric line, including all necessary poles, anchors, wires and fixtures AREA AFFECTED: The east l0 feet and the north 5 feet of the south 191 feet of the east 20 feet of the following described property: The east 194 feet of the north half of the south half of the southeast quarter of the northwest quarter RECORDED: September 26, 1966 RECORDING NUMBER: 6087208 10. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: City of Tacoma I PURPOSE: Right and privilege to construct, reconstruct, install, operate, inspect and maintain a water transmission pipeline, or pipelines, and appurtenant equipment AREA AFFECTED: Portion of the north 3 acres of Tract 9, The Sound Trustee Company's Third Addition; and portion of the northeast quarter of the southwest quarter RECORDED: June 5, 1973 RECORDING NUMBER: 7306050390 1 EXHIBIT B Page 5 11. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: King County PURPOSE: Slopes f' AREA AFFECTED: The southerly portion of said ! premises RECORDED: November 4, 1974 RECORDING NUMBER: 7411040249 12. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: King County PURPOSE: Slopes AREA AFFECTED: Portion of said premises RECORDED: January 27, 2975 RECORDING NUMBER: 7501270238 13. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, -THE FOLLOWING: GRANTEE: King County PURPOSE: Drainage AREA AFFECTED: The southerly portion of said premises RECORDED: June 8, 1976 RECORDING NUMBER: 7606080559 14. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT, COPY ATTACHED: RECORDED: January 25, 1981 RECORDING NUMBER: 8101150681 EXHIBIT B Page 6 15. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Richard Gradwohl and Arlene Gradwohl RECORDED: February 13, 1981 RECORDING NUMBER: 8102130246 AFFECTS: Tract 3 of Short Plat #780014 REGARDING: Will not construct, maintain, or suffer to be constructed more than one single family residence unless such second and subsequent residences are connected and receive sewer service from a legally constituted sewer district or municipality. Is is further agreed and covenanted that the above identified property will not be subdivided for residential purposes unless served by a public sewer. 16. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Richard Gradwohl and Arlene Gradwohl RECORDED: February 13, 1981 RECORDING NUMBER: 8102130247 AFFECTS: Tract 2 of Short Plat #780014 REGARDING: Will not construct, maintain, or suffer to be constructed more than one single family residence unless such second and subsequent residences are connected and receive sewer service from a legally constituted sewer district or municipality. It is further agreed and covenanted that the above identified property will not be subdivided for residential purposes unless served by a public sewer. 17. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Richard Gradwohl and Arlene Gradwohl RECORDED: February 13, 1981 RECORDING NUMBER: 8102130248 AFFECTS: Tract 4 of Short Plat #78D014 REGARDING: Will not construct, maintain, or suffer to be constructed more than one single family residence unless such second and subsequent residences are connected and receive sewer service from a legally constituted sewer district or municipality. It is further agreed and covenanted that the above identified property will not be subdivided for residential purposes unless served by a public sewer. r EXHIBIT B Page 7 18. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Richard Gradwohl and Arlene Gradwohl and Jim T. Wright and Janice C. Wright RECORDED: February 27, 1981 RECORDING NUMBER: 8102270014 REGARDING: Private road in Short Plat No. 780014 19. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Edmundo Alvarez and Fabiola Alvarez RECORDED: March 11, 1981 RECORDING NUMBER: 8103110453 REGARDING: Private road in Short Plat No. 7B0014 20. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Thomas P. Vogel RECORDED: April 1, 1981 RECORDING NUMBER: 8104010036 REGARDING: Private road in Short Plat No. 780014 21. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Verlyn G. Taft and Virginia Taft RECORDED: May 26, 1981 RECORDING NUMBER: 8105260378 REGARDING: Private road in Short Plat No. 780014 22. Matters disclosed on a survey recorded under Recording Number 8206109023, a copy of which is hereto attached. 23. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: May 11, 1966 RECORDING NUMBER: 6027009 GRANTEE: King County 1 , EXHIBIT B Page 8 24. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: December 30, 1974 RECORDING NUMBER: 7412300186 GRANTEE: King County 25. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: December 30, 1974 RECORDING NUMBER: 7412300187 GRANTEE: King County 26. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: September 4, 1974 RECORDING NUMBER: 7409040401 GRANTEE: King County 27. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED. September 4, 1974 RECORDING NUMBER.: 7409040402 GRANTEE: King County 28. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: November 4, 1974 RECORDING NUMBER: 7411040248 GRANTEE: King County 29. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: January 27, 1975 RECORDING NUMBER: 7501270237 GRANTEE: King County I EXHIBIT B Page 9 30. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: IN FAVOR OF: City Of Tacoma CONDEMNED IN King COUNTY SUPERIOR COURT CAUSE NUMBER: 791311 PURPOSE: Water transmission pipeline and pipeline right of way AREA AFFECTED: A portion of the real estate under search and other property 31. CITY OF KENT ORDINANCE NO, 3685 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: June 3, 2004 RECORDING NUMBER: 20040603002499 32. DEED OF TRUST TO SECURE AN INDEBTEDNESS: GRANTOR: Kent 160 LLC, a Washington Limited Liability Corporation TRUSTEE: Pacific Northwest Title, a Washington Corporation BENEFICIARY: Bank of America AMOUNT: $8,600,000.00 DATED: XXXX RECORDED: XXXX RECORDING NUMBER: xxxxxxxxxxxxxx END OF EXHIBIT B e ` WHEN RECORDED RETURN TO: City of Kent Attn: Property Management 220 Fourth Avenue South Kent,WA 98032 Name of Document: EASEMENT AGREEMENT Grantor: Kent 160 LLC, a Washington limited liability company Grantee: City of Kent,Washington Abbreviated Legal Description: Pms Lots 9-11, Sound Trustee Company's Third Addition,Vol. 13,pg. 100; and SW, NW 04-21-05 Full Legal Description: See attached Exhibits 1 through 5. Assessor's Tax Parcel Number(s): 786700-0046 and 042105-9016 Reference Number of Documents Released or Assigned:N/A EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made as of April 1, 2005 by between the City of Kent, Washington ("Grantee"), and Kent 160 LLC, a Washington limited liability company("Grantor"). Kent 160 LLC, as buyer, and the City of Kent, Washington, as seller,have entered into a Real Estate Purchase and Sale Agreement last dated October 22, 2003, which agreement has been amended (the "PSA"). Under the terms of the PSA, the City of Kent was to convey the Property described on Exhibit 1 hereto (the "Property") to Kent 160 LLC, reserving unto the City of Kent, Washington certain easements, all to be described in the deed. For purposes of simplicity and clarity, the City of Kent and Kent 160 LLC, have instead elected to set forth the easements in this Easement Agreement. For valuable consideration, the receipt of which is hereby acknowledged, the Grantor wishes to grant and convey to Grantee the four (4) easements hereinafter described. 336t\017 03/31/05 1- FORM5 KSIMS\YBD\VERDANA FKA KENT 16M\EASEMENT A. Waterline Easement. 1. Grant of Waterline Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, easement under, over, and through the easement area for the installation, construction, operation, maintenance, and repair of a underground Twenty-Four (24) inch water main within the area described and shown on Exhibit 2 attached hereto and incorporated herein(the "Waterline Easement.") 2. Use and Maintenance of Waterline Easement Parcel. Grantor may use the surface of the Waterline Easement parcel for a private roadway, sidewalks, residential driveway access, and landscaping so long as the landscaping is limited to grass and small shrubs, but specifically excluding trees or large shrubs. Any such private roadway will be constructed in a manner such that the private roadway does not cause a negative break in grade in Grantee's waterline resulting in the need for an air-vac. Grantor agrees that no permanent structures or portable sheds or similar utility or storage buildings shall be permitted over the Waterline Easement. Grantor may only use the subsurface of the Waterline Easement parcel for construction, installation and maintenance of utilities to serve the residential lots along the street above, provided further, that all of Grantors' utility lines shall, with the exception of laterals to connect to the individual lots, be located at least five (5) feet from Grantee's Twenty-Fourth inch water main. Grantee shall promptly restore to their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee in the exercise of Grantee's rights hereunder. Grantor shall not disturb Grantee's 24 inch water main. If Grantor does disturb Grantee's 24 inch water main, Grantor shall immediately notify Grantee and Grantee will promptly restore it to its prior condition. Grantor shall reimburse Grantee for its restoration expenses. B. 40 Foot Access and Utility Easement. 1. Grant of 40 Foot Access and Utility Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, exclusive easement for access over, under and through the easement area and for the installation, construction, operation, maintenance, and repair of underground utilities in the easement area described and shown on Exhibit 3 attached hereto and incorporated herein (the "40 Foot Access and Utility Easement"). 2. Use and Maintenance of 40 Foot Access and Utility Easement Parcel. Grantor may continue to use the 40 Foot Access and Utility Easement parcel for purposes which will not interfere with the exercise of the rights granted to Grantee hereunder, specifically including constructing a road approximately 26 feet wide, and fencing and landscaping, so long as the landscaping is limited to grass and small shrubs, but specifically excluding trees or large shrubs, within the remaining approximately fourteen (14) feet of the easement area. Grantor agrees that no permanent structures or portable sheds or similar utility or storage buildings shall be permitted over the 40 Foot Access and Utility Easement. Grantee shall promptly restore to 3361\017 03/31/05 -2- FOR1%45 KSM4S\YBD\VERDANA FKA KENT 160\EASEMENT .a their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee in the exercise of Grantee's rights hereunder. C. Access and Utility Easement for Tacoma Waterline Connector. 1. Grant of Access and Utility Easement for Tacoma Waterline Connector. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, non-exclusive easement for the installation, construction, operation, maintenance, and repair of underground utilities within the area described and shown on Exhibit 4 attached hereto and incorporated herein (the "Access and Utility Easement for Tacoma Waterline Connector"). 2. Use and Maintenance of Access and Utility Easement for Tacoma Waterline Connector Parcel. Grantor may continue to use the Access and Utility Easement for Tacoma Waterline Connector parcel for purposes which will not interfere with the exercise of the rights granted to Grantee hereunder, specifically including construction of a road and installation of landscaping over the Access and Utility Easement for Tacoma Waterline Connector so long as the landscaping is limited to grass and small shrubs, but specifically excluding trees or large shrubs. Grantee shall promptly restore to their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee in the exercise of Grantee's rights hereunder. D. Water System Easement. 1. Grant of Water System Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, exclusive easement for the installation, construction, operation, maintenance, and repair of Water System utilities and appurtenances, including, but not limited to, two (2) pressure-reducing valve stations and one (1) hydrogeneration facility within the area legally described on Exhibit 5 attached hereto and incorporated herein by this reference the Water System Easement The easement anted under this Section D also ( Ys ) &' includes the limited right of ingress to and egress from and across adjacent property of Grantor, but only to the extent necessary to install, construct, operate, maintain, repair, and remove utility improvements within the Water System Easement. 2. Use and Maintenance of Water System Easement Parcel. Grantor may only enter the Water System Easement parcel prior to Grantee's construction of the Water System facility and only for landscaping and related light grading necessary to maintain the sightly condition of the area, although there is no obligation for Grantor to do so. Grantor agrees not to construct any improvements or plant any shrubs or trees on the Water System Easement. In addition to the foregoing, Grantor and Grantee hereby agree that prior to constructing any fence or permanent buffer around the Water System Easement area, Grantee will give Grantor reasonable prior notice and an opportunity to assist, at Grantor's sole cost, in the design and construction of an attractive and sightly fence or permanent buffer in addition to or in lieu of the 3361\017:03131/05 -3- FORMS KSIMS1YBDIVERDANA FKAKENT 16MEASEMENT buffer designed by Grantee, subject to Grantee's final approval. To the extent that Grantee exercises its rights to cross adjacent property of Grantor as described in the last sentence of Section D.1, above, Grantee shall promptly restore to their prior condition any improvements or vegetation or landscaping of Grantor which is disturbed or altered by Grantee. E. Terms Applicable to Entire Agreement. i. Maintenance. Grantee shall, at its sole cost and expense, maintain in a safe condition all improvements installed by Grantee or at its direction or request within the easements herein described. Grantor shall, at its sole cost and expense, maintain in a safe condition all improvements installed by Grantor, or at its direction with the easements herein described. 2. Compliance with Laws. Grantee and Grantor shall each comply at all times with all laws, statutes, ordinances, rules and regulations now or hereafter in effect regarding their respective use and operation of any improvements on or under any of the easement areas described herein. 3. Default. If either party defaults in the observance or performance of any of the covenants under this Agreement, the other party shall be entitled, following notice to the other, to observe and perform such covenants to the extent necessary to protect their property or to protect or preserve the health or safety of Grantor, Grantee or either of their licensees and invitees, and to charge the other party the cost thereof. 4. Successors and Assigns. This Agreement runs with the land and all terms, covenants and conditions hereof shall extend to the benefit of and be binding upon, the successive successors, heirs and assigns of the parties hereto. 5. Counterpart Signatures. This Agreement may be signed in counterparts. GRANTOR GRANTEE: KENT 160 LLC, a Washington limited ' CITY OF KENT,WASHINGTON liability company By: By: Name: Name: J1 W W 'M j Its: Its: MkyOiZ 3361\017 03/31/05 4- FORM5 KS1MS\YBD\VERDANA FKA KENT 16MEASEMENf A STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of >2005,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and swom personally appeared Brian Ross, known to me to be the President of BRNW,Inc.,which is a member of Kent 160 LLC,the limited liabihty company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington,residing at My commission expires STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this / day of ,2005,before me,the undersigned,a Notary Public in and for th State of Washington, duly commissioned and swom personally appeared known to me to be the Mayor of City of Kent,Washington,the mu#ipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose taste signature appears on this document. WITNESS my hand and official seal ere affixed the da d yea the certificate above written. \`,�, D. &,I Si e + y+i y ' r A-•�..r w Print Name Bttii G '+ NOTARY PUBLIC in and f the State of �n *.'It_Orti1� Washington,residing a� %0'� WAf��q' My commission expires 69 3361\0I7:03/31/05 -5- FORMS KSIMS\YBD\VERDANA FKA KENT 1601EASEMENT EXHIBIT 1 LEGAL DESCRIPTION OF GRANTOR'S PROPERTY 3361\017.03/31/05 -6- FORM5 KSIMS\Y MERDANAFKAKENT160WASEMENT EXHIBIT A Page 1 PARCEL A: The south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the east 194 feet of the north half of said south half of the southeast quarter; ALSO EXCEPT that portion thereof lying within the right of way of 124`b Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The northeast quarter of the southwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124`s Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The north 3 acres of Tract 9, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington. Except any portion of the above described parcel which falls within lots 7 and B of the plat of The Sound Trustee Company's Third Addition, according to the plat thereof, recorded in volume 13 of plats, page 100 records of King County, Washington PARCEL B: Tract 9; EXCEPT the north 3 acres, and Tract 10; EXCEPT the south 120 feet thereof, all in The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington. EXHIBIT A Page 2 PARCEL C: The southeast quarter of the southwest quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124tb Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7411040248; ALSO EXCEPT that portion thereof lying within the right of way of Southeast 304tb Street; ALSO EXCEPT that portion thereof conveyed to King County for road purposes by deed recorded under Recording Number 6027009; ALSO EXCEPT that portion thereof described as follows: Beginning at the intersection of the west line of said subdivision and the northerly margin of Southeast 304tb Street; Thence north 01018I56" east, along the west line thereof, a distance of 700.00 feet; Thence south 75°381O1" east a distance of 472.02 feet; Thence south 23016116" east a distance of 664.25 feet to the northerly margin of said Southeast 304tb Street; Thence north 87*52116" west, along said northerly margin, a distance of 750.00 feet to the point of beginning. And Except that portion lying within Crystal Meadows according to the plat thereof, recorded in volume 194 of plats, pages 66 and 67, in the County of King County, Washington PARCEL D: Lot 3 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124tb Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL E: Lot 2 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. 8 EXHIBIT A Page 3 PARCEL F: Lot 4 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. And Except that portion of that certain Short Plat No. 1278076 recorded under recording number 7912210815 and all that portion of S.E. 292 ST. lying west of the northerly extension of the east line of said Short Plat. PARCEL G: Government Lot 3, Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124' Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040401; ALSO EXCEPT therefrom the following described tract: Beginning at the northeast corner of the above described property, being the TRUE POINT OF BEGINNING of the exception herein described; Thence west, along the north line of said Lot 3, a distance of 255.00 feet; Thence south, parallel with the east line of said Lot 3, a distance of 272.00 feet; Thence east, parallel with the north line of said Lot 3, a distance of 100.0 feet; Thence south, parallel with the east line of said Lot 3, a distance of 114.00 feet; Thence east, parallel with the north line of said Lot 3, a distance of 155.00 feet; Thence north, parallel with and 30.00 feet from the east line of said Lot 3, a distance of 387.00 feet to the TRUE POINT OF BEGINNING. 9 EXHIBIT A Page 4 PARCEL FT: Lot 1 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124t' Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL I: That portion of the south half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line: Beginning at the southeast corner of said tract; Thence north, along the east line thereof, a distance of 50.00 feet to the TRUE POINT OF BEGINNING of the line herein described; Thence in a northwesterly direction in a straight line to a point on the north line of the south half of said tract, which point lies 135.00 feet west of the east line of said tract, being the terminus of the line herein described. PARCEL J: The east 194 feet of the north half of the south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124`h Avenue Southeast, the westerly margin of which was established by deeds recorded under Recording Number 7412300186 and 7412300187. PARCEL K: That portion of the north half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line: Beginning at the southeast corner of said north half; Thence west, along the south line of said north half, a distance of 135.00 feet to the TRUE POINT OF BEGINNING of the line herein described; �0 EXHIBIT A Page 5 Thence in a northwesterly direction in a straight line to a point on the north line of said tract, which point lies 313.36 feet west of the northeast corner of said tract and is the terminus of the line herein described. PARCEL L: The east half of the south 120 feet of Tract 10, Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 200, in King County, Washington. END OF EXHIBIT A �t EXHIBIT 2 SKETCH AND LEGAL OF THE WATERLINE EASEMENT 3361\017 03/31/05 FORM5 KSIMS\YBDIVERDANAFKA KENT 1601EASEMENT Ex+t � 21 NORTH LINE SEC 4, TWP 21 N. RGE 5 E, WN 32 °I bi II I I I Ii !I� SCALE: 1"= 300' �II 0 15D 30D 600 ` ti I r 5�11 II I1�3000- WATERLINE EASEMENT II I 111 If �I 31 4 IJI POB EXHIBIT DISCLAIMER THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION ` SHALL PREVAIL IQ i WATERLINE EASEMENT EXHIBIT >- `\► tm N a, Q � YARROW SAYN gs o VERDANA ° " • N � KIND COUNrr, WASHINGTON 13 VERDANA GxHlpjiT Z, Dp ` TRIAD JOB NO.03-094 WATER EASEMENT LEGAL DESCRIPTION J MARCH 31,2005 THAT PORTION OF EAST HALF OF THE WEST HALF OF SECTION 4,TOWNSHIP 21 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH,BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 4,WHICH POINT LIES SOUTH 01'4445"WEST OF THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 83*01*45'EAST 1361.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01'53'09'EAST 193 01 FEET; THENCE NORTH 46.53'09"EAST 116.26 FEET; THENCE NORTH 01653M "EAST 2035.78 FEET TO A LINE 180.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION, AND THE TERMINUS OF THIS CENTERLINE. THE SOUTHERN BOUNDARY OF SAID CENTERLINE TO BE EXTENDED OR SHORTENED TO MEET THE NORTHERLY BOUNDARY OF THE EXISTING SPA POWERLINE EASEMENT. THE SIDE LINES OF TRACTS TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS. WRITTEN:MTSE CHECKED:REW T.S. G LAND OS exn�s iaosea< 11814 II5"Aw�NEX51219 46-SMan4.0756 F 42S,821348f 1K�.J�.LLIL�J■ 42BJit e44/•80¢48&0756 Fu 42S82139Bi ASBOCfAT E9 ����OC�' s EXHIBIT 3 SKETCH AND LEGAL OF THE 40 FOOT ACCESS AND UTILITY EASEMENT I 3361\017.03/31/05 15 FORM5 KSIMS\YBD\VERDANA FKA KENT 1601EASEMENT PyAir rr:� pae£ § / m m — . � R |� 0 a - . _■*! m [ i \§§7 q L � 9 §j)\ § 66; £ / , §§| 2 § | F 00 j k | \kj \ | j Kf LALA a § | }2§ | §�J !■q ; ., § | | | ACCESS AND UTILITY § ■ ■ EASEMENT EXHIBIT =HX § § am_er qA i % VFRDANA ` ) Xz _COMM ©SILW 7W — � • 5 F X Fuk�f (mac 2- VERDANA TRIAD JOB NO.03-094 ACCESS AND UTILITY LEGAL DESCRIPTION MARCH 28,2005 THAT PORTION OF OF GOVERNMENT LOT 3 OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,INKING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION, THENCE NORTH 88'58'11'WEST,ALONG THE NORTH LINE OF SAID SECTION, 285.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01*W46'WEST 40 FEET; THENCE NORTH 88'68.11-WEST,ALONG A LINE 40 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE,870.68 FEET,TO A POINT 160 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID GOVERNMENT LOT 3, THENCE NORTH 01'41.41'EAST,PARRALEL TO LAST SAID WEST LINE,40 00 FEET,TO A POINT ON SAID NORTH LINE; THENCE SOUTH 88'S8'11 EAST,ALONG SAID NORTH LINE 870 64 FEET TO THE TRUE POINT OF BEGINNING. WRITTEN.MTSE CHECKED:REW TA G� $p 1p4 WAS N ?O •• A�11 EO:'may!• M ..ASTER-J °AGL 1nNp s A� IIlt�IIS425821g8GM-F4SSZ13491 425[I18M8 Boo f330756-FM�353213<81SOCIAT lS �r7 •'' �a�m^ MOM=B s EXHIBIT 4 LEGAL OF THE ACCESS AND UTILITY EASEMENT FOR TACOMA WATERLINE CONNECTOR 3361\017 03/31/05 O FORM5 KSIMS\YBD\VERDANA FKA KENT IMEASEMENT EXHIBIT 4 ACCESS AND UTILITY EASMENT FOR TACOMA WATF,RLINE (.JON N f,CTOP, THE WEST 100.00 FEET OF THE EAST 130.00 FEET OF THE SOUTH 60.00 FEET OF THE NORTH 113.11 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON Iq EXHIBIT 5 SKETCH AND LEGAL OF THE WATER SYSTEM EASEMENT 3361\017:03/31/05 29 FORMS KSIMS\YBD\VERDANA FKA KENT 160\EASEmENT . , _E Feb » 2DD5 mer � u� _m�_�, _A . .8 \ ■ a . � k ■ _ J c> \ f//� x ,■R9 E5 >2® % Bum \ �`M L /;) �»2 ) ««q J2 ! ! | | COGEN FACILITY 2 § § EXHIBIT =Hx ® , amo-ar A : ; � ¥£pDAIVA |k § A ___ '� : �_�_� VERDANA �g!f S ](1,`l TRIAD JOB NO.03-094 COGEN FACILITY LEGAL DESCRIPTION V MARCH 28,2005 THAT PORTION OF OF GOVERNMENT LOT 3 OF SECTION 4,TOWNSHIP 21 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS, THE NORTH 160 FEET OF THE WEST 160 FEET OF SAID GOVERNMENT LOT 3. WRITTEN:MTSE CHECKED:REW GK T-S�t Ste' t. _ a +L u1� RI A D IIB791152SX219NF K W4N0M6-F&X49T039A623 1 iK�1�.LL►]JIJ� QSD31 lNS 8000M 0>r6-FAK 935 B2i 39B1 ASSOCIATES M � 1�BfiOC�Om Date: 29-Mar-05 Time: 03 :23 PM SELLER(S) ESTIMATED CLOSING STATEMENT Prepared by PACIFIC NORTHWEST TITLE COMPANY 116 WASHINGTON AVENUE NORTH KENT, WASHINGTON 98032 (253) 520-0805 Seller(s) : 41TY OF KENT Buyer(s) : KENT 160 LLC Lender: BANK OF AMERICA, N.A. Property: WATER IMPOUNDMENT PROJECT KENT WA 98031 Est Closing Date: 04/01/2005 Proration Date: 04/01/2005 Escrow Officer: JEAN JOHNSON File Number: 63089425 E DEBIT CREDIT SALES PRICE 11, 500, 000 . 00 PRORATIONS : COUNTY TAXES 6 .69 from 01/01/05 to 04/01/05 @ $ 0 .07433 per day ESCROW CHARGES: ESCROW CHARGES 4, 352 .00 PAYEE: PACIFIC NORTHWEST TITLE TITLE CHARGES: OWNER'S TITLE POLICY - #515554 13, 317 .12 Liability amount (OTP) $11,500, 000 .00 PAYEE: PACIFIC NORTHWEST TITLE RECORDING FEES/TRANSFER CHARGES: RECORDING FEES ESM amount $23 .00 23 .00 PAYEE: PACIFIC NORTHWEST TITLE MISCELLANEOUS CHARGES: RELEASE OF EARNEST MONEY 500, 000 .00 PAYEE: CITY OF KENT RELEASE OF EARNEST MONEY 1, 000, 000 .00 PAYEE: CITY OF KENT RELEASE OF EARNEST MONEY 1, 000, 000 .00 PAYEE: CITY OF KENT SUBTOTALS: 2, 517, 698.81 11, 500, 000 . 00 BALANCE DUE TO SELLER: 8, 982, 301.19 TOTALS: 11, 500, 000 .00 11, 500, 000 . 00 The undersigned acknowledge the above information was assembled from sources other than this company and therefore, this company cannot guarantee the accuracy thereof. Interest on existing liens is figured to the date indicated and additional interest may have to be collected, if necessary to secure release from the lienholder. We approve the foregoing settlement statement, in its entirety, authorize payments in accordance therewith and acknowledge receipt of a copy thereof. The Seller and Purchaser further acknowledge that all estimated statements are subject to audit and correction for error and omission. CITY OF KENT 2t BY:YN, BY: �M)OMM rT5, AMOK.. PACI C NORTHWEST TITLE COMPANY (Continued on next page) Page: 1 n ' Seller Estimated Closing Statement (continued) File Number: 63089425 BY: Page: 2 PACIFIC NORTHWEST TITLE Company of Washington, Inc. DECLARATION OF ESCROW SERVICES SELLER and/or PURCHASER/BORROWER acknowledge by their signatures below the following: 1. That the ESCROW AGENT is not acting as the advocate or representative of either party. 2 . That the documents submitted to this escrow will affect the legal rights of both parties 3 . That the parties interest in the documents may differ. 4. That each of the parties have a right to be represented by a lawyer of their own selection. 5. That the undersigned acknowledge that they have been advised that the ESCROW AGENT will not prepare any legal documents in connection with this escrow, and that the undersigned may select an attorney of their own choosing to do so. 6 . That the ESCROW AGENT cannot give legal advice as to the matter in which the documents affect the parties. Received and acknowledged this day of 20 PURCHASER/BORROWER: KENT 160 LLC A WASHINGTON LIMITED LIABILITY COMPANY BY: BY: BRIAN ROSS, PRESIDENT BRNW, INC. , MEMBER SELLER: CITY OF KENT A WA NGTON MUN C RPORATION BY: BY: Jt 1 E� 1 .7 / e o ) KENT OFFICE 116 Washington Avenue North A Kent,WA 98032-5717 & (255)520-0805 • Fax: (253)520-0864 http-4nwt.com • email:kent@pnwt.com CLOSING ESCROW INSTRUCTIONS PURCHASER: KENT 160 LLC, A WASHINGTON LIMITED LIABILITY COMPANY SELLER: CITY OF KENT, A WASHINGTON MUNICIPAL CORPORATION DATE: March 28, 2005 ESCROW NUMBER: 63089425 PRELIMINARY TITLE COMMITMENT NUMBER: 515554 PURCHASER AND SELLER HEREIN APPOINT AND APPROVE PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. , (hereinafter referred to as ESCROW AGENT) TO ACT AS ESCROW AGENT FOR THIS TRANSACTION. ESCROW AGENT is to be concerned only with the provisions specifically set forth in these instructions, which DO NOT incorporate the terms of the Purchase and Sale Agreement and Addenda (hereinafter referred to as the Agreement) executed by the parties and are not intended to amend, modify or supersede the terms and conditions set forth therein. CONDITIONS THAT SURVIVE ESCROW: The parties hereto agree that there may be certain conditions set forth in the above Agreement which may survive the closing of this escrow and ESCROW AGENT is to assume no responsibility or liability for such compliance. 1. SELLER herein deposits with ESCROW AGENT, pursuant to these instructions, the following: DOCUMENTS (X) Agreement (X) Declaration of Escrow Services (X) Excise Sales Tax Affidavit (X) Bargain and Sale Deed (X) Temporary Construction (X) FIRPTA Certificate (X) Easement �xn+i�r�e.r*,cr, which ESCROW AGENT is instructed to deliver, release an /or record when ESCROW AGENT has for the account of SELLER $11, 500, 000.00, subject to any charges and/or credits authorized herein. 2. PURCHASER herein deposits with ESCROW AGENT the funds required to close, in the form of a cashier' s check, wired and/or collected funds in accordance with the Collected Funds Law (RCW 18.44 .070) ; loan proceeds, if applicable; and the following: DOCUMENTS (X) Agreement (XI Excise Tax Affidavit (X) Declaration of Escrow Services Cx Ea9e"ne"+-R (X) Note (X) Deed of Trust! (X) Other Pertinent Lender Documents (4 ^[vm u ('mac. Lkc:A 4 ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63089425*- DATE: March 28, 2005 which sums and documents are required to be deposited prior to closing, and which ESCROW AGENT is instructed to disburse and/or deliver, as required to fulfill these instructions and when it has a policy or policies of title insurance or commitments therefor in the form(s) and amount(s) as follows: Title Commitment/Policy (X) Owner' s ALTA Standard Amount: $11, 500, 000 . 00 (X) Mortgagee's ALTA Extended Amount: $8, 600, 000 . 00 The undersigned PURCHASER and SELLER have received, reviewed and approved for use in this escrow the preliminary commitment for title insurance, including any supplementals thereto and have reviewed and approved the legal description and general and special exceptions including the covenants, conditions and restrictions affecting said property as stated on the commitment. The policy or policies issued will contain the insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed p o uch orm(s,) and to exceptions shown in the Ja 22Mffl'-__ 34, ewa eo ru THE UND,ERS G _DdSE LER ,�EREBtY CEEW THAT HRE AREaNO LIENS AND/OR ENCUMBRANCES AFFECTING SAID PROPERTY OTHER THAN AS SHOWN IN THE PRELIMINARY COMMITMENT. THE PURCHASER AND SELLER CERTIFY THAT THEY HAVE DEPOSITED INTO THIS ESCROW ALL ADDENDA TO THE PURCHASE AND SALE AGREEMENT. THE PURCHASER AND SELLER HAVE EXAMINED AND HEREBY APPROVE FOR USE IN THIS ESCROW THE ABOVE LISTED DOCUMENTS. 3 . A. CLOSING STATEMENTS: ESCROW AGENT shall prepare closing statements which by reference herein are made a part hereof OR otherwise account to the parties for all funds received and disbursed hereunder at the time of final settlement and closing of this escrow. ESCROW AGENT shall not be liable for the accuracy of information furnished to it by other persons in the normal course of business, or the failure to adjust items not designated in writing. The parties hereto agree to pay all their proper costs and fees, including any adjustments. Additional amounts which may become due for any reason shall be promptly paid to ESCROW AGENT by the party owing such amounts. However, any advance made at its option shall be promptly reimbursed by the party for whom it is advanced and such optional advance shall not be an admission of liability on the part of the ESCROW AGENT. ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63089425 '; DATE: March 28, 2005 B. PRORATIONS: Adjustment items shall be prorated on the basis of a 365 day calendar year. ESCROW AGENT shall account for adjustments, credit and charges of expense items according to the custom and usage of the community. ESCROW AGENT is instructed to prorate as of the actual date of closing, the following: 2005 Real Estate Taxes (Special District only) C. ESCROW DEPOSITS: All money received by ESCROW AGENT in this escrow is to be deposited in escrow bank accounts controlled by ESCROW AGENT pending closing. ESCROW AGENT receives banking benefits from non-interest bearing trust account deposits. These benefits may be in the form of but not limited to miscellaneous banking, accounting and computer support services. If an interest bearing account is to be established, ESCROW AGENT must be so advised in writing, prior to the deposit of funds, and furnished with a Federal Tax Identification Number. D. CLOSING: If this escrow has not been placed in a position to close by May 1, 2005, the above items deposited by the parties hereto except earnest money, are to be returned to same upon written demand, at which time PURCHASER and SELLER will pay all charges in connection herewith. In the absence Of such written demand, ESCROW AGENT will proceed with closing in an expeditious manner. E. UNCLAIMED PROPERTY: If checks distributed during the closing process to the last known address of the applicable payee (s) remain uncashed, then ESCROW AGENT may charge an annual fee of up to $60.00 for custody and administration of the unclaimed property. ESCROW AGENT will make a reasonable attempt to contact applicable payee (s) and reissue check(s) , net of accrued annual fees. Per Washington State law, any remaining unclaimed personal property will be forwarded to the State of Washington three (3) years from the date the uncashed check was issued. 4. A. UTILITIES: In the event SELLER has not complied with the provisions of RCW 60 .80, SELLER and PURCHASER waive the services of ESCROW AGENT to satisfy unpaid utility charges and agree to settle final bills outside escrow. This pro- vision includes but not limited to water, garbage, sewer, telephone, metro, electricity, gas and Metro Capacity Charge. ESCROW AGENT shall not be responsible for determination of remaining oil, nor payment thereof. B. FIRE OR CASUALTY INSURANCE: If a new policy of fire, hazard or casualty insurance on the property is required to close the transaction, the PURCHASER will arrange for the policy to be issued, outside of escrow, and will pro- vide evidence of the coverage to the ESCROW AGENT prior to closing. ESCROW AGENT shall have no responsiblity nor liability for obtaining hazard/homeowner insurance. C. INFORMATION TO OTHERS: ESCROW AGENT is authorized and in- structed to furnish, upon request, information concerning this escrow to the listing and/or selling real estate broker, ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63089425%,,�- DATE: March 28, 2005 the lender financing this transaction, if any, and attorneys representing the SELLER or PURCHASER. D. FIRPTA: If any seller is a non-resident alien or foreign corporation, partnership, trust or estate for the purposes of United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities under the Foreign Investment in Real Property Tax Act (Section 1445 of IRC) . The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such Act. E. LIABILITY LIMITATIONS: Without limitation ESCROW AGENT shall not be liable for any lose or damage resulting from following: 1. Any default, error, action, omission of, or misrepresenta- tions made by any other party. 2 . The expiration of any time limit or other delay, unless such time limit was known to ESCROW AGENT and such loss is caused solely by failure of ESCROW AGENT to proceed in its ordinary course of business. 3 . Any loss or impairment of funds deposited in escrow in the course of collection or while on deposit with a bank, savings bank or savings association resulting from failure, insolvency or suspension of such institution. 4 . ESCROW AGENT complying with any and all legal process, writs, orders, judgments and decrees of any court whether subsequently vacated, modified, set aside or reversed. F. DISPUTES: Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property of funds involved in the transaction, the ESCROW AGENT may, at its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. ESCROW AGENT is authorized to deduct, prior to deposit of funds in the court, a reasonable sum for costs of attorneys fees and filing fees. Upon depositing said funds and documents with the court, the ESCROW AGENT shall have no further duties or responsibilities under these instructions. G. COUNTERPARTS: These escrow instructions may be executed in counterparts with like effect as if all signatures appeared on a single copy. H. UNDERLYING ENCUMBRANCES: SELLER acknowledges that if any underlying encumbrance(s) is to be paid in full as a part of this escrow, said payoff is based upon a written statement (s) by the Holder/Servicer. Said statement(s) will be updated verbally prior to closing. Interest is to be collected to such date as estimated by the ESCROW AGENT to be sufficient for the Holder/Servicer to have received payoff by regular certified mail or courier. SELLER is responsible for any additional fees, interest or require- ments in order to obtain necessary documents for release of ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63089425 ' DATE: March 28, 2005 such encumbrance(s) . I. DISBURSEMENTS: Payments disbursed hereunder will conform to the usual and customary practice of the industry and ESCROW AGENT is not responsible for any delays caused by such delivery. J. LOAN FUNDS: In the event any portion of the PURCHASER'S required deposit is in the form of loan funds from a lender, PURCHASER and SELLER authorize recording of the within deposited documents prior to the lender funding their loan. It is understood that SELLER' s proceeds will be disbursed upon receipt of the loan funds from the new lender. K. ADVANCE OF EXCISE TAX: PURCHASER and SELLER acknowledge the Excise Tax, if required must be paid prior to closing and authorize ESCROW AGENT to pay such tax. L. POSSESSION: Delivery of Personal Property or transfer of possession of Real Property or condition of either shall not be a part of this escrow nor an obligation of the ESCROW AGENT. M. THIRD PARTY: PURCHASER and SELLER acknowledge that third party written instructions may be submitted into this escrow. Unless such instructions conflict with these instructions, they shall be incorporated herein. N. FORM 1099-S: In compliance with the Tax Reform Act of 1986, and any amendments thereto, SELLER shall provide all information necessary, including a Taxpayer Identification Number (TIN) , preparation of a Form 1099-S as required by the Internal Revenue Service. ESCROW AGENT retains the option of not closing the escrow if adequate information is not provided. 0. CANCELLATION: These instructions may be cancelled by a written agreement signed by all of the parties. Upon receipt of such agreement and payment of the ESCROW AGENT'S fees, costs and expenses, including but not limited to cancellation fees for title insurance and escrow services, the ESCROW AGENT shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. P. All contingencies and/or conditions as set forth in the Purchase and Sale Agreement and Addenda have been fully met or waived. ESCROW AGENT is hereby removed from any responsibility and/or liability for same and is instructed to proceed with closing. Q. LEGAL DESCRIPTION. The undersigned PURCHASER and SELLER herein accept, approve and authorize the use of the legal description as evidenced in Preliminary Title Report No. 515554 . I HAVE BEEN AFFORDED ADEQUATE TIME AND OPPORTUNITY TO READ AND UNDERSTAND THESE ESCROW INSTRUCTIONS AND ALL OTHER DOCUMENTS REFERRED TO HEREIN. ESCROW INSTRUCTIONS (continued from previous page) ESCROW NUMBER: 63089425 ' DATE: March 28, 2005 KENT 160 LLC A WASHINGTON LIMITED LIABILITY COMPANY BY: BY: BRIAN ROSS, PRESIDENT BRNW, INC. , MEMBER DATED: Purchaser' s Forwarding Address: MOVE IN DATE: 825 5TH AVENUE, #202, KIRKLAND, WA 98033 NEW PHONE NUMBER: CITY OF KENT A WASHINOTON MUNICIPAL CORPORATION BY:X _ BY: DATED: �_/ -d MOVE OUT DATE: Sellers Forwarding Address: NEW PHONE NUMBER: CERTIFICATE OF NON-FOREIGN ST4TUS BY ,SNTITY TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of the U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. 2 . In order to inform each transferee that withholding of tax is not required upon disposition of a U.S. real Property interest by CITY OF KENT (hereinafter referred to as the "transferor") , the undersigned hereby certifies, and declares by means of this certification, the following on behalf of the transferor: A. The one item marked below is true and correct: The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal Revenue Code and Income Tax Regulations. ) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U.S. Corp. under section 897 (i) of the Internal Revenue Code, AND HAS ATTACHED A TRUE AND GENUINE COPY OF THE ACKNOWLEDGEMENT OF SUCH ELECTIONS ISSUED BY THE IRS. B. The Transferor' s Employer identification number is y/— aoolz s-fz C. The Transferor' s office address is 98a�Z- 3 . The Transferor understands that this certificate may be disclosed to the I .R.S. by the transferee and that any false statement contained in the certification may be punished by fine and/or imprisonment. 4. The Transferor understands that each transferee is relying on this certificate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false. 5. The Transferor hereby indemnifies each transferee, and agrees to hold each transferee harmless, from any liability or cost which such transferee may occur as a result of: (i) the Transferor' s failure to pay any U.S. Federal income tax which transferee is required to pay under applicable U.S. law, or (ii) any false or misleading statement contained herein. Under penalties of perjury, I declare that I have examined this certification and that to the best of my knowledge and belief it is true, correct, and complete; I further declare that I have authority to sign this document on behalf of the Transferor. Executed in King County, State of Washington on AML l , 2005 CITY OF KENT, a Wa ngton municipal corporation BY: /OK VRVI-C IT :MAYOR -(� PLEASE TYPE OR PRINT REM.,°EST'ATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE SEE REVERSE CHAPTER 82.45 RCW-CHAPTER 458-61 WAC when stamped by cashier FOR USE AT COUNTY TREASURER'S OFFICE (Use Form No.84-0001 B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED i. SELLER/GRANTOR 2. 1 BUYER/GRANTEE Name CITY OF RENT Name KENT 160 LLC A WASHINGTON MUNICIPAL CORPORATION A WASHINGTON LIMITED LIABILITY COMPANY Street 220 4TH AVENUE SOUTH Street 825 5TH AVENUE, #202 City/State/Zip KENT, WA 98032 City/State/Zip KIRKLAND, WA 98033 3. 1 ADDRESS TO SEND ALL PROPERTY TAX ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE RELATED CORRESPONDENCE ASSESSED VALUE IF TAX EXEMPT Name SAME AS ABOVE GRANTEE 786700-0046-03 Street 04210 5-9 016-09 C,ty/State/Zip 4. LEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑ UNINCORPORATED COUNTY❑ OR IN CITY OF KENT Address(ifpropertyisimproved): WATER IMPOUNDMENT PROTECT KEW, WA 98031 LEGAL DESCRIPTION AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 5. Is this property currently: YES NO 6. Descn ition of personal property included in gross selling price,both tangible(eg;furniture,equipment,etc)or intangible(eg;goodwill, Classified or designated as forest land9 agreement not to compete,etc.) Chapter 84.33 RCW Classified as current use land(open space,farm and agricultural,or timber)?Chapter 84.34 RCW Exempt from property tax as a nonprofit _ _ or anization9 Chapter 84 36 RCW If exemption claimed,list WAC number and explanation. Seller's Exempt Reg.No. __^_---__ WAC No.(See/Sub) 458-61-420(1) Receiving special valuation as historic _ _ Explanation GOVERNMENT TRANSFER property? Chapter 84 26 RCW Property Type: _land only _land with new building land with previously used building land with mobile home Type of Document BARGAIN AND SALE DEED _timber only _building only Date of Document March 28, 2005 Principal Use: _Apt.(4+unit) _residential _timber _agricultural _commercial/industrial Gross Selling Price $ 11,500,000.00 other Personal Property(deduct) $ 0.00 8. Taxable Selling Price $ 0.00 (1)NOTICE OF CONTINUANCE(RCW 84.33 OR RCW 84.34) Excise Tax: State $ 0.00 If the new owner(s)of land that is classified or designated as current use Local $ 0.00 or forest land wish to continue the classification or designation of such Delinquent Interest: State $ 0.00 land,the new owner(s)must sign below. If the new owner(s)do not desire Local $ 0.00 to continue such classification or designation,all compensating or Delinquent Penalty $ 0.00 additional tax calculated pursuant to RCW 84.33 120 and 140 or RCW 84 34.108 shall be due and payable by the seller or transferor at the time Total Due $ 0.00 of sale. The county assessor must detemane if the land transferred A MINIMUM OF$2.00 IS DUE AS A PROCESSING FEE AND TAX. qualifies to continue classification or designation and must so indicate below. Signatures do not nesessanly mean the land will remain in classification or designation. If it no longer qualifies,it will be removed 7. AFFIDAVIT and the compensating taxes will be applied. All new owners must sign. I Certify Under Penalty of Perjury Under the Laws of the State of Washington That the Foregoing Is Tru d Correct This land ❑ does ❑ does not qualify for continuance. Date Signature of X DEPUTY ASSESSOR Grantor/Agent Q4�11,w (2) NOTICE OF COMPLIANCE(Chapter 84.26 RCW) Name(print) JA 14 M. 01Z If the new owner(s)of property with special valuation as historic property Date and Place Sigmng: ftk f I WdSN1WLt'i 17h1 wish to continue this special valuation the new owner(s)must sign below. If the new owner(s)do not desire to continue such special valuation,all / additional tax calculated pursuant to Chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. Signature of (3) OWNER(S)SIGNATURE Grantee/Agent Name(print) Date&Place of Signing. Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional mstitution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or both imprisonment and fine(RCW 9A.20.020(IC)). REV 84 0001a(3-18-99)(PD 08-01-01) FOR TREASURER'S USE ONLY [] COUNTY TREASURER PACIFIC NORTHWEST TITLE COMPANY DEPT.OF REVENUE 215 COLUMBIA STREET 0 COUNTY ASSESSOR SEATTLE,WA 98104 0 TAXPAYER CLOSINGIRECORDINI; INS I HU4I lulus UNIT# 12 TO: PACIFIC NORTHWEST TITLE COMPAW TITLE NO. 515554 CUSTOMER NO. 63089425 ABI DATE March 28, 2005 Proceed as follows: XX EXAMINE AND HOLD OR RECORD ON PENDING FURTHER INSTRUCTIONS (DATE) 1. Onsert Closer name and address) L Send additional copies to,(Delivery address it applicable( Pacific Northwest Title Company BANK OF AMERICA, N.A. JEAN JOHNSON 116 WASHINGTON AVENUE N. 10500 NE STH ST, #400 KENT, 9803 PacifiIIE, NA est T ey: � (Close) Company: Pacific Northwest Title Company File No. _2. File No. _3. File No. CID IN 4. DEED FROM CITY OF KIM TO KFM 160 LLC File No. Excise Tax Affidavit XX Check for Payment of Excise Tax_ Excise No. 5. DEED FROM TO File No. Excise Tax Affidavit_ Check far Payment of Exton Tax_ Excise No. 09 O. DEED OF TRUST FROM KENT 160 LLC TO BANK OF AM File No. _T. DEED OF TRUST FROM TO File No. 9. ASSIGNMENT or DEED ar MUST FROM TO File No. Insert Recording No.of DT an ADT prior to recording l/'fir)XX 9. TEMPORARY CONST. EASEMENT File No. t0. File No. _11. File No. _12. File No. _13. RELEASE for or imE couearxaar File No. xx TAXES: Pay per attached check _Shmw CO Policy Xg_Chack to follow ,f�`l NA EMAIL NUMBERS TO:mowiu KATE SCOTT / d"5S'Ss `r iiftj KAT SIMS (KSIMSQALCOIIRT.CON) BILL CHARGES TO: PNWT-KBNT $�ISSUE POLICY showing Tab In PER BSD —HOLD POLICY rau:yrwa..i..va.a.a Expanded Owners ZZSEND OWNERS POLICY TO:PURCHASER ]�SEND LOAN POLICY TO: LENDER ONLY AFTER ABOVE DEED OF TRUST IS ASSIGNED XX ENDS. 100.110.IA.ALTA 8.1,116.4 _SEND 2ND LOAN POLICY TO: F ZZ PARAGRAPHS TO SHOW on Policy: 1 THROU i 32 OF TEE 1ST AN TITLE PROFORMA t _ADDITIONAL INSTRUCTIONS: _The above information affects the title to the property covered by our preliminary commitment but IS NOT intended to represent a complete update. _The Title is now vested in: There have been no other changes in the title to the property covered since our report,except: _PARAGRAPH No.1s) of our preliminary commitment has(have)been eliminated. _POLICY TO FOLLOW —POLICY MAY BE ISSUED ONLY WHEN THE FOLLOWING MATTERS HAVE BEEN CLEARED: PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON.INC 20 BY: PLEASE TYPE OR PRINT AL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE SEE REVERSE �'M&TFaWA5 RCW-CHAPTER 458-61 WAC when stamped by cashier FOR USE AT COUNTY TREASURER'S OFFICE (Use Form No.84-M tB for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED 1. SELLER/GRANTOR 2- 1 BUYER/GRANTEE Name CITY OF KENT _ Name KENT_160 LLC A WASHINGTON MUNICIPAL CORPORATION A WASHINGTOa LIMITED LIABILITY COMPANY Street 220 4TH AVENUE SOUTH Street $25 5TH AVENUE. #202 City/State/Dp KENT, WA 98032 City/State/Zip KIRKLAND, WA 98033 3. ADDRESS TO SEND ALL PROPERTY TAX ALL TAX PARCEL NUMBERS COUNTY TREASURER PLACE RELATED CORRESPONDENCE ASSESSED VALUE IF TAX EXEMPT Name SAME AS ABOVE GRANTEE 786700-0046-03 Street 042105-9016-09 City/State/Zip 14, I LEGAL DESCRIPTION OF PROPERTY SITUATED W ❑ UNINCORPORATED COUNTY❑ OR IN CITY OF KENT SLrfeeJt Address(if property isimproved). WATER IMPOUNDMENT PROJECT KENT, WA 98031 LEGAL DESCRIPTION AS SET FORTH IN EXHIBIT "Aa ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 6. Description of personal property included in gross selling price,both L5 Is this property currently: YES NO tangible(eg,furniture,equipment, etc)or intangible(eg,goodwill, Classified or designated as forest land? _ _ agreement not to compete,etc) Chapter 84.33 RCW Classified as current use land(open space,farm and agricultural,or timber)?Chapter 84.34 RCW Exempt from property tax as a nonprofit _ organization? Chapter 84.36 RCW — If exemption claimed,list WAC number and explanation. Seller's Exempt Reg.No _------__ WAC No. (Sec/Sub) 458-61-420(1) Receiving special valuation as historic _ _ Explanation GOVERNMENT TRANSFER property? Chapter 84 26 RCW Property Type: _land only _land with new building land with previously used building `land with mobile home Type of Document BARGAIN AND SALE DEED timber only building only Date of Document March 28, 2005 Principal Use: _Apt.(4+unit) _residential _timber _agricultural _commereiallindustrial Gross Selling Price $ 11,500,000.00 _other Personal Property(deduct) $ 0.00 Taxable Selling Price $ 0.00 8. (1)NOTICE OF CONTINUANCE(RCW 84 33 OR RCW 84.34) Excise Tax. State $ 0.00 If the new owner(s)of land that is classified or designated as current use Local $ 0.00 or forest land wish to continue the classification or designation of such Delinquent Interest• State $ 0.00 land,the new owner(s)must sign below If the new owner(s)do not desire Local $ 0.00 to continue such classification or designation,all compensating or Delinquent Penalty $ 0.0 0 additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84 34 108 shall be due and payable by the seller or transferor at the time Total Due $ 0.00 of sale. The county assessor must determine if the land transferred A MINIMUM OF$2.00 IS DUE AS A PROCESSING FEE AND TAX. qualifies to continue classification or designation and must so indicate below Signatures do not nesessadly mean the land will remain in classification or designation If it no longer qualifies,it will be removed 7. AFFIDAVIT and the compensating taxes will be applied. All new owners must sign. I Certify Under Penalty of Perjury Under the Laws of the State of Washington That the Foregoing Is True And Correct. This land El does ❑ does not qualify for continuants. Date Signature of DEPUTY ASSESSOR Grantor/Agent (2) NOTICE OF COMPLIANCE(Chapter 84.26 RCW) Name(print) If the new owner(s)of property with special valuation as historic property Date and Place of Signing wish to continue this special valuation the new owner(s)must sign below If the new owner(s)do not desire to continue such special valuation,all additional tax calculated pursuant to Chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE SignatureteeJ G ran g Agent Name(print) tr i q ui X ez-_s 9 W Wt C Date&Place of Signing: 30 ?005 - i<1. V W,,X Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000 00),or both imprisonment and fine(RCW 9A 20.020(IQ). REV 84 0001a(3-18-99)(PD 08-01-01) FOR TREASURER'S USE ONLY [] COUNTY TREASURER PACIFIC NORTHWEST TITLE COMPANY [] DEPT.OF REVENUE 215 COLUMBIA STREET COUNTY ASSESSOR SEATTLE,WA 98104 0 TAXPAYER