5b Attach1

[Stamp] tp3
#23o W Ojtsp0-cn N H P4xf4jw4 C
Item Number:  _____________
Date of Meeting:  ___________ May 3, 2011
5b Attach1
RECORDING REQUESTED BY AND 
WHEN RECORDED MAIL TO: 
Seattle Public Utilities Real Property Services 
Post Office Box 34018 
Seattle, WA 98124-4018 

PUBLIC ACCESS EASEMENT AGREEMENT 

Reference No. of Document Released:     None 
Grantor:                         Port of Seattle 
Grantee:                       City of Seattle 
Legal Description (abbreviated):         Portion of Lots 15, 16, and 32, Block 400,
Plat of Seattle Tidelands 
Assessor's Tax Parcel ID No.          7666702110, 7666702140 

This Public Access Easement Agreement ("Easement Agreement") is made effective as
of the ____ day of ___________, 2011 by and between the Port of Seattle, a Washington
municipal corporation ("Grantor") and the City of Seattle, a Washington municipal
corporation ("Grantee"). 
RECITALS 
WHEREAS, in conjunction with the Grantor's Terminal 18 Redevelopment Project (City
of Seattle Master Use Permit Number 9700752), Grantor petitioned Grantee to vacate
portions of 11th Avenue SW, 13th Avenue SW, SW Florida Street, and SW Hanford Street 
("Streets"), as more particularly described in the vacation petition to the City of Seattle
Clerk File No. 301929; and 
WHEREAS, the vacation of the Streets is conditioned, in part, on Grantor granting a
satisfactory public access easement through portions of Grantor's Property to facilitate
vehicle access by the public as well as Grantee; and 
WHEREAS, Grantor's Property is located within the Harbor Island Superfund Site's Soil
and Groundwater Operable Unit which is governed by a Consent Decree, and therefore
this instrument must preserve EPA's continuing rights of access to the property for the
purposes of monitoring, conducting investigations, implementing response actions,
assessing compliance, and other activities related to the implementation of the Consent
Decree; and 

1

WHEREAS, Grantor desires to fulfill the above-stated conditions to complete the
vacation of Streets on Terminal 18. 
NOW, THEREFORE, the parties agree as follows: 

EASEMENT 

In consideration of the Grantee's vacation of the Streets and other good and valuable
consideration, receipt of which are hereby acknowledged, Grantor hereby conveys and
grants, to Grantee, a nonexclusive permanent easement for public access, including
vehicles and equipment, over, through, across and along the following portions of
Grantor's Property: 
A. The paved and curbed one lane, one-way roadway commonly known as the
"South Loop Road" as legally described in Exhibit A, attached hereto and
incorporated herein ("Loop Road Easement Area"), and 
B. The paved roadway turnaround area, as legally described in Exhibit B,
attached hereto and incorporated herein (("Turnaround Easement Area") and
collectively with the Loop Road Easement Area ("Access Easement Areas")) 
This Easement Agreement shall include only such rights in the Access Easement Areas as
shall be necessary for the surface rights for general public access, including vehicles of
the general public and vehicles and equipment of Grantee for purposes including access
to various utility and other easement areas of Grantee located on Harbor Island 
("Purposes"). Grantor, its successors and assigns, shall have the right to use the Access
Easement Areas in any way and for all purposes which do not unreasonably interfere with
the easement rights for the Purposes herein granted to Grantee and which are consistent
with the terms and conditions of this Easement Agreement. Grantor, at its sole cost and
expense, shall maintain the Access Easement Areas at all times in a manner and standard
consistent with the public roadways maintained by the City of Seattle on Harbor Island. 
Notice is hereby given that the portions of Grantor's property listed above are subject to
the Harbor Island Soil & Groundwater Operable Unit Consent Decree, which was entered
in the United States District Court, Western District of Washington Seattle Division, in
Civil Action No. C95-1495Z ("Consent Decree"). A copy of that document has been 
filed at King County under King County recording number 9608211528. Section X of
the Consent Decree requires that the United States and its representatives, including EPA
and its contractors, be provided access to this property at all reasonable times for the
purposes of conducting activities related to the Consent Decree. Grantee may not
interfere with that right of access. There are no other restrictions or covenants related to
the Consent Decree that are applicable to this Easement Agreement. Except for the
access requirements above, this Easement Agreement does not convey any obligations of

2

the Consent Decree to Grantee and Grantor shall continue meeting the obligations under
the Consent Decree at no expense to Grantee. 
This Easement Agreement and each of the terms, provisions, conditions and covenants
herein shall run with the land and be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors, assigns and successors-in-title. 
















3

Grantor: Port of Seattle 

By: _____________________________ 
Name, title________________________ 
Date ______________________, 2011 

STATE OF _______________________ ) 
) SS. 
COUNTY OF _____________________ ) 
I certify that I know or have satisfactory evidence that __________________ is the
person who appeared before me and signed this instrument, on oath stated that s/he
was authorized to execute the instrument and acknowledged it as _____________ of
Port of Seattle, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument. 
SUBSCRIBED AND SWORN to before me this ____day of
__________________2011. 

NAME______________________________ 
(Print name) 
NOTARY PUBLIC in and for the State of
Washington
____________________________ 
Residing at Seattle
_______________________ 
My appointment expires: _______,20 _____ 




4

EXHIBIT A
.
LEGAL DESCRIPTION OF LOOP ROAD EASEMENT AREA

THOSE PORTIONS OF LOTS 15, 16 AND 32, BLOCK 400, PLAT OF SEATTLE
TIDELANDS, ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF
THE COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON AND THOSE
PORTIONS OF 11TH AVENUE SOUTHWEST AND 13TH AVENUE SOUTHWEST TO BE
VACATED AS DESCRIBED PER RECORD OF SURVEY, "EXHIBIT MAP FOR
HARBOR ISLAND PROJECT, TERMINAL 18, SEATTLE, WASHINGTON, RECORDING
NUMBER 19991008900013, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF KLICKITAT
AVENUE SOUTHWEST AND 123T"I AVENUE SOUTHWEST;
THENCE NORTH 0108'45" EAST,ALONG THE CENTERLINE OF 13TH AVENUE
SOUTHWEST, A DISTANCE OF 391.30 FEET TO THE SOUTHERLY MARGIN OF
13TH AVENUE SOUTHWEST TO BE VACATED AS DESCRIBED PER SAID RECORD
OF SURVEY AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 8916'56" WEST, ALONG SAID SOUTHERLY MARGIN
A
DIS; .NCEOF 2371 FEET,
THE.   NORTH 7806'17" EAST, A DISTANCE OF 27532 FEET TO AN
, CE
INTERSECTION WITH A NON-TANGENT 620.00 FOOT RADIUS CURVE CONCAVE
T  HESOUTH WHICH CENTER BEARS SOUTH 1153'36" EAST, 620.00 FEET
DISTANT; 
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLEOF 1411'51", A DISTANCE OF 153.63 FEET;
THENCE SOUTH 8741'44" EAST, A DISTANCE OF 183.23 FEET TO THE
WESTERLY RIGHT-OFWAY MARGIN OF 1111'l AVENUE SOUTHWEST TO BE
'






.               ,,,ONTINUING SOUTH 8741 '44" EAST, A DISTANCE OF 12503 FEET TO
CEN ER NE OF SAID 11THAVENUE SOUTHWEST TO BE VACATED; THENCE
.









,
UING SOUTH 8741'44" EAST A DISTANCE OF 656 FEET;
THE. .15 SOUTH 005418" wEST A DISTANCE OF 1945 FEET TO THE
SoUTHERLY MARGIN OF SAID 11TH AVENUE SOUTHWEST To BE VACATED AS
DESCRIBED PER SAID RECORD OF SURVEY;
THENCE NORTH 8851'35" WEST, ALONG SAID SOUTHERLY MARGIN, A
DISTANCE OF 6.63 FEET TO SAID CENTERLINE;
,
THENCE CONTINUING NORTH 8851 35" WEST, ALONG SAID SOUTHERLY
MARGIN, A DISTANCE OF 125.00 FEET TO THE WESTERLY RIGHT-OF-WAY
MARGIN OF 11TH AVENUE SOUTHWEST,
THENCE NORTH 010816" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE
OF 2.12 FEET;
THENCENORTH 8741'45" WEST, A DISTANCE OF 18350 FEET TO AN
' INTERSECTION WITH A NON-TANGENT 600
00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH WHICH IT'S CENTERBEARS SOUTH 0218'15" WEST, 500.00 FEET
DISTANT;
THENCE WESTERLY ALONG THEARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 1411'51", A DISTANCE OF 148.88 FEET;
THENCE SOUTH 7806'35" WEST, A DISTANCE OF 192.79 FEET;

THENCE SOUTH 6611'34" WEST, A DISTANCE OF 12.39 FEET TO THE EASTERLY
RIGHT-OF-WAY MARGIN OF 13'" AVENUE SOUTHWEST;
THENCE NORTH 0108'45" EAST, ALONG SAID EASTERLY MARGIN, A DISTANCE
OF 6.63 FEET To THE SOUTHERLY MARGIN OF SAID 13TH AVENUE SOUTHWEST
TO BE VACATED AS DESCRIBED PER SAID RECORD OF SURVEY;
THENCE NORTH 8916'56" WEST, ALONG SAID SOUTHERLY MARGIN, A
DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING;

CONTAINING 14,091.34 SQUARE FEET OR 0.32 ACRES, MORE OR LESS.

PORTION OF Nw 1/4 OF SECTION 18,
T            TOWNSHIP 24 NORTH, RANGE 4 EAST, w.M.
KING COUNTY, WASHINGTON
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POINT or                  N        w
COMMENCEMENT                     E
SW SPOKANE ST

NOTE: ALL BEARINGS SHOWN HEREON ARE BASED UPON THE RECORD OF SURVEY,
"REMONUMENTING A PORTION OF THE SEATTLE TIDELANDS. PORT OF SEATTLE,
TERMINAL 18, SEATTLE, WASHINGTON", FILED UNDER KING COUNTY RECORDING NO.
20020326900003.
T

LOOP ROAD
DATE
EASEMENT AREA         JAN. 12, 2010
INGRESS AND EGRESS EASEMENT   SHEET NO.

EASEMENT EXHIBIT            1

EXHIBIT B
LEGAL DESCRIPTION OF TURNAROUND EASEMENT AREA

THOSE PORTIONS OF 11TH AVENUE SOUTHWEST To BE VACATED, AS
DESCRIBED IN RECORD OF SURVEY "EXHIBIT MAP FOR HARBOR ISLAND
PROJECT TERMINAL 18, SEATTLE, WASHINGTON FILED UNDER RECORDING
NUMBER 19991008900013, RECORDS OF KING COUNTY WASHINGTON, AND
VACATED SOUTHWEST LANDER STREET LYING BETWEEN 11TH AVENUE
SOUTHWEST AND 13TH AVENUE SOUTHWEST AS DESCRIBED PER CITY OF
SEATTLE VACATION ORDINANCE 106612, AND LOT 48, BLOCK 399, PLAT OF
SEATTLETIDELANDS ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE
OFFICE OF THE COMMISSIONER OF PUBLIC LANDS OLYMPIA, WASHINGTON
DESCRIBED AS FO:LI_OWS
COMMENCING AT THE SOUTHWEST CORNER OF LOT 27 BLOCK 398 OF SAID
PLAT;
THENCE SOUTH 885115" EAST ALONG THE NORTH MARGIN OF SAID VACATED
SOUTHWEST LANDER STREET AS DESCRIBED BY SAID ORDINANCE, A
DISTANCE OF 17847 FEET TO THE TRUE POINT OF BEGINNING;
THENCECONTINUING SOUTH 885115" EAST ALONG SAID VACATED NORTH
MARGINHA DISTANCE OF 86.42 FEET TO THE WEST RIGHT~OFWAY MARGIN OF
117"A  NUE SOUTHWEST;
.
THENCESOUTH 01 0816" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF
10  0 EETHTOTHE SOUTH MARGIN OF SAID VACATED SOUTHWEST LANDER
S DESCRIBED BY SAID ORDINANCE;
.              OUTH 885115" EAST ALONG THE NORTHERLY LINE OF THE
so HERLYPORTION OF SAID 11TH AVENUE SOUTHWEST TO BE VACATED AS
DE RIBED BY SAID RECORD OF SURVEY, A DISTANCE OF 1582 FEET TO AN
INTERSECTION WITH A NON-TANGENT 20000 FOOT RADIUS CURVE CCNCAVE
TOTHENORTHWEST WHICH ITS CENTER BEARS NORTH 634810" WEST, 20000
FEET DISTANT; .
THENCE SCUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 020011" A DISTANCE OF 699 FEET TO THE BEGINNING
OF A COMPOUND CURVE CONCAVE To THE NORTH HAVING A RADIUS OF
55.00
FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 8028'37", A DISTANCE OF 77.25 FEET;
THENCE NORTH 5751'15" WEST, A DISTANCE OF 39.09 FEET;
THENCE NORTH 0105'02" EAST, A DISTANCE OF 113.58 FEET TO THE NORTH
MARGIN OF SAID VACATED SOUTHWEST LANDER STREET AS DESCRIBED BY
SAID ORDINANCE AND THE TRUE POINT OF BEGINNING.
CONTAINING 11 383 SQUARE FEET OR 0.26 ACRES, MORE OR LESS.

PORTION OF SW 1/4 OF SECTION 07,
TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M.
KING COUNTY, WASHINGTON

POINT OF COMMENCEMENT  SEATTLE TIDELANDS
SW CORNER OF LOT 27                   MARGIN
BLK 398
/w
27         R
TRUE POINT
OF BEGINNING
'                                                      WEST        N.T.S.
388'51 '15"E 178.47'            88851'15"E 86.42'
V NORTH MARGIN VACATED          sw LANOER ST
EXCEPTION) 19991008900013
SW
100.00'          VACATION N0.
AVE
sw LA_NOER ST                               REC.
(VACATED)                             11TH WAY
11,583 SQ. FT.
(0.26 ACRES)                   SURVEY,
50108'16"W         (RiGHT~OF- OF
SOUTH MARGIN VACATED                                    RECORD
SW LANDER ST
(0RD. 106612)
' 

SEATTLE TIDELANDS 
BLK        399 
BE
TO  NO.
PORTION   RECORD
AVENUE   REC.
PER
SOUTHERLY 11TH VACATED SURVEY,
0F  OF
19991008900013.
TURNAROUND
DATE
EASEMENT AREA         JAN. 12 2011
'
'
11TH AVE sw AND sw LANDER ST   SHEET No.
BASEMENT EXHIBIT            1

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