Item No. 6b_Attach_3 
Date Of Meeting: June 26, 2012 

EXHIBIT B
To 
Resolution No. 3662 
REGIONAL PUBLIC TRAIL EASEMENT
(EASTSIDE RAIL CORRIDOR MP 23.8  MP 27.4) 
THIS REGIONAL PUBLIC TRAIL EASEMENT ("Easement") is granted to KING COUNTY,
a home rule charter county and political subdivision of the State of Washington ("County") by
PORT OF SEATTLE, a Washington state municipal corporation ("Port") for the purposes
hereinafter set forth, effective as of the date of execution.  County and Port are each referred to
herein from time to time as a "Party" and together as the "Parties". 
RECITALS 
A.    Port is the owner of certain real property located in portions of both King County and
Snohomish County, Washington, extending from approximately MP 23.8 to MP 27.4 as
legally described in Exhibit A attached hereto (the "Right of Way Property").  Port
acquired the Right of Way Property, together with certain adjacent real property, from
BNSF Railway Company ("BNSF") pursuant to that certain Quit Claim Deed executed
December 18, 2009 and recorded in the real estate records of King County, Washington
as instrument number 20091218001536 and in the real estate records of Snohomish
County, Washington as instrument number 200912210438 ("Right of Way Deed"). 
B.    BNSF reserved in the Right of Way Deed an exclusive easement for freight rail purposes
(the "Reserved Freight Easement") over the Right of Way Property as well as certain
adjacent real property. BNSF thereafter conveyed its rights under the Reserved Freight
Easement to GNP Rly. Inc., a Washington corporation, ("GNP"), pursuant to that certain
Quit Claim Deed dated as of December 18, 2009 and recorded in the real estate records 
of King County, Washington as instrument number             and in the real 
estate records of Snohomish County, Washington as instrument number 200912210430
("Freight Easement Deed"). GNP's rights in and to the Reserved Freight Easement are
subject to certain covenants running with the land in favor of Port and its successors and
assigns as set forth in the Right of Way Deed. 
Port has agreed to grant County a perpetual, non-exclusive easement over, under, along,
across and through the Easement Area and perpetual, nonexclusive easement over
portions of the Right of Way Property for development, construction, maintenance, repair
and replacement of the Trail and Trail Facilities subject to the terms and conditions set
forth in this Easement. County has agreed and hereby acknowledges that its Easement
rights are subject to the Reserved Freight Easement as well as the terms and conditions of
that certain Operations and Maintenance Agreement between Port and GNP dated as of
December 18, 2009 (the "O&M Agreement"), pursuant to which GNP and its permitted
assignees and successors ("Freight Operator") are entitled to use portions of the Right

of Way Property for Freight and Excursion Rail Services (defined below).   This 
Easement is further subject to all matters affecting the Right of Way Property as of the 
Effective Date, whether of record or not, including but not limited to (i) matters which would 
be disclosed by a current accurate survey of the Property; and (ii) rights granted to third 
parties pursuant to any third party lease, license, permit, occupancy agreement or other 
agreement demising space in or providing for the use or occupancy of the Property ("Third 
Party Leases, Licenses and Contracts"). 
NOW, THEREFORE, for $10.00 and other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by Port, Port hereby grants to County a perpetual, non-exclusive
easement over, under, along, across and through the Right of Way Property, subject to and upon
the following terms and conditions: 
TERMS AND CONDITIONS 
1.           Grant  of 
Easement. 
A.    Grant. Port grants to County a perpetual, non-exclusive, easement generally not
to exceed thirty (30) feet in width (the "Easement") over, under, along, across and through that
portion of the Right of Way Property as described and depicted in Exhibit B attached hereto (the
"Easement Area") for the purpose of the Trail and Trail Facilities identified herein. The
Easement Area shall be wider than thirty (30) feet as and where necessary to support or facilitate
Trail or Trail Facilities infrastructure, including but not limited to slopes, fills, cuts retaining
walls, abutments, culverts and other drainage structures, bridges, tunnels, and grade separation or
other structures or improvements to separate the Trail from any active rail facilities or 
operations. 
B.    Location. The Easement Area is within that portion of the Right of Way Property
extending between approximately MP 23.8 and MP 27.4, a distance of approximately 3.6 miles.
Port and County agree and acknowledge that pending further evaluation of the physical
constraints of the Right of Way Property and the related feasibility of location of the Trail and
Trail Facilities infrastructure, it will not be practical to determine and describe the exact size and
location of the Easement Area within the Right of Way Property as of the effective date of this
Easement. County shall make the initial proposal for the size and location of the Easement Area,
and Port and County shall thereafter negotiate in a good faith and reasonable manner to reach an
agreement consistent with County's proposal, any Third Party Leases, Licenses and Contracts 
and Freight Operator's rights in and to the Right of Way Property. County acknowledges and
agrees that Port will consult with Freight Operator when reviewing County's proposal for the
size and location of the Easement Area and to ensure that the Easement Area proposed by
County will not interfere with the operation of Freight and Excursion Rail Service within the
Easement Area and the Right of Way Property. The Parties' agreement as to the Easement Area
shall be made within eighteen (18) months after the initiation of negotiations, and if such
agreement is not made within the 18-month period, then either party may start the Dispute
Resolution process under Section 14 below; provided, however, that the Parties may by mutual
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written agreement extend the 18-month period. The Parties acknowledge and agree that until
such time as this Easement is amended to provide a revised legal description of the Easement 
Area under Section 1.C of this Easement, all references to Easement Area under this Easement
shall be read to mean the Right of Way Property. The Parties also acknowledge and agree that
County may establish the Easement Area under this Section 1 in phases. 
C.   Amendment. Upon substantial completion of the Trail and Trail Facilities, County 
shall prepare an as-built survey showing the location and dimensions of the Trail and Trail
Facilities and shall prepare and submit to Port for review an amendment to this Easement that
sets forth the final legal description of the Easement Area for recording in the real property
records of King County, Washington. County shall be solely responsible for all costs associated
with finalizing and recording the amended Easement (except for costs incurred by Port in review
of such amended Easement) and shall ensure that Port receives a conformed copy of such
recording. The Parties acknowledge and agree that County may substantially complete Trail and
Trail Facilities and prepare and submit corresponding amendments to this Easement in phases. 
2.     Purpose/Use. County shall have the right to use and enjoy the Easement Area to install,
construct, own, use, operate, maintain, inspect, repair, replace, renovate, improve, remove,
manage, and enhance a public hard- and/or soft-surface regional trail ("Trail"), including
restroom and picnic facilities, information kiosks, curbs, ramps, steps, railings, and other surface
structures which, as to side slopes, cuts, fills, stream or road crossings, and wetland areas, may
include fills, pilings, retaining walls, support structures, bridges, tunnels and culverts and related
improvements for public recreational purposes, including but not limited to equestrian,
pedestrian, bird-watching, nature study, bicycling, hiking or other non-motorized uses. County
shall also have the right to use power-driven equipment and vehicles within the Easement Area
for Trail-related purposes, including but not limited to inspection, repair and maintenance,
construction, policing, life safety, emergencies, and recreational use by mobility-impaired
persons. County shall have the right to cut, remove and dispose of any and all brush, trees, or
vegetation in the Easement Area, and to control, on a continuing basis and by any prudent and
reasonable means, the establishment and growth of brush, trees, or other vegetation in the
Easement Area; TOGETHER WITH the right to install, construct, own, use, operate, maintain,
inspect, repair, replace, renovate, improve, remove, manage, and enhance underground utilities,
including, but not limited to, the rights of ingress and egress across the Right of Way Property to
access the Easement Area from the surface for any Trail or Trail-related uses, but not for general
County utility purposes, as County may now or hereafter deem appropriate, including the
addition, removal, or replacement of the foregoing improvements at County's election, either in
whole or in part with either like or different size Trail improvements. Notwithstanding the
foregoing, and subject to the Freight Operator's right to operate Freight and Excursion Rail
Services on the Right of Way without interference, in the event County anticipates that its Trail
development, construction or maintenance requires use of portions of the Right of Way Property
outside the Easement Area to temporarily stage equipment and material, Port and County agree 
to negotiate a temporary construction easement granting County the necessary rights in a manner
that does not unreasonably interfere with the rights of holders of Third Party Leases, Licenses 
and Contracts and Subsequent Third Party Uses. 

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3.     Trail Facilities. Trail-related facilities permitted within the Easement Area ("Trail
Facilities") shall include those Trail and Trail-related facilities and other improvements
described in Section 1. and 2. above, and further including but not limited to: signs to mark the
Trail or provide information related to the Trail and for interpretive purposes; access ways,
fencing, gates and barriers to allow for and control Trail access; and benches, picnic tables,
wastebaskets, bicycle racks, and other improvements consistent with regional multipurpose 
trails. In addition, County, after consultation with Freight Operator, shall have the right to install
barriers or landscaping to separate the Trail from the track or other improvements associated 
with the Freight and Excursion Rail Services, including but not limited to vegetation, grade
separation, fencing, ditches or concrete or other barriers. Port and County hereby agree that the
examples of Trail Facilities recited throughout this section are for descriptive purposes and are
not intended as an exhaustive list. County's rights to install Trail Facilities shall be broadly
interpreted so as to enhance public access to and safe and pleasurable experience of the Trail that
does not interfere with Freight and Excursion Rail Services on the Right of Way Property,
including the Easement Area. 
4.     Public Access. The Trail shall be for use by the public as a regional recreational trail,
and no person or entity shall be entitled to charge a fee for access to or use of the Trail or Trail
Facilities without prior written approval of County. 
5.     Freight and Excursion Rail Services. County acknowledges that as of the execution
date of this Easement, the Right of Way Property is not "railbanked" (as defined and described in
Section 8(d) of the National Trails System Act, also known as the "Rails to Trails Act", 16 
U.S.C. 1247(d) and 49 C.F.R. 1152.29) and is presently subject to active Freight Rail Service as
described herein, with Excursion Rail Service a permitted, though not yet active use. County
further acknowledges that Port reserves the right to permit other freight or passenger rail service
within the Right of Way Property. County acknowledges that its Easement rights as set forth
herein shall be subject at all times to and shall not preclude current or future Freight and
Excursion Rail Services within the Right of Way Property nor the use or maintenance rights and
obligations of Freight Operator pursuant to the O&M Agreement. As used in this Easement,
"Freight Rail Service" means common carrier freight rail operations and the head and tail
operations associated therewith; and "Excursion Rail Service" means the deployment and
operation of trains for excursion passenger service and not for commuter rail passenger service. 
6.     Third Party Rights. County acknowledges that its Easement rights as set forth herein
shall be subject at all times to and shall not unreasonably interfere with or preclude the exercise
of any Third Party Leases, Licenses or Contracts. 
7.    Right to Assign, Etc. With Port's approval, which shall not be unreasonably withheld,
conditioned or delayed, County may grant sub-easements, issue licenses, and assign, apportion,
or otherwise transfer its Easement rights in whole or in part to third parties. 


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8.     Port's Use of Easement Area; Third Party Uses. 
A.    Port's Use of Easement Area. Port reserves the right to use the Easement Area for
(i) those uses set forth in the O&M Agreement, and (ii) any other purpose not inconsistent with
County's non-exclusive rights set forth herein. In addition, Port may make improvements within
the Easement Area that are not part of or do not relate to the Trail (collectively, "Port
Improvements") provided that Port shall coordinate with County to (i) prevent unreasonable
interference with County's Easement rights, (ii) ensure reasonable integration of the Trail, Trail
Facilities and Port Improvements, (iii) prevent any health or safety risks, (iv) avoid or minimize 
to the greatest extent possible any disruption to the Trail uses, and (v) in the event of alteration
resulting from Port Improvement, restore the Trail and Trail Facilities to a condition substantially
similar to that existing prior to the alteration. 
B.    Subsequent Third Party Uses. From and after the date that the Parties execute this 
Easement, Port and its heirs, successors and assigns shall include, in each and every deed or
other instrument conveying any title to or granting any easements, leases, licenses, permits,
franchises, occupancy agreement or any other agreement demising space in, providing for the
use or occupancy of, or otherwise similarly affecting or relating to the Easement Area
(collectively, "Subsequent Third Party Use"), language making such conveyance or grant for 
Subsequent Third Party Use expressly subject to and subordinate to this Easement for the benefit
of County, provided however, that any such deed or other instrument shall conclusively be held
to be subject to and subordinate to this Easement for the benefit of County regardless of whether
the express language required by this Section 8.B. is included therein. Freight and Excursion
Rail Services shall not be a Subsequent Third Party Use subject to the terms of this Section 8.B. 
C.    Subsequent Rail Uses. Every deed or other instrument conveying any title to or
granting any easements, leases, licenses, permits, franchises, occupancy agreement or any other
agreement demising space in, providing for the use or occupancy of, or otherwise similarly
affecting or relating to the Easement Area for Excursion Rail Service after the date that the
Parties execute this Easement will be a "Subsequent Rail Use" subject to the terms of Section 
9.E of this Easement. Freight Rail Services shall not be a Subsequent Rail Use subject to the
terms of this Section 8.C or Section 9 of this Easement. 
9.     Interference. 
A.    Notice of Construction. Prior to a Subsequent Third Party Use constructing any
new improvements in the Easement Area that has been agreed to by the Parties under Section 
1.B. of this Easement (such party referred to as the "Constructing Party"), the Constructing
Party shall be required to send notice to County containing a description of the activities and any
construction plans or surveys of the proposed improvements. County shall have sixty (60) days
to review and respond. If County fails to respond within sixty (60) days from receipt of notice,
the construction plans are deemed approved. 

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B.    Notice of Interference. If County, in its reasonable discretion, determines that the
improvements proposed in the Easement Area by the Constructing Party unreasonably interfere
with the development or use of any existing or planned Trail or Trail Facilities within an
Easement Area that has been agreed to by the Parties under Section 1.B. of this Easement, then
County shall provide the Constructing Party with a notice (the "Dispute Notice") within the 
sixty (60) day timeframe specified in Section 9. A., specifying the basis for the claim that the
Constructing Party's proposed improvements in the Easement Area are or will be an
unreasonable interference. If County and the Constructing Party are unable to resolve the
dispute within thirty (30) days, they shall implement the following process: 
(i)     Management Escalation. County and Constructing Party shall each,
within ten (10) business days, nominate a senior officer or director to meet to attempt to resolve
the dispute ("Management Escalation"). The nominated individuals shall meet within twenty
(20) business days after their nomination. Any dispute resolved through the Management
Escalation process shall be documented in writing signed by the designated representatives of
County and the Constructing Party. 
(ii)    Mediation. Disputes not settled by Management Escalation shall be
submitted to mediation. Venue for the mediation shall be Seattle, Washington. The mediator
shall have experience in civil engineering disputes. If County and Constructing Party are unable
to agree on a mediator, one shall be appointed by the American Arbitration Association
("AAA"). The mediator shall be impartial in fact and appearance, not an advocate of either
party. The mediation shall be completed no later than thirty (30) days after the request for
mediation. If, after eight (8) hours of good faith mediation, County and Constructing Party are
unable to resolve the dispute, the mediation shall be terminated unless County and Constructing 
Party otherwise agree to extend the mediation time. County and Constructing Party shall each be
responsible for its own costs and expenses, including attorney's fees, incurred pursuant to this
subsection. Cost of the mediator and other common costs shall be divided equally between
County and Constructing Party. 
(iii)    Litigation/Venue. Disputes not settled by mediation shall be decided by
further action or legal proceeding in the Superior Court in King County, Washington, as the sole
and exclusive venue for such action or proceeding. 
C.    Emergency Situations. Notwithstanding the foregoing, any duly authorized party
may take such reasonable actions as are necessary to address a situation that threatens the health
and safety of the general public prior to complying with the notice provisions of this Easement.
In such event, and as soon as practicable, the acting party shall notify all other affected parties of
the actions taken, and any corrections or subsequent action shall be governed by this Section. 
D.    Costs Associated with Construction. The Constructing Party shall bear all costs
associated with and ancillary to construction of such party's improvements in the Easement
Area, including any associated mitigation, repair or replacement of the Trail or Trail Facilities. 

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E.    Subsequent Rail Use. Prior to a Subsequent Rail Use constructing any new
improvements in the Easement Area that has been agreed to by the Parties under Section 1.B. of
this Easement (such party referred to as the "Constructing Rail Party"), the Constructing Rail
Party shall be required to send notice to County containing a description of the activities and any
construction plans or surveys of the proposed improvements. County shall have sixty (60) days
to review and respond. If County fails to respond within sixty (60) days from receipt of notice,
County shall have no further opportunity to review or object to the improvements proposed by
the Constructing Rail Party. If County, in its reasonable discretion, determines that the
improvements proposed in the Easement Area by the Constructing Rail Party unreasonably
interfere with the development or use of any existing or planned Trail or Trail Facilities within 
an Easement Area that has been agreed to by the Parties under Section 1.B. of this Easement, then
County shall provide the Constructing Rail Party with a notice (the "Negotiation Notice") within
the sixty (60) day timeframe specified in in this Section 9.E. Thereafter, the County and the 
Constructing Rail Party will diligently and in good faith negotiate for at least sixty (60) days to
reach agreement on a plan that would reasonably accommodate both the existing or planned Trail
or Trail Facilities and the proposed Subsequent Rail Use improvements. If after conducting such
negotiations the County and the Constructing Rail Party are unable to agree on a plan, then the 
Subsequent Rail Use may proceed with the improvements at its sole cost and expense. 
10.    Immunity Under Applicable Law. Nothing in this Easement limits the ability of Port
or County to avail themselves of the protection offered by any applicable law affording
immunity to Port or County, including, to the extent applicable, RCW 4.24.210, as amended
from time to time. 
11.    Insurance. County shall carry the following policy of insurance with respect to their
activities undertaken within the Easement Area or Right of Way Property: 
A.    Liability Insurance. (i) Port and County each agree to maintain reasonable and
customary liability insurance (or self insurance) for personal injury, death and property damage
arising out of or relating to such Party's use, occupancy and possession of, or acts or omissions
on or about, the Easement Area and/or Right of Way Property, as applicable, and shall provide
the other Party with satisfactory evidence of such insurance (or self insurance) upon request. (ii) 
Port further agrees to require any rail operator not subject to the terms of the O&M Agreement to
maintain the insurance (or self insurance) required in Section 11.A.(i) and 11.B for the protection
of the Port and the County as additional insureds. 
B.    Indemnification and Waivers. To the extent of any applicable commercial
insurance policies, Port and County waive their respective rights of recovery, claims, actions or
causes of action against the other for any loss or damage to their respective real property interests
or any personal property of such Party. E ach Party shall cause each commercial insurance policy
obtained by it to provide that the insurance company waives all right to recovery by way of
subrogation against the other Party; provided, however, that this Section 11.B. shall be
inapplicable if it would have the effect of invalidating any insurance coverage of Port or County. 

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This Section 11.B shall not in any way apply to or serve to diminish or alter the provisions of 
Section 13 of this Easement. 
12.    Indemnification. Port shall pay, protect, pay the defense costs of, indemnify and hold
County and its successors and assigns harmless from and against any and all loss, liability, claim
damage and expense suffered by or incurred by reason of Port's failure to perform any obligation
required of it by this Easement. County shall pay, protect, pay the defense costs of, indemnify
and hold Port and its successors and assigns harmless from and against any and all loss, liability,
claim, damage and expense suffered or incurred by reason of County's failure to perform any
obligation required of it by this Easement. Solely to give full force and effect to the indemnities
contained herein and not for the benefit of any third party, each Party specifically and expressly
waives any immunity it may have under Washington State Industrial Act, RCW Title 51, and
acknowledges that this waiver was mutually negotiated by the Parties herein. In no event shall
either Party's obligations under this Easement be limited to the extent of any insurance available
or provided by the obligated Party. 
13.    Hazardous Substances. 
A.    Except to the extent Port or its officers, employees, agents or contractors cause
new releases of Hazardous Substances (as defined in the Right of Way Deed) following the
effective date of this Easement, County waives, releases and discharges forever Port from any
and all present or future claims or demands and any and all damages, losses, injuries, liabilities,
causes of action (including without limitation, causes of action in tort), costs and expenses 
(including without limitation fines, penalties and judgments and attorney's fees) of any and every
kind or character, known or unknown (collectively "Losses") that County might have asserted
against Port arising from or in any way related to environmental conditions in, at, on, under or
originating from the Right of Way Property or the alleged presence, use, storage, generation,
manufacture, transport, release, leak, spill, disposal or other handling of any Hazardous
Substances in, on or under the Right of Way Property. Losses shall include without limitation (i)
the cost of any investigation, removal, remedial or other response action that is required by any
Environmental Law (as defined in the Right of Way Deed), that is required by judicial order or 
by order of or agreement with any governmental authority, or that is necessary or otherwise is
reasonable under the circumstances, (ii) Losses for injury or death of any person, and (iii) Losses
arising under any Environmental Law enacted after the effective date of this Easement. 
B.    Except to the extent County or its officers, employees, agents or contractors cause
new releases of Hazardous Substances following the effective date of this Easement, Port 
waives, releases and discharges forever County from any and all Losses that Port might have
asserted against County arising from or in any way related to environmental conditions in, at, on,
under or originating from the Right of Way Property, including Losses related to any alleged
presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other
handling of any Hazardous Substances in, on or under the Right of Way Property. Losses shall 
include without limitation (i) the cost of any investigation, removal, remedial or other response
action that is required by any Environmental Law, that is required by judicial order or by order of 

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or agreement with any governmental authority, or that is necessary or otherwise is reasonable
under the circumstances, (ii) Losses for injury or death of any person, and (iii) Losses arising
under any Environmental Law enacted after the effective date of this Easement. Port's waiver,
release and discharge of County pursuant to the provisions of this Section 13 shall not apply with
respect to Losses incurred by Port for Easement Areas, provided the release or other
environmental conditions that caused or contributed to such Losses occur following the date the
Easement Area has been agreed to by the Parties under Section 1.B. of this Easement. 
C.    In the event Hazardous Substances are discovered on the Property, Port or
County, as the case may be, shall promptly give notice to the other Party of such discovery and
shall cooperate in good faith to carry out the terms of this Agreement and, if either Party
requests, shall cooperate in good faith to seek to recover the costs of remediation from BNSF as
provided for under the environmental covenants in the Right of Way Deed and in the Purchase
and Sale Agreement, as amended, between Port, County and BNSF dated May 12, 2008. If 
County requests that Port cooperate in good faith to seek to recover the costs of remediation from
BNSF, then County will reimburse Port for the reasonable costs Port incurs in such cooperation,
and will indemnify, defend and hold harmless Port from all liability arising from any claim, suit
or arbitration brought by BNSF related such request, which duty to indemnify, defend and hold
harmless will apply to any claim, suit or arbitration initiated by Port, at County's request, to seek
to recover the costs of remediation. 
D.    Except to the extent set forth in this Section 13, nothing contained in this
Easement Agreement is intended to waive or release any right either Party may have under
Environmental Laws, agreements or deeds to seek indemnity, contribution or other forms of
recovery or relief from any third party, including, but not limited to BNSF, for Losses arising
from or in any way relating to the environmental condition of the Right of Way Property or the
release of Hazardous Substances on the Right of Way Property. 
The provisions of this Section 13 shall survive the expiration or other termination of this 
Easement. 
14.    Dispute Resolution. Subject to the exceptions set forth in Sections 14. D and E below,
any claim, dispute or other matter arising out of or related to this Easement, including any
inability of Port and County to make joint determinations called for by this Easement
("Disputes") shall be exclusively subject to the following alternative dispute resolution
procedure as a condition precedent to the institution of legal or equitable proceedings by either
party. This requirement cannot be waived except by an explicit written waiver signed by Port
and County This Section 14 on alternative dispute resolution shall apply to Disputes between
Port and County regarding this Easement and shall not apply to any other matters between them
and shall not apply to their respective heirs, legal representatives, successors and assigns or to
third parties (including third party beneficiaries, if any), unless such parties to a Dispute agree to
alternative dispute resolution. 

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A.    Informal Process. Port and County shall negotiate in good faith and use their best
efforts to resolve any Disputes that may develop under this Easement. Port's Chief Executive
Officer (or his/her designee) and the King County Executive (or his/her designee) along with any
staff or technical persons either party desires, shall meet within seven (7) days after written
request from either Party and attempt to resolve a Dispute. The Parties may agree to extend the
time provided for in this Section for an additional seven (7) days. 
B.    Mediation. If a Dispute is not resolved under the procedure set forth in this
Section, or within such additional time as the Parties mutually agree, then the Parties shall
endeavor to resolve a Dispute by mediation with a mediator agreed to by the Parties. A Party
shall submit a request for mediation in writing to the other party. Mediation shall proceed in
advance of legal or equitable proceedings. Any mediation under this Easement shall be held in
Seattle, Washington. The Parties shall share equally in the costs of the mediation. Any
contractual or statutory deadlines, including without limitation statutes of limitation, shall be
tolled pending mediation for a period of sixty (60) days from the date of the mediation request,
unless tolled for a longer period by agreement of the Parties. Final authority for settlement may
be subject to the approval of the Parties' respective legislative bodies. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 
C.    Right to Litigate Contingent on Prior Effort to Mediate. E xcept as allowed under
Section 14.D, the Parties shall not commence litigation on a Dispute unless the Dispute has been
properly raised and considered in the above mediation procedure. 
D.    Immediate Action. If Port and County reasonably determine that circumstances
require immediate action to protect public health, safety or welfare, or to prevent or mitigate
significant property loss or damage, then either party may pursue any immediate remedy
available at law or in equity without having to follow these alternative dispute resolution
procedures in this Section 14, and then pursue such alternative dispute resolution procedures. 
E.    Matters Not Subject to Alternative Dispute Resolution. This Section 14. on
alternative dispute resolution procedures shall not apply to matters relating to Interference, which
matters are governed under Section 9. This Section 14 on alternative dispute resolution shall not
apply to any dispute between the Parties that also relates to a dispute with BNSF or any dispute
between Port and County concerning Hazardous Substances, including disputes pursuant to 13 of
this Easement. 
F.     Remedies. In addition to the specific remedies set forth in this Easement, and
except for the limitations on remedies for Interference in Section 9. of this Easement and the
limitations on remedies for Hazardous Substances set forth in Section 13. of this Easement, Port
and County, following the alternative dispute resolution procedure called for herein, shall be
entitled to all remedies in law or equity. Further, if Port and County are unable to make any joint
determination called for by this Easement and are unable to resolve the Dispute through the
alternative dispute resolution procedure called for herein, then Port and County agree that a court
shall have the authority to decide the terms of the joint determination in question. 

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15.    Taxes. County shall be solely responsible to pay on a current basis any taxes and
assessments relating to its interests in the Easement Area, if any, including without limitation
real property ad valorem taxes, surface water management fees, special benefit assessments and
other governmental impositions (collectively, "Taxes") that may apply to its Easement interests,
its activities within the Easement Area, or its Trail Facilities. Port shall be solely responsible to
pay on a current basis any Taxes that may apply to its fee interest or its activities within the 
Easement Area, or its improvements to the Easement Area, and to require any third party with an
interest in the Easement Area to pay on a current basis any Taxes that may apply to their
respective interests or activities or improvements to the Easement Area; provided, however, that
nothing contained herein shall modify the Parties' rights to contest any such tax, and a Party 
shall not be deemed in default of this Section as long as it shall, in good faith, be contesting the
validity or amount of any such taxes. 
16.    Easement Runs With the Land and Binds Successors. The burden of this Easement
shall run with the land that makes up the Right of Way Property and the benefit of this Easement
shall run with the land and interests in land that make up the King County park, trail and
recreation system. This Easement is appurtenant to the land that makes up the King County 
park, trail and recreation system. This Easement is binding upon and shall inure to the benefit of
the Parties hereto and their respective successors and assigns. 
17.    Notice. Any and all notices or other communications required or permitted to be given
under any of the provisions of this Easement shall be in writing and shall be deemed to have been
duly given (A) upon receipt when personally delivered or sent by overnight courier or (B) two (2)
days after deposit in the United States mail if by certified or registered mail, return receipt
requested, and properly addressed as follows: 
Port:        Port of Seattle
Managing Director
Real Estate Division
P.O. Box 1209 
Seattle, WA 98111 
Telephone: 206-787-3722 
County:     King County Parks and Recreation Division 
Department of Natural Resources and Parks 
201 S. Jackson Street #700 
Seattle, WA 98104 
Telephone: 206-296-8631 
18.    Attorney Fees. In any action brought to enforce or interpret the terms of this Easement,
each Party shall bear its own costs and attorney fees and expenses incurred in said action, including
on appeal, whether or not suit is commenced. 

12

19.    Breach. In the event of any breach or threatened breach of this Easement by either Port or
County, and except for Interference governed by Section 9., the non-breaching Party shall have the
right to sue for damages and/or for specific performance and/or to enjoin such breach or threatened
breach. 
20.    No Termination Upon Breach. No breach of this Easement shall entitle either Port or
County to cancel, rescind or otherwise terminate this Easement; provided, however, that this
provision shall not limit or otherwise affect any other right or remedy which Port or County may
have hereunder by reason of any breach of this Easement. 
21.    Governing Law; Venue. This Easement shall be governed by the laws of the State of
Washington, without reference to its conflicts of law rules or choice of law provisions. Venue
for any dispute resolution or litigation shall be in King County Superior Court, Washington. 
22.    Entire Agreement, Waivers and Amendments. This Easement contains the entire
understanding of Port and County hereto relating to the subject matter herein contained. The
waiver by one Party hereto of a breach of any provision of this Easement shall not operate or be
construed as a waiver of any subsequent breach. No waiver shall be effective unless set forth in
writing. If any term or provision of this Easement is held by a court of competent jurisdiction to
be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected
thereby and shall remain in full force and effect. This Easement shall not be amended except by
written instrument signed by Port and County or their respective successors and assigns and
recorded in the real property records of King County, Washington. 
23.    Police Powers Not Affected. Nothing contained in this Easement will be considered to 
diminish King County's governmental or police powers. 
24.    Computation of Time. The time within which an act is to be done, as herein provided,
shall be computed by excluding the first day, and including the last, unless the last day is a
Saturday, Sunday, or a federal or state holiday, and then it is also excluded. 
25.    Construction. Each term and provision of this Easement constitutes a separate
undertaking, covenant or promise. In the event that any term or provision hereof is determined
to be unenforceable, invalid, or illegal in any respect, the remaining terms and provisions shall
continue to be enforceable and valid. 

PORT OF SEATTLE 

By: 
Name: 

13

Title:

KING COUNTY 

By: 
Name: 
Its: 














14

STATE OF WASHINGTON) 
) ss.
COUNTY OF KING ) 
On this day personally appeared before me                  , known to me to be the 
individual that executed the foregoing instrument on behalf of                 PORT OF 
SEATTLE, a Washington municipal corporation, and acknowledged the same instrument to be
the free and voluntary act and deed of said corporation for the uses and purposes therein
mentioned, and on oath stated that he/she was authorized to execute the said instrument. 
GIVEN under my hand and official seal this ____ day of         , 2012. 

____________________________________
Notary Public in and for the State of Washington
Type/Print Name:______________________
Residing at___________________________ 
My Commission Expires________________ 

STATE OF WASHINGTON) 
) ss.
COUNTY OF KING ) 
On this day personally appeared before me                  , known to me to be the 
individual that executed the foregoing instrument on behalf of                 KING 
COUNTY, a home rule charter county and political subdivision of the State of Washington, and
acknowledged the same instrument to be the free and voluntary act and deed of said county for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute the said instrument. 
GIVEN under my hand and official seal this ____ day of         , 2012. 

____________________________________
Notary Public in and for the State of Washington
Type/Print Name:______________________
Residing at___________________________ 
My Commission Expires________________ 


15

EXHIBIT A 
LEGAL DESCRIPTION OF RIGHT OF WAY PROPERTY 
Woodinville to Brightwater Treatment Plant
(Easement Segment) 
SNOHOMISH COUNTY 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the West Half of the Northeast Quarter of the Southwest Quarter, Section 26, Township 27 
North, Range 5 East, W.M., bounded Northerly by the North line of the Northeast Quarter of the
Southwest Quarter of said Section 26, and bounded Westerly by the West line of said Northwest
Quarter of the Northeast Quarter of the Southwest Quarter, Section 26; also, 
That portion of that certain 200.00 foot wide Branch Line right of way, being 100.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the West Half of the Southwest Quarter, Section 26, and the Northwest Quarter of the Northwest
Quarter, Section 35, all in Township 27 North, Range 5 East, W.M., bounded on the East by the
East line of said West Half of the Southwest Quarter of Section 26, and bounded on the South by
the South line of said Northwest Quarter of the Northwest Quarter, Section 35, EXCEPTING
THEREFROM, that portion lying Westerly of a line parallel and/or concentric with and distant 
50 feet Westerly from, measured at right angles and/or radially to said Railway Company's Main
Track centerline as originally located and constructed, bounded on the North by the North line of
said Section 35, and bounded on the South by a line radial to said Main Track centerline at a 
point 530.00 feet South of the North line of said Section 35, as measured along said Main Track
centerline; also, 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the Southwest Quarter of the Northwest Quarter Section 35, the Southeast Quarter of the
Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter
Section 34, all in Township 27 North, Range 5 East, W.M., bounded on the North by the North
line of said Southwest Quarter of the Northwest Quarter Section 35, and bounded on the South
by the South line of said Northeast Quarter of the Southeast Quarter Section 34; also, 
That portion of that certain 50.00 foot wide Branch Line right of way, being 25.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the Southeast Quarter of the Southeast Quarter Section 34, Township 27 North, Range 5 East,
W.M., bounded on the North by the North line of said Southeast Quarter of the Southeast
Quarter Section 34, and bounded on the South by a line radial to said Railway Company's Main
Track centerline, as originally located and constructed, at a point distant 600 feet Southwesterly
of said North line of said Southeast Quarter of the Southeast Quarter Section 34, as measured
along said Main Track centerline; also, 
EXHIBIT A

That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the South Half of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter
Section 34, Township 27 North, Range 5 East, W.M., bounded on the North by a line radial to
said Railway Company's Main Track centerline, as originally located and constructed at a point
distant 600 feet Southwesterly of said North line of said Southeast Quarter of the Southeast
Quarter Section 34, as measured along said Main Track centerline, and bounded on the South by
the South line of said Section 34, said line also being the South line of Snohomish County,
Washington. 

Woodinville to Brightwater Treatment Plant 
(Easement Segment)
KING COUNTY 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
Lots 2, 3, the South Half Of the North Half, and the East half of the Southwest Quarter Section 3,
the Northwest Quarter of Section 10, all in Township 26 North, Range 5 East, W.M., bounded on
the North by the North line of said Section 3, said line also being the North line of King County,
Washington, and bounded on the West by the West line of said Northwest Quarter Section 10,
EXCEPTING THEREFROM, that portion lying Easterly of a line parallel with and distant 20
feet Easterly from, measured at right angles to said Railway Company's Main Track centerline, 
as now located and constructed, bounded on the North by the South line of 8th Street, according
to the recorded plat of Bear Creek Addition to Day City, Washington and bounded on the South
by a line perpendicular to said Railway Company's Main Track centerline distant 450.00 feet
Southerly from the North line of said East Half of the Southwest Quarter Section 3, as measured
along said Main Track centerline; also, 
A 100 foot wide strip of land being that portion of that certain 100 foot wide strip of land
described in deed dated June 8, 1887 from Ira Woodin and Susan Woodin to Seattle and West
Coast Railway, recorded June 14, 1887 in Book 42 of Deeds, Page 410, records of King County,
Washington, that portion of that certain 100.00 foot wide strip of land described in deed dated
July 26, 1890 from Ira Woodin and Susan Woodin to Seattle and West Coast Railway, recorded
November 10, 1890 in Book 112 of Deeds, Pages 556, records of King County, Washington,
lying in Section 9 Township 26 North, Range 5 East, W.M., bounded on the East by the East line
of said Section 9, and bounded on the West by the Northeasterly projection of the Northwesterly
line of the proposed Seattle Belt Line Branch of the Northern Pacific Railway as the same is now
located and as it is described in deed dated July 24, 1903 from Frank A. Woodin and Anna
Woodin to Northern Pacific Railway Company recorded July 30, 1903 in Book 370 of deeds,
Page 89, records of King County, Washington, thence Northeasterly along said Northeasterly
projection along the same radius to a point on the Northerly line of the present right of way of 
the Northern Pacific Railway. 
That certain 0.32 acre tract of land described in deed dated July 24, 1903 from Frank A. Woodin
and Anna Woodin to Northern Pacific Railway Company recorded July 30, 1903 in Book 370 of 
EXHIBIT A

deeds, Page 89, records of King County, Washington, said 0.32 acre tract being described in said
deed for reference as follows: 
"All that portion of the Southeast Quarter of the Northeast Quarter of Section 9, Township 26 
North, Range 5 East, W.M., described by mete and bounds as follows: 
Beginning at the point where the Southeasterly line of the present right of way of the Northern
Pacific Railway intersects the South line of said Southeast Quarter of the Northeast Quarter and
running thence East along the South line of said Southeast Quarter of the Northeast Quarter a
distance of 190 feet, more or less, to a point which is 50 feet distant from, when measured at
right angles to, the center line of the proposed Seattle Belt Line Branch of the Northern Pacific
Railway as the same is now located, staked out and to be constructed over and across said
Government subdivision; 
Thence running Northeasterly and parallel with and 50 feet distant from said center line of the
Seattle Belt Line Branch a distance of 400 feet, more or less, to a point in the Southeasterly line
of the present right of way of the Northern Pacific Railway, thence Southwesterly along said
right of way line to point of beginning; also, 
A 100 foot wide strip of land lying in the North Half of the Southeast Quarter of Section 9,
Township 26 North, Range 5 East, W.M., being that certain 1.91 acre tract of land described in
deed dated May 19, 1903 from Mary B. Hansen and Anders Hansen to Northern Pacific Railway
Company recorded May 28, 1903 in Volume 361 of deeds, Page 48, records of King County,
Washington and that certain 0.92 acre tract of land described in deed dated July 1, 1903 from 
A.J. Milton and Anna Milton to Northern Pacific Railway Company recorded July 10, 1903 in
Volume 363 of deeds, Page 211, records of King County, Washington, said 100 foot wide strip
being described as follows: 
That certain 0.03 acre triangular tract of land described in deed dated June 4, 1923 from Mary B.
Hansen and A. Hansen to Northern Pacific Railway Company recorded June 8, 1923 in Volume 
1192 of deeds, Page 539, records of King County, Washington, said 0.03 acre tract being
described in said deed for reference as follows: 
That certain triangular portion of the Northeast Quarter of the Southeast Quarter of Section 9,
Township 26 North, Range 5 East, W.M., lying Easterly of and between the rights of way of the
Northern Pacific Railroad Company for its Snoqualmie Branch and its Lake Washington Belt
Line and Westerly of a line parallel with and distant 25 feet Easterly, measured at right angles
from the center line of the proposed wye track connection between said branch lines as the same
is now located, staked out and to be constructed over and across said premises; also, 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
that portion of the North Half of the Southeast Quarter of Section 9, Township 26 North, Range 
5 East, W.M., King County, Washington lying Northerly of the Southwesterly boundary of that
certain 100 foot wide tract of land described in deed dated May 4, 1887 from Mary B. Jaderholm 
EXHIBIT A

to Seattle Lake Shore and Eastern Railway company, recorded May 5, 1887 in Volume 40 of
deeds, Page 288, records of King County, Washington. 
















EXHIBIT A

EXHIBIT B 
EASEMENT AREA 

Woodinville to Brightwater Treatment Plant
(Easement Segment) 
SNOHOMISH COUNTY 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the West Half of the Northeast Quarter of the Southwest Quarter, Section 26, Township 27 
North, Range 5 East, W.M., bounded Northerly by the North line of the Northeast Quarter of the
Southwest Quarter of said Section 26, and bounded Westerly by the West line of said Northwest
Quarter of the Northeast Quarter of the Southwest Quarter, Section 26; also, 
That portion of that certain 200.00 foot wide Branch Line right of way, being 100.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the West Half of the Southwest Quarter, Section 26, and the Northwest Quarter of the Northwest
Quarter, Section 35, all in Township 27 North, Range 5 East, W.M., bounded on the East by the
East line of said West Half of the Southwest Quarter of Section 26, and bounded on the South by
the South line of said Northwest Quarter of the Northwest Quarter, Section 35, EXCEPTING
THEREFROM, that portion lying Westerly of a line parallel and/or concentric with and distant 
50 feet Westerly from, measured at right angles and/or radially to said Railway Company's Main
Track centerline as originally located and constructed, bounded on the North by the North line of
said Section 35, and bounded on the South by a line radial to said Main Track centerline at a 
point 530.00 feet South of the North line of said Section 35, as measured along said Main Track
centerline; also, 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the Southwest Quarter of the Northwest Quarter Section 35, the Southeast Quarter of the
Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter
Section 34, all in Township 27 North, Range 5 East, W.M., bounded on the North by the North
line of said Southwest Quarter of the Northwest Quarter Section 35, and bounded on the South
by the South line of said Northeast Quarter of the Southeast Quarter Section 34; also, 
That portion of that certain 50.00 foot wide Branch Line right of way, being 25.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the Southeast Quarter of the Southeast Quarter Section 34, Township 27 North, Range 5 East,
W.M., bounded on the North by the North line of said Southeast Quarter of the Southeast
Quarter Section 34, and bounded on the South by a line radial to said Railway Company's Main
Track centerline, as originally located and constructed, at a point distant 600 feet Southwesterly
of said North line of said Southeast Quarter of the Southeast Quarter Section 34, as measured
along said Main Track centerline; also, 
EXHIBIT B

That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
the South Half of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter
Section 34, Township 27 North, Range 5 East, W.M., bounded on the North by a line radial to
said Railway Company's Main Track centerline, as originally located and constructed at a point
distant 600 feet Southwesterly of said North line of said Southeast Quarter of the Southeast
Quarter Section 34, as measured along said Main Track centerline, and bounded on the South by
the South line of said Section 34, said line also being the South line of Snohomish County,
Washington. 

Woodinville to Brightwater Treatment Plant 
(Easement Segment)
KING COUNTY 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
Lots 2, 3, the South Half Of the North Half, and the East half of the Southwest Quarter Section 3,
the Northwest Quarter of Section 10, all in Township 26 North, Range 5 East, W.M., bounded on
the North by the North line of said Section 3, said line also being the North line of King County,
Washington, and bounded on the West by the West line of said Northwest Quarter Section 10,
EXCEPTING THEREFROM, that portion lying Easterly of a line parallel with and distant 20
feet Easterly from, measured at right angles to said Railway Company's Main Track centerline, 
as now located and constructed, bounded on the North by the South line of 8th Street, according
to the recorded plat of Bear Creek Addition to Day City, Washington and bounded on the South
by a line perpendicular to said Railway Company's Main Track centerline distant 450.00 feet
Southerly from the North line of said East Half of the Southwest Quarter Section 3, as measured
along said Main Track centerline; also, 
A 100 foot wide strip of land being that portion of that certain 100 foot wide strip of land
described in deed dated June 8, 1887 from Ira Woodin and Susan Woodin to Seattle and West
Coast Railway, recorded June 14, 1887 in Book 42 of Deeds, Page 410, records of King County,
Washington, that portion of that certain 100.00 foot wide strip of land described in deed dated
July 26, 1890 from Ira Woodin and Susan Woodin to Seattle and West Coast Railway, recorded
November 10, 1890 in Book 112 of Deeds, Pages 556, records of King County, Washington,
lying in Section 9 Township 26 North, Range 5 East, W.M., bounded on the East by the East line
of said Section 9, and bounded on the West by the Northeasterly projection of the Northwesterly
line of the proposed Seattle Belt Line Branch of the Northern Pacific Railway as the same is now
located and as it is described in deed dated July 24, 1903 from Frank A. Woodin and Anna
Woodin to Northern Pacific Railway Company recorded July 30, 1903 in Book 370 of deeds,
Page 89, records of King County, Washington, thence Northeasterly along said Northeasterly
projection along the same radius to a point on the Northerly line of the present right of way of 
the Northern Pacific Railway. 
That certain 0.32 acre tract of land described in deed dated July 24, 1903 from Frank A. Woodin 
EXHIBIT B

and Anna Woodin to Northern Pacific Railway Company recorded July 30, 1903 in Book 370 of
deeds, Page 89, records of King County, Washington, said 0.32 acre tract being described in said
deed for reference as follows: 
"All that portion of the Southeast Quarter of the Northeast Quarter of Section 9, Township 26 
North, Range 5 East, W.M., described by mete and bounds as follows: 
Beginning at the point where the Southeasterly line of the present right of way of the Northern
Pacific Railway intersects the South line of said Southeast Quarter of the Northeast Quarter and
running thence East along the South line of said Southeast Quarter of the Northeast Quarter a
distance of 190 feet, more or less, to a point which is 50 feet distant from, when measured at
right angles to, the center line of the proposed Seattle Belt Line Branch of the Northern Pacific
Railway as the same is now located, staked out and to be constructed over and across said
Government subdivision; 
Thence running Northeasterly and parallel with and 50 feet distant from said center line of the
Seattle Belt Line Branch a distance of 400 feet, more or less, to a point in the Southeasterly line
of the present right of way of the Northern Pacific Railway, thence Southwesterly along said
right of way line to point of beginning; also, 
A 100 foot wide strip of land lying in the North Half of the Southeast Quarter of Section 9,
Township 26 North, Range 5 East, W.M., being that certain 1.91 acre tract of land described in
deed dated May 19, 1903 from Mary B. Hansen and Anders Hansen to Northern Pacific Railway
Company recorded May 28, 1903 in Volume 361 of deeds, Page 48, records of King County,
Washington and that certain 0.92 acre tract of land described in deed dated July 1, 1903 from 
A.J. Milton and Anna Milton to Northern Pacific Railway Company recorded July 10, 1903 in
Volume 363 of deeds, Page 211, records of King County, Washington, said 100 foot wide strip
being described as follows: 
That certain 0.03 acre triangular tract of land described in deed dated June 4, 1923 from Mary B.
Hansen and A. Hansen to Northern Pacific Railway Company recorded June 8, 1923 in Volume 
1192 of deeds, Page 539, records of King County, Washington, said 0.03 acre tract being
described in said deed for reference as follows: 
That certain triangular portion of the Northeast Quarter of the Southeast Quarter of Section 9,
Township 26 North, Range 5 East, W.M., lying Easterly of and between the rights of way of the
Northern Pacific Railroad Company for its Snoqualmie Branch and its Lake Washington Belt
Line and Westerly of a line parallel with and distant 25 feet Easterly, measured at right angles
from the center line of the proposed wye track connection between said branch lines as the same
is now located, staked out and to be constructed over and across said premises; also, 
That portion of that certain 100.00 foot wide Branch Line right of way, being 50.00 feet on each
side of said Main Track centerline, as originally located and constructed, upon, over and across
that portion of the North Half of the Southeast Quarter of Section 9, Township 26 North, Range 
5 East, W.M., King County, Washington lying Northerly of the Southwesterly boundary of that
certain 100 foot wide tract of land described in deed dated May 4, 1887 from Mary B. Jaderholm 
EXHIBIT B

to Seattle Lake Shore and Eastern Railway company, recorded May 5, 1887 in Volume 40 of
deeds, Page 288, records of King County, Washington. 
















EXHIBIT B