INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF BURIEN
and
THE PORT OF SEATTLE
THIS INTERLOCAL AGREEMENT, hereinafter referred to as the "Agreement", is entered into
pursuant to Chapters 39.33 and 39.34 RCW by and between the CITY OF BURIEN, a Washington
municipal corporation (hereinafter referred to as the "City") and the PORT OF SEATTLE, a Washington
municipal corporation (hereinafter referred to as the "Port").
RECITALS
A.  The City is a non-charter code city organized pursuant to Chapter 35A.13 RCW of the laws of the
State of Washington having authority to enact laws and enter into agreements to promote the
health, safety, and welfare of its citizens, and thereby control the use and development of property
within its jurisdiction.
B.  The Port is a municipal corporation, with authority under the Revised Airports Act, Chapter 14.08
RCW; the Airport Zoning Act, Chapter 14.12 RCW, the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW; certain port district enabling statutes; and other state and local laws, to
exercise discretionary land use jurisdiction over real property located with its boundaries.
C.  The City has designated an approximately 158-acre area located northwest of Sea-Tac Airport as its
Northeast Redevelopment Area ("NERA").
D. The NERA includes about 55 acres of Port-owned property, most of which is "noise property"
acquired under the Federal Aviation Administration's ("FAA") Part 150 regulations. Consequently,
the FAA must review and approve the use, lease, disposal and payment of any Port funds related to
this property.
E.  The City and the Port share the goal of transitioning the NERA into a mix of airport-compatible
commercial, retail and/or light industrial uses. More specifically, the City envisions development of 
an auto mall on the southern portion of the NERA and the Port envisions development of light
industrial facilities that will support air cargo growth at SeaTac Airport on the northern portion of
the NERA.
F.  The City and the Port jointly prepared a redevelopment strategy for the NERA in April, 2010.  The
City and the Port now desire to further implement that strategy through collaborative planning and
other mutual actions to facilitate private sector investment in redevelopment of the NERA.
G. The City and the Port are entering into this Agreement pursuant to the authority granted in Chapter
39.33 Revised Code of Washington, (Intergovernmental Disposition of Property Act) which permits a

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political subdivision of the State of Washington to sell real property interests to the State or any
municipality or any political subdivision thereof on such terms and conditions as may be mutually
agreed upon by the proper authority of the state and/or the subdivisions concerned and pursuant
to the authority granted in Chapter 39.34 Revised Code of Washington, (Interlocal Cooperation Act). 
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants of the parties contained
herein, and pursuant to Chapters 39.33 and 39.34 RCW, the parties hereto agree as follows:
AGREEMENT 
SECTION 1. DEFINED TERMS
1.1    Agreement. This Interlocal Agreement between the City and the Port.
1.2    Appraisal.  The fair market value appraisal obtained by the Port prepared
by CIC Valuation Group, Inc. dated August 15, 2013 to determine the value of the
Stormwater Facilities Easements, the Shared Use Path Easement, and the 12th Place
South street vacation. 
1.3    BMC. The Burien Municipal Code.
1.4    City. The City of Burien, a municipality of the State of Washington, which exercises
governmental functions and powers pursuant to the laws of the State of Washington and the BMC. The
principal office of the City is located at 400 152nd Street, Suite 300, Burien, Washington 98166.
1.5    Master Drainage Plan. The comprehensive plan for managing stormwater throughout
the NERA, including flow control and runoff treatment, prepared by Otak and dated December, 2013. 
1.6    MOA. The Memorandum of Agreement entered into between the City and the Port
dated January 31, 2013. 
1.7    NERA. The Northeast Redevelopment Area, an approximately 158-acre area bounded
by South 138th Street on the north, Des Moines Memorial Drive to the east and south, and 8th Avenue
South to the west, as depicted on Exhibit 1. 
1.8    Port.  The Port of Seattle, a municipal corporation, which exercises governmental
functions and powers pursuant to the laws of the State of Washington. The principal office of the Port is
located at 2711 Alaskan Way, Seattle, Washington 98121.
1.9    Regional Stormwater Project. The City's project to design, construct, own, operate and
maintain stormwater improvements for the NERA. The first phase covers 55 acres and includes 4 of the
7 required stormwater management facilities (Facilities #3, #4, and #5/6). The project will also include

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pre-treatment/water quality components, channel and floodplain improvements, enhancements along
Miller Creek, and a 2,736 feet long shared use path for operations and maintenance of the stormwater
facilities and for bicycle and pedestrian access.
SECTION 2. PURPOSE 
2.1    General. The City and the Port are entering into this Agreement as a means to further
facilitate redevelopment of the NERA Plan through additional cooperation and completion of mutual
actions.
2.2    Cooperative Actions. The City and the Port agree to undertake and complete the
following separate, but related, activities:
2.2.1 Master Drainage Plan. The City will finalize preparation of the Master Drainage
Plan for the NERA. Per the MOA, the Port will contribute to the City a portion of
the costs to prepare the plan.
2.2.2 Regional Stormwater Project.  Per the Master Drainage Plan, the City will
design the Regional Stormwater Project. The Port will convey to the City certain
easements needed by the City to construct, own and permanently operate and
maintain the stormwater facilities. The Port will also contribute to the City a
portion of the costs to construct two of the facilities (Facilities #3 and #4) that
almost exclusively benefit Port property.
2.2.3 Shared Use Path. Per the Master Drainage Plan, the City will design and
construct an approximately 2,736 feet long path that will provide vehicular
access for operations and maintenance for the Regional Stormwater Project as
well as pedestrian and bicycle access through the NERA. The Port will convey to
the City an easement needed by the City to construct, own and permanently
operate and maintain the path.
2.2.4 Street Vacation. The City will initiate and complete a street vacation of 12th 
Place South, which will enable the Port to complete assemblage of its properties
in the NERA. 
2.2.5 SR 518 Interchange Improvements.  The City will complete design of an
eastbound off-ramp from State Route 518 at Des Moines Memorial Drive to
enable better vehicular access to the NERA. After final design, the Port expects
to convey to the City or to the Washington State Department of Transportation
("WSDOT") the Port-owned property needed to construct the eastbound offramp.

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2.2.6 Pilot Program. The Port will prepare and submit, with the City's assistance, an
application to the FAA for additional planning and design funds for NERA
infrastructure as part of the FAA's pilot program for redevelopment of "noise
property."
SECTION 3. MASTER DRAINAGE PLAN
3.1    General. The Master Drainage Plan details the comprehensive approach to addressing
surface water runoff associated with redeveloping the NERA.
3.2    Memorandum of Agreement. The MOA provides for the Port contributing up to One
Hundred Thirty-One Thousand Four Hundred Dollars ($131,400) of the total project budget of Three
Hundred Sixty-Five Thousand Dollars ($365,000) toward completion of the Master Drainage Plan. The
Port's share represents thirty-six percent (36%) of the total budget and is based on the Port's
percentage ownership of the total acreage within the NERA. The Port owns approximately forty-seven
percent (47%) of the area studied by the Master Drainage Plan and approximately fifty-three percent
(53%) of the area covered by the first phase of the Regional Stormwater Project. The MOA is attached
hereto as Exhibit 2 and incorporated herein by this reference.
SECTION 4. REGIONAL STORMWATER PROJECT
4.1    General. The Regional Stormwater Project will be designed, built, owned, operated and
maintained by the City based on the Master Drainage Plan.
4.2    Stormwater Facilities. Four of the seven required stormwater management facilities
are to be constructed as part of the first phase of the Regional Stormwater Project. The four facilities
are Facility #3, Facility #4, and Facility #5/6 as shown on Exhibit 1 attached hereto and incorporated
herein.
Although physically separate, Facilities #5 and #6 function as a single facility. Facility #5 will be located
on City property. It will collect, treat, and manage storm water runoff from the surrounding area and is
designed to infiltrate up through a 50-year storm event. Any water received beyond the infiltration
capacity of Facility #5 will be bypassed to Facility #6. Facility #6 will be located on Port property, will
serve as an emergency overflow location for Facility #5, and will receive water during severe storm
events when Facility #5 is in bypass mode. 
4.3    Easements.   To enable construction and long-term ownership, operation and
maintenance of Facilities #3, #4 and #5/6, the City needs to acquire easements from the Port. The Port
agrees to convey to the City, and the City agrees to acquire from the Port, a non-exclusive easement
for Facility #3 in a form substantially the same as Exhibit 3, a non-exclusive easement for Facility #4 in
a form substantially the same as Exhibit 4, an exclusive easement for Facility #6 in a form substantially
the same as Exhibit 5, and a Temporary Construction Easement in a form substantially the same as
Exhibit 6 (collectively, the "Stormwater Facilities Easements"). 

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4.4    Value of Easements. The Port agrees to convey to the City, and the City 
agrees to pay the Port, at Closing as set forth in Section 9, the following amounts for
the Stormwater Facilities Easements: 
4.4.1 Facility #3. The Port agrees to convey the Facility #3 Easement to the City for
Thirteen Thousand Eight Hundred Eighty-Nine Dollars ($13,889). This amount is
ten percent (10%) of the property's fair market value as determined by the
Appraisal and represents the amount of benefit Facility #3 provides to non-Port
properties.  The Port agrees to convey the Facility #3 Easement at the
discounted amount, because the City's Regional Stormwater Project frees the
Port from having to construct separate stormwater management facilities that
the Port would otherwise be required to build on its property as a condition of
the City's granting permits for development of the property. Facility #3 drains
Basin 3, as shown on Exhibit 1, in which the Port owns approximately 5.03 of
the total 5.6 acres or about ninety percent (90%) of the basin's total acreage.
Therefore, Facility #3 almost exclusively benefits redevelopment of Port
property. 
4.4.2 Facility #4. The Port agrees to convey the Facility #4 Easement to the City for
Fourteen Thousand Nine Hundred Sixty-One Dollars ($14,961). This amount is
thirteen percent (13%) of the property's fair market value as determined by the
Appraisal and represents the amount of benefit Facility #4 provides to non-Port
properties.  The Port agrees to convey the Facility #4 Easement at the
discounted amount, because the City's Regional Stormwater Project frees the
Port from having to construct separate stormwater management facilities that
the Port would otherwise be required to build on its property as a condition of
the City's granting permits for development of the property. Facility #4 drains
Basin 4, as shown on Exhibit 1, in which the Port owns approximately 10.42 of
the total 12 acres or about eight-seven percent (87%) of the basin's total
acreage. Therefore, Facility #4 almost exclusively benefits redevelopment of
Port property.
4.4.3 Facility #5/6. The Port agrees to convey the Facility #6 Easement to the City at
no cost. As explained in Section 4.2 above, Facility #5/6 functions as a single
facility. Non-Port property comprises approximately sixty percent (60%) of the
property in Basin 5/6, as shown on Exhibit 1, that will benefit from Facility #6's
location on Port-owned land.  The fair market value as determined by the
Appraisal of the benefit to non-Port property equals $113,219 (60% of the
$188,698 appraised value of the Facility #6 Easement). Port-owned property
comprises approximately forty percent (40%) of the property that will benefit
from Facility #5 being located on City-owned land. The fair market value as

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determined by the Appraisal of the benefit to Port property equals $208,440
(40% of the $521,100 appraised value of the Facility #5 Easement). The Port
receives a net benefit from the Facility #6 Easement, and this easement further
relieves the Port from having to construct separate and larger stormwater
management facilities that the Port would otherwise be required to build solely
on its property as a condition of the City's granting permits for development of
the property.
4.4.4 Temporary Construction Easement. The Port agrees to grant the Temporary
Construction Easement to the City for Eight Thousand Seven Hundred Twenty-
Four Dollars ($8,724.00). This amount represents a nine percent (9%) annual
return on the fee value of the needed property based on the Appraisal. 
4.5    Port Stormwater Contribution.  The City has requested, and the Port agrees to
contribute, a portion of the design and construction costs for the first phase of the Regional Stormwater
Project.
4.5.1 State Grant Funds. The City has secured grant funding from the Washington
State Departments of Commerce and Ecology of approximately $4,500,000 for
the Regional Stormwater Project. However, this grant funding is not sufficient
to cover the approximately $5,700,000 in total design and construction costs for
the optimal package of phase one improvements.
4.5.2 Port Stormwater Contribution. Because Facilities #3 and #4 primarily benefit
Port property, the Port agrees to contribute to the City a total of One Million
Two Hundred Thousand Dollars ($1,200,000) of airport development funds in
the non-aeronautical cost center and excluded from the airline rate base (the
"Port Stormwater Contribution") toward construction of these two facilities to
complete the construction funding the City needs for the Regional Stormwater
Project. The Port agrees to deliver the Port Stormwater C ontribution to the
City at Closing. 
4.5.3 Rationale/Justification.   Stormwater management is required for any
redevelopment of Port property. By funding a portion of the construction costs
for Facilities #3 and #4, the Port will save substantially compared to the Port
planning, designing, permitting and building separate stormwater management
facilities that solely service the Port's property.  The Port will benefit from
approximately $1,800,000 in improvements to its property that will meet all of
the City's stormwater requirements, which is forty-four percent (44%) greater
than the Port's Stormwater Contribution.  Using City-generated and Portverified
construction estimates, the fully loaded cost if the Port was to plan,
design, permit and construct Facilities #3 and #4 is approximately $3,000,000.

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4.5.4 Port Commission Intent.  In approving the Port Stormwater Contribution to
support the redevelopment of Port property in the NERA, the Port Commission: 
4.5.4.1 Affirms the Century Agenda goal of tripling air cargo volume to 750,000
metric tons as part of positioning the Puget Sound region as a premier
international logistics hub; 
4.5.4.2 Desires to facilitate development of light industrial uses on the Port's
property in the NERA that can support the air cargo growth goal; and 
4.5.4.3 Intends that the Port recoup the Port Stormwater Contribution as part
of any disposition of the Port's property in the NERA by sale or longterm
lease to a third party. 
4.6    Connection Fees; Surface Water Management Fees.  In return for the Port's
Stormwater Contribution and Stormwater Facilities Easements, the City agrees that the Port and its
assigns will have the right to connect the on-site stormwater collection system on the Port's property to
the Regional Stormwater Project upon payment of a connection fee at the time of connection pursuant
to an ordinance to be adopted by the City establishing the connection fee.  This connection fee will
apply to all property in the NERA that connects to the Regional Stormwater Project for stormwater
management. The connection fee will be based on the City's projected costs for the first twenty years of
operation and maintenance of the Regional Stormwater Project, initial monitoring of the new facilities,
and adaptive management of the new facilities. These connection fee-related costs are particular to the
Regional Stormwater Project and are separate from and in excess of the City's adopted surface water
management service charges, which will also apply to development of the Port's property.
SECTION 5. SHARED USE PATH
5.1    Shared Use Path. The City will design, construct, own, operate and maintain a Shared
Use Path as part of the first phase of the Regional Stormwater Project. The Shared Use Path will provide
access for both long-term operations and maintenance of the Regional Stormwater Project and for
pedestrian and bicycle use through the NERA.
5.2    Easement.   To enable construction and long-term ownership, operation and
maintenance of the Shared Use Path the City needs an easement from the Port. The Port agrees to
convey to the City, and the City agrees to acquire from the Port, an easement in a form substantially
the same as Exhibit 7, (the "Shared Use Path Easement"). Consistent with pertinent FAA regulations,
the Port will not otherwise contribute to the design, construction, operation or maintenance of the
Shared Use Path. 


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5.3    Easement Value. Based on the Appraisal, the Port agrees to convey to the
City, and the City agrees to pay the Port, at Closing, a total fair market value of Sixty-
Nine Thousand Four Hundred Sixty-Three Dollars ($69,463.00) for the Shared Use Path
Easement. 
SECTION 6. STREET VACATION
6.1    General.  The City will initiate and complete a street vacation process of 12th Place
South to enable the Port to complete assembly of its properties in the NERA.
6.2    12th Place South.  12th Place South is shown on Exhibit 1 attached hereto and
incorporated herein.  This street comprises approximately Twenty-Three Thousand Eight Hundred
Thirty-Eight (23,838) square feet.
6.3    Street Vacation.  To enable the Port's redevelopment of its properties and upon
approval of the 12th Place South street vacation ordinance, the City agrees to convey to the Port, and
the Port agrees to acquire from the City, 12th Place South pursuant to the process described in Chapter
35.79 of the Revised Code of Washington.
6.4    Appraised Value to be Paid. Subject to the City Council's approval of an ord inance
vacating 12th Place South, the appraised value to be paid for 12th Place South by the Port to effectuate
such an ordinance will be Two Hundred Thirty-Eighty Thousand Five Hundred Dollars 
($238,500.00). The City shall be entitled to such amount at Closing, Part 2, consistent with Section 9.2. 
SECTION 7. INTERCHANGE IMPROVEMENTS
7.1    New Eastbound Off-Ramp.  The Parties acknowledge that they are currently
cooperating in the planning and design of a new eastbound off-ramp from SR 518 at Des Moines
Memorial Drive. The City has received grant funds through the Puget Sound Regional Council to
complete the design of the eastbound off-ramp. Location of the proposed off-ramp within the Runway
Protection Zone (RPZ) is subject to FAA approval.
7.2    Right-of-Way. The City or WSDOT will need to acquire, in fee simple, a portion of the
Port's property within the RPZ as right-of-way for the new eastbound off-ramp. Port staff will seek will
seek Port Commission approval to surplus and convey the needed property once design of the new offramp
is finalized, which is anticipated to be in fall of 2014. 
7.3    Value.  The value of the required right-of-way will be determined by
appraisal once the legal description for the right-of-way is prepared upon completion
of final design of the new off-ramp. 
7.4    Existing Eastbound On-Ramp.  The Port entered into Agreement GCA 1998 with
WSDOT, which was most recently supplemented in April 2009, allowing the Port to utilize a temporary
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on-ramp onto eastbound SR 518 for runway reconstruction work. GCA 1998 requires the Port to restore
the ramp upon completion of the temporary use. The final design of the eastbound SR 518 on-ramp
needs to be aligned with the eastbound off-ramp and will operate via a new traffic signal being designed
with the City's eastbound off-ramp project. Since the restoration of the eastbound SR 518 on-ramp is
most appropriately designed as part of the off-ramp project to ensure proper alignment and
coordination of the two ramps, the Port agrees to cooperate with the City in its current design and will
seek future Port Commission approval to contribute design and construction funds to the City for the
eastbound SR 518 on-ramp to satisfy the Port's responsibilities under GCA 1998.
SECTION 8. PILOT PROGRAM
8.1    Application.  The City and the Port agree to cooperate in the preparation and
submission of an application to the FAA's pilot program for redevelopment of "noise property" as
provided for in the FAA Program Guidance Letter 13-04, Pilot Program for Redevelopment of Airport
Properties (Acquired Noise Land) dated February 14, 2013 (the "PGL").
8.2    Governance. The PGL requires that an enforceable agreement be in place between the
parties to undertake airport compatible redevelopment of airport land conforming to applicable FAA
requirements. The Parties intend that this Agreement shall serve that purpose.
8.3    Zoning Designation. The zoning designation of the NERA is Airport In dustrial. The City
represents and warrants that this designation permits airport compatible development and shall be
unchanged for the duration of this Agreement per the requirements of the PGL.
8.4    Use of Funds. The Parties anticipate that any funds awarded pursuant to the PGL will be
used for additional planning, design and permitting of infrastructure improvements that will enable
redevelopment of the NERA.
8.5    Local Share. The Parties acknowledge that the PGL limits the federal share of the
allowable costs under the program to eighty percent (80%) and that the participating airport must
provide the remaining twenty percent (20%) share of the allowable project costs. The City and the Port
agree that the 20% local share will be split evenly between them. Assuming an application for the
maximum amount allowed by the FAA of $5,000,000, the Port and City's share of the local match equals
$500,000 each.
8.6    Repayment. The Port and City acknowledge and agree that any funds awarded and
expended pursuant to the PGL will have to be repaid and reinvested in the manner described in the PGL. 



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SECTION 9. GENERAL PROVISIONS
9.1   Total Financial Obligations.  The following table summarizes the total financial
obligations of the Port and the City based on this Agreement. 
AGREEMENT ITEM                  PORT       CITY 
SW Facility #3 Easement                     --       $13,889 
SW Facility #4 Easement                     --       $14,961 
SW Facility #6 Easement                     --           -- 
Temporary Construction Easement                     $8,724 
Construction contribution for            $1,200,000            -- 
SW Facilities #3 & #4
Shared Use Path Easement                   --       $69,463 
12th Place South Street Vacation            $245,000            -- 
(includes closing costs)
FAA Pilot Program Local Match            $500,000      $500,000 
TOTAL                       $1,945,000      $607,037 
9.2   Closing. Closing of the transactions contemplated in this Agreement will take place in
two parts. Closing to accomplish the conveyance of the Stormwater Facilities Easements and the Shared 
Use Path Easement shall occur within thirty (30) days of execution of this Agreement by both the City
and the Port but not sooner than January 3, 2014, at the offices of First American Title Insurance
Company, the escrow agent for the transaction ("Closing, Part 1"). Closing to accomplish Port use and 
ownership of the 12th Place South right-of-way is subject to approval by the City Council of an ordinance
vacating 12th Place South, but City staff shall cooperate with the Port to expedite the street vacation
process and accomplish a hearing on a resolution or petition for street vacation by no later than May 30,
2014 ("Closing, Part 2"). 
9.2.1  Port's Obligations. At or before Closing, Part 1, the Port shall del iver to the
escrow agent: (i) executed originals of the Stormwater Facilities Easements and
the Shared Use Path Easement, and (ii) $1,092,963, which represents the Port
Stormwater Contribution of $1,200,000 minus $107,037, and the deduct of
$107,037 from $1,200,000 shall represent the payment by the City of the total
purchase for the Stormwater Facility Easements, the Shared Use Path Easement,
and the Temporary Construction Easement. At or before Closing, Part 2, the
Port: (i) shall deliver to the escrow agent $238,500, which shall represent the
payment of the appraised value required in Chapter 36.79 RCW to effectuate
street vacation ordinances; and (ii) shall move forward in an expeditious manner
with the process of vacating 12th Place South.
9.2.2  City's Obligations. At or before Closing Part 1, the City shall deli ver to the
escrow agent executed originals of the Stormwater Facilities Easements and the
Shared Use Path Easement. At or before Closing, Part 2, the City shall expedite

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the process of vacating 12th Place South, including completing review of the
Port's site development plan, and either initiating the street vacation process by
resolution or by providing expeditious review, if the Port has submitted a
petition for street vacation so as to accomplish a hearing on said resolution or
petition by no later than May 30, 2014. 
9.2.3  Closing Costs. The City and the Port shall share equally the escrow fees.
The City shall be solely responsible for the cost of any title insurance
premiums, title endorsements, extended coverage or other title coverage it
chooses to obtain. 
9.2.4  Possession. The City shall be entitled to possession of the easement areas
immediately following Closing, Part 1. 
9.3   Notices,  Demands  and  Communications.   Formal  notices,  demands  and
communications between the City and the Port shall be sufficient if given and shall not be deemed given
unless dispatched by certified mail, postage prepaid, returned receipt requested, or delivered
personally, to the principal offices of the City and the Port as follows:
City:                             Port:
City Manager                   Chief Executive Officer
City of Burien                      Port of Seattle
400 152nd Street, Suite 300             2711 Alaskan Way
Burien, WA 98166                Seattle, WA 98121
9.4   Amendments. This Agreement may be amended or modified upon mutual consent of
the Parties and in accordance with all applicable laws, rules or regulations. Such mutual consent of the
Parties shall be evidenced by a written amendment signed by the Parties.
9.5   Other Government Approvals. Should the Port at any time require the approval of any
governmental body or board, whether of local, regional, state or federal jurisdiction, the Port shall bear
the sole cost and responsibility for obtaining needed approvals. The City, upon request by the Port, shall
lend its full cooperation and affirmative support if it deems such would be in the interest of timely
performance under this Agreement, and such cooperation and support would not compromise the
responsibilities of the City, including its responsibilities to the Port as set forth in this Agreement.
Nothing contained herein is designed to relieve the Port of the necessity of complying with the laws
governing the permitting requirements, conditions, terms or restrictions.
9.6   Conflict of Interests.  No member, official or employee of the City shall make any
decision relating to the Agreement, which affects his or her personal interests or the interests of any
corporation, partnership or association in which he or she is directly or indirectly interested. The Port
warrants that it has not paid or given, and shall not pay or give, any third person any money or other 
consideration for securing the City's approval of this Agreement.

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9.7   Non-Liability of City, Officials, Employees, and Agents. No member, official, employee
or agent of the City shall be personally liable to the Port, or any successor in interest, in the event of any
default or breach by the City or for any amount that may become due to the Port or successor or on any 
obligation under the terms of this Agreement.
9.8   Title of Parts and Sections. Any titles of the parts, sections or subsections of this
Agreement are inserted for convenience of reference only and shall be disregarded in construing or
interpreting any part of its provisions.
9.9   Hold Harmless. The Port shall indemnify and hold harmless the City and its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or
omission of the Port, its officers, agents, employees, or any of them relating to or arising out of the
performance of this Agreement. If a final judgment is rendered against the City, its officers, agents,
employees and/or any of them, or jointly against the City and the Port and their respective officers,
agents and employees, or any of them, the Port shall satisfy the same to the extent that such judgment 
was due to the Port's negligent acts or omissions.
9.10  Enforcement, Rights and Remedies Cumulative. This Agreement shall be enforceable
by the City, applicant, or successor-in-interest notwithstanding any change in any applicable general or
specific plan, zoning, subdivision, or building regulation adopted by the City that alters or amends the
rules, regulations, or policies specified in this Agreement. Enforcement may be through any remedy or 
enforcement method or process, or combination thereof, allowed under law and/or equity. Except as
otherwise stated in this Agreement, the rights and remedies of the Parties are cumulative, and the
exercise or failure to exercise one or more of these rights or remedies by either party shall not preclude
the exercise by it, at the same time or different times, of any right or remedy for the same default or any
other default by the other party.
9.11  Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of
the State of Washington. Venue for any legal action brought hereunder shall be in the King County
Superior Court.
9.12  Severability. If any term, provision, covenant or condition of this Agreement is held by
a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
shall continue in full force and effect unless the rights and obligations of the Parties have been
materially altered or abridged by such invalidation, voiding or unenforceability.
9.13  Legal Actions; Attorneys' Fees. In the event any legal action is commenced to interpret
or to enforce the terms of this Agreement, or to collect damages as a result of any breach of the
Agreement, the Parties shall be responsible for their own attorneys' fees and costs incurred in the
action.

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9.14  Binding Upon Successors. This Agreement shall be binding upon and inure to the
benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties.
Any reference in this Agreement to a specifically named party shall be deemed to apply to any successor
heir, administrator, executor or assign of such party who has acquired an interest in compliance with the
terms of this Agreement, or under law.
9.15  Parties Not Co-ventures. Nothing in this Agreement is intended to or does establish the
Parties as partners, co-venturers, or principal and agent with one another, nor employees and/or
employers of each other.
9.16  Warranties.  The City expresses no warranty or other representation to the Port or
any other Party as to the fitness or condition of the Property other than those expressed within this
Agreement.
9.17  Reasonable Approvals. The approval of a party of any documentation or submissions
herein called for shall not be unreasonably withheld unless the text clearly indicates a different
standard. All such approvals shall be given or denied in a timely and expeditious fashion.
9.18  Execution of Other Documentation. The City and the Port agree to execute any further
documentation that may be necessary to carry out the intent and obligations under this Agreement.
9.19  Complete Understanding of the Parties.  This Agreement is executed in two (2)
duplicate originals, each of which is deemed to be an original, and constitutes the entire understanding
and agreement of the Parties.
9.20  Exhibits. This Agreement consists of following the following exhibits, each of which is
incorporated herein:
9.20.1 Exhibit 1  NERA Map
9.20.2 Exhibit 2  Master Drainage Plan MOA
9.20.3 Exhibit 3  Stormwater Facility #3 Easement
9.20.4 Exhibit 4  Stormwater Facility #4 Easement
9.20.5 Exhibit 5  Stormwater Facility #6 Easement
9.20.6 Exhibit 6  Temporary Construction Easement
9.20.7 Exhibit 7  Shared Use Path Easement




Page 13 of 15

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below.
CITY OF BURIEN                       PORT OF SEATTLE
___________________________________ ______________ ______________________
_____________________________ Tay Yoshitani
City Manager                          Chief Executive Officer
By direction of the Burien City Council             By direction of the Port Commission
in Open Public Meeting                     in Open Public Meeting 
on __________________, 2013              on _______________, 2013
Dated: _         Dated: ______________________________

Approved as to Form:                     Approved as to Form:
___________________________________ __ _________________________________
City of Burien Attorney                      Port of Seattle Attorney












Page 14 of 15

STATE OF WASHINGTON )
) ss
COUNTY OF ______________ )
On this      day of                      , 2013, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
______________________ to me known as the City Manager, for the City of Burien, the corporation
who executed the within and foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said City of Burien, for the uses and purposes therein mentioned, and
on oath stated that he is authorized to execute said instrument on behalf of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
NAME
NOTARY PUBLIC in and for the State of
Washington, residing at ___________________
MY COMMISSION EXPIRES:

STATE OF WASHINGTON )
) ss
COUNTY OF ______________ )
On this      day of                      , 2013, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Tay Yoshitani to me known as the Chief Executive Officer, for the Port of Seattle, the corporation who 
executed the within and foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said Port of Seattle, for the uses and purposes therein mentioned, and on
oath stated that he is authorized to execute said instrument on behalf of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
NAME
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES: ______ 

Page 15 of 15

Legend
NERA Boundary
SSouth 138th Streetouth 138th Street                                          NERA Shared Use Path
Proposed SR-518 Off-Ramp
Stormwater Facility Location
Basin 2
Basin 1                                      NERA MDP Subbasins
Total Acres = 6.32
Port Acres = 0                                       Miller Creek
Port Owned Parcels
1
Runway Protection Zone
SSouth 140th Streetouth 140th Street
Total Acres = 20.04
Port Acres = 2.69
P l S  P l S 12 th
2
12 th
Basin 3
12th Plac e S
(street vac a tion)
3
Total Acres = 5.6
Port Acres = 5.03

Basin 4

SSouth 144th Streetouth 144th Street
4
ou th ou th nu e S
Total Acres = 12
e S
Total Acres = 38.6                           Port Acres = 10.42
nu  A ve              Port Acres = 14.53        5
A ve 8t h 8t h
6
Basin 5/6
SSouth 146th Streetouth 146th Street
h h
t t
u u
o o
S S
e e
v v
i i
r r
D D
l l
a a
Basin 5/6                        i i
r r
o o
m m
e e
M M
s s
e e
n n
i i
o o
M M            5"18
s s
e e
D D
Basin 7


Total Acres = 15.16
Port Acres = 13.19
7



Source: Esri, Di g i t al Glo b e, Ge o Eye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,
swisstopo, an d t h e GIS User C o mmunity
Exhibit 1: NERA Map
0  150 300
Feet

EXHIBIT 2 - MOA

EXHIBIT 2 - MOA

EXHIBIT 2 - MOA

EXHIBIT 2 - MOA

EXHIBIT 2 - MOA

NERA STORM WATER FACILITY #3
EASEMENT AGREEMENT
THIS NERA STORM WATER FACILITY #3 EASEMENT AGREEMENT ("Easement")
is entered into as of _____________________, 2013 ("Effective Date") by and between the 
PORT OF SEATTLE, a Washington municipal corporation, ("Grantor") and the CITY OF
BURIEN, a Washington municipal corporation ("Grantee").
RECITALS
A.   Grantor owns or controls certain real property situated in the City of Burien, King
County, Washington, as legally described and depicted on Exhibit A attached hereto,
incorporated by reference and made a part hereof (the "Premises").
B.   Grantee has requested that Grantor grant to Grantee a non-exclusive permanent
easement over the Premises for the Easement Purpose (as defined below).
C.   On _____________, 2013, Grantor's Port of Seattle Commissioners authorized
execution of an Interlocal Agreement dated ___________, 2013 between the Port and the City
of Burien, which among several items, provides for the City's construction and operation of a
twenty-five (25)-foot wide shared use path in tandem with several storm water facilities in the
City's Northeast Redevelopment Area (the "Project").
D.   Grantor has agreed to grant Grantee the requested easement for good and valuable
consideration related to the terms and conditions set forth in this Easement Agreement as well
as the benefits associated with accomplishment of the Project.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein, the mutual promises contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
Section 1   Granting of Easement.
1.1    Easement Purpose. The "Easement Purpose" shall include:
(a)  Operation by Grantee, Grantee's employees, contractors and agents ("Grantee
parties") of storm water drainage facilities that will receive runoff of storm water
discharged to NERA Storm Water Facility #3 ("Facility #3"), as identified by the
City of Burien in Exhibit B ("NERA Stormwater Facility Locations"); 
(b) Activities of Grantee parties related to the construction of Facility #3;
(c) Maintenance and repair by Grantee parties of the Facility #3; and

1

(d) Alteration or reconstruction by Grantee parties of Facility #3 provided that the
product of the alteration and reconstruction does not increase Grantor's liability
exposure or expand the scope of use of this Easement Agreement.
(e) Access by Grantee parties, including by foot and by vehicle and any equipment
necessary for construction, maintenance, repair, alteration or reconstruction of
Facility #3.
1.2   Grant. Grantor does hereby grant unto Grantee a permanent, non-exclusive easement 
("Easement") over, under, across and through the Premises for the Easement Purpose
and for no other purpose not set forth in Section 6, provided that Section 14 shall apply
in the event that Grantee abandons operation of Facility #3. This Easement shall only
include such rights in the Premises as shall be necessary for the activities contemplated
by this Easement. This Easement is subject to all existing encumbrances of record as
identified in that preliminary title commitment issued by First American Title dated
August 13, 2013 under guarantee number 2137884.
1.3    Responsibilities of Grantee for Premises.
1.3.1  Grantee shall be responsible for all maintenance and repair associated with
Facility #3 in the Premises.
1.3.2  Grantee shall be responsible for maintaining the storm water drainage system,
including Facility #3, so as to avoid damage to Port property and migration of
Hazardous Substances, if any, from Port property.
1.3.3  Grantee shall be responsible for ensuring that activities within the Premises
comply with all laws, regulations, orders, covenants and restrictions. Grantee
shall regulate to ensure that any activity in the Premises is compatible with not
only Airport uses but also the use and safety of the Approach Transition Zone
and Runway Protection Zone (as defined in Section 4 below).
1.3.4  Grantee shall restrict the height of structures, objects of natural growth and
other obstructions on the Premises to a height of not more than 416 feet Datum
NAVD 88.
1.3.5  Grantee shall ensure the use of the Premises does not interfere with landing or
taking off of aircraft at the Seattle Tacoma International Airport (the "Airport"),
or otherwise constitute an "airport hazard."  Any uses that create electrical
interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport
lights and other, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in
any way endanger or interfere with the landing, takeoff or maneuvering of
aircraft intending to use the airport shall be deemed an airport hazard.

2

1.4   Term of Easement. The term of the Easement sh all be perpetual, unless sooner
abandoned under provisions of this Easement.
1.5   Storm Water Facility Description. Facility #3 is a water quality treatment and
infiltration facility. Once constructed, it will be located on King County Parcel
Number 172304-9058. It will collect, treat, and manage storm water runoff from the
surrounding area, designed to fully infiltrate up through the 50-year storm event. It will
be situated entirely below ground, and is designed to prevent any ponding of water on
the surface.
1.6   Grantee's Representations and Warranties. Grantee represents, warrants and agrees
that in the exercise of its easement rights, Grantee will not in any manner interfere with
or interrupt the use or operation of the Airport or Airport facilities and that Grantee's
easement rights will be subordinated to Airport use and development.
Section 2    Indemnification.
2.1   At Grantee's sole expense, Grantee shall indemnify, hold harmless, and defend Grantor
from and against any and all claims, lawsuits, damages, liabilities, fines, expenses, fees
and costs of any kind, arising from Grantee's intentional misconduct, negligence, or
breach of the representations or warranties contained herein or default in the
performance of Grantee's responsibilities under the provisions of this Easement. As
used in this Section 2.1, the term "Grantee" shall include employees, agents,
contractors, and persons entering the Premises under the express or implied invitation
of Grantee.
2.2   Upon written notice from Grantor, Grantee agrees to assume the defense of any lawsuit
or other proceeding brought against Grantor by any entity, relating to any matter
covered by this Easement for which Grantee has an obligation to assume liability for
and/or save and hold harmless Grantor. Grantee shall pay all costs incident to such
defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and
appeal expenses, settlement payments, and amounts paid in satisfaction of judgments.
Section 3    Environmental Liability Allocation and Potential Costs of Handling Hazardous
Substances associated with the Project. 
3.1   Definition of Hazardous Substances. "Hazardous Substance" shall mean and refer to
any hazardous or toxic substance, material or waste, including, but not limited to, (i)
those substances, materials, and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. 172.101), (ii) those substances,
materials, and wastes listed by the United States Environmental Protection Agency as
hazardous substances (40 C.F.R. Part 302 and amendments thereto), (iii) those
substances, materials and wastes listed by the Washington State Department of Ecology
as hazardous substances (Washington Administrative Code 173-303 and 173-340), (iv)
petroleum products and their derivatives, and (v) such other substances, materials and
3

wastes as are or become regulated or subject to authority by any jurisdiction under any
environmental laws.
3.2   Indemnity for Pre-Existing Hazardous Substances.
3.2.1  Grantee shall have no obligation to indemnify or defend Grantor, Grantor's
agents, elected officials, officers or employees, from and against any and all
liability, loss, damage, expense, actions and claims arising from or related to the
pre-existence of any Hazardous Substances, if any, in, under, or on property
owned by Grantor.
3.2.2  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the migration of
Hazardous Substances regardless of whether they are pre-existing or released by
Grantee, if the activities of Grantee, Grantee's agents, officers, employees,
invitees, or members of the public in the Premises cause such migration.
3.2.3  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the actions or omissions
of Grantee, or Grantee's breach of its obligations in this Easement, that
exacerbate contamination or increase the level of any pre-existing Hazardous
Substances to actionable levels.
3.3   Waiver and Release. Grantee waives and releases Gr antor from any and all liability,
loss, damage, expense, actions and claims arising from or related to the pre-existence of
any Hazardous Substances, if any, in, under, or on property owned by Grantor or any
other condition of the Premises.
3.4   Materials Management During Construction. Grantee shall be responsible for
conducting and paying for all testing, profiling and proper disposal of any materials
generated during construction of the Project, including stormwater, construction debris,
contaminated soils, or any other materials, that Grantee determines must be removed
from the Easement area and the construction site. Grantee shall provide Grantor with
copies of all disposal records documenting the management of such materials.
Section 4    Legal Compliance.
4.1   Compliance. Grantee shall observe and comply  with any and all laws, including
Environmental Laws (as defined below), statutes, regulations, ordinances, orders,
covenants, restrictions, and or decisions of any court of competent jurisdiction relating
to the use of the Premises. Without waiving Grantor's right to enforce the generality of
the foregoing, Grantee shall strictly comply with Federal Aviation Administration
("FAA") regulations related to ensuring that any activity in the Premises is compatible

4

with not only Airport uses but also the use and safety of the Approach Transition Zone
and Runway Protection Zone as defined in FAA regulations.
4.2   Definition. "Environmental Laws" shall mean and include any and all local, state or
federal laws, rules, orders or regulations in effect during the term of this Easement
Agreement, or any part of the term hereof, pertaining to environmental regulation, or the
use, processing, storage, housing, disposal, generation or transportation of Hazardous
Substances, as defined above. Environmental Laws include, but are not limited to, the
following federal statutes, amendments thereto, and any enactments by state or local
jurisdictions which address similar subjects: the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, the Superfund Amendments and
Reauthorization Act of 1986, the Resource Conservation Recovery Act, the Hazardous
and Solid Waste Amendments 1984, the Toxic Substance Control Act, the Federal
Insecticide, Fungicide and Rodenticide Act, the Federal Water Pollution Control Act, the
Federal Clean Air Act, the Federal Clean Water Act, the National Environmental Policy
Act, the Hazardous Materials Transportation Act, spill prevention and control legislation,
and any regulations promulgated with respect to any such statutes.
Section 5    Insurance. Grantee shall provide the following insurance coverage which it
shall obtain from commercial insurance carriers and this coverage shall be maintained
throughout the term of the Easement.
5.1    Required Coverage. 
5.1.1  Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or an
equivalent policy form) for third party property damage, bodily injury, personal
and advertising injury, and medical payments in an amount which is not less
than $1,000,000 per occurrence and $2,000,000 annual aggregate. Grantee's
insurance shall be primary and non-contributory with respect to any insurance
the Port carries and apply separately to each insured. The Port shall be named
as an additional insured on this policy.
5.1.2  Automobile Liability Insurance on a combined single limit basis for bodily
injury and property damage using with a limit of not less than $1,000,000 per
occurrence.
5.1.3  Pollution liability coverage with the Port named as an additional insured on the
policy, with limits no less than $1,000,000 per occurrence and $2,000,000 in the
aggregate.  The policy coverage shall extend to all sudden and accidental
incidents, claims, damages, and losses, including defense costs that are caused
by pollution incidents that arise from the operations of the Grantee.
5.2    Insurance Certificates. Grantee shall submit to the Po rt a Certificate of Insurance
which shows that it has obtained the required coverage(s) and a copy of the additional
insured endorsement for the commercial general liability insurance policy and the
pollution liability policy.  The stated insurance limits shall not be construed as to
5

relieve the Grantee from liability in excess of the limits.  All deductibles or selfinsurance
retentions are the responsibility of Grantee.
5.3    Self Insurance. Grantee shall have the option of providing a program of self-insurance
in lieu of commercial insurance. "Self-Insurance" shall mean that Grantee is acting as
though it were the insurance company providing the required insurance. Grantee will
have to provide evidence to the Port that Grantee's self-insurance program
demonstrates a financial worth of sufficient capacity to finance claims, losses, and
defense obligations that would otherwise be covered by the commercial insurance
specified above.  If the Port does not accept in whole or in part, Grantee's selfinsurance
program, Grantee shall provide commercial insurance as required by this
Section.
Section 6.   Grantor's Use of the Premises; Limitations.
6.1   Grantor's Use. Grantor, its successors and assigns, may use the Premises above
Facility #3 for parking, open space, landscaping or other non-structural use for as long
as it does not interfere with the Easement Purpose as described in Section 1.1 and as
long as it is not inconsistent with the rights herein granted and is subject to the
conditions of this Agreement.
6.2    Limitations on Use.
6.2.1  Grantor is specifically prohibited from erecting buildings or permanent
structures over, under, or across the Premises.
6.2.2  Grantor is specifically prohibited from planting large trees above Facility #3.
6.2.3  Grantor is specifically prohibited from allowing any utilities in, on, under or
above the Premises.
6.2.4  Grantor is specifically prohibited from allowing additional impoundment of
water above Facility #3.
6.2.5  Grantor is specifically prohibited from storing any hazardous waste above
Facility #3.
6.2.6  Maintenance access for Grantee parties must be preserved to all portions of the
Facility #3 exposed to the surface, including, but not limited to, the pretreatment
facility, catch basins, inspection ports, and the emergency overflow, all of which
shall be located within the permanent easement.
6.2.7  In the event of damage to Facility #3, some chambers may need to be excavated
and removed/replaced. This may require temporarily closing a portion of the
surface area.

6

6.2.8  Grantor shall not allow any development that involves re-grade of the Premises
that is inconsistent with maintaining a minimum of two (2) feet and maximum
of seven (7) feet of cover for Facility #3.  In the event of a re-grade the
Premises, Grantor shall ensure that the function of Facility #3, including access
points, cleanout locations, and inspection ports are preserved.
6.3    Grantor's reservation of rights.
6.3.1  Grantor reserves unto itself, its successors and assigns, for the use and benefit of
the public the right of flight for the passage of aircraft in and through the
airspace above the surface of the Premises, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used, for navigation of or flight in the said airspace, and for
the use of said airspace for landing on, taking off from, or operating on the
Airport.
This reservation of right is for the free and unobstructed use and passage of all
types of aircraft in and through the airspace over or in the vicinity of the
Premises, with such use and passage to be unlimited as to frequency, type of
aircraft, and proximity.  Grantee further waives all damages and claims for
damages caused or alleged to be caused by or incidental to such activities.
As used herein, the term "aircraft" shall mean any and all types of aircraft,
whether now in existence or hereafter manufactured and developed, and shall
include, but is not limited to, jet aircraft, propeller-driven aircraft, civil aircraft,
military aircraft, commercial aircraft, helicopters and all other types of aircraft
or vehicles now in existence or hereafter developed for the purpose of
transporting persons or property through the air.
6.3.2  Grantor reserves unto itself, its successors and assigns, the continuing right to
prevent the erection or growth upon the Premise of any building, structure, tree,
or other object that extends into the airspace above said Premises. The Grantor
reserves a right of ingress to, egress from and passage over the Premises to
remove the offending structure or object, and to cut the offending growth, all at
the expense of the Grantee, in the event the aforesaid covenant is breached.
6.3.3  Grantor reserves the right to cause in all airspace above or in the vicinity of the
surface of the Premises such noise, vibrations, fume, deposits of dust or other
particulate matter, fuel particles (which are incidental to the normal operation of
said aircraft), fear, interference with sleep and communications and any and all
other effects that may be alleged to be incident to or caused by the operation of
aircraft over or in the vicinity of the Premises or in landing at or taking off from
or operating at or on the Airport.
6.3.4  Grantor reserves the right, with five (5) calendar days advance notice to
Grantee, to inspect NERA Storm Water Facility #3.
7

6.3.5  Grantor reserve the right to require modifications to NERA Storm Water
Facility #3 in the event that the facility does not perform in compliance with
FAA regulations and in accordance with the objectives for design as well as
criteria for operations specified in the Master Drainage Plan.
6.3.6  Grantor reserves the right to require changes to maintenance practices to NERA
Storm Water Facility #3 in the event that the facility does not perform in
compliance with FAA regulations and in accordance with the objectives for
design as well as criteria for operations specified in the Master Drainage Plan.
6.4   Grantee's waiver and release relating to Grantor's reservation of rights.
Grantee does hereby fully waive, remise, and release any right or cause of action which
they may now have or which they may have in the future against Grantor, its successor
and assigns, due to such noise vibrations, fumes, dust, fuel particles and all other effects
that may be caused or may have been caused by the operation of aircraft landing at, or
taking off from, or operating at or on the Airport.

Section 7.   Construction Standard of Care. Grantee shall secure all necessary permits and
authorizations necessary to construct and operate facilities. Grantee shall perform all
construction activities associated with its completion of the Project in compliance with all
federal, state, and local laws, including Environmental Laws and with the terms of this
Easement Agreement. Grantee shall exercise reasonable care in the performance of all its
activities and shall use industry accepted methods and devices for preventing failures and
accidents that are likely to cause damage, injury, or nuisance to the public or to property.
Section 8.   Ownership of Project Improvements. Unless otherwise provided in this
Agreement or in other approvals or agreements, Grantee shall own the Project improvements
made within the Easement area, including, without limitation, improvements constructed by
either party at the cost and expense of Grantee. Nothing in this Agreement, however, shall be
construed as granting to Grantee any interest or right in the Easement or the improvements
within the Easement other than the rights expressly provided herein.
Section 9.   Operations. Grantee shall operate, maintai n, and repair the Project located
within the Easement in compliance with all federal, state, and local laws and in a manner
consistent with industry standards. Grantee shall exercise reasonable care in the performance
of all its activities within the Easement and shall use industry accepted methods and devices for
preventing failures and accidents that are likely to cause damage, injury, or nuisance to the
public or to property.
Section 10.  Liens and Encumbrances. Grantee shall, at its sole cost, keep the Easement free
and clear of any liens or other encumbrances arising out of Grantee's activities under this
Easement.

8

Section 11.  Transfer of Interests. Grantee shall not assign or tr ansfer this Easement, or any
interest therein to any entity other than a successor agency that would operate and maintain the
Project, without the express written consent of Grantor.  Such consent shall not be
unreasonably withheld.
Section 12.  Binding Effect. This Easement shall inure to  the benefit of Grantee, its
successors and/or assigns and shall be binding upon the Easement and Grantor, and their
respective heirs, successors and/or assigns.
Section 13.  Authority to Execute Easement. Grantor covenants that Grantor is the lawful
owner of the Premises and has a good and lawful right to execute this Easement.
Section 14.  Termination and Reversion Upon Abandonment. Either party may terminate
this Easement upon thirty (30) days written notice to the other in the event that Grantee or its
successor agency permanently ceases operation or maintenance of the Premises in accordance
with Grantee's responsibilities in Section 1.3, or in the event that Grantee or its successor
agency does not construct some portion of the Project within the Easement area. In the event
that the Easement terminates, all of the Grantee's rights to the Easement shall cease and all
rights hereunder shall revert to Grantor, except that the continuing obligations contained in
Section 3 shall survive termination.
Section 15.  Notices. Any notice required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been
served and given if (i) placed in the United States mail, certified, return receipt requested, or
(ii) deposited into the custody of a nationally recognized overnight delivery service, addressed
to the party to be notified at the address for such party specified below, or to such other address
as the party to be notified may designate by giving the other party no less than thirty (30) days'
advance written notice of such change in address.
If to Grantee:
City of Burien
400 SW 152nd Street, Suite 300
Burien, WA 98166
Attention: _____________________
Copy to: _____________________
If to Grantor:
Port of Seattle
P.O. Box 1209
Seattle, WA 98111
Attention: ____________________
Copy to:  General Counsel


9

Section 16.  Nondiscrimination.
16.1  Grantee, for itself, its heirs, personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that in the event
facilities are constructed, maintained, or otherwise operated on the property described
in this easement, for a purpose for which a United States Department of
Transportation/Federal Aviation Administration program or activity is extended or for
another purpose involving the provision of similar services or benefits, Grantee shall
maintain and operate such facilities and services in compliance with all requirements
imposed by the "Acts and Regulations" (as may be amended) such that no person on
the grounds of race, color or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination I the use of said
facilities. The "Acts and Regulations" referenced in this Section mean Title 49, Code
of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
secretary, part 21, Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964
and as said Regulations and Acts may be amended.
16.2  Grantee, for itself, its personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree that: (i) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (ii) in the construction of any improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied benefits of, or otherwise be
subjected to discrimination, and (iii) Grantee shall use the premises in compliance with
all other requirements imposed by or pursuant to the Acts and Regulations, as amended,
set forth in this Assurance.
16.3  Grantee assures that it will comply with pertinent statutes, Executive Orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance. This Provision obligates
Grantee or its transferee for the period during which Federal assistance is extended to
the airport program, except where Federal assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements
thereon. In these cases, the Provision obligates Grantee or any transferee for the longer
of the following periods: (i) the period during which the property is used for a purpose
for which Federal assistance is extended, or for another purpose involving the provision
of similar services or benefits; or (ii) the period during which the Port or any transferee
retains ownership or possession of the property.  In the case of contractors, this
Provision binds the contractors from the bid solicitation period through the completion
of the contract.
16.4  Grantee will, at the timely request of the Port, (a) provide access to records, facilities
and staff as necessary to comply with DOT/FAA compliance reviews and/or complaint
10

investigations conducted by the DOT/FAA; and (b) provide information needed for
preparation of necessary reports or to meet evaluation requirements of the DOT/FAA.
Section 17   Recordation. It is understood and agreed that this Easement Agreement shall
not be in recordable form and shall not be placed on public record and any such recording shall
be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum
of Easement in the form attached hereto as Exhibit C ("Memorandum of Easement") subject
to changes required, if any, to conform such form to local recording requirements.  The
Memorandum of Easement shall be recorded in the real estate records in the county where the
Premises are located.
Section 18   Miscellaneous.
18.1  Washington Law. All questions concerning the  interpretation or application of
provisions of this Easement Agreement shall be decided according to the substantive
laws of the State of Washington without regard to conflicts of law provisions.
18.2  Venue. To the fullest extent permitted by law, any dispute arising under or in
connection with this Easement Agreement or related to any subject matter which is the
subject of this Easement Agreement shall be subject to the sole and exclusive
jurisdiction of King County Superior Court. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive. Each party hereto hereby
irrevocably consents to the jurisdiction of King County Superior Court in any such
dispute and irrevocably waives, to the fullest extent permitted by law, any objection
that it may now have or hereafter have to the laying of venue in such court and that any
such dispute which is brought in such court has been brought in an inconvenient forum.
18.3  Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Easement Agreement, the prevailing party or parties shall be entitled to
reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party or parties may be entitled.
18.4  Severability. If any provision of this Easement Agreement is held to be illegal, invalid
or unenforceable under present or future laws, such provision will be fully severable
and this Easement Agreement will be construed and enforced as if such illegal, invalid
or unenforceable provision is not a part hereof, and the remaining provisions hereof
will remain in full force and effect. In lieu of any illegal, invalid or unenforceable
provision herein, there will be added automatically as a part of this Easement
Agreement a provision as similar in its terms to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable.
18.5  Entire Understanding. This Easement Agreement is the full and complete agreement
between Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto relating
to Grantee's use of the Premises as described herein; provided, however, nothing herein is
intended to terminate any surviving obligation of Grantor or Grantee of their respective
11

obligations to defend or hold each other harmless in any prior written agreement between
the parties involving the Premises.
18.6  Time is of the Essence. Time is of the essence for th e performance of this Easement
Agreement.

[Signature page follows]















12

Witness the execution of this Easement Agreement as of the date first set forth above.

Grantor:
Port of Seattle, a Washington municipal corporation 

By: _____________________________
Name:
Title:

Grantee:
City of Burien, a Washington municipal corporation

By: _____________________________
Name:
Title:

[Acknowledgment page follows]






13

STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:                       Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:         Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:





14

EXHIBIT A
NERA STORMWATER FACILITY #3
EASEMENT LEGAL DESCRIPTION

Parcel No. 172304-9058
That portion of the above named parcel of land described as follows:
Beginning at a point on the north line of the south half of the Southeast Quarter of the Southeast
Quarter of Section 17, Township 23 North, Range 4 East, W.M., in King County, Washington,
distant 300 feet west of the intersection of said north line with the westerly line of Des Moines
Way;
thence N.8818'27"W. along said north line, 59.18 feet to the TRUE POINT OF BEGINNING;
thence S. 0141'33"W., 150.00 feet;
thence parallel with said north line N.8818'27"W., 151.00 feet;
thence N. 0141'33"E., 130.00 feet;
thence parallel to said north line N.8818'27"W., 84.32 feet;
thence along a concave non-tangent 80.00 foot radius curve left whose radius bears
N.4301'23"W., through a central angle of 1751'29" a distance of 24.93 feet, more or less, to
the north line of said parcel;
thence along said north line 220.60 feet the TRUE POINT OF BEGINNING.
Containing 24,173 square feet, more or less.








15

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BURIEN NERA
Designed
GSO           PORT OF SEATTLE  PROPERTIES
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Checked By       Date
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Kirkland, Washington 98033
File No
Phone:        8224446 '
FAX:     {425;                                           1  OF  2
425  8279577
lncarpm'nled                                                                            Sheet No'

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EXHIBIT B
NERA STORMWATER FACILITY LOCATIONS 














16

NERA STORM WATER FACILITY #4
EASEMENT AGREEMENT
THIS NERA STORM WATER FACILITY #4 EASEMENT AGREEMENT ("Easement")
is entered into as of _____________________, 2013 ("Effective Date") by and between the 
PORT OF SEATTLE, a Washington municipal corporation, ("Grantor") and the CITY OF
BURIEN, a Washington municipal corporation ("Grantee").
RECITALS
A.   Grantor owns or controls certain real property situated in the City of Burien, King
County, Washington, as legally described and depicted on Exhibit A attached hereto,
incorporated by reference and made a part hereof (the "Premises").
B.   Grantee has requested that Grantor grant to Grantee a non-exclusive permanent
easement over the Premises for the Easement Purpose (as defined below).
C.   On _____________, 2013, Grantor's Port of Seattle Commissioners authorized
execution of an Interlocal Agreement dated ___________, 2013 between the Port and the City
of Burien, which among several items, provides for the City's construction and operation of a
twenty-five (25)-foot wide shared use path in tandem with several storm water facilities in the
City's Northeast Redevelopment Area (the "Project").
D.   Grantor has agreed to grant Grantee the requested easement for good and valuable
consideration related to the terms and conditions set forth in this Easement Agreement as well
as the benefits associated with accomplishment of the Project.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein, the mutual promises contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
Section 1   Granting of Easement.
1.1    Easement Purpose. The "Easement Purpose" shall include:
(a) Operation by Grantee, Grantee's employees, contractors and agents ("Grantee
parties") of a storm water drainage facility as identified on Exhibit B ("NERA
Stormwater Facility Locations"); 
(b) Activities of Grantee parties related to the construction of Facility #4;
(c) Maintenance and repair by Grantee parties of the Facility #4; and


1

(d) Alteration or reconstruction by Grantee parties of Facility #4 provided that the
product of the alteration and reconstruction does not increase Grantor's liability
exposure or expand the scope of use of this Easement Agreement.
1.2   Grant. Grantor does hereby grant unto Grantee a permanent, non-exclusive easement 
("Easement") over, under, across and through the Premises for the Easement Purpose
and for no other purpose provided that Section 14 shall apply in the event that Grantee
abandons operation of Facility #4. This Easement shall only include such rights in the
Premises as shall be necessary for the activities contemplated by this Easement. This
Easement is subject to all existing encumbrances of record as identified in that
preliminary title commitment issued by First American Title dated August 13, 2013
under guarantee number 2144872.
1.3    Responsibilities of Grantee for Premises.
1.3.1  Grantee shall be responsible for all maintenance and repair associated with
Facility #4 in the Premises.
1.3.2  Grantee shall be responsible for maintaining the storm water drainage system,
including Facility #4, so as to avoid damage to Port property and migration of
Hazardous Substances, if any, from Port property.
1.3.3  Grantee shall be responsible for ensuring that activities within the Premises
comply with all laws, regulations, orders, covenants and restrictions. Grantee
shall regulate to ensure that any activity in the Premises is compatible with not
only Airport uses but also the use and safety of the Approach Transition Zone
and Runway Protection Zone (as defined in Section 4 below).
1.3.4  Grantee shall restrict the height of structures, objects of natural growth and
other obstructions on the Premises to an elevation of not more than 416 feet
Datum NAVD 88.
1.3.5  Grantee shall ensure the use of the Premises does not interfere with landing or
taking off of aircraft at the Seattle Tacoma International Airport (the "Airport"),
or otherwise constitute an "airport hazard."  Any uses that create electrical
interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport
lights and other, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in
any way endanger or interfere with the landing, takeoff or maneuvering of
aircraft intending to use the airport shall be deemed an airport hazard.
1.4   Term of Easement. The term of the Easement sh all be perpetual, unless sooner
abandoned under provisions of this Easement.

2

1.5   Storm Water Facility Description. Facility #4 is a water quality treatment and
infiltration facility.  Once constructed, it will be located on King County Parcel
Number 202304-9003. It will collect, treat, and ma nage storm water runoff from the
surrounding area, designed to fully infiltrate up through the 50-year storm event. It will
be situated entirely below ground, and is designed to prevent any ponding of water on
the surface.
1.6   Grantee's Representations and Warranties. Grantee represents, warrants and agrees
that in the exercise of its easement rights, Grantee will not in any manner interfere with
or interrupt the use or operation of the Airport or Airport facilities and that Grantee's
easement rights will be subordinated to Airport use and development.
Section 2    Indemnification.
2.1   At Grantee's sole expense, Grantee shall indemnify, hold harmless, and defend Grantor
from and against any and all claims, lawsuits, damages, liabilities, fines, expenses, fees
and costs of any kind, arising from Grantee's intentional misconduct, negligence, or
breach of the representations or warranties contained herein or default in the
performance of Grantee's responsibilities under the provisions of this Easement. As
used in this Section 2.1, the term "Grantee" shall include employees, agents,
contractors, and persons entering the Premises under the express or implied invitation
of Grantee.
2.2   Upon written notice from Grantor, Grantee agrees to assume the defense of any lawsuit
or other proceeding brought against Grantor by any entity, relating to any matter
covered by this Easement for which Grantee has an obligation to assume liability for
and/or save and hold harmless Grantor. Grantee shall pay all costs incident to such
defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and
appeal expenses, settlement payments, and amounts paid in satisfaction of judgments.
Section 3    Environmental Liability Allocation and Potential Costs of Handling Hazardous
Substances associated with the Project.
3.1   Definition of Hazardous Substances. "Hazardous Substance" shall mean and refer to
any hazardous or toxic substance, material or waste, including, but not limited to, (i)
those substances, materials, and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. 172.101), (ii) those substances,
materials, and wastes listed by the United States Environmental Protection Agency as
hazardous substances (40 C.F.R. Part 302 and amendments thereto), (iii) those
substances, materials and wastes listed by the Washington State Department of Ecology
as hazardous substances (Washington Administrative Code 173-303 and 173-340), (iv)
petroleum products and their derivatives, and (v) such other substances, materials and
wastes as are or become regulated or subject to authority by any jurisdiction under any
environmental laws.

3

3.2   Indemnity for Pre-Existing Hazardous Substances.
3.2.1  Grantee shall have no obligation to indemnify or defend Grantor, Grantor's
agents, elected officials, officers or employees, from and against any and all
liability, loss, damage, expense, actions and claims arising from or related to the
pre-existence of any Hazardous Substances, if any, in, under, or on property
owned by Grantor.
3.2.2  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the migration of
Hazardous Substances regardless of whether they are pre-existing or released by
Grantee, if the activities of Grantee, Grantee's agents, officers, employees,
invitees, or members of the public in the Premises cause such migration.
3.2.3  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the actions or omissions
of Grantee, or Grantee's breach of its obligations in this Easement, that
exacerbate contamination or increase the level of any pre-existing Hazardous
Substances to actionable levels.
3.3   Waiver and Release. Grantee waives and releases Gr antor from any and all liability,
loss, damage, expense, actions and claims arising from or related to the pre-existence of
any Hazardous Substances, if any, in, under, or on property owned by Grantor or any
other condition of the Premises.
3.4   Materials Management During Construction. Grantee shall be responsible for
conducting and paying for all testing, profiling and proper disposal of any materials
generated during construction of the Project, including storm water, construction debris,
contaminated soils, or any other materials, that Grantee determines must be removed
from the Easement area and the construction site. Grantee shall provide Grantor with
copies of all disposal records documenting the management of such materials.
Section 4    Legal Compliance.
4.1   Compliance. Grantee shall observe and comply  with any and all laws, including
Environmental Laws (as defined below), statutes, regulations, ordinances, orders,
covenants, restrictions, and or decisions of any court of competent jurisdiction relating
to the use of the Premises. Without waiving Grantor's right to enforce the generality of
the foregoing, Grantee shall strictly comply with Federal Aviation Administration
("FAA") regulations related to ensuring that any activity in the Premises is compatible
with not only Airport uses but also the use and safety of the Approach Transition Zone
and Runway Protection Zone as defined in FAA regulations.

4

4.2   Definition. "Environmental Laws" shall mean and include any and all local, state or
federal laws, rules, orders or regulations in effect during the term of this Easement
Agreement, or any part of the term hereof, pertaining to environmental regulation, or the
use, processing, storage, housing, disposal, generation or transportation of Hazardous
Substances, as defined above. Environmental Laws include, but are not limited to, the
following federal statutes, amendments thereto, and any enactments by state or local
jurisdictions which address similar subjects: the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, the Superfund Amendments and
Reauthorization Act of 1986, the Resource Conservation Recovery Act, the Hazardous
and Solid Waste Amendments 1984, the Toxic Substance Control Act, the Federal
Insecticide, Fungicide and Rodenticide Act, the Federal Water Pollution Control Act, the
Federal Clean Air Act, the Federal Clean Water Act, the National Environmental Policy
Act, the Hazardous Materials Transportation Act, spill prevention and control legislation,
and any regulations promulgated with respect to any such statutes.
Section 5    Insurance. Grantee shall provide the follo wing insurance coverage which it
shall obtain from commercial insurance carriers and this coverage shall be maintained
throughout the term of the Easement.
5.1    Required Coverage. 
5.1.1  Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or an
equivalent policy form) for third party property damage, bodily injury, personal
and advertising injury, and medical payments in an amount which is not less
than $1,000,000 per occurrence and $2,000,000 annual aggregate. Grantee's
insurance shall be primary and non-contributory with respect to any insurance
the Port carries and apply separately to each insured. The Port shall be named
as an additional insured on this policy.
5.1.2  Automobile Liability Insurance on a combined single limit basis for bodily
injury and property damage using with a limit of not less than $1,000,000 per
occurrence.
5.1.3  Pollution liability coverage with the Port named as an additional insured on the
policy, with limits no less than $1,000,000 per occurrence and $2,000,000 in the
aggregate.  The policy coverage shall extend to all sudden and accidental
incidents, claims, damages, and losses, including defense costs that are caused
by pollution incidents that arise from the operations of the Grantee.
5.2    Insurance Certificates. Grantee shall submit to the Po rt a Certificate of Insurance
which shows that it has obtained the required coverage(s) and a copy of the additional
insured endorsement for the commercial general liability insurance policy and the
pollution liability policy.  The stated insurance limits shall not be construed as to
relieve the Grantee from liability in excess of the limits.  All deductibles or selfinsurance
retentions are the responsibility of Grantee.

5

5.3    Self Insurance. Grantee shall have the option of providing a program of self-insurance
in lieu of commercial insurance. "Self-Insurance" shall mean that Grantee is acting as
though it were the insurance company providing the required insurance. Grantee will
have to provide evidence to the Port that Grantee's self-insurance program
demonstrates a financial worth of sufficient capacity to finance claims, losses, and
defense obligations that would otherwise be covered by the commercial insurance
specified above.  If the Port does not accept in whole or in part, Grantee's selfinsurance
program, Grantee shall provide commercial insurance as required by this
Section.
Section 6.   Grantor's Use of the Premises; Limitations.
6.1   Grantor's Use. Grantor, its successors and assigns, may use the Premises above
Facility #4 for parking, open space, landscaping or other non-structural use for as long
as it does not interfere with the Easement Purpose as described in Section 1.1 and as
long as it is not inconsistent with the rights herein granted and is subject to the
conditions of this Agreement.
6.2   Limitations on Use.
6.2.1  Grantor is specifically prohibited from erecting buildings or permanent
structures over, under, or across the Premises.
6.2.2  Grantor is specifically prohibited from planting large trees above Facility #4.
6.2.3  Grantor is specifically prohibited from allowing any utilities in, on, under or
above the Premises.
6.2.4  Grantor is specifically prohibited from allowing additional impoundment of
water above Facility #4.
6.2.5  Grantor is specifically prohibited from storing any hazardous waste above
Facility #4.
6.2.6  Maintenance access for Grantee parties must be preserved to all portions of
Facility #4 exposed to the surface, including, but not limited to, the pretreatment
facility, catch basins, inspection ports, and the emergency overflow, all of which
shall be located within the permanent easement.
6.2.7  In the event of damage to Facility #4, some chambers may need to be excavated
and removed/replaced. This may require temporarily closing a portion of the
surface area.
6.2.8  Grantor shall not allow any development that involves re-grade of the Premises
that is inconsistent with maintaining a minimum of two (2) feet and maximum
of seven (7) feet of cover for Facility #4.  In the event of a re-grade the
6

Premises, Grantor shall ensure that the function of Facility #4, including access
points, cleanout locations, and inspection ports are preserved.
6.3   Grantor's reservation of rights.
6.3.1 Grantor reserves unto itself, its successors and assigns, for the use and benefit of
the public the right of flight for the passage of aircraft in and through the
airspace above the surface of the Premises, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used, for navigation of or flight in the said airspace, and for
the use of said airspace for landing on, taking off from, or operating on the
Airport.
This reservation of right is for the free and unobstructed use and passage of all
types of aircraft in and through the airspace over or in the vicinity of the
Premises, with such use and passage to be unlimited as to frequency, type of
aircraft, and proximity.  Grantee further waives all damages and claims for
damages caused or alleged to be caused by or incidental to such activities.
As used herein, the term "aircraft" shall mean any and all types of aircraft,
whether now in existence or hereafter manufactured and developed, and shall
include, but is not limited to, jet aircraft, propeller-driven aircraft, civil aircraft,
military aircraft, commercial aircraft, helicopters and all other types of aircraft
or vehicles now in existence or hereafter developed for the purpose of
transporting persons or property through the air.
6.3.2 Grantor reserves unto itself, its successors and assigns, the continuing right to
prevent the erection or growth upon the Premise of any building, structure, tree,
or other object that extends into the airspace above said Premises. The Grantor
reserves a right of ingress to, egress from and passage over the Premises to
remove the offending structure or object, and to cut the offending growth, all at
the expense of the Grantee, in the event the aforesaid covenant is breached.
6.3.3 Grantor reserves the right to cause in all airspace above or in the vicinity of the
surface of the Premises such noise, vibrations, fume, deposits of dust or other
particulate matter, fuel particles (which are incidental to the normal operation of
said aircraft), fear, interference with sleep and communications and any and all
other effects that may be alleged to be incident to or caused by the operation of
aircraft over or in the vicinity of the Premises or in landing at or taking off from
or operating at or on the Airport.
6.3.4 Grantor reserves the right, with five (5) calendar days' advance notice to Grantee,
to inspect NERA Storm Water Facility #4.
6.3.5 Grantor reserve the right to require modifications to NERA Storm Water Facility
#4 in the event that the facility does not perform in compliance with FAA
7

regulations and in accordance with the objectives for design as well as criteria
for operations specified in the Master Drainage Plan.
6.3.6 Grantor reserves the right to require changes to maintenance practices to NERA
Storm Water Facility #4 in the event that the facility does not perform in
compliance with FAA regulations and in accordance with the objectives for
design as well as criteria for operations specified in the Master Drainage Plan.

6.4 Grantee's waiver and release relating to Grantor's reservation of rights. Grantee does
hereby fully waive, remise, and release any right or cause of action which they may
now have or which they may have in the future against Grantor, its successor and
assigns, due to such noise vibrations, fumes, dust, fuel particles and all other effects
that may be caused or may have been caused by the operation of aircraft landing at, or
taking off from, or operating at or on the Airport.
Section 7.   Construction Standard of Care. Grantee shall secure all necessary permits and
authorizations necessary to construct and operate facilities. Grantee shall perform all
construction activities associated with its completion of the Project in compliance with all
federal, state, and local laws, including Environmental Laws and with the terms of this
Easement Agreement. Grantee shall exercise reasonable care in the performance of all its
activities and shall use industry accepted methods and devices for preventing failures and
accidents that are likely to cause damage, injury, or nuisance to the public or to property.
Section 8.   Ownership of Project Improvements. Unless otherwise provided in this
Agreement or in other approvals or agreements, Grantee shall own the Project improvements
made within the Easement area, including, without limitation, improvements constructed by
either party at the cost and expense of Grantee. Nothing in this Agreement, however, shall be
construed as granting to Grantee any interest or right in the Easement or the improvements
within the Easement other than the rights expressly provided herein.
Section 9.   Operations. Grantee shall operate, maintai n, and repair the Project located
within the Easement in compliance with all federal, state, and local laws and in a manner
consistent with industry standards. Grantee shall exercise reasonable care in the performance
of all its activities within the Easement and shall use industry accepted methods and devices for
preventing failures and accidents that are likely to cause damage, injury, or nuisance to the
public or to property.
Section 10.  Liens and Encumbrances. Grantee shall, at its sole cost, keep the Easement free
and clear of any liens or other encumbrances arising out of Grantee's activities under this
Easement.
Section 11.  Transfer of Interests. Grantee shall not assign or tr ansfer this Easement, or any
interest therein to any entity other than a successor agency that would operate and maintain the
Project, without the express written consent of Grantor.  Such consent shall not be
unreasonably withheld.
8

Section 12.  Binding Effect. This Easement shall inure to  the benefit of Grantee, its
successors and/or assigns and shall be binding upon the Easement and Grantor, and their
respective heirs, successors and/or assigns.
Section 13.  Authority to Execute Easement. Grantor covenants that Grantor is the lawful
owner of the Premises and has a good and lawful right to execute this Easement.
Section 14.  Termination and Reversion Upon Abandonment. Either party may terminate
this Easement upon thirty (30) days written notice to the other in the event that Grantee or its
successor agency permanently ceases operation or maintenance of the Premises in accordance
with Grantee's responsibilities in Section 1.3, or in the event that Grantee or its successor
agency does not construct some portion of the Project within the Easement area. In the event
that the Easement terminates, all of the Grantee's rights to the Easement shall cease and all
rights hereunder shall revert to Grantor, except that the continuing obligations contained in
Section 3 shall survive termination.
Section 15.  Notices. Any notice required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been
served and given if (i) placed in the United States mail, certified, return receipt requested, or
(ii) deposited into the custody of a nationally recognized overnight delivery service, addressed
to the party to be notified at the address for such party specified below, or to such other address
as the party to be notified may designate by giving the other party no less than thirty (30) days'
advance written notice of such change in address.
If to Grantee:
City of Burien
400 SW 152nd Street, Suite 300
Burien, WA 98166
Attention: _____________________
Copy to: _____________________
If to Grantor:
Port of Seattle
P.O. Box 1209
Seattle, WA 98111
Attention: ____________________
Copy to:  General Counsel




9

Section 16.  Nondiscrimination.
16.1  Grantee, for itself, its heirs, personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that in the event
facilities are constructed, maintained, or otherwise operated on the property described
in this easement, for a purpose for which a United States Department of
Transportation/Federal Aviation Administration program or activity is extended or for
another purpose involving the provision of similar services or benefits, Grantee shall
maintain and operate such facilities and services in compliance with all requirements
imposed by the "Acts and Regulations" (as may be amended) such that no person on
the grounds of race, color or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination I the use of said
facilities. The "Acts and Regulations" referenced in this Section mean Title 49, Code
of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
secretary, part 21, Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964
and as said Regulations and Acts may be amended.
16.2  Grantee, for itself, its personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree that: (i) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (ii) in the construction of any improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied benefits of, or otherwise be
subjected to discrimination, and (iii) Grantee shall use the premises in compliance with
all other requirements imposed by or pursuant to the Acts and Regulations, as amended,
set forth in this Assurance.
16.3  Grantee assures that it will comply with pertinent statutes, Executive Orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance. This Provision obligates
Grantee or its transferee for the period during which Federal assistance is extended to
the airport program, except where Federal assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements
thereon. In these cases, the Provision obligates Grantee or any transferee for the longer
of the following periods: (i) the period during which the property is used for a purpose
for which Federal assistance is extended, or for another purpose involving the provision
of similar services or benefits; or (ii) the period during which the Port or any transferee
retains ownership or possession of the property.  In the case of contractors, this
Provision binds the contractors from the bid solicitation period through the completion
of the contract.

10

16.4  Grantee will, at the timely request of the Port, (a) provide access to records, facilities
and staff as necessary to comply with DOT/FAA compliance reviews and/or complaint
investigations conducted by the DOT/FAA; and (b) provide information needed for
preparation of necessary reports or to meet evaluation requirements of the DOT/FAA.

16.5  Grantee hereby assures that it will include the above clauses in any subcontract(s)
approved by the Port and cause subcontractor(s) to similarly include clauses in further
subcontracts.
Section 17   Recordation. It is understood and agreed that this Easement Agreement shall
not be in recordable form and shall not be placed on public record and any such recording shall
be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum
of Easement in the form attached hereto as Exhibit C ("Memorandum of Easement") subject
to changes required, if any, to conform such form to local recording requirements.  The
Memorandum of Easement shall be recorded in the real estate records in the county where the
Premises are located.
Section 18   Miscellaneous.
18.1  Washington Law. All questions concerning the  interpretation or application of
provisions of this Easement Agreement shall be decided according to the substantive
laws of the State of Washington without regard to conflicts of law provisions.
18.2  Venue. To the fullest extent permitted by law, any dispute arising under or in
connection with this Easement Agreement or related to any subject matter which is the
subject of this Easement Agreement shall be subject to the sole and exclusive
jurisdiction of King County Superior Court. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive. Each party hereto hereby
irrevocably consents to the jurisdiction of King County Superior Court in any such
dispute and irrevocably waives, to the fullest extent permitted by law, any objection
that it may now have or hereafter have to the laying of venue in such court and that any
such dispute which is brought in such court has been brought in an inconvenient forum.
18.3  Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Easement Agreement, the prevailing party or parties shall be entitled to
reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party or parties may be entitled.
18.4  Severability. If any provision of this Easement Agreement is held to be illegal, invalid
or unenforceable under present or future laws, such provision will be fully severable
and this Easement Agreement will be construed and enforced as if such illegal, invalid
or unenforceable provision is not a part hereof, and the remaining provisions hereof
will remain in full force and effect. In lieu of any illegal, invalid or unenforceable
provision herein, there will be added automatically as a part of this Easement

11

Agreement a provision as similar in its terms to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable.
18.5  Entire Understanding. This Easement Agreement is the full and complete agreement
between Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto relating
to Grantee's use of the Premises as described herein; provided, however, nothing herein is
intended to terminate any surviving obligation of Grantor or Grantee of their respective
obligations to defend or hold each other harmless in any prior written agreement between
the parties involving the Premises.
18.6  Time is of the Essence. Time is of the essence for th e performance of this Easement
Agreement.

[Signature page follows]












12

Witness the execution of this Easement Agreement as of the date first set forth above.

Grantor:
Port of Seattle, a Washington municipal corporation 

By: _____________________________
Name:
Title:

Grantee:
City of Burien, a Washington municipal corporation

By: _____________________________
Name:
Title:

[Acknowledgment page follows]






13

STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:                       Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:

STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:                       Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:




14

EXHIBIT A
NERA STORMWATER FACILITY #4
EASEMENT LEGAL DESCRIPTION
Parcel No. 202304-9003
All of "Parcel B" of deed from Filomena Perry to the Port of Seattle recorded at AF No.
20071005001063, records of King County, Washington, described as follows:
The south 145 feet of the north 175 feet of the Northeast Quarter of the Northeast Quarter of
Section 20, Township 23 North, Range 4 East, Willamette Meridian, in King County,
Washington;
Except the east 766 feet thereof;
Except the west 375 feet thereof;
And except that portion thereof within South 144th Way.
Containing 23,374 square feet, more or less.











15

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BURIEN NERA
Designed
GSO           PORT OF SEATTLE  PROPERTIES
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Kirkland, Washington 98033
File No
Phone:        8224446 '
FAX:     {425;                                           1  OF  2
425  8279577
lncarpm'nled                                                                            Sheet No'

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EXHIBIT B
NERA STORMWATER FACILITY LOCATIONS 














16

NERA STORM WATER FACILITY #6
EASEMENT AGREEMENT
This NERA STORM WATER FACILITY #6 EASEMENT AGREEMENT ("Easement")
is entered into as of _____________________, 2013 ("Effective Date") by and between the 
PORT OF SEATTLE, a Washington municipal corporation, ("Grantor") and the CITY OF
BURIEN, a Washington municipal corporation ("Grantee").
RECITALS
A.   Grantor owns or controls certain real property situated in the City of Burien, King
County, Washington, as legally described and depicted on Exhibit A attached hereto,
incorporated by reference and made a part hereof (the "Premises").
B.   Grantee has requested that Grantor grant to Grantee an exclusive permanent easement
over the Premises for the Easement Purpose (as defined below).
C.   On _____________, 2013, Grantor's Port of Seattle Commissioners authorized
execution of an Interlocal Agreement dated ___________, 2013 between the Port and the City
of Burien, which among several items, provides for the City's construction and operation of a
twenty-five (25)-foot wide shared use path in tandem with several storm water facilities in the
City's Northeast Redevelopment Area (the "Project").
D.   Grantor has agreed to grant Grantee the requested easement for good and valuable
consideration related to the terms and conditions set forth in this Easement Agreement as well
as the benefits associated with accomplishment of the Project.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein, the mutual promises contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
Section 1   Granting of Easement.
1.1    Easement Purpose. The "Easement Purpose" shall include:
(a)  Operation by Grantee, Grantee's employees, contractors and agents ("Grantee
parties") of a storm water drainage facility (NERA Storm Water Facility #6) that
will receive overflow of storm water discharged from Storm Water Facility #5
("Facility #5"), as identified on Exhibit B  ("NERA Stormwater Facility
Locations"); 
(b) Activities of Grantee parties related to the construction of Facility #6 and
connection to Facility #5;
(c) Maintenance and repair by Grantee parties of Facility #6; and
1

(d) Alteration of reconstruction by Grantee parties of Facility #6 provided that the
product of the alteration and reconstruction does not increase Grantor's liability
exposure or expand the scope of use of this Easement Agreement.
1.2   Grant. Grantor does hereby grant unto Grantee a permanent, exclusive easement 
("Easement") over, under, across and through the Premises for the Easement Purpose
and for no other purpose provided that Section 14 shall apply in the event that Grantee
abandons operation of Facility #6. This Easement shall only include such rights in the
Premises as shall be necessary for the activities contemplated by this Easement. This
Easement is subject to all existing encumbrances of record as identified in those
preliminary title commitments issued by First American Title dated August 13, 2013
under guarantee numbers 2137881, 2137882, and 2144874.
1.3    Responsibilities of Grantee for Premises.
1.3.1  Grantee shall be responsible for all maintenance and repair associated with
Facility #6 in the Premises.
1.3.2  Grantee shall be responsible for maintaining the storm water drainage system,
including Facility #5 and Facility #6, so as to avoid damage to Port property and
migration of Hazardous Substances, if any, from Port property.
1.3.3  Grantee shall be responsible for ensuring that activities within the Premises
comply with all laws, regulations, orders, covenants and restrictions. Grantee
shall regulate to ensure that any activity in the Premises is compatible with not
only Airport uses but also the use and safety of the Approach Transition Zone
and Runway Protection Zone (as defined in Section 4 below). Grantee shall be
responsible for proper management of any waste or other materials deposited on
the Premises by Grantee, Grantee's agents, officers, employees, invitees or
members of the public.
1.3.4  Grantee shall restrict the height of structures, objects of natural growth and
other obstructions on the Premises to an elevation of not more than 416 feet
Datum NAVD 88.
1.3.5  Grantee shall ensure the use of the Premises does not interfere with landing or
taking off of aircraft at the Seattle Tacoma International Airport (the "Airport"),
or otherwise constitute an "airport hazard."  Any uses that create electrical
interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport
lights and other, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in
any way endanger or interfere with the landing, takeoff or maneuvering of
aircraft intending to use the airport shall be deemed an airport hazard.

2

1.4   Term of Easement. The term of the Easement sh all be perpetual, unless sooner
abandoned under provisions of this Easement.
1.5   Storm Water Facility Descriptions. 
1.5.1  Facility #5. This facility is a City of Buri  en-owned facility, located on City
owned property on the north side of S. 144th Way. Once constructed, it will be
located on King County Parcel Numbers 202304-9509, 202304-9510,
202304-9511, and 202304-9006. It will collect, treat, and manage storm water
runoff from the surrounding area, and is designed to infiltrate up through the 50-
year storm event. Any water received beyond the infiltration capacity of this
facility will be bypassed via underground conveyance beneath S. 144th Way to
Facility #6.
1.5.2  Facility #6. This facility shall act as an emergency overflow location for
Facility #5.  Once constructed, it will be located on King County Parcel
Numbers 553090-0010, 553090-0020, 553090-0030, 553090-0040, 553090-
0050, 553090-0060, 553090-TRCT A and 553090-TRCT C. It will receive
water from Facility #5 during severe storm events when in bypass mode. It will
then contain and store the water and attenuate the release rates directly into
Miller Creek through surface discharge and infiltration. It shall be a vegetated
depression, open to the surface, and shall only hold water for short time periods,
and very infrequently.
1.6   Grantee's Representations and Warranties. Grantee represents, warrants and agrees
that in the exercise of its easement rights, Grantee will not in any manner interfere with
or interrupt the use or operation of the Airport or Airport facilities and that Grantee's
easement rights will be subordinated to Airport use and development.
Section 2    Indemnification.
2.1   At Grantee's sole expense, Grantee shall indemnify, hold harmless, and defend Grantor
from and against any and all claims, lawsuits, damages, liabilities, fines, expenses, fees
and costs of any kind, arising from Grantee's intentional misconduct, negligence, or
breach of the representations or warranties contained herein or default in the
performance of Grantee's responsibilities under the provisions of this Easement. As
used in this Section 2.1, the term "Grantee" shall include employees, agents,
contractors, and persons entering the Premises under the express or implied invitation
of Grantee.
2.2   Upon written notice from Grantor, Grantee agrees to assume the defense of any lawsuit
or other proceeding brought against Grantor by any entity, relating to any matter
covered by this Easement for which Grantee has an obligation to assume liability for
and/or save and hold harmless Grantor. Grantee shall pay all costs incident to such
defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and
appeal expenses, settlement payments, and amounts paid in satisfaction of judgments.
3

Section 3    Environmental Liability Allocation and Potential Costs of Handling Hazardous
Substances associated with the Project.
3.1   Definition of Hazardous Substances. "Hazardous Substance" shall mean and refer to
any hazardous or toxic substance, material or waste, including, but not limited to, (i)
those substances, materials, and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. 172.101), (ii) those substances,
materials, and wastes listed by the United States Environmental Protection Agency as
hazardous substances (40 C.F.R. Part 302 and amendments thereto), (iii) those
substances, materials and wastes listed by the Washington State Department of Ecology
as hazardous substances (Washington Administrative Code 173-303 and 173-340), (iv)
petroleum products and their derivatives, and (v) such other substances, materials and
wastes as are or become regulated or subject to authority by any jurisdiction under any
environmental laws.
3.2  Indemnity for Pre-Existing Hazardous Substances.
3.2.1  Grantee shall have no obligation to indemnify or defend Grantor, Grantor's
agents, elected officials, officers or employees, from and against any and all
liability, loss, damage, expense, actions and claims arising from or related to the
pre-existence of any Hazardous Substances, if any, in, under, or on property
owned by Grantor.
3.2.2  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the migration of
Hazardous Substances regardless of whether they are pre-existing or released by
Grantee, if the activities of Grantee, Grantee's agents, officers, employees,
invitees, or members of the public in the Premises cause such migration.
3.2.3  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the actions or omissions
of Grantee, or Grantee's breach of its obligations in this Easement, that
exacerbate contamination or increase the level of any pre-existing Hazardous
Substances to actionable levels.
3.3   Waiver and Release. Grantee waives and releases Grantor from any and all liability,
loss, damage, expense, actions and claims arising from or related to the pre-existence of
any Hazardous Substances, if any, in, under, or on property owned by Grantor or any
other condition of the Premises.
3.4  Materials Management During Construction. Grantee shall be responsible for conducting
and paying for all testing, profiling and proper disposal of any materials generated
during construction of the Project, including stormwater, construction debris,
4

contaminated soils, or any other materials, that Grantee determines must be removed
from the Easement area and the construction site. Grantee shall provide Grantor with
copies of all disposal records documenting the management of such materials.
Section 4    Legal Compliance.
4.1   Compliance. Grantee shall observe and comply  with any and all laws, including
Environmental Laws (as defined below), statutes, regulations, ordinances, orders,
covenants, restrictions, and or decisions of any court of competent jurisdiction relating
to the use of the Premises. Without waiving Grantor's right to enforce the generality of
the foregoing, Grantee shall strictly comply with Federal Aviation Administration
("FAA") regulations related to ensuring that any activity in the Premises is compatible
with not only Airport uses but also the use and safety of the Approach Transition Zone
and Runway Protection Zone as defined in FAA regulations.
4.2   Definition. "Environmental Laws" shall mean and include any and all local, state or
federal laws, rules, orders or regulations in effect during the term of this Easement
Agreement, or any part of the term hereof, pertaining to environmental regulation, or the
use, processing, storage, housing, disposal, generation or transportation of Hazardous
Substances, as defined above. Environmental Laws include, but are not limited to, the
following federal statutes, amendments thereto, and any enactments by state or local
jurisdictions which address similar subjects: the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, the Superfund Amendments and
Reauthorization Act of 1986, the Resource Conservation Recovery Act, the Hazardous
and Solid Waste Amendments 1984, the Toxic Substance Control Act, the Federal
Insecticide, Fungicide and Rodenticide Act, the Federal Water Pollution Control Act, the
Federal Clean Air Act, the Federal Clean Water Act, the National Environmental Policy
Act, the Hazardous Materials Transportation Act, spill prevention and control legislation,
and any regulations promulgated with respect to any such statutes.
Section 5    Insurance. Grantee shall provide the follo wing insurance coverage which it
shall obtain from commercial insurance carriers and this coverage shall be maintained
throughout the term of the Easement.
5.1    Required Coverage. 
5.1.1  Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or an
equivalent policy form) for third party property damage, bodily injury, personal
and advertising injury, and medical payments in an amount which is not less
than $1,000,000 per occurrence and $2,000,000 annual aggregate. Grantee's
insurance shall be primary and non-contributory with respect to any insurance
the Port carries and apply separately to each insured. The Port shall be named
as an additional insured on this policy.


5

5.1.2  Automobile Liability Insurance on a combined single limit basis for bodily
injury and property damage using with a limit of not less than $1,000,000 per
occurrence.
5.1.3  Pollution liability coverage with the Port named as an additional insured on the
policy, with limits no less than $1,000,000 per occurrence and $2,000,000 in the
aggregate.  The policy coverage shall extend to all sudden and accidental
incidents, claims, damages, and losses, including defense costs that are caused
by pollution incidents that arise from the operations of the Grantee.
5.2    Insurance Certificates. Grantee shall submit to the Po rt a Certificate of Insurance
which shows that it has obtained the required coverage(s) and a copy of the additional
insured endorsement for the commercial general liability insurance policy and the
pollution liability policy.  The stated insurance limits shall not be construed as to
relieve the Grantee from liability in excess of the limits.  All deductibles or selfinsurance
retentions are the responsibility of Grantee.
5.3    Self Insurance. Grantee shall have the option of providing a program of self-insurance
in lieu of commercial insurance. "Self-Insurance" shall mean that Grantee is acting as
though it were the insurance company providing the required insurance. Grantee will
have to provide evidence to the Port that Grantee's self-insurance program
demonstrates a financial worth of sufficient capacity to finance claims, losses, and
defense obligations that would otherwise be covered by the commercial insurance
specified above.  If the Port does not accept in whole or in part, Grantee's selfinsurance
program, Grantee shall provide commercial insurance as required by this
Section.
Section 6.   Grantor's Use of the Premises.
6.1   Limited Use by Grantor. Grantor, its successors and a ssigns, may use the surface of the
Premises for access by persons and vehicles, for storage of goods, materials and
equipment and for temporary parking of vehicles -- as long as it is consistent with the
dedication of the Premises to the Easement Purpose as described in Section 1.1 and as
long as it is not inconsistent with the exclusive rights herein granted and is subject to
the conditions of this Agreement.
6.2   Specifically Prohibited Use by Grantor. Without waiver of  the generality of the
foregoing restriction or the exclusive nature of the easement rights granted to Grantee,
the Grantor is specifically prohibited from erecting buildings or structures over, under,
or across the Premises, planting large trees or installing utilities on, under, or above the
Premises.
6.3   Grantor's reservation of rights.
6.3.1  Grantor reserves unto itself, its successors and assigns, for the use and benefit of
the public the right of flight for the passage of aircraft in and through the
6

airspace above the surface of the Premises, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used, for navigation of or flight in the said airspace, and for
the use of said airspace for landing on, taking off from, or operating on the
Airport.
This reservation of right is for the free and unobstructed use and passage of all
types of aircraft in and through the airspace over or in the vicinity of the
Premises, with such use and passage to be unlimited as to frequency, type of
aircraft, and proximity.  Grantee further waives all damages and claims for
damages caused or alleged to be caused by or incidental to such activities.
As used herein, the term "aircraft" shall mean any and all types of aircraft,
whether now in existence or hereafter manufactured and developed, and shall
include, but is not limited to, jet aircraft, propeller-driven aircraft, civil aircraft,
military aircraft, commercial aircraft, helicopters and all other types of aircraft
or vehicles now in existence or hereafter developed for the purpose of
transporting persons or property through the air.
6.3.2 Grantor reserves unto itself, its successors and assigns, the continuing right to
prevent the erection or growth upon the Premise of any building, structure, tree,
or other object that extends into the airspace above said Premises. The Grantor
reserves a right of ingress to, egress from and passage over the Premises to
remove the offending structure or object, and to cut the offending growth, all at
the expense of the Grantee, in the event the aforesaid covenant is breached.
6.3.3  Grantor reserves the right to cause in all airspace above or in the vicinity of the
surface of the Premises such noise, vibrations, fume, deposits of dust or other
particulate matter, fuel particles (which are incidental to the normal operation of
said aircraft), fear, interference with sleep and communications and any and all
other effects that may be alleged to be incident to or caused by the operation of
aircraft over or in the vicinity of the Premises or in landing at or taking off from
or operating at or on the Airport.
6.3.4  Grantor reserves the right, with five (5) calendar days' advance notice to
Grantee, to inspect NERA Storm Water Facility #6.
6.3.5  Grantor reserve the right to require modifications to NERA Storm Water
Facility #6 in the event that the facility does not perform in compliance with
FAA regulations and in accordance with the objectives for design as well as
criteria for operations specified in the Master Drainage Plan.
6.3.6  Grantor reserves the right to require changes to maintenance practices to NERA
Storm Water Facility #6 in the event that the facility does not perform in
compliance with FAA regulations and in accordance with the objectives for
design as well as criteria for operations specified in the Master Drainage Plan.
7

6.4   Grantee's waiver and release relating to Grantor's reservation of rights. Grantee does
hereby fully waive, remise, and release any right or cause of action which they may
now have or which they may have in the future against Grantor, its successor and
assigns, due to such noise vibrations, fumes, dust, fuel particles and all other effects
that may be caused or may have been caused by the operation of aircraft landing at, or
taking off from, or operating at or on the Airport.
Section 7.   Construction Standard of Care. Grantee shall secure all necessary permits and
authorizations necessary to construct and operate facilities. Grantee shall perform all
construction activities associated with its completion of the Project in compliance with all
federal, state, and local laws, including Environmental Laws and with the terms of this
Easement Agreement. Grantee shall exercise reasonable care in the performance of all its
activities and shall use industry accepted methods and devices for preventing failures and
accidents that are likely to cause damage, injury, or nuisance to the public or to property.
Section 8.   Ownership of Project Improvements. Unless otherwise provided in this
Agreement or in other approvals or agreements, Grantee shall own the Project improvements
made within the Easement area, including, without limitation, improvements constructed by
either party at the cost and expense of Grantee. Nothing in this Agreement, however, shall be
construed as granting to Grantee any interest or right in the Easement or the improvements
within the Easement other than the rights expressly provided herein.
Section 9.   Operations. Grantee shall operate, maintai n, and repair the Project located
within the Easement in compliance with all federal, state, and local laws and in a manner
consistent with industry standards. Grantee shall exercise reasonable care in the performance
of all its activities within the Easement and shall use industry accepted methods and devices for
preventing failures and accidents that are likely to cause damage, injury, or nuisance to the
public or to property.
Section 10.  Liens and Encumbrances. Grantee shall, at its sole cost, keep the Easement free
and clear of any liens or other encumbrances arising out of Grantee's activities under this
Easement.
Section 11.  Transfer of Interests. Grantee shall not assign or tr ansfer this Easement, or any
interest therein to any entity other than a successor agency that would operate and maintain the
Project, without the express written consent of Grantor.  Such consent shall not be
unreasonably withheld.
Section 12.  Binding Effect. This Easement shall inure to  the benefit of Grantee, its
successors and/or assigns and shall be binding upon the Easement and Grantor, and their
respective heirs, successors and/or assigns.
Section 13.  Authority to Execute Easement. Grantor covenants that Grantor is the lawful
owner of the Premises and has a good and lawful right to execute this Easement.

8

Section 14.  Termination and Reversion Upon Abandonment. Either party may terminate
this Easement upon thirty (30) days written notice to the other in the event that Grantee or its
successor agency permanently ceases operation or maintenance of the Premises in accordance
with Grantee's responsibilities in Section 1.3, or in the event that Grantee or its successor
agency does not construct some portion of the Project within the Easement area. In the event
that the Easement terminates, all of the Grantee's rights to the Easement shall cease and all
rights hereunder shall revert to Grantor, except that the continuing obligations contained in
Section 3 shall survive termination.
Section 15.  Notices. Any notice required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been
served and given if (i) placed in the United States mail, certified, return receipt requested, or
(ii) deposited into the custody of a nationally recognized overnight delivery service, addressed
to the party to be notified at the address for such party specified below, or to such other address
as the party to be notified may designate by giving the other party no less than thirty (30) days'
advance written notice of such change in address.
If to Grantee:
City of Burien
400 SW 152nd Street, Suite 300
Burien, WA 98166
Attention: _Public Works Director__
Copy to: _____________________
If to Grantor:
Port of Seattle
P.O. Box 1209
Seattle, WA 98111
Attention: ____________________
Copy to:  General Counsel

Section 16.  Nondiscrimination.
16.1  Grantee, for itself, its heirs, personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that in the event
facilities are constructed, maintained, or otherwise operated on the property described
in this easement, for a purpose for which a United States Department of
Transportation/Federal Aviation Administration program or activity is extended or for
another purpose involving the provision of similar services or benefits, Grantee shall
maintain and operate such facilities and services in compliance with all requirements
imposed by the "Acts and Regulations" (as may be amended) such that no person on
the grounds of race, color or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination I the use of said
facilities. The "Acts and Regulations" referenced in this Section mean Title 49, Code
of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
9

secretary, part 21, Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964
and as said Regulations and Acts may be amended.
16.2  Grantee, for itself, its personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree that: (i) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (ii) in the construction of any improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied benefits of, or otherwise be
subjected to discrimination, and (iii) Grantee shall use the premises in compliance with
all other requirements imposed by or pursuant to the Acts and Regulations, as amended,
set forth in this Assurance.
16.3  Grantee assures that it will comply with pertinent statutes, Executive Orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance. This Provision obligates
Grantee or its transferee for the period during which Federal assistance is extended to
the airport program, except where Federal assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements
thereon. In these cases, the Provision obligates Grantee or any transferee for the longer
of the following periods: (i) the period during which the property is used for a purpose
for which Federal assistance is extended, or for another purpose involving the provision
of similar services or benefits; or (ii) the period during which the Port or any transferee
retains ownership or possession of the property.  In the case of contractors, this
Provision binds the contractors from the bid solicitation period through the completion
of the contract.
16.4  Grantee will, at the timely request of the Port, (a) provide access to records, facilities
and staff as necessary to comply with DOT/FAA compliance reviews and/or complaint
investigations conducted by the DOT/FAA; and (b) provide information needed for
preparation of necessary reports or to meet evaluation requirements of the DOT/FAA.

16.5  Grantee hereby assures that it will include the above clauses in any subcontract(s)
approved by the Port and cause subcontractor(s) to similarly include clauses in further
subcontracts.
Section 17   Recordation. It is understood and agreed that this Easement Agreement shall
not be in recordable form and shall not be placed on public record and any such recording shall
be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum
of Easement in the form attached hereto as Exhibit C ("Memorandum of Easement") subject
to changes required, if any, to conform such form to local recording requirements.  The

10

Memorandum of Easement shall be recorded in the real estate records in the county where the
Premises are located.
Section 18   Miscellaneous.
18.1  Washington Law. All questions concerning the  interpretation or application of
provisions of this Easement Agreement shall be decided according to the substantive
laws of the State of Washington without regard to conflicts of law provisions.
18.2  Venue. To the fullest extent permitted by law, any dispute arising under or in
connection with this Easement Agreement or related to any subject matter which is the
subject of this Easement Agreement shall be subject to the sole and exclusive
jurisdiction of King County Superior Court. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive. Each party hereto hereby
irrevocably consents to the jurisdiction of King County Superior Court in any such
dispute and irrevocably waives, to the fullest extent permitted by law, any objection
that it may now have or hereafter have to the laying of venue in such court and that any
such dispute which is brought in such court has been brought in an inconvenient forum.
18.3  Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Easement Agreement, the prevailing party or parties shall be entitled to
reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party or parties may be entitled.
18.4  Severability. If any provision of this Easement Agreement is held to be illegal, invalid
or unenforceable under present or future laws, such provision will be fully severable
and this Easement Agreement will be construed and enforced as if such illegal, invalid
or unenforceable provision is not a part hereof, and the remaining provisions hereof
will remain in full force and effect. In lieu of any illegal, invalid or unenforceable
provision herein, there will be added automatically as a part of this Easement
Agreement a provision as similar in its terms to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable.
18.5  Entire Understanding. This Easement Agreement is the full and complete agreement
between Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto relating
to Grantee's use of the Premises as described herein; provided, however, nothing herein is
intended to terminate any surviving obligation of Grantor or Grantee of their respective
obligations to defend or hold each other harmless in any prior written agreement between
the parties involving the Premises.
18.6  Time is of the Essence. Time is of the essence for th e performance of this Easement
Agreement.
[Signature page follows]

11

Witness the execution of this Easement Agreement as of the date first set forth above.

Grantor:
Port of Seattle, a Washington municipal corporation 

By: _____________________________
Name:
Title:

Grantee:
City of Burien, a Washington municipal corporation

By: _____________________________
Name:
Title:

[Acknowledgment page follows]






12

STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:                       Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at

My appointment expires:


STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:                       Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:


13

EXHIBIT A
NERA STORMWATER FACILITY #6
EASEMENT LEGAL DESCRIPTIONS
Parcel No. 553090-TRCT C
That portion of Tract C, Miller Court, according to the plat thereof recorded in Volume 192 of
Plats, Page(s) 88 and 89, in King County, Washington; lying east and north of the following
described line;
Commencing at the Southeast corner of said Tract C, thence along the south line
N.8802'01"W., 39.25 feet to the TRUE POINT OF BEGINNING;
Thence leaving the south line of said parcel along a non-tangent 47.00 foot radius curve to the
left whose radius bears S.4938'40"W., through a central angle of 1409'33", a distance of 11.61
feet;
thence N.5430'52"W., 11.01 feet to the point of curve right of a 32.00 foot radius curve;
thence along the arc of said curve right through a central angle of 1940'15", a distance of 10.99
feet, more or less, to the west line of said Tract C and the Point of Termination of herein
described line.
Containing 5,418 square feet, more or less.
Parcel No. 553090-TRCT A
That portion of Tract A, Miller Court, according to the plat thereof recorded in Volume 192 of
Plats, Page(s) 88 and 89, in King County, Washington; lying to the west of the following
described line;
Commencing at the Southeast corner of said Tract A, thence along the south line
N.8802'01"W., 14.69 feet to the TRUE POINT OF BEGINNING;
Thence leaving the south line of said parcel along a non-tangent 57.00 foot radius curve to the
right whose radius bears N.4658'31"E., through a central angle of 2406'17", a distance of
23.98 feet, more or less, to the north line of said Tract A and the Point of Termination of herein
described line.
Containing 2,746 square feet, more or less.
Parcel No. 553090-0060
All of Lot 6 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats, Page(s)
88 and 89, in King County, Washington;
Except the following portion of said lot;

14

Beginning at the Southeast corner of said Lot 6, thence along east line N.0157'59"E., 1.15 feet
to the a non-tangent 32.00 foot radius curve to the right whose radius bears N.5509'23"E.,
through a central angle of 6649'43", a distance of 37.32 feet;
Thence N.3159'06"E., 9.01 feet, more or less, to the north line of said Lot 6;
Thence along said north line N.7012'36"W., 25.58 feet;
Thence S.3159'06"W., 3.61 feet to the point of curve left of a 57.00 foot curve;
Thence along the arc of said curve left through a central angle of 5054'19", a distance of 50.64
feet, more or less, to the south line of said Lot 6;
Thence along said south line S.8802'01"W., 27.63 feet to the Point of Beginning.
Containing 5,795 square feet, more or less.
Parcel No. 553090-0030 
All of Lot 3 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats, Page(s)
88 and 89, in King County, Washington;
Except for the following portion of said Lot 3.
Commencing at the Southeast corner of said Lot 3, thence along south line of lot
N.7012'36"W., 0.75 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said south line N.7012'36"W., 25.58 feet;
Thence leaving south line N.3159'06"E., 38.60 feet to the northeast line of said Lot 6;
Thence along said northeast line S.4338'38"E., 25.81 feet;
Thence leaving said northeast line S.3159'06"W., 26.79 feet to the TRUE POINT OF
BEGINNING.
Containing 7,259 square feet, more or less.
Parcel No. 553090-0020
All Lot 2 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats at Page(s) 88
and 89, in King County, Washington;
Except for the following portion of said Lot 2.
Commencing at the Southwest corner of said Lot 2, thence along the southwest line
N.4338'38"W., 3.28 feet to the TRUE POINT OF BEGINNING;
Thence continuing along the southwest line N.4338'38"W., 25.81 feet;
Thence leaving said line N.3159'06"E., 33.83 feet to the point of curve left of a 35.00 foot
radius curve;
Thence along the arc of said curve left through a central angle of 5152'14", a distance of 31.69
feet;
Thence N.1953'07"W., 5.83 feet to the point of curve right of a 145.00 foot radius curve;
Thence along the arc of said curve right through a central angle of 2056'33", a distance of 53.00
feet, more or less, to the east line of said Lot 2;
15

Thence along east line S.1340'56"E., 108.80 feet;
Thence leaving east line of lot S.3159'06"W., 34.87 feet to the TRUE POINT OF
BEGINNING.
Containing 7,451 square feet, more or less. 
Parcel No. 553090-0010
All of Lot 1 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats, Page(s)
88 and 89, in King County, Washington;
Except for the following portion of said Lot 1.
Commencing at the Southwest corner of said Lot 1, thence along the west line N.1340'56"W.,
23.02 feet to the TRUE POINT OF BEGINNING;
Thence N.3159'06"E., 5.37 feet to the point of curve left of a 60.00 foot radius curve;
Thence along the arc of said curve left through a central angle of 5152'14", a distance of 54.32
feet;
Thence N.1953'07"W., 5.83 feet to the point of curve right of a 120.00 foot radius curve;
Thence along the arc of said curve right through a central angle of 3116'07", a distance of 65.49
feet;
Thence N.1122'59"E., 20.90 feet to the point of curve left of a 40.00 foot radius curve;
Thence along the arc of said curve left through a central angle of 5531'33", a distance of 38.76
feet, more or less, to the east margin of South 144th Way;
Thence southwesterly along said margin being on a concave 316.50 foot curve, whose radius
bears N.5940'11"W., along said arc through a central angle of 453'23", a distance of 27.01
feet;
Thence leaving said margin along a non-tangent 15.00 foot radius curve to the right whose radius
bears S.6954'11"W.;
Thence along the arc of said curve right through a central angle of 3128'48", a distance of 8.24
feet;
Thence S.1122'59"W., 20.90 feet to the point of curve left of a 145.00 foot radius curve;
Thence along the arc of said curve left through a central angle of 1019'34", a distance of 26.13
feet, more or less, to the west line of said Lot 1;
Thence along said west line S.1340'56"E., 108.80 feet to the TRUE POINT OF BEGINNING.
Containing 5,554 square feet, more or less.
Parcel No. 553090-0040 
All of Lot 4 of plat of Miller Court, according to the plat thereof recorded in Volume 192 of
Plats, Page(s) 88 and 89, in King County, Washington;
Containing 7,559 square feet, more or less.

16

Parcel No. 553090-0050 
All of Lot 5 of plat of Miller Court, according to the plat thereof recorded in Volume 192 of
Plats, Page(s) 88 and 89, in King County, Washington;
Containing 8,399 square feet, more or less.
















17

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SEE SHEET 2 OF 2
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EXHIBIT B
NERA STORMWATER FACILITY LOCATIONS 














18

______________________, 2014

City of Burien
400 152nd Street, Suite 300
Burien, WA 98166
Attn: Maiya Andrews, Public Works Director
Re:  License for Temporary Use  Construction  Regional Stormwater System
and Shared Use Path for NERA
Dear Ms. Andrews:
This letter will confirm the terms under which the Port of Seattle ("Port") will grant to the City
of Burien ("Licensee"), a non-exclusive temporary use for construction license ("the License").
The License shall be for the temporary use and/or occupancy of all or a portion of King County
Parcel Numbers 931540-0100, 172304-9198, 172304-9058, 172304-9106, 172304-9083,
172304-9220, 172304-9269, 553090-TRCT A, 553090-TRCT C, 553090-0010, 553090-0020,
553090-0030, 553090-0040, 553090-0050, 553090-0060, 202304-9003, 202304-9239, 202304-
9250, and 202304-9251 located in the City's Northeast Redevelopment Area (the "NERA") as
depicted on Exhibit 1 attached and incorporated by reference hereto ("the Premises") for the
following use of said Premises:
Construction-related activities including accessing construction work areas, grading
required to achieve final elevations, placement of erosion control facilities, invasive
species removal and re-vegetation as part of the vegetation management plan, and to
provide additional area adjacent to the NERA shared use path and stormwater facilities
for operating equipment during construction ("the Permitted Use").
The following terms apply to this License:
1.   Agreement is a License. The relationship between the Port and Licensee is not one of
landlord and tenant, but rather one of licensor and licensee. The incurrence of any costs
with respect to the Premises or Permitted Use by Licensee shall in no way operate to
confer upon Licensee any other interest, status, or estate of any kind other than licensee
nor obligate the Port to enter into any agreement conferring such other interest. Licensee
shall have no recourse against the Port for any breach hereunder.
2. Term. This License shall commence on ______________, 20 14, and terminate on
__________________, 2014. It shall not be subject to extension or renewal without the
express written consent of the Port.
3.   Access Fee. On or before the commencement of the term set for th in paragraph 2,
Licensee shall pay to the Port the sum of Eight Thousand Seven Hundred Twenty-Four
Dollars ($8,724.00) for the use and/or occupancy of the Premises as set forth herein.
1

Licensee is responsible for payment of any tax levied on, or measured by, the access fee
paid by Licensee. Per Washington State Law (RCW 82.29A) leasehold excise tax is
applicable on all terms thirty (30) days or more. In compliance with said RCW 82.29A
the above stated amount does not include leasehold excise tax.
4.   Environmental. Licensee agrees to comply with all applicable rules and regulations of the
Port pertaining to the Premises in existence or hereafter promulgated for water quality
and pollution prevention, for the general safety and convenience of the Port, its various
tenants, invitees, licensees and the general public. Licensee further agrees to comply with
all applicable federal, state, and municipal laws, ordinances, and regulations, including
without limitation those relating to environmental matters.
5.   Licensee Responsible for Safety and Property. Licensee specifically accepts the Premises
in their present condition on an as-is, where-is basis. Licensee's activities within, on or
about the Premises shall be at Licensee's sole risk, and the Port and the City of Burien
shall not be responsible for the safety of Licensee, its employees, agents, licensees or
invitees, or for the condition or loss of any items of personal property brought onto the
Premises by any of them.
6.   Compliance with Laws, Rules, and Regulations. Licensee shall, at its sole cost and
expense, use and/or occupy the Premises solely: (i) in the manner contemplated by this
License, (ii) in an orderly manner so as to avoid unreasonably interfering with or
interrupting the normal business operations and quiet enjoyment of the other occupants of
the Premises or adjoining properties or premises, and (iii) in full compliance with all
applicable governmental laws, rules, regulations, and codes, specifically including those
related to the protection of the environment and those promulgated by the Port for the
general safety and convenience of its customers and the public. Licensee also shall, at its
sole cost and expense, obtain any and all permits, licenses, and approvals that may be
required in order to make lawful the Licensee's activities on the Premises.
7.   Indemnity. The Port, its employees and agents shall not be liable for any injury (including
death) to any persons or for damage to any property regardless of how such injury or
damage be caused, sustained or alleged to have been sustained by Licensee or by other
persons directly or indirectly employed by the Licensee, or any agents, contractors,
subcontractors or invitees of Licensee, as a result of any condition (including existing or
future defects in the Premises) or occurrence (including failure or interruption of utility
service) whatsoever related in any way to the Premises, or for any injury (including
death) to any persons or for damage to any property regardless of how such injury or
damage be caused, sustained or alleged to have been sustained by Licensee or by others,
including but not limited to persons directly or indirectly employed by the Licensee, or
any agents, contractors, subcontractors or invitees of Licensee related in any way to
Licensee's use and/or occupancy of the Premises. Licensee agrees to defend and to hold
and save the Port harmless from all liability or expenses (including attorneys' fees, costs,
and all expenses of litigation) in connection with either (i) any such items of actual or
alleged injury or damage as described above, except when such injury or damage is
caused by the sole negligence of the Port, or (ii) any breach of the terms of this License.
2

Licensee expressly agrees that its duty to defend and indemnify the Port includes
negligent acts, which are concurrent, contributory, or both by the Port, resulting in said
damage or injury. Licensee also agrees that the foregoing indemnity specifically covers
actions brought by its own employees, and thus Licensee expressly waives its immunity
under industrial insurance, Title 51 RCW, as necessary to effectuate this indemnity.
8. Insurance. Licensee at Licensee's expense shall procure and maintain a continuous
program of commercial insurance, self-insurance, or a combination of commercial and
self-insurance that is acceptable to the Port. Evidence of Licensee's insurance program
shall be submitted and reviewed by the Port. If the program is found to be deficient in any
capacity, the Port will require Licensee to correct the deficiencies. If Licensee uses selfinsurance
to meet any part of the required insurance obligation, the self-insurance must
be equivalent in coverage and terms to the required coverage identified below.  Any
commercial insurance coverage that Licensee carries shall be on a primary basis, and any
insurance that the Port may carry will apply strictly on an excess basis over any
applicable commercial insurance or self-insurance the Licensee may carry. The required
insurance to be provided is:
i.    Commercial general liability insurance on ISO Form CG 00 01 10 01 (or
equivalent) for third party property damage, bodily injury, personal and
advertising injury, and medical payments in an amount which is not less than
$1,000,000 per occurrence.  The Port shall be named as an additional insured on
this policy.
ii.    Automobile liability insurance shall be provided in an amount not less than
$1,000,000 per occurrence on a combined single limit basis for bodily injury and
property damage using ISO Form CA 00 01 (or equivalent).
9.   Licensee Responsible for Damages. Licensee assumes full responsibility for all damages
or losses incurred by the Port or others arising from Licensee's entry onto, occupancy of
and/or use of the Premises, whether caused by Licensee, its employees, agent, licensees
or invitees.
10. Termination of Agreement. Notwithstanding any specific term set forth in this License,
the Port may terminate this License, in its sole discretion and for any reason whatsoever,
effective upon delivery of written notice to Licensee at the address set forth above.
11. Applicable Law; Attorneys' Fees. This License shall be construed and enforced in
accordance with the laws of the State of Washington. In the event either party requires
the services of an attorney in connection with enforcing the terms of this License, the
prevailing party shall be entitled to a reasonable sum for attorneys' fees, witness fees and
other court costs and expenses, both at trial and on appeal.
12. Entire Agreement. This letter sets forth all covenants, promises, agreements, conditions
and understandings between the Port and Licensee concerning the use of the Premises for
the Permitted Use. No subsequent alteration, amendment, change or addition to this

3

Licensee shall be binding upon the Port or Licensee unless reduced to writing and signed
by Licensee and the Port.
13. Restoration. At the termination of this License, Licensee shall restore the Premises and
any other impacted property to the same or similar condition as it was immediately before
Licensee entered the Premises. All equipment and material stored on the Premises
pursuant to the License will be removed from the Premises at the termination of the term
of the License.
If you have a program of self-insurance, please provide a statement describing the program and
your solvency and ability to meet the obligations of the program.  Otherwise, when
communicating with your insurance agent regarding the processing and distribution of the abovespecified
proof of insurance, please note that a broker-generated Accord Form 25-S is
acceptable, but it must be modified to strictly match the terms of the Agreement. Certificates that
do not include the foregoing requirements specified in paragraph 8 above cannot be accepted by
the Port.
Please countersign and return the enclosed duplicate original of this License along with any
required access fee, any applicable security deposit, certificate of insurance, and additional
insured  endorsement  or  statement  regarding  your  program  of  self-insurance  by
_________________, 2014.
Sincerely,

Name:
Title:
Enclosures
1. Drawing of Premises

Agreed and accepted this ___ day of ____________, 2014:
City of Burien,
a Washington Municipal Corporation
By: ________________________________
Its: ________________________________



4

# 2146+10 1( 5'%6+10 6 0 4 ' 9 /

[Stamp] dano
[Annotation] dano
# 2146+10 1( 5'%6+10 6 0 4 ' 9 /

SHARED-USE PATH EASEMENT AGREEMENT
THIS SHARED-USE PATH EASEMENT AGREEMENT ("Easement") is entered into as
of _____________________, 2013 ("Effective Date") by and between  the PORT OF
SEATTLE, a Washington municipal corporation, ("Grantor") and the CITY OF BURIEN, a
Washington municipal corporation ("Grantee").
RECITALS
A.   Grantor owns or controls certain real property situated in the City of Burien, King
County, Washington, as legally described and depicted on Exhibits A-1 and A-2 attached
hereto, incorporated by reference and made a part hereof (the "Premises").
B.   Grantee has requested that Grantor grant to Grantee an exclusive permanent easement
over the Premises for the Easement Purpose (as defined below).
C.   On ____________________, 2013, Grantor's Port of Seattle Commissioners authorized
execution of an Interlocal Agreement dated ___________________, 2013 between the Port
and the City of Burien, which among several items, provides for the City's construction and
operation of a twenty-five (25)-foot wide shared use path in tandem with several storm water
facilities in the City's Northeast Redevelopment Area (the "Project").
D.   Grantor has agreed to grant Grantee the requested easement for good and valuable
consideration related to the terms and conditions set forth in this Easement Agreement as well
as the benefits associated with accomplishment of the Project.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein, the mutual promises contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
Section 1   Granting of Easement.
1.1    Easement Purpose. The "Easement Purpose" shall include:
(a) Access by Grantee parties, including via vehicles with equipment, supplies and
labor necessary to perform maintenance of NERA Storm Water Facilities #3, #5,
and #6 as identified on Exhibit B ("NERA Stormwater Facility Locations") 
attached hereto, incorporated by reference and made a part hereof;
(b) Maintenance and repair by Grantee, Grantee's employees, contractors, agents
("Grantee parties") of the Shared-Use Path and access by foot or vehicles necessary
to maintain and repair it;
(c) Activities related to construction of the Shared-Use Path;

1

(d) Access for vehicles used by police, firefighters, emergency medical personnel to
address public health and safety issues or emergencies in the Premises and at the
adjacent NERA Storm Water Facilities #3, #5, and #6;
(e) Access by police and police vehicles for enforcement of laws, rules, regulations and
restrictions applicable to the Premises; and
(f) Travel and recreational use by the public, including walking, hiking, jogging,
bicycling, or other human-powered modes of transport; provided that persons who
have mobility impairments may use mobility-aid devices to provide an alternate
local transportation connection between development and neighborhoods within
and outside the NERA. Any recreational use is secondary and incidental to this
easement's primary purpose, which is to provide access to the stormwater facilities
to be built in the NERA, and to provide a local alternate transportation corridor
("Shared-Use Path Use").
1.2   Grant. Grantor does hereby grant unto Grantee a permanent , exclusive easement 
("Easement") over, under, across and through the Premises for the Easement Purpose
and for no other purpose provided that Section 14 shall apply in the event that Grantee
abandons operation of the Easement area for the Shared-Use Path Use described in
Section 1.1(a) or Grantee abandons operation of the storm water facilities referenced in
Section 1.1(c). This Easement shall only include such rights in the Premises as shall be
necessary for the activities contemplated by this Easement. This Easement is subject to
all existing encumbrances of record as identified in those preliminary title commitments
issued by First American Title dated August 13, 2013 under guarantee numbers
2137878, 2137879, 2137880, 2137881, 2137882, 2137883, 2137884, 2137885,
2137886, and 2144874.
1.3    Responsibilities of Grantee for Premises.
1.3.1  Grantee shall be responsible for all maintenance and repair associated with the
Shared-Use Path in the Premises.
1.3.2  Grantee shall be responsible for maintaining public health and safety in the
Premises.
1.3.3  Grantee shall be responsible for regulating and policing the Shared-Use Path to
ensure that there is no public assembly, congregation or congestion of persons,
bicycles or other vehicles in the Premises that conflict with applicable FAA
regulations.
1.3.4  Grantee shall be responsible for ensuring that activities within the Premises
comply with all laws, regulations, orders, covenants and restrictions. Grantee
shall be responsible for proper management of any waste or other materials
deposited in the Premises by Grantee, Grantee's agents, officers, employees,
invitees or members of the public. Grantee shall regulate to ensure that any
2

activity in the Premises is compatible with not only Airport uses but also the use
and safety of the Approach Transition Zone.
1.3.5  Grantee shall restrict the height of structures, objects of natural growth and
other obstructions on the Premises to an elevation of not more than 416 feet
Datum NAVD 88.
1.3.6  Grantee shall ensure the use of the Premises does not interfere with landing or
taking off of aircraft at the Seattle Tacoma International Airport (the "Airport"),
or otherwise constitute an "airport hazard."  Any uses that create electrical
interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport
lights and other, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in
any way endanger or interfere with the landing, takeoff or maneuvering of
aircraft intending to use the airport shall be deemed an airport hazard.
1.4    Term of Easement. The term of the Easement shall be perpetual, unless sooner
abandoned under provisions of this Easement.
1.5    Grantee's Representations and Warranties.
1.5.1  Grantee represents and warrants that the bicycle and pedestrian use of the
Shared-Use Path Easement will not convert the Premises into a park or
recreational facility. Grantee acknowledges that in the event the Premises is
deemed to be a public park or recreation area under 49 U.S. C. Section 303, also
known as a Section 4(f) use, the ability to use the Premises for Airport-related
purposes will be unacceptably compromised or curtailed.  Grantee further
warrants that any official references to the Premises by the Grantee, whether in
speech or writing, will specify that it is an easement to connect to the Burien
Loop (as defined and depicted in the Burien Pedestrian and Bicycle Facilities
Plan), but the Premises itself is not a park or recreational facility.
1.5.2  Grantee represents and warrants that any recreational use of the Shared-Use
Path Easement shall be secondary to its purpose to provide access to the
stormwater facilities to be built in the NERA and to provide an alternate local
transportation connection between neighborhoods within and outside the
NERA.
1.5.3  Grantee represents, warrants and agrees that in the exercise of its easement
rights, Grantee will not in any manner interfere with or interrupt the use or
operation of the Airport or Airport facilities and that Grantee's easement rights
will be subordinated to Airport use and development.
Section 2    Indemnification.

3

2.1   At Grantee's sole expense, Grantee shall indemnify, hold harmless, and defend Grantor
from and against any and all claims, lawsuits, damages, liabilities, fines, expenses, fees
and costs of any kind, arising from Grantee's intentional misconduct, negligence, or
breach of the representations or warranties contained herein or default in the
performance of Grantee's responsibilities under the provisions of this Easement. As
used in this Section 2.1, the term "Grantee" shall include employees, agents,
contractors, and persons entering the Premises under the express or implied invitation
of Grantee.
2.2   Upon written notice from Grantor, Grantee agrees to assume the defense of any lawsuit
or other proceeding brought against Grantor by any entity, relating to any matter
covered by this Easement for which Grantee has an obligation to assume liability for
and/or save and hold harmless Grantor. Grantee shall pay all costs incident to such
defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and
appeal expenses, settlement payments, and amounts paid in satisfaction of judgments.
Section 3    Environmental Liability Allocation and Potential Costs of Handling Hazardous
Substances associated with the Project. 
3.1   Definition of Hazardous Substances. "Hazardous Substance" shall mean and refer to
any hazardous or toxic substance, material or waste, including, but not limited to, (i)
those substances, materials, and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. 172.101), (ii) those substances,
materials, and wastes listed by the United States Environmental Protection Agency as
hazardous substances (40 C.F.R. Part 302 and amendments thereto), (iii) those
substances, materials and wastes listed by the Washington State Department of Ecology
as hazardous substances (Washington Administrative Code 173-303 and 173-340), (iv)
petroleum products and their derivatives, and (v) such other substances, materials and
wastes as are or become regulated or subject to authority by any federal, state, or local
jurisdiction under any environmental laws.
3.2   Indemnity for pre-existing hazardous substances.
3.2.1  Grantee shall have no obligation to indemnify or defend Grantor, Grantor's
agents, elected officials, officers or employees, from and against any and all
liability, loss, damage, expense, actions and claims arising from or related to the
pre-existence of any Hazardous Substances, if any, in, under, or on property
owned by Grantor.
3.2.2  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the migration of
Hazardous Substances regardless of whether they are pre-existing or released by
Grantee, if the activities of Grantee, Grantee's agents, officers, employees,
invitees, or members of the public in the Premises cause such migration.

4

3.2.3  Grantee shall indemnify or defend Grantor, Grantor's agents, elected officials,
officers or employees, from and against any and all liability, loss, damage,
expense, actions and claims arising from or related to the actions or omissions
of Grantee, or Grantee's breach of its obligations in this Easement, that
exacerbate contamination or increase the level of any pre-existing Hazardous
Substances to actionable levels.
3.3   Waiver and Release. Grantee waives and releases Gr antor from any and all liability,
loss, damage, expense, actions and claims arising from or related to the pre-existence of
any Hazardous Substances, if any, in, under, or on property owned by Grantor or any
other condition of the Premises.
3.4   Materials Management During Construction. Grantee shall be responsible for
conducting and paying for all testing, profiling and proper disposal of any materials
generated during construction of the Project, including stormwater, construction debris,
contaminated soils, or any other materials, that Grantee determines must be removed
from the Easement area and the construction site. Grantee shall provide Grantor with
copies of all disposal records documenting the management of such materials.
Section 4    Legal Compliance.
4.1   Compliance. Grantee shall observe and comply  with any and all laws, including
Environmental Laws (as defined below), statutes, regulations, ordinances, orders,
covenants, restrictions, and or decisions of any court of competent jurisdiction relating
to the use of the Premises. Without waiving Grantor's right to enforce the generality of
the foregoing, Grantee shall strictly comply with Federal Aviation Administration
("FAA") regulations related to ensuring that any activity in the Premises is compatible
with not only Airport uses but also the use and safety of the Approach Transition Zone
and Runway Protection Zone as defined in FAA regulations.
4.2   Definition. "Environmental Laws" shall mean and include any and all local, state or
federal laws, rules, orders or regulations in effect during the term of this Easement
Agreement, or any part of the term hereof, pertaining to environmental regulation, or the
use, processing, storage, housing, disposal, generation or transportation of Hazardous
Substances, as defined above. Environmental Laws include, but are not limited to, the
following federal statutes, amendments thereto, and any enactments by state or local
jurisdictions which address similar subjects: the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, the Superfund Amendments and
Reauthorization Act of 1986, the Resource Conservation Recovery Act, the Hazardous
and Solid Waste Amendments 1984, the Toxic Substance Control Act, the Federal
Insecticide, Fungicide and Rodenticide Act, the Federal Water Pollution Control Act, the
Federal Clean Air Act, the Federal Clean Water Act, the National Environmental Policy
Act, the Hazardous Materials Transportation Act, spill prevention and control legislation,
and any regulations promulgated with respect to any such statutes.

5

Section 5    Insurance. Grantee shall provide the follo wing insurance coverage which it
shall obtain from commercial insurance carriers and this coverage shall be maintained
throughout the term of the Easement.
5.1    Required Coverage. 
5.1.1  Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or an
equivalent policy form) for third party property damage, bodily injury, personal
and advertising injury, and medical payments in an amount which is not less
than $1,000,000 per occurrence and $2,000,000 annual aggregate. Grantee's
insurance shall be primary and non-contributory with respect to any insurance
the Port carries and apply separately to each insured. The Port shall be named
as an additional insured on this policy.
5.1.2  Automobile Liability Insurance on a combined single limit basis for bodily
injury and property damage using with a limit of not less than $1,000,000 per
occurrence.
5.1.3  Pollution liability coverage with the Port named as an additional insured on the
policy, with limits no less than $1,000,000 per occurrence and $2,000,000 in the
aggregate.  The policy coverage shall extend to all sudden and accidental
incidents, claims, damages, and losses, including defense costs that are caused
by pollution incidents that arise from the operations of the Grantee.
5.2    Insurance Certificates. Grantee shall submit to the Po rt a Certificate of Insurance
which shows that it has obtained the required coverage(s) and a copy of the additional
insured endorsement for the commercial general liability insurance policy and the
pollution liability policy.  The stated insurance limits shall not be construed as to
relieve the Grantee from liability in excess of the limits.  All deductibles or selfinsurance
retentions are the responsibility of Grantee.
5.3    Self Insurance. Grantee shall have the option of providing a program of self-insurance
in lieu of commercial insurance. "Self-Insurance" shall mean that Grantee is acting as
though it were the insurance company providing the required insurance. Grantee will
have to provide evidence to the Port that Grantee's self-insurance program
demonstrates a financial worth of sufficient capacity to finance claims, losses, and
defense obligations that would otherwise be covered by the commercial insurance
specified above.  If the Port does not accept in whole or in part, Grantee's selfinsurance
program, Grantee shall provide commercial insurance as required by this
Section.
Section 6.   Grantor's Use of the Premises. Grantor, its successors and assigns, may use the
Premises only for uses specifically granted in the Easement Purpose, for as long as it does not
interfere with the Easement Purpose as described in Section 1.1, and as long as it is not
inconsistent with the rights herein granted and is subject to the conditions of this Agreement. .

6

6.1   Grantor's reservation of rights.
6.1.1  Grantor reserves unto itself, its successors and assigns, for the use and benefit of
the public the right of flight for the passage of aircraft in and through the
airspace above the surface of the Premises, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft, now
known or hereafter used, for navigation of or flight in the said airspace, and for
the use of said airspace for landing on, taking off from, or operating on the
Airport.
This reservation of right is for the free and unobstructed use and passage of all
types of aircraft in and through the airspace over or in the vicinity of the
Premises, with such use and passage to be unlimited as to frequency, type of
aircraft, and proximity.  Grantee further waives all damages and claims for
damages caused or alleged to be caused by or incidental to such activities.
As used herein, the term "aircraft" shall mean any and all types of aircraft,
whether now in existence or hereafter manufactured and developed, and shall
include, but is not limited to, jet aircraft, propeller-driven aircraft, civil aircraft,
military aircraft, commercial aircraft, helicopters and all other types of aircraft
or vehicles now in existence or hereafter developed for the purpose of
transporting persons or property through the air.
6.1.2  Grantor reserves unto itself, its successors and assigns, the continuing right to
prevent the erection or growth upon the Premise of any building, structure, tree,
or other object that extends into the airspace above said Premises. The Grantor
reserves a right of ingress to, egress from and passage over the Premises to
remove the offending structure or object, and to cut the offending growth, all at
the expense of the Grantee, in the event the aforesaid covenant is breached.
6.1.3 Grantor reserves the right to cause in all airspace above or in the vicinity of the
surface of the Premises such noise, vibrations, fumes, deposits of dust or other
particulate matter, fuel particles (which are incidental to the normal operation of
said aircraft), fear, interference with sleep and communications and any and all
other effects that may be alleged to be incident to or caused by the operation of
aircraft over or in the vicinity of the Premises or in landing at or taking off from
or operating at or on the Airport.
6.2   Grantee's waiver and release relating to Grantor's reservation of rights. Grantee does
hereby fully waive, remise, and release any right or cause of action which they may
now have or which they may have in the future against Grantor, its successor and
assigns, due to such noise vibrations, fumes, dust, fuel particles and all other effects
that may be caused or may have been caused by the operation of aircraft landing at, or
taking off from, or operating at or on the Airport

7

Section 7.   Construction Standard of Care. Grantee shall secure all necessary permits and
authorizations necessary to construct and operate facilities.  Grantee shall perform all
construction activities associated with its completion of the Project in compliance with all
federal, state, and local laws, including Environmental Laws and with the terms of this
Easement Agreement. Grantee shall exercise reasonable care in the performance of all its
activities and shall use industry accepted methods and devices for preventing failures and
accidents that are likely to cause damage, injury, or nuisance to the public or to property.
Section 8.   Ownership of Project Improvements. Unless otherwise provided in this
Agreement or in other approvals or agreements, Grantee shall own the Project improvements
made within the Easement area, including, without limitation, improvements constructed by
either party at the cost and expense of Grantee. Nothing in this Agreement, however, shall be
construed as granting to Grantee any interest or right in the Easement or the improvements
within the Easement other than the rights expressly provided herein.
Section 9.   Operations. Grantee shall operate, maintai n, and repair the Project located
within the Easement in compliance with all federal, state, and local laws and in a manner
consistent with industry standards. Grantee shall exercise reasonable care in the performance
of all its activities within the Easement and shall use industry accepted methods and devices for
preventing failures and accidents that are likely to cause damage, injury, or nuisance to the
public or to property.
Section 10.  Liens and Encumbrances. Grantee shall, at its sole cost, keep the Easement free
and clear of any liens or other encumbrances arising out of Grantee's activities under this
Easement.
Section 11.  Transfer of Interests. Grantee shall not assign or tr ansfer this Easement, or any
interest therein to any entity other than a successor agency that would operate and maintain the
Project, without the express written consent of Grantor.  Such consent shall not be
unreasonably withheld.
Section 12.  Binding Effect. This Easement shall inure to  the benefit of Grantee, its
successors and/or assigns and shall be binding upon the Easement and Grantor, and their
respective heirs, successors and/or assigns.
Section 13.  Authority to Execute Easement. Grantor covenants that Grantor is the lawful
owner of the Premises and has a good and lawful right to execute this Easement.
Section 14.  Termination and Reversion Upon Abandonment. Either party may terminate
this Easement upon thirty (30) days written notice to the other in the event that Grantee or its
successor agency permanently ceases operation or maintenance of the Premises in accordance
with Grantee's responsibilities in Section 1.3, or in the event that Grantee or its successor
agency does not construct some portion of the Project within the Easement area. In the event
that the Easement terminates, all of the Grantee's rights to the Easement shall cease and all
rights hereunder shall revert to Grantor, except that the continuing obligations contained in
Section 3 shall survive termination.
8

Section 15.  Notices. Any notice required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been
served and given if (i) placed in the United States mail, certified, return receipt requested, or
(ii) deposited into the custody of a nationally recognized overnight delivery service, addressed
to the party to be notified at the address for such party specified below, or to such other address
as the party to be notified may designate by giving the other party no less than thirty (30) days'
advance written notice of such change in address.
If to Grantee:
City of Burien
400 SW 152nd Street, Suite 300
Burien, WA 98166
Attention: Public Works Director___
Copy to: _____________________
If to Grantor:
Port of Seattle
P.O. Box 1209
Seattle, WA 98111
Attention: ____________________
Copy to:  General Counsel

Section 16.  Nondiscrimination.
16.1  Grantee, for itself, its heirs, personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that in the event
facilities are constructed, maintained, or otherwise operated on the property described
in this easement, for a purpose for which a United States Department of
Transportation/Federal Aviation Administration program or activity is extended or for
another purpose involving the provision of similar services or benefits, Grantee shall
maintain and operate such facilities and services in compliance with all requirements
imposed by the "Acts and Regulations" (as may be amended) such that no person on
the grounds of race, color or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination I the use of said
facilities. The "Acts and Regulations" referenced in this Section mean Title 49, Code
of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
secretary, part 21, Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964
and as said Regulations and Acts may be amended.
16.2  Grantee, for itself, its personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree that: (i) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
9

facilities, (ii) in the construction of any improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied benefits of, or otherwise be
subjected to discrimination, and (iii) Grantee shall use the premises in compliance with
all other requirements imposed by or pursuant to the Acts and Regulations, as amended,
set forth in this Assurance.
16.3  Grantee assures that it will comply with pertinent statutes, Executive Orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance. This Provision obligates
Grantee or its transferee for the period during which Federal assistance is extended to
the airport program, except where Federal assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or improvements
thereon. In these cases, the Provision obligates Grantee or any transferee for the longer
of the following periods: (i) the period during which the property is used for a purpose
for which Federal assistance is extended, or for another purpose involving the provision
of similar services or benefits; or (ii) the period during which the Port or any transferee
retains ownership or possession of the property.  In the case of contractors, this
Provision binds the contractors from the bid solicitation period through the completion
of the contract.
16.4  Grantee will, at the timely request of the Port, (a) provide access to records, facilities
and staff as necessary to comply with DOT/FAA compliance reviews and/or complaint
investigations conducted by the DOT/FAA; and (b) provide information needed for
preparation of necessary reports or to meet evaluation requirements of the DOT/FAA.

16.5  Grantee hereby assures that it will include the above clauses in any subcontract(s)
approved by the Port and cause subcontractor(s) to similarly include clauses in further
subcontracts
Section 17   Recordation. It is understood and agreed that this Easement Agreement shall
not be in recordable form and shall not be placed on public record and any such recording shall
be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum
of Easement in the form attached hereto as Exhibit C ("Memorandum of Easement") subject
to changes required, if any, to conform such form to local recording requirements.  The
Memorandum of Easement shall be recorded in the real estate records in the county where the
Premises are located.
Section 18   Miscellaneous.
18.1  Washington Law. All questions concerning the  interpretation or application of
provisions of this Easement Agreement shall be decided according to the substantive
laws of the State of Washington without regard to conflicts of law provisions.

10

18.2  Venue. To the fullest extent permitted by law, any dispute arising under or in
connection with this Easement Agreement or related to any subject matter which is the
subject of this Easement Agreement shall be subject to the sole and exclusive
jurisdiction of King County Superior Court. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive. Each party hereto hereby
irrevocably consents to the jurisdiction of King County Superior Court in any such
dispute and irrevocably waives, to the fullest extent permitted by law, any objection
that it may now have or hereafter have to the laying of venue in such court and that any
such dispute which is brought in such court has been brought in an inconvenient forum.
18.3  Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Easement Agreement, the prevailing party or parties shall be entitled to
reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party or parties may be entitled.
18.4  Severability. If any provision of this Easement Agreement is held to be illegal, invalid
or unenforceable under present or future laws, such provision will be fully severable
and this Easement Agreement will be construed and enforced as if such illegal, invalid
or unenforceable provision is not a part hereof, and the remaining provisions hereof
will remain in full force and effect. In lieu of any illegal, invalid or unenforceable
provision herein, there will be added automatically as a part of this Easement
Agreement a provision as similar in its terms to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable.
18.5  Entire Understanding. This Easement Agreement is the full and complete agreement
between Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto relating
to Grantee's use of the Premises as described herein; provided, however, nothing herein is
intended to terminate any surviving obligation of Grantor or Grantee of their respective
obligations to defend or hold each other harmless in any prior written agreement between
the parties involving the Premises.
18.6  Time is of the Essence. Time is of the essence for th e performance of this Easement
Agreement.

[Signature page follows]




11

Witness the execution of this Easement Agreement as of the date first set forth above.

Grantor:
Port of Seattle, a Washington municipal corporation 

By: _____________________________
Name:
Title:

Grantee:
City of Burien, a Washington municipal corporation

By: _____________________________
Name:
Title:

[Acknowledgment page follows]






12

STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:                       Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:
STATE OF WASHINGTON )
) 
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _____________ is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the
__________________________ to be the free and voluntary act and deed of such party for the
uses and purposes mentioned in the instrument.
Dated:         Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at
My appointment expires:





13

EXHIBIT A-1
SHARED-USE PATH EASEMENT
AFFECTED PROPERTIES
Parcel No. 202304-9239
That portion of the Northeast quarter of the Northeast quarter of Section 20, Township 23 North,
Range 4 East, Willamette Meridian, in King County, Washington, described as follows:
BEGINNING at a point on the Westerly line of said subdivision 792 feet south of the Northwest
corner thereof;
Thence South 8928'14" East, 287.26 feet to Des Moines Way;
Thence Southwesterly along Des Moines Way 120 feet;
Thence Northwesterly to a point on the West line of said subdivision, 13 feet south of the POINT
OF BEGINNING;
Thence North to the POINT OF BEGINNING;
Except that portion thereof condemned in King County Superior Court Cause number 705679 for
Secondary State Highway No. 1-K.
Parcel No. 202304-9251
That portion of the Northeast quarter of the Northeast quarter of Section 20, Township 23 North,
Range 4 East, Willamette Meridian, in King County, Washington, described as follows:
BEGINNING at a point on the West line of said subdivision at a point 692.00 feet south of the
North line thereof;
Thence on said West line South 100.00 feet;
Thence East parallel with the North line of said subdivision 304.766 feet, more or less, to the
Northwest line of Des Moines Way;
Thence on said Northwest line Northeasterly 122.42 feet to a point to a point East of the point of
beginning on a line parallel with the North line of said subdivision;
Thence West parallel with the North line of said subdivision 376.155 feet, more or less, to the
POINT OF BEGINNING;
Except the West 100 feet thereof.
Parcel No. 202304-9250
Beginning at the Northeast corner of Section 20, Township 23 North, Range 4 East, Willamette
Meridian, in King County, Washington;
Thence West along the North line of said Section 1320 feet;
Thence South 575 feet to the true POINT OF BEGINNING;
Thence South 117 feet;
Thence East 376.15 feet, more or less, to the Westerly line of Des Moines Way;

14

Thence Northeasterly along said Way line 143.24 feet to a point East of the true POINT OF
BEGINNING;
Thence West 459.68 feet, more or less, to the true POINT OF BEGINNING.
Parcel No. 553090-TRCT C
Tract C, Miller Court, according to the plat thereof recorded in Volume 192 of Plats, Page(s) 88
and 89, in King County, Washington;

Parcel No. 553090-TRCT A
Tract A, Miller Court, according to the plat thereof recorded in Volume 192 of Plats, Page(s) 88
and 89, in King County, Washington;
Parcel No. 553090-0060
Lot 6 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats, Page(s) 88 and
89, in King County, Washington;
Together with an undivided interest in Tract C of said Plat.
Parcel No. 553090-0030
Lot 3 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats, Page(s) 88 and
89, in King County, Washington;
Together with an undivided interest in Tract C of said Plat.
Parcel No. 553090-0020
Lot 2 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats at Page(s) 88
and 89, in King County, Washington;
Together with an undivided interest in Tracts B and C of said Plat.
Parcel No. 553090-0010
Lot 1 of Plat of Miller Court, according to plat recorded in Volume 192 of Plats, Page(s) 88 and
89, in King County, Washington;


15

Parcel No. 172304-9198
That portion of the south half of the southeast quarter of the southeast quarter of Section 17,
Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington.
Described as follows:
Beginning at the intersection of the westerly margin of Des Moines Highway as it existed on
January 2, 1969 with a line 30 feet north of and parallel to the south line of said subdivision;
Thence westerly along the northerly margin of South 144th Street a distance of 195 feet to the
TRUE POINT OF BEGINNING;
Thence northerly along a line parallel to the westerly line of said subdivision to the intersection
with the southerly line of the northerly 322.20 feet of the south half of the southeast quarter of
the southeast quarter,
Thence westerly along said line to the east line of the west 415.70 feet of said subdivision;
Thence northerly along the east line of the said west 415.70 feet of said subdivision to the
southerly line of the north 173 feet of the south half of the southeast quarter of the southeast
quarter;
Thence westerly along the southerly line of the said north 173 feet of the south half of the
southeast quarter of the southeast quarter to the westerly line of said subdivision;
Thence southerly along the westerly line of said subdivision to a point 30 feet north of said south
line of said subdivision,
Thence easterly along a line 30 feet north of and parallel to the south line of said subdivision to
the TRUE POINT OF BEGINNING;
Together with easements for ingress and egress over and across the westerly 25 feet and the
southerly 20 feet of the following described property, to wit:
That portion of the south half of the southeast quarter of the southeast quarter of Section 17,
Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington.
Described as follows:
Beginning at the intersection of the westerly margin of Des Moines Highway as it existed on
January 2, 1969 with a line 30 feet north of and parallel to the south line of said subdivision,
Thence northerly along said westerly highway margin a distance of 90 feet to the TRUE POINT
OF BEGINNING of the tract of land herein described;
Thence westerly parallel to the southerly margin of said southeast quarter of the southeast quarter
a distance of 103.07 feet;
Thence northerly parallel to the westerly line of said southeast quarter of the southeast quarter a
distance of 44.54 feet;
Thence westerly parallel to the southerly line of said subdivision a distance of 75 feet,
Thence northerly parallel to the westerly line of said subdivision to an intersection with the south
line of the north 322.30 feet of said south half of the southeast quarter of the southeast quarter;
Thence east on said line to westerly margin of said Des Moines Highway;
Thence southerly along said westerly margin to the TRUE POINT OF BEGINNING;

16

Except that portion of said property previously conveyed to Theodore C. Lund and Jeanne Lund,
by deed dated August 10, 1959, in partial fulfillment of real estate contract dated October 4,
1957 and recorded under Recording Number 4842284, which deed of August 10, 1959, in partial
fulfillment of said contract is recorded under Recording Number 5067494;
Also except that portion thereof conveyed to King County by deed recorded under Recording
Number 7212180143.
Parcel No. 172304-9058 
Beginning at a point on the north line of the south half of the Southeast Quarter of the Southeast
Quarter of Section 17, Township 23 North, Range 4 East, W.M., in King County, Washington,
distant 300 feet west of the intersection of said north line with the westerly line of Des Moines
Way, thence south at right angles to said north line 95 feet,
thence east parallel to said north line of said subdivision 289.09 feet to the westerly line of said
Des Moines Way, thence southerly along said westerly line of Des Moines Way 78.51 feet to an
intersection with a line 173 feet south of and parallel to the north line of said subdivision, thence
west along said parallel line 709.32 feet to the west line of said subdivision, thence northerly
along said west line 173 feet to the northwest corner of said subdivision; thence east along said
north line 430.26 feet to the place of beginning.
Together with that certain easement for water lines recorded under Recording Number 5059085.
Parcel No. 172304-9106
The east 99 feet of the west 231 feet of the northwest quarter of the southeast quarter of the
southeast quarter of Section 17, Township 23 North. Range 4 East, Willamette Meridian, in King
County, Washington;
Except the north 440 feet thereof.

Parcel No. 172304-9083
The west 132 feet of the northwest quarter of the southeast quarter of the southeast quarter of
Section 17, Township 23 North, Range 4 East, Willamette Meridian, in King County,
Washington;
Except the north 30 feet thereof for County road (South 140th Street).
Parcel No. 172304-9220
That portion of the east three-tenths of the northeast quarter of the southwest quarter of the
southeast quarter of Section 17, Township 23 North, Range 4 East, Willamette Meridian, in King
County, Washington, described as follows:
Beginning at the quarter corner common to Sections 17 and 20 in said Township and Range;

17

Running thence North 129'03" East along the center line of said Section 17 a distance of
1289.88 feet to the northerly line of the southwest quarter of the southeast quarter;
Thence South 8836'04" East along said northerly line 1214.52 feet;
Thence South 121'52" West 20 feet to a point on the southerly line of South 140th Street, which
point is the TRUE POINT OF BEGINNING of the tract herein described;
Thence continuing South 121'52" West 630.98 feet, to the southerly line of said northeast
quarter of the southwest quarter of the southeast quarter;
Thence South 8818'59" East along said southerly line, 87.37 feet;
Thence North 120'36" East 631.42 feet, to the southerly line of said South 140th Street;
Thence North 8836'04" West along said southerly line 87.26 feet to the TRUE POINT OF
BEGINNING.
Parcel No. 172304-9269
That portion of the east three-tenths of the northeast quarter of the southwest quarter of the
southeast quarter of Section 17, Township 23 North, Range 4 East, Willamette Meridian, in King
County, Washington, described as follows:
Beginning at the quarter corner common to Sections 17 and 20 in said Township and Range; and
running
Thence North 129'03" East along the center line of said Section 17 a distance of 1289.88 feet to
the northerly line of the southwest quarter of the southeast quarter;
Thence South 8836'04" East along said northerly line 1106.52 feet to the westerly line of said
east three-tenths of the northeast quarter of the southwest quarter of the southeast quarter;
Thence South 121'52" West along said westerly line 20 feet to a point on the southerly line of
South 140th Street, which point is the TRUE POINT OF BEGINNING of the tract herein
described;
Thence continuing South 121'52" West along said westerly line 630.45 feet, more or less, to the
southerly line of said northeast quarter of the southwest quarter of the southeast quarter;
Thence South 8818'59" East along said southerly line 108.24 feet;
Thence North 121'10" East 630.98 feet, more or less, to the southerly line of said 140th Street;
Thence North 8836'04" West along said southerly line 108 feet to the TRUE POINT OF
BEGINNING.





18

EXHIBIT A-1 (CONT'D)
SHARED-USE PATH EASEMENT
ALIGNMENT LEGAL DESCRIPTION
That portion of the Northeast Quarter of Section 20 lying within a strip of land 25.00 feet wide,
lying 15.00 feet to the left and 10 feet to the right of the following described line;
Commencing at the northeast corner of Section 20, Township 23 North, Range 4 East, W.M.,
King County, Washington;
thence N.8802'01"W. along the north line of said Section 20, a distance of 1305.05 feet to the
northwest corner of the Northeast Quarter of the Northeast Quarter of said Section;
thence leaving said north section line S.0117'50"W. along the west line of said subdivision line,
792.00 feet;
thence leaving said west subdivision line S.8802'01"E. parallel to said north section line, 322.85
feet, to the centerline of Des Moines Memorial Drive;
thence S.3712'53"W. along said centerline, 109.51 feet to the TRUE POINT OF BEGINNING
of the strip line herein described;
thence leaving said centerline, N.5149'53"W., a distance of 34.74 feet to the point of curve right
for a 30.00 foot radius curve;
thence along the arc of said curve right through a central angle of 8524'35", a distance of 44.72
feet;
thence N.3334'43"E., 36.34 feet to the point of curve left for a 55.00 foot radius curve;
thence along the arc of said curve left through a central angle of 4401'48", a distance of 42.27
feet; thence N.1027'06"W., 19.55 feet to the point of curve right for a 45.00 foot radius curve;
thence along the arc of said curve right through a central angle of 6247'03", a distance of 49.31
feet; thence N.5219'57"E., 79.61 feet to the point of curve left of a 37.00 foot radius curve;
thence along the arc of said curve left through a central angle of 10650'49", a distance of 69.00
feet; thence N.5430'52"W., 11.01 feet to the point of curve right of a 42.00 foot radius curve;
thence along the arc of said curve right through a central angle of 8629'59", a distance of 63.41
feet;
thence N.3159'06"E., 76.04 feet to the point of curve left of a 50.00 foot radius curve;
thence along the arc of said curve left through a central angle of 5152'14", a distance of 45.27
feet; thence N.1953'07"W., 5.83 feet to the point of curve right for a 130.00 foot radius curve;
thence along the arc of said curve right through a central angle of 3116'07", a distance of 70.95
feet; thence N.1122'59"E., 20.90 feet to the point of curve left of a 30.00 foot radius curve;
thence along the arc of said curve left through a central angle of 6937'45", a distance of 36.46
feet; thence N.5814'46"W., 48.78 feet to the point of curve left of a 70.00 foot radius curve;
thence along the arc of said curve left through a central angle of 4417'25", a distance of 54.11
feet to the point of reverse curve right of a 90.00 foot radius curve;
thence along the arc of said curve right through a central angle of 7135'44", a distance of 112.46
feet to the point of reverse curve left of a 100.00 foot radius curve;
thence along the arc of said curve left through a central angle of 3723'46", a distance of 65.27
feet;
19

thence N.6820'13"W., 56.64 feet to the point of curve right of a 60.00 foot radius curve;
thence along the arc of said curve right through a central angle of 6936'55", a distance of 72.90
feet; thence N.0116'42"E., 78.00 feet;
thence S.8847'32"E., 28.50 feet; thence N.0051'12"E., 15.03 feet to a point on the north line of
said Section, being the Point of Termination of herein described line, the Northeast Corner of
said Section bears S.8802'01"E., 1,287.95 feet.
Except that portion lying within public streets.















20

[Annotation] dano
EXHIBIT A-l (CONT' D',



TRAI L (E
202304-9370

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WCL    BURIEN NERA 
Designed
_GQ_  POQT OF SEATTLE PROPERTIES 
Drown                            A  DORTJON  OF S      TWP.
WCL                            23
10/27/13                 20,      Ne,
R 4  E., W.M
Checked By       Date
.                                                                 312353 
10230 NE Pomts Drive
.
Suite 400                                      PrOJect No.
Kirkland, Washington 98033
H'3 N '
Phone:    425  8224446
1   OF  1
FAX: 425 8279577
Sheet N04

EXHIBIT A-2
SHARED-USE PATH EASEMENT
AFFECTED PROPERTIES

Parcel No. 172304-9198
That portion of the south half of the southeast quarter of the southeast quarter of Section 17,
Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington.
Described as follows:
Beginning at the intersection of the westerly margin of Des Moines Highway as it existed on
January 2, 1969 with a line 30 feet north of and parallel to the south line of said subdivision;
Thence westerly along the northerly margin of South 144th Street a distance of 195 feet to the
TRUE POINT OF BEGINNING;
Thence northerly along a line parallel to the westerly line of said subdivision to the intersection
with the southerly line of the northerly 322.20 feet of the south half of the southeast quarter of
the southeast quarter,
Thence westerly along said line to the east line of the west 415.70 feet of said subdivision;
Thence northerly along the east line of the said west 415.70 feet of said subdivision to the
southerly line of the north 173 feet of the south half of the southeast quarter of the southeast
quarter;
Thence westerly along the southerly line of the said north 173 feet of the south half of the
southeast quarter of the southeast quarter to the westerly line of said subdivision;
Thence southerly along the westerly line of said subdivision to a point 30 feet north of said south
line of said subdivision,
Thence easterly along a line 30 feet north of and parallel to the south line of said subdivision to
the TRUE POINT OF BEGINNING;
Together with easements for ingress and egress over and across the westerly 25 feet and the
southerly 20 feet of the following described property, to wit:
That portion of the south half of the southeast quarter of the southeast quarter of Section 17,
Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington.
Described as follows:
Beginning at the intersection of the westerly margin of Des Moines Highway as it existed on
January 2, 1969 with a line 30 feet north of and parallel to the south line of said subdivision,
Thence northerly along said westerly highway margin a distance of 90 feet to the TRUE POINT
OF BEGINNING of the tract of land herein described;
Thence westerly parallel to the southerly margin of said southeast quarter of the southeast quarter
a distance of 103.07 feet;
Thence northerly parallel to the westerly line of said southeast quarter of the southeast quarter a
distance of 44.54 feet;
21

Thence westerly parallel to the southerly line of said subdivision a distance of 75 feet,
Thence northerly parallel to the westerly line of said subdivision to an intersection with the south
line of the north 322.30 feet of said south half of the southeast quarter of the southeast quarter;
Thence east on said line to westerly margin of said Des Moines Highway;
Thence southerly along said westerly margin to the TRUE POINT OF BEGINNING;
Except that portion of said property previously conveyed to Theodore C. Lund and Jeanne Lund,
by deed dated August 10, 1959, in partial fulfillment of real estate contract dated October 4,
1957 and recorded under Recording Number 4842284, which deed of August 10, 1959, in partial
fulfillment of said contract is recorded under Recording Number 5067494;
Also except that portion thereof conveyed to King County by deed recorded under Recording
Number 7212180143.
Parcel No. 172304-9058 
Beginning at a point on the north line of the south half of the Southeast Quarter of the Southeast
Quarter of Section 17, Township 23 North, Range 4 East, W.M., in King County, Washington,
distant 300 feet west of the intersection of said north line with the westerly line of Des Moines
Way, thence south at right angles to said north line 95 feet,
thence east parallel to said north line of said subdivision 289.09 feet to the westerly line of said
Des Moines Way, thence southerly along said westerly line of Des Moines Way 78.51 feet to an
intersection with a line 173 feet south of and parallel to the north line of said subdivision, thence
west along said parallel line 709.32 feet to the west line of said subdivision, thence northerly
along said west line 173 feet to the northwest corner of said subdivision; thence east along said
north line 430.26 feet to the place of beginning.
Together with that certain easement for water lines recorded under Recording Number 5059085.
Parcel No. 172304-9106
The east 99 feet of the west 231 feet of the northwest quarter of the southeast quarter of the
southeast quarter of Section 17, Township 23 North. Range 4 East, Willamette Meridian, in King
County, Washington;
Except the north 440 feet thereof.
Parcel No. 172304-9083
The west 132 feet of the northwest quarter of the southeast quarter of the southeast quarter of
Section 17, Township 23 North, Range 4 East, Willamette Meridian, in King County,
Washington;
Except the north 30 feet thereof for County road (South 140th Street).
Parcel No. 172304-9220

22

That portion of the east three-tenths of the northeast quarter of the southwest quarter of the
southeast quarter of Section 17, Township 23 North, Range 4 East, Willamette Meridian, in King
County, Washington, described as follows:
Beginning at the quarter corner common to Sections 17 and 20 in said Township and Range;
Running thence North 129'03" East along the center line of said Section 17 a distance of
1289.88 feet to the northerly line of the southwest quarter of the southeast quarter;
Thence South 8836'04" East along said northerly line 1214.52 feet;
Thence South 121'52" West 20 feet to a point on the southerly line of South 140th Street, which
point is the TRUE POINT OF BEGINNING of the tract herein described;
Thence continuing South 121'52" West 630.98 feet, to the southerly line of said northeast
quarter of the southwest quarter of the southeast quarter;
Thence South 8818'59" East along said southerly line, 87.37 feet;
Thence North 120'36" East 631.42 feet, to the southerly line of said South 140th Street;
Thence North 8836'04" West along said southerly line 87.26 feet to the TRUE POINT OF
BEGINNING.
Parcel No. 172304-9269
That portion of the east three-tenths of the northeast quarter of the southwest quarter of the
southeast quarter of Section 17, Township 23 North, Range 4 East, Willamette Meridian, in King
County, Washington, described as follows:
Beginning at the quarter corner common to Sections 17 and 20 in said Township and Range; and
running
Thence North 129'03" East along the center line of said Section 17 a distance of 1289.88 feet to
the northerly line of the southwest quarter of the southeast quarter;
Thence South 8836'04" East along said northerly line 1106.52 feet to the westerly line of said
east three-tenths of the northeast quarter of the southwest quarter of the southeast quarter;
Thence South 121'52" West along said westerly line 20 feet to a point on the southerly line of
South 140th Street, which point is the TRUE POINT OF BEGINNING of the tract herein
described;
Thence continuing South 121'52" West along said westerly line 630.45 feet, more or less, to the
southerly line of said northeast quarter of the southwest quarter of the southeast quarter;
Thence South 8818'59" East along said southerly line 108.24 feet;
Thence North 121'10" East 630.98 feet, more or less, to the southerly line of said 140th Street;
Thence North 8836'04" West along said southerly line 108 feet to the TRUE POINT OF
BEGINNING.


23

EXHIBIT A-2 (CONT'D)
SHARED-USE PATH EASEMENT
ALIGNMENT LEGAL DESCRIPTION
That portion of those parcels listed above, lying westerly of the following described line;
Commencing at the Southeast Corner of Section 17, Township 23 North, Range 4 East, W.M.,
King County, Washington;
thence N.8802'01"W. along the south line of said Section 17, a distance of 1287.95 feet;
thence N.0051'12"E., 27.57 feet to the point of curve right of a 150.00 foot radius curve;
thence along the arc of said curve right through a central angle of 055'53", a distance of 2.44
feet to the north margin of S 144th Street;
thence along said north margin S.8802'01"E., 15.00 feet to the TRUE POINT OF BEGINNING
of the line herein described;
thence along a non-tangent 135.00 foot radius curve to the right, the radius of which bears
S.8814'08"E., through a central angle of 2350'36", a distance of 56.18 feet;
thence N.2536'28"E., 38.08 feet to the point of curve left of a 215.00 foot radius curve;
thence along the arc of said curve left through a central angle of 2844'40", a distance of 107.86
feet; thence N.0308'12"W., 277.17 feet to the point of curve right of a 115.00 foot radius curve;
thence along the arc of said curve right through a central angle of 5406'56", a distance of 108.62
feet;
thence N.5058'44"E., 46.49 feet to the point of curve left of a 80.00 foot radius curve; thence
along the arc of said curve left through a central angle of 6443'48", a distance of 90.38 feet;
thence N.1345'04"W., 36.89 feet to the point of curve left of a 55.00 foot radius curve;
thence along the arc of said curve left through a central angle of 3826'17", a distance of 36.90
feet; thence N.5211'22"W., 97.26 feet to the point of curve right of a 25.00 foot radius curve;
thence along the arc of said curve right through a central angle of 4630'33", a distance of 20.29
feet; thence N.0540'49"W., 144.30 feet to the point of curve left of a 80.00 foot radius curve;
thence along the arc of said curve left through a central angle of 7549'05", a distance of 105.86
feet; thence N.8129'53"W., 31.81 feet to the point of curve right of a 45.00 foot radius curve;
thence along the arc of said curve right through a central angle of 9959'23", a distance of 78.53
feet; thence N.1829'30"E., 29.63 feet to the point of curve left of a 95.00 foot radius curve;
thence along the arc of said curve left through a central angle of 4927'09", a distance of 82.00
feet; thence N.3057'39"W., 20.64 feet to the point of curve right of a 45.00 foot radius curve;
thence along the arc of said curve right through a central angle of 3213'03", a distance of 25.30
feet; thence N.0115'24"E., 11.02 feet to the south margin of S 140th Street;
thence along said south margin N.8834'56"W., 15.00 feet;
thence leaving said margin N.0115'24"E., 20.00 feet to the north line of South Half of the
Southeast Quarter of said Section being the Point of Termination of herein described line from
which the northeast corner of the Southeast Quarter of the Southeast Quarter of said Section
bears S.8834'56"E., 1453.59 feet.
Except that portion lying within public streets.
24

[Annotation] dano
EXHIBIT A-2 (CONT' D',

SEE SHEET 2 OF 2
172304-9194


172304-9039                                                                                        172304-9298
l I L._


172304-9198                       172304-9508





TRUE POINT OF
BEGINNING                            172304-9043

8144THTST           7""
:7 27 
POINT OF
COMMENCEMENT

0' 50' 100'



I
DEW3V3;V      BURDEN NIBRA
080
7                  PORT OF SEAMTTLE PROPERTIES
men                A
WCL             PORTION OI" 3.   TWP. 23
10/27/13                 I7,      N,
4                       m R.   E, W.I\/I.
312358
10230 NE Points Drive
. .
PrOJect No.
Suite 400
""""" Kirkland, Washington 98033
File NO.
Phone:    425  8224446
,7
FAX:     I425I  8274577                             WEE";

[Annotation] dano
EXHIBIT A-2 (CONT' D',



















BURIEN NERA
ORT OF
PAR            SEAJTLE  PROTPtRTIES
_

0
$6?

EXHIBIT B
NERA STORMWATER FACILITY LOCATIONS 














25