6d Exhibit 2 Second Addendum
AS APPROVED BY DES MOINES CITY COUNCIL ON 9/30/10
SECOND ADDENDUM TO THE FIRST DEVELOPMENT AGREEMENT
REGARDING COMPENSATION FOR DEDICATED AND DEEDED
RIGHTS OF WAY AND PURCHASE OF RIGHT OF WAY FRONTAGE
WHEREAS this Second Addendum to the First Development
Agreement Regarding Compensation for Dedicated and Deeded Rights of Way”
(hereinafter “Second Addendum”) is entered into between the City of Des Moines
(hereafter "City") and the Port of Seattle (hereafter "Port") to amend the terms
and conditions under which the Port will acquire from the City the surplus rights
of way within the Des Moines Creek Business Park site (hereafter “DMCBP”) and
the City will acquire from the Port the land needed to complete expansion of 24th
Avenue South and South 216th Street fronting the DMCBP; and
WHEREAS the City and the Port entered into the “First Development
Agreement – City of Des Moines and Port of Seattle – Development of the Des
Moines Creek Business Park Property” (hereinafter the “First Development
Agreement”) on July 11, 2005; and
WHEREAS the following section of the First Development Agreement
and First Addendum to the First Development Agreement is superseded by this
Second Addendum for purposes of this Agreement:
“Step 3. Street Vacation Process.
(1) Street vacation will be requested. The parties recognize
that the Port will request that certain city streets located on the property
be vacated before beginning work. The parties recognize that the work to
be performed by the Port, including but not limited to rough and final
grading, utility installation or removal, surface water facilities, street and
road construction, and building construction, will be more difficult and
costly if the streets are not vacated. The parties agree that the street
vacations shall be reviewed in concert with review of the Second
Development Agreement - Conceptual Master Plan. The parties agree
that no decision on the street vacations shall occur prior to a decision on
the Second Development Agreement - Conceptual Master Plan.”
WHEREAS, the City Council adopted Resolution 1049 on July 5, 2007,
which proposed to modify the sequence of approvals and agreements for street
vacation approval by the City as set forth in the First Development Agreement in
part by completing vacation of the Dedicated Streets and conveyance to the Port
of the Deeded Streets prior to final developer selection and completion of the
Second Development Agreement; and
WHEREAS, the City Council held a public hearing on February 14,
2008 to vacate the Dedicated Streets and concurrently approve transfer of the
Council Approved (093010) Page 1
Deeded Streets contingent on approval of the developer’s master plan and full
execution of the Second Development Agreement; and
WHEREAS, in May 2008 the City and the Port entered into the First
Addendum to the First Development Agreement Regarding Compensation for
Dedicated and Deeded Rights of Way (the “First Addendum”) to establish the
terms and conditions for vacation of Dedicated Streets and transfer of the
Deeded Streets from the City to the Port, including adoption of a payment
schedule consistent with DMMC 12.12.060 and Chapter 35.79 RCW; and
WHEREAS, DMMC 12.12.060 establishes conditions precedent to
passage of an ordinance providing for vacation of a right of way; and
WHEREAS, the City Council in its discretion agreed to waive the timing
of the compensation provisions of DMMC 12.12.060 for the purposes of this First
Addendum only, to allow compensation to be paid for the Properties rather than
pursuant to the cash sale terms of DMMC 12.12.060, understanding that the City
shall receive fair market value for the Properties under the terms of this First
Addendum and that Ordinance 1428 and Ordinance 1429 shall only be effective
upon payment to the City in accordance with this First Addendum; and
WHEREAS, the City Council determined that it would be in the public
interest to vacate the Dedicated Streets and sell the Deeded Streets in the
Project property area; and
WHEREAS, in 2008 the Port solicited proposals through a competitive
process from real estate development firms interested in developing the DMCBP
site, and ultimately selected a developer and began negotiating the terms of a
land lease agreement; and
WHEREAS, in fall 2008 the Port and the selected developer did not come
to an agreement on the land lease because of the national recession and other
factors; and
WHEREAS, since 2008 the Port has continued with planning efforts to
better position the DMCBP for development as the regional economy improves;
and
WHEREAS, since 2008 the City has invested nearly $2 million in the
planning and design of offsite infrastructure supporting the DMCBP, and is
actively pursuing federal and state funds to construct this infrastructure; and
WHEREAS, the City’s roadway design efforts have identified the Right of
Way Acquisition needed by the City, which acquisition will improve the City’s
ability to acquire grants and loans and begin construction of the Roadway
Improvements as early as 2011 if such funds become available; and
WHEREAS, the parties have now concluded based on this additional Port
and City planning and design that approval of the developer’s master plan and
Council Approved (093010) Page 2
full execution of the Second Development Agreement, as required by the First
Development Agreement and First Addendum, is no longer necessary to
complete transfer of the Properties, and that transfer of the Properties at this time
along with the Right of Way Acquisition would benefit both the Port and the City;
and
WHEREAS, the Port’s planning work and the City’s design efforts have
identified the need for some changes to Ordinance 1428 and Ordinance 1429
from 2008, effecting the right of way vacations and deeded street transfers; and
WHEREAS, the City Council held a public hearing on June 10, 2010 to
repeal Ordinance 1428 and Ordinance 1429, and to enact new ordinances that
vacate the Dedicated Streets and concurrently approve transfer of the Deeded
Streets, subject to execution of this Second Addendum; and
WHEREAS, the City Council also discussed accepting statutory warranty
deeds for Right of Way Acquisition, and a related Slope and Utility Easement
needed for the Roadway Improvements, subject to execution of this Second
Addendum; and
WHEREAS, the City and the Port now enter into this Second Addendum
to establish the terms and conditions for the vacation of Dedicated Streets,
transfer of the Deeded Streets from the City to the Port and acquisition of rights
of way and easements needed for the Roadway Improvements, including
agreement on a payment schedule consistent with DMMC 12.12.060 and
Chapter 35.79 RCW; and
NOW, THEREFORE, the City and the Port agree as follows:
I. Definitions
As used in this Second Addendum, unless the context or subject matter
clearly requires otherwise, the words or phrases defined in this section shall have
the indicated meanings.
"City" means the City of Des Moines.
“Closing” means the date described in Section III (E) below.
“Construction License” means the temporary construction license
needed by the City from the Port to construct the Roadway
Improvements.
“DMMC” means the Des Moines Municipal Code.
“Dedicated Streets” means the streets identified in Exhibit I that were
dedicated to King County or the City as part of the subdivision approval
process for the neighboring properties.
Council Approved (093010) 3
“Deeded Streets” means the streets identified in Exhibit II that the City
owns in fee simple.
“Easement” means that slope and utility easement needed by the City
to facilitate construction of the Roadway Improvements and the Project.
“Escrow Agreement” means instructions to an escrow agent prepared
by the parties to effect the simultaneous recording of City ordinances,
deeds, easements and licenses vacating rights of way, transferring
properties between the parties, and facilitating construction of roadway
improvements.”
“Ordinances” means Ordinances10-069 and 10-070 (1) setting out the
revised legal descriptions for the Dedicated Streets and (2) setting out
the revised legal descriptions of the Deeded Streets. These
Ordinances are hereby incorporated by this reference.
"Port" means the Port of Seattle.
"Project" means the Des Moines Creek Business Park (DMCBP).
“Properties” means the Dedicated Streets and the Deeded Streets.
“Right of Way Acquisition” means the Port property identified in
Exhibit III needed by the City to complete the Roadway Improvements.
“Roadway Improvements” means the widening of 24th Avenue S. and
S 216th Street as generally identified in the Transportation Gateway
Project Design Report, December, 2009.
II. Introduction and Purpose
This Second Addendum establishes a written agreement between the
City and the Port regarding the responsibilities of the parties and procedures to
be followed in the preparation and processing of all necessary documents
needed to achieve transfer of the Properties and the Right of Way Acquisition.
The parties intend that the Project proceed in such a manner to satisfy the
applicable ordinances, resolutions, policies, and environmental requirements of
the City and the Port.
Council Approved (093010) Page 4
III. Terms
A. Description of the Properties. The Properties consist of 497,738 s.f
+/- (approximately 11.43 acres), which are 334.387 s.f +/- (approximately
7.68 acres) of Dedicated Streets and 163,351 s.f. +/- (approximately
3.75 acres) of Deeded Streets as depicted and more fully described in
the Ordinance 10-069 (Dedicated Streets - Exhibit I) and Ordinance 10-
070 (Deeded Streets – Exhibit II).
B. Right of Way Acquisition. The Right of Way Acquisition needed for the
Roadway Improvements consists of 123,889 s.f. +/- (approximately 2.84
acres). This acquisition shall be effected by the Port’s execution of the
Statutory Warranty Deed attached as Exhibit III. The Port’s execution of
the Statutory Warranty Deed is contingent upon approval of the Right of
Way Acquisition by the Federal Aviation Administration (FAA).
To further facilitate construction of the Roadway Improvements and the
Project, the City also requests the Port’s execution of the Easement
attached as Exhibit IV and the Construction License attached as
Exhibit V.
C. Compensation Due: The parties agree to a fa ir market value for the
Properties and the Right of Way Acquisition of $6.00 per square foot.
This valuation is based on the “Complete Appraisal Presented as a
Summary Report, Des Moines Creek Business Park, as of September
21, 2010”, prepared by GVA Kidder Mathews dated September 21,
2010.
(i) Properties. The Port’s payment to the City for the Properties is
determined by the total square footage of the Properties (497,738
square feet) multiplied by the per square foot fair market value of
the Properties ($6.00) which equals $2,986,428.
(ii) Right of Way Acquisition. The compensation that the City will pay
the Port for the Right of Way Acquisition is determined by the total
square footage of the needed frontage (123,889 square feet )
multiplied by the per square foot fair market value of the frontage
($6.00) which equals $743,334. This amount shall be deducted
from the compensation to be paid by the Port resulting in a net
payment to the City of $2,243,094.
(iii) Easement; Construction License. The Port and the City
acknowledge that the Easement is mutually beneficial, and the
Port agrees to convey the Easement at no cost to the City. In
addition, the Port agrees to grant the Construction License to the
City at no cost.
Council Approved (093010) 5
D. Payment. The Port shall pay the City at Closing the net payment as
described in paragraph III(C)(ii) above from funds currently in escrow as
a result of the First Addendum, and in accordance with the Escrow
Agreement to be provided..
E. Closing; Closing Costs. Closing shall occur within thirty (30) days of
the Port’s receipt of the FAA’s approval of the Right of Way Acquisition.
The parties agree each will pay one-half of the escrow fee and recording
fees.
F. Closing Documents.
a. Port’s Documents. At Closing, the Port shall deliver the following
documents:
i. Executed original Statutory Warranty Deed reflecting the Right
of Way Acquisition;
ii. Executed original Slope and Utility Easement;
iii. Executed original Construction License; and
iv. Such other documents as the escrow agent requires for Closing.
b. City’s Documents. At Closing, the City shall deliver the following
documents:
i. City of Des Moines Ordinances Nos. 10-069 and 10-070.
ii. Executed original Statutory Warranty Deed reflecting the
Deeded Street Sale
iii. Such other documents as the escrow agent requires for Closing.
G. Second Development Agreement. The City and the Port agree that a
Second Development Agreement shall provide for City cost
reimbursement for the Port’s proportionate share of the design, right of
way and construction costs related to the Roadway Improvements,
future transportation impact fees and other project related
improvements.
IV. Entire Understanding, Modification, and Authority
A. Modification. This Second Addendum may be amended or modified
only by mutual agreement of the parties expressed in writing.
B. Jurisdictional Authority. This Second Addendum is specific to the
Project and is not intended to transfer any degree of jurisdictional
Council Approved (093010) Page 6
authority held by one party to the other party, nor is it to be misconstrued
as recognition of jurisdictional authority which either party may duly
claim.
V. Termination
To the extent Closing fails to occur as provided in Section III(E) above,
the City may repeal any applicable ordinances and they shall be considered a
nullity, and the City’s ownership interest in the Properties shall revert to the
status the City enjoyed prior to entering into this Second Addendum.
VI. Effective Date
This Second Addendum must be approved by the City Council of the
City of Des Moines and the Port Commission of the Port of Seattle and shall
become effective on the date of final signature below.
VII. Exhibits
This Second Addendum includes the following Exhibits and each is fully
incorporated herein.
Exhibit I - Ordinance 10-069 - Dedicated Streets
Exhibit II - Ordinance 10-070 - Deeded Streets
Exhibit III – Statutory Warranty Deed – Right of Way Acquisition
Exhibit IV – Slope and Utility Easement
Exhibit V – Temporary Construction License
CITY OF DES MOINES
At the direction of the Des Moines City
Council taken at an open public meeting on
______________.
Anthony A. Piasecki, City Manager
Date:
APPROVED AS TO FORM
Council Approved (093010) 7
Pat Bosmans, City Attorney
City of Des Moines
Date:
PORT OF SEATTLE
At the direction of the Port Commission of
the Port of Seattle taken at an open public
meeting on ________________________.
Tay Yoshitani, Chief Executive Officer
Date:
APPROVED AS TO FORM
_______________________________
Soojin E. Kim
Senior Port Counsel
Port of Seattle
Date:
Council Approved (093010) Page 8
SECOND ADDENDUM TO THE
FIRST DEVELOPMENT AGREEMENT
REGARDING COMPENSATION FOR
DEDICATED AND DEEDED RIGHTS OF WAY AND
PURCHASE OF RIGHT OF WAY FRONTAGE
City of DesMoines
Ordinance 10-069
(Vacation of Dedicated Right of way)
EXHIBIT|
Version 2.6 (092310)
PLANNING, BUILDING, PUBLIC WORKS 05/14/2010
DRAFT ORDINANCE NO. 10-069
AN ORDINANCE OF THE CITY OF DES MOINES, WASHINGTON,
repealing Ordinance No. 1428 (uncodified) and vacatingby
the petition method City rights-of-way known as South 212%
Street, South 213™ Street, South 214" Street, 20™ Avenue
South, 20% Place South, 21% Avenue South, and 22™ Avenue
South located in and abutting a portion of property
commonly known as the Port of Seattle “Buy-Out” area within
the City of Des Moines, ‘subject to the applicant’s
compliance with requirementsset forth herein.
WHEREAS, the Port of Seattle has filed a petition
to vacate certain City rights-of-way within territory
which has been acquired by the Port of Seattle for
purposes related to Sea-Tac International Airport and
aircraft noise mitigation, and
WHEREAS, a Development Agreement between the Port
of Seattle and City of Des Moines (the First Development
Agreement) executed on July 11, 2005 contemplates the
vacation of public rights of way to provide for future
redevelopment of property in the Port of Seattle “Buy-
Out” area, and
WHEREAS, no apparent municipal use of the said
rights-of-way continues to exist, but the Port has
reason toconvert the «rights-of-way to commercial
and ‘
purposes,
WHEREAS, the Midway Sewer District and the
Highline Water District have existing facilities in
portions of the city streets requested to be vacated
which will continue to provide service to other
properties and require easements to be granted to allow
for their continued use, and
WHEREAS, DMMC 12.12.040 adopts the street vacation
procedures of chapter 35.79 RCW, and
WHEREAS, RCW 35.79.010 authorizes the City Council
to initiate such street vacation procedures by
resolution and further requires setting of a public
hearing and date for Council action which was, in this
case, established by Resolution No. 1062 fixing the
public hearing for February 14, 2008, to be followed by
Council action, and
Version 2.6 (092310) Page 10
WHEREAS, notice of the public hearing was given in
.
accordance with law and the public hearing was held before
the City Council of the City of Des Moines on February 14,
and
2008, and all persons wishing to be heard were heard,
WHEREAS, the City Council of the City of Des Moines
passed this Ordinance to a gecond reading on February 28,
2008, and
WHEREAS, the City Council continued the second
reading of this Ordinance to March 6, 2008, and
WHEREAS, no objections to vacation were filed by
any abutting property owners prior to the hearing, and
the Council finds that no person has demonstrated
‘gpecial injury due to substantial impairment of access
to such person’s property, and
WHEREAS, the Council voted to adopt Ordinance 1428
on February 28, 2008 subject to certain conditions of
approval, and
WHEREAS, conditions of
progress toward completing
approval related to Ordinance No. 1428 has been
achieved, but full and complete gatigfaction of these
conditions is contingent upon release of funds for
compensation of vacated property described herein and
the execution of deeds to transfer said property, and
WHEREAS, since the passage of Ordinance No. 1428, the
City of Des Moines and Port of Seattle have developed an
with
alternate legal description that integrates better
recent efforts by the City to expand and improve right-of-way
for South 216 Street and 24%" Avenue South adjacent to Port
of Seattle property, and
WHEREAS, supplemental title research since’ the passage
of 1428 has also resulted in some corrections to the
descriptions of property requested to be vacated, and
WHEREAS, a new public hearing is required to repeal
Ordinance No. 1428, and
WHEREAS, public noticing requirements ‘related to
vacating of public property under RCW 39.33.020 have been
completed, and
WHEREAS, pursuant to RCW 35.79.010 the City Council
by resolution set a public hearing for June 10, 2010
11
Version 2.6 (092310)
which was, in this case, established by Resolution No.
1124, to be followed by Council action, and
WHEREAS, notice of the public hearing was given in
accordance with law and the public hearing was held before
the City Council of the City of Des Moines on June 10,
2010, and all persons wishing to be heard were heard, and
WHEREAS, the Council finds that there is no public
need sufficient to maintain City ownership of the
streets legally described herein and as depicted on the
map marked Exhibit “A” to this ordinance and it is in
the public interest to surplus these properties and sell
them to the Port of Seattle to allow for redevelopment
for Business Park purposes subject to the conditions of
approval contained herein, and
WHEREAS, the Council finds that vacation of the
_
rights-of-way legally described herein and as depicted
on the map marked Exhibit “A” to this ordinance, is in
the public interest; now therefore,
THE CITY COUNCIL OF THE CITY OF DES MOINES ORDAINS AS
FOLLOWS:
Sec. 1. Findings adopted. Based on the evidence
presented, the City Council adopts the following findings
of fact:
(1) The public rights-of-way which are the subject
of this ordinance consist of segments of public rights-of-
way (South 212% Street, South 213" street, South 214%
Street, 20% Avenue South, 20" Place South, 21° Avenue
South, 22" Avenue South) located within the “buy-out” area
which is geographically bounded on the north by the Des
Moines city limits, on the east by 24Avenue South, on the
south by South 216™ Street, and on the west by the SR-509
right-of-way and property largely consisting of Des Moines
Creek and its associated slopes and open spaces.
"
(2) The public rights-of-way which are the subject
of this ordinance are improved for transportation purposes,
have previously been opened for transportation purposes,
and are not subject to vacation by operation of law under
the Laws of 1889-90.
(3) The public rights-of-way which are the subject
of this ordinance are not necessary for present and future
use by public utilities or for native growth protection
~~
Version 2.6 (092310) Pagel2
because present and future needs for use by public
utilities will be met by appropriate easements retained by
the City or granted by the property owner abutting the
rights-of way proposed to bevacated and critical areas to
be mapped and protected with the use of protective
environmentally critical areas tracts or easements prior to
future site development.
The which are the subject
. (4) public rights-of-way
of this ordinance are surplus to the present and future.
needs of the citizens of the City of Des Moines for
transportation purposes, and it is in the public interest
to vacate these rights-of-way, and to aggregate these
properties along with surrounding properties to provide for
future redevelopment and increased tax base.
(5) The repeal of Ordinance No. 1428 to improve the
legal descriptionof property requested to bevacated with
respect to future street work related to South 216 Street
and 24" Avenue South and to reflect updated title
information is necessary and in the public interest.
Sec. 2. Repealer. Sections 1 through 6 of Ordinance
No. 1428 (uncodified) are each repealed.
Sec. 3. Right-of-way vacation. Subject to the
requirements set forth in this ordinance, the following
legally described public rights-of-way as depicted on the
attached map entitled Exhibit “A” are vacated and the
property within the rights-of-way so vacated shall belong
to the respective abutting property owners, one-half to
each as required by RCW 35.79.040, subject to the
conditiong set forth in section 3 of this ordinance:
THAT PORTION OF THE NORTHWEST QUARTER,
SECTION 9, TOWNSHTP 22 NORTH, RANGE 4 EAST,
W.M., KING . COUNTY, WASHINGTON, INCLUDED
WITHIN STRIPS OF LAND DESCRIBED AS FOLLOWS:
ALL THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH
212™ STREET, LYING WEST OF THE WESTERLY RIGHT
OF WAY MARGIN OF 24™ AVENUE SOUTH AND LYING
EAST OF THE NORTH-SOUTH CENTERLINE OF SAID
NORTHWEST QUARTER; TOGETHER WITH
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR SOUTH
213™ STREET, LYING EAST OF THE EASTERLY RIGHT
OF WAY MARGIN OF 22"° AVENUE SOUTH; TOGETHER
WITH
Version 2.6 (092310) 13
ALL THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH
214™ STREET, LYING EAST OF THE EASTERLY RIGHT
OF WAY MARGIN OF 20" AVENUE SOUTH AND LYING
WEST OF THE SOUTHERLY EXTENSION OF THE EAST
LINE OF LOT 7, PLAT OF LINDA LOU AS RECORDED
IN VOLUME 57 OF PLATS, PAGE 54, RECORDS OF
SAID COUNTY; TOGETHER WITH
ALL THAT 30 FOOT WIDE.RIGHT OF WAY FOR SOUTH
214™ STREET, LYING EAST OF THE SOUTHERLY
EXTENSION OF THE EAST LINE. OF LOT 7, PLAT OF
LINDA LOU AS RECORDED IN VOLUME 57 OF PLATS,
PAGE 54, RECORDS OF SAID COUNTY AND LYING
WEST OF THE WESTERLY RIGHT OF WAY MARGIN OF
24™ AVENUE SOUTH; TOGETHER WITH
ALI, THAT 60 FOOT WIDE RIGHT OF WAY FOR 20™
AVENUE SOUTH, LYING SOUTH OF THE EASTERLY
EXTENSION OF THE NORTH LINE OF KING COUNTY
SHORT PLAT NO. 978038, AS RECORDED UNDER
RECORDING NO. 8008270717, RECORDS OF SAID
COUNTY* AND LYING NORTH OF THE EASTERLY
EXTENSION OF THE SOUTH LINE OF KING COUNTY
SHORT PLAT NO. 978039, AS RECORDED UNDER
RECORDING NO. 8008270718, RECORDS OF SAID
COUNTY; TOGETHER WITH
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR 20™
AVENUE SOUTH, LYING NORTH OF THE EASTERLY
EXTENSION OF THE NORTH LINE OF KINGCOUNTY
SHORT PLAT NO. 978038, AS RECORDED UNDER
RECORDING NO. 8008270717, RECORDS OF SAID
COUNTY AND LYING SOUTH OF THE WESTERLY
EXTENSION OF THE SOUTHERLY RIGHT OF WAY
MARGIN OF SOUTH 212™ STREET; TOGETHER WITH
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR 20™-
AVENUE SOUTH, LYING SOUTH OF THE EASTERLY
EXTENSION OF THE SOUTH LINE OF KING COUNTY
SHORT PLAT NO. 978039, AS RECORDED UNDER
RECORDING NO. 8008270718, RECORDS OF SAID
COUNTY AND LYING NORTH OF THE NORTHERLY RIGHT
OF WAY MARGIN OF SOUTH 216™ STREET; TOGETHER
WITH
ALL THAT 60 FOOT WIDE RIGHT OF WAY FOR 21%
AVENUE SOUTH, LYING SOUTH OF THE SOUTHERLY
RIGHT OF WAY MARGIN OF SOUTH 212™ STREET AND
LYING NORTH OF THE NORTHERLY RIGHT OF WAY
MARGIN OF SOUTH 216™ STREET, EXCEPT ALL THAT
Version 2.6 (092310) ee
-
. Page14
60 FOOT WIDE RIGHT OF WAY FOR SOUTH 214™
STREET; TOGETHER WITH
ALL THAT 60 FOOT WIDE RIGHT OF WAY FOR 22
AVENUE SOUTH, LYING SOUTH OF THE WESTERLY
EXTENSION OF THE NORTH LINE OF THE PLAT OF
LINDA LOU, AS RECORDED IN VOLUME 57 OF PLATS,
PAGE 54, RECORDS OF SAID COUNTY AND LYING
NORTH OF THE NORTHERLY RIGHT OF WAY OF SOUTH
214™ STREET; TOGETHER WITH
"ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR 22"
AVENUE SOUTH, LYING SOUTH OF THE SOUTHERLY
RIGHT OF WAY MARGIN OF SOUTH 212™ STREET AND
LYING NORTHERLY OF THE WESTERLY EXTENSION OF
THE NORTH LINE OF THE PLAT OF LINDA LOU, AS
RECORDED IN VOLUME 57 OF PLATS, PAGE 54,
RECORDS OF SAID COUNTY; TOGETHER WITH
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR 22%
AVENUE SOUTH, LYING SOUTH OF THE SOUTHERLY
RIGHT OF WAY MARGIN OF SOUTH 214™ STREET AND
LYING NORTH OF THE NORTHERLY RIGHT OF WAY
MARGIN OF SOUTH 216™ STREET; TOGETHER WITH
ALL THAT 5 FOOT WIDE RIGHT OF WAY FOR 20™
AVENUE SOUTH AS DEDICATED BY THE PLAT OF.
MAYVALE NO. 3, AS RECORDED IN VOLUME 78 OF
PLATS, PAGE 55, RECORDS OF SAID COUNTY;
TOGETHER WITH
ALL THAT RIGHT OF WAY FOR 20™ PLACE SOUTH,
LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY
MARGIN OF SOUTH 208™ STREET;
EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND THE NORTHWEST QUARTER OF
SECTION 9, ALL IN TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT A MONUMENT IN CASE AT THE
NORTHEAST CORNER OF SAID NORTHWEST QUARTER,
ALSO BEING THE INTERSECTION OF 24TH AVENUE
SOUTH AND SOUTH 208TH STREET;
THENCE NORTH 88° 26’ 01” WEST ALONG THE NORTH
LINE OF SAID NORTHWEST QUARTER, 30.00 FEET TO
THE NORTHERLY EXTENSION OF A LINE THAT IS
30.00 FEET WEST OF AND PARALLEL WITH THE EAST
Version 2.6 (092310) 15
LINE OF SAID NORTHWEST QUARTER (SAID EAST LINE
ALSO BEING THE CENTERLINE OF 24TH AVENUE
SOUTH), AND THE TRUE POINT OF BEGINNING;
SAID
THENCE NORTH 01° 06‘ 35” EAST ALONG
NORTHERLY EXTENSION, 30.00 FEET TO A LINE THAT
PARALLEL WITH THE
IS 30.00 FEET NORTH OF AND
NORTH LINE OF SAID NORTHWEST QUARTER;
WEST
THENCE NORTH 88° 26’ 01” ALONG SAID
PARALLEL LINE, 37.50 FEET TO THE NORTHERLY
EXTENSION OF A LINE THAT IS 67.50 FEET WEST OF
SAID
AND PARALLEL WITH THE EAST LINE OF
ALSO - BEING
NORTHWEST QUARTER (SAID EAST LINE
THE CENTERLINE OF 24TH AVENUE SOUTH);
SOUTH 01° 06’ 35” WEST ALONG SAID
THENCE
NORTHERLY EXTENSION AND ALONG SAID PARALLEL
LINE, 1751.88 FEET;
THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE
CENTER-BEARS SOUTH 88° 53’ 25" EAST, 6049.50
FEET, AN ARC DISTANCE OF 226.75 FEET;
THENCE SOUTH 01° 02f 16” EAST, 255.41 FEET;
THENCE SOUTHERLY ON A CURVE TO THE RIGHT WHOSE
CENTER BEARS SOUTH 88° 57’ 44” WEST, 5950.50
FEET, AN ARC DISTANCE OF 223.04 FEET TO A LINE
PARALLEL WITH
THAT IS 49.50 FEET WEST OF AND
THE EAST LINE OF SAID NORTHWEST QUARTER (SAID
OF 24TH
EAST LINE ALSO BEING THE CENTERLINE
AVENUE SOUTH};
THENCE SOUTH 01° 06’ 35” WEST ALONG SAID
PARALLEL LINE, 119.10 FEET;
46° 25’ 19” WEST, 42.84 FEET TO A
THENCE SOUTH
LINE THAT IS 63.50 FEET NJORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER
OF
(SAID SOUTH LINE ALSO BEING THE CENTERLINE
SOUTH 216TH STREET;;
NORTH 88° 15’ 56” WEST ALONG SAID
THENCE
PARALLEL LINE, 1172.31 FEET;
THENCE NORTH 01° 18‘ 27” EAST, 2.00 FEET TO A
I,INE THAT IS 65.50 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER
ter
Page 16
Version 2.6 (092310) :
(SAID SOUTH LINE ALSO BEING THE CENTERLINE OF
SOUTH 216TH STREET);
THENCE NORTH 88° 15’ 56” WEST ALONG SAID
PARALLEL LINE, 1.00 FEET;
THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT
WHOSE CENTER BEARS NORTH 01° 44’ 04” EAST,
19.50 FEET, AN ARC DISTANCE OF 30.49 FEET;
THENCE NORTH 01° 18’ 27” EAST, 17.04 FEET;
THENCE NORTH 88° 41’ 33” WEST, 39.36 FEET TO
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID
NORTHWEST QUARTER;
THENCE SOUTH 01° 06’ 10” WEST ALONG SAID WEST
LINE, 71.60 FEET TO A LINE THAT IS 30.00 FEET
NORTH OF AND PARALLEL: WITH THE SOUTH LINE OF
SAID NORTHWEST QUARTER (SAID SOUTH LINE ALSO
BEING THE CENTERLINE OF SOUTH 216TH STREET);
THENCE SOUTH 88° 15’ 56” EAST ALONG SAID
PARALLEL, LINE, 1281.85 FEET TO A LINE THAT IS
30.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF SAID NORTHWEST QUARTER (SAID EAST LINE
ALSO BEING THE CENTERLINE OF 24TH AVENUE
SOUTH);
THENCE ‘NORTH "01° 06‘ 35" EAST ALONG SAID
PARALLEL LINE, 2609.79 FEET TO THE TRUE POINT
OF BEGINNING.
Sec. 4. Conditions of right-of-way vacation. ‘The
rights-of-way subject to vacation under thig ordinance
shall be subject to the following conditions:
(1) The abutting property owner (Port of Seattle)
shall be required to compensate the City of Des Moines for.
vacation of these Class A rights-of-way, pursuant to DMMC
12.12.050(2)(a) and consistent with the terms of the Draft
Second Addendum to the First Development Agreement
incorporated herein by this reference as Exhibit “B”,
unless the terme of this agreement are specifically
directed to be modified by the City Manager and/or at the
direction of the City Council prior to the Port of Seattle
and City of Des Moines executing this agreement.
(2) The purchase of vacated rights-of-way under this
ordinance shall include ownership of all inactive and non-
17
Version 2.6 (092310)
functioning improvements to City streets, including but not
limited to, pavement and drainage systems. It ig the sole
responsibility of the purchaser to remove and properly
dispose of these inactive and non-functioning improvements.
(4) The City Manager is directed to finalize this
street vacation ordinance in accordance with the escrow
agreement.
(5) The Port of Seattle shall preserve public access
to the public trail located on abutting land owned by the
City. The Port shall provide access improvements within
the natural open critical
space areas adjacent to the upper
area buffer associated with Des Moines Creek.
(6) The Port of Seattle shall contact all utility
and
purveyors serving this site to identify grant desired
easements, if any, for active and permanent utility systems
‘and improvements within property vacated under this
ordinance.
(7) An easement is granted by the City of Des
Moines to the Highline Water District and its
successors and assigns for the operation, construction,
repair, and maintenance of existing underground public
water system improvements as constructed across and through
the following described property:
THAT PORTION OF THE NORTHWEST QUARTER, SECTION
9, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING
COUNTY, WASHINGTON, INCLUDED WITHIN STRIPS OF
LAND DESCRIBED AS FOLLOWS:
THE EASTERLY 20 FEET OF THAT 60 FOOT WIDE
RIGHT OF WAY FOR 21°7 AVENUE SOUTH LYING SOUTH
OF THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH
212™ STREET, AND NORTH OF THE NORTHERLY RIGHT
OF WAY MARGIN OF SOUTH 216™ STREET, EXCEPT ALL
THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH 214™
STREET; TOGETHER WITH
THE SOUTHERLY 20 FEET OF THAT 60 FOOT WIDE
RIGHT OF WAY FOR SOUTH 212™ STREET, LYING EAST
OF THE EAST MARGIN OF 21°" AVENUE SOUTH AND
WEST OF THE WESTERLY RIGHT OF WAY MARGIN OF
22™ AVENUE SOUTH; TOGETHER WITH
tSiSSUSSSS
Version 2.6 (092310) Page 18
OF SOUTH
THE EASTERLY 20 FEET OF THAT PORTION
212™ STREET, LYING WITHIN THE PROJECTION OF
AVENUE
THE WEST MARGIN AND CENTERLINE OF 22"
SOUTH THROUGH SOUTH 212™ STREET; TOGETHER
WITH
THE NORTHERLY 20 FEET OF THAT 60 FOOT WIDE
RIGHT OF WAY FOR SOUTH 212% STREET, LYING EAST
AND
OF THE WEST MARGIN OF 22" AVENUE SOUTH
OF
WEST OF THE WESTERLY RIGHT OF WAY MARGIN
24™ AVENUE SOUTH.
(8) An easement is granted by the City of Des
Moines to the Midway Sewer District and its
and assigns for the operation, construction,
successors
repair, and maintenance of existing underground public
and
sewage system improvements as constructed across
following described property: :
through the
THAT PORTION OF THE NORTHWEST QUARTER, SECTION
9, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING
COUNTY, WASHINGTON, INCLUDED WITHIN STRIPS OF
LAND DESCRIBED AS FOLLOWS:
THE WEST 20 FEET OF THAT 30 FOOT WIDE RIGHT OF
WAY FOR 20™ AVENUE SOUTH LYING SOUTH OF THE
EAST-WEST CENTERLINE OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION
(CENTERLINE OF SOUTH 214™ STREET AND ITS
WESTERLY EXTENSION), AND NORTH OF THE
NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 216™
STREET; TOGETHER WITH
THE EAST 20 FEET OF THE WEST 40 FEET OF THAT
60. FOOT WIDE RIGHT OF WAY FOR 20™ AVENUE SOUTH
LYING SOUTH OF THE EASTERLY EXTENSION OF THE
NORTH LINE- OF KING COUNTY SHORT PLAT NO.
978038, AS RECORDED UNDER RECORDING NO.
8008270717, AND NORTHERLY OF THE EAST-WEST
CENTERLINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION (CENTERLINE
OF SOUTH 214™ STREET AND ITS WESTERLY
EXTENSION); TOGETHER WITH
THE WEST 20 FEET OF THAT 30 FOOT WIDE RIGHT OF
WAY FOR 20™ AVENUE SOUTH LYING NORTH OF THE
EASTERLY EXTENSION OF .THE NORTH LINE OF KING
COUNTY SHORT PLAT NO. 978038, AS RECORDED
OF
UNDER RECORDING NO. 8008270717, AND SOUTH
19
Version 2.6 (092310)
THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH
212™ STREET; TOGETHER WITH
THE EAST 20 FEET OF THE WEST 40 FEET OF THAT
60 FOOT WIDE RIGHT OF WAY FOR 22 AVENUE SOUTH
LYING SOUTH OF THE WESTERLY EXTENSION OF THE
NORTH LINE OF THE PLAT OF LINDA LOU, AS
RECORDED IN VOLUME 57 OF PLATS, PAGE 54,
RECORDS OF SAID COUNTY, AND NORTH OF THE
NORTHERLY RIGHT OF WAY OF SOUTH 214™ STREET;
TOGETHER WITH
THE EAST 20 FEET OF THAT 30 FOOT WIDE RIGHT OF
WAY FOR 22° AVENUE SOUTH LYING SOUTH OF THE
SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 212™
STREET, AND NORTHERLY OF THE WESTERLY
EXTENSION OF THE NORTH LINE OF THE PLAT OF
LINDA LOU, AS RECORDED IN VOLUME 57 OF PLATS,
PAGE 54, RECORDS OF SAID COUNTY; TOGETHER WITH
THE NORTH 20 FEET OF THAT 30 FOOT WIDE RIGHT
OF WAY FOR SOUTH 214™ STREET LYING EAST OF THE
SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 7,
PLAT OF LINDA LOU AS RECORDED IN VOLUME 57 OF
PLATS, PAGE 54, RECORDS OF SAID COUNTY, AND
WEST OF THE WESTERLY RIGHT OF WAY MARGIN OF
24™ AVENUE SOUTH; TOGETHER WITH
THE NORTHERLY 20 FEET OF THE SOUTHERLY 40 FEET
OF THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH
214™ STREET LYING EAST OF THE WESTERLY RIGHT
OF WAY MARGIN OF 22" AVENUE SOUTH, AND WEST OF
THE SOUTHERLY EXTENSION OF THE EAST LINE OF
LOT 7, PLAT OF LINDA LOU AS RECORDED IN VOLUME
57 OF PLATS, PAGE 54, RECORDS OF SAID COUNTY;
TOGETHER WITH
THE NORTH 20 FEET OF THE SOUTH 30 FEET OF THAT
60 FOOT WIDE RIGHT OF WAY FOR SOUTH 212™
STREET, LYING WEST OF THE RIGHT OF WAY
CENTERLINE OF 22" AVENUE SOUTH, AND EAST OF
THE NORTH-SOUTH CENTERLINE OF SAID NORTHWEST
QUARTER (CENTERLINE OF 20™ AVENUE SOUTH).
Sec. 5. Severability-Construction.
(1) If a section, subsection, paragraph, sentence,
clause, or phrase of this ordinance ig declared
unconstitutional or invalid for any reason by any court of
Version 2.6 (092310) Page 20
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance.
(2) If the provisions of this ordinance are found to
be inconsistent with other provisions of the Des Moines
Municipal Code, this ordinance is deemed to control.
Sec. 6. Recordation. Upon satisfactory compliance
with Section 4 (4) of this ordinance, the City Clerk shall
certified of this ordinance to be recorded in
cause a copy
the records of the King County Recorder.
This shall take
Sec. 7. Effective date. ordinance
its
effect and be in full force thirty (30) days after
passage, approval, and publication in accordance with law.
PASSED BY the City Council of the City of Des Moines
th day of 2010 and 8igned in
this ,
authentication thereof this th day of 2010.
,
MAYOR
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Published:
Effective Date:
21
Version 2.6 (092310)
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Version 2.6 (092310) Page 22
SECOND ADDENDUM TO THE
FIRST DEVELOPMENT AGREEMENT
REGARDING COMPENSATION FOR
DEDICATED AND DEEDED RIGHTS OF WAY AND
PURCHASE OF RIGHT OF WAY FRONTAGE
City of Des Moines
Ordinance 10-070
(Surplus of Deeded Right of way)
EXHIBIT lI
Version 2.6 (092310) 23
PLANNING, BUILDING, PUBLIC WORKS 05/14/2010
DRAFT ORDINANCE NO. 10-2070
AN ORDINANCE OF THE CITY OF DES MOINES, WASHINGTON,
repealing Ordinance No. 1429 and declaring certain City
property located within the Port of Seattle “Buy-Out” area
commonly known as portions of South 208" Street, South 210%"
Street, and 20%® Avenue South as surplus to the needs of the
City and authorizing the sale of these properties to the
Port of Seattle, subject to the applicant’s compliance with
requirements set forth herein.
WHEREAS, the Port of Seattle has filed a petition
to vacate all City-controlled streets and rights-of-way
within a specific territory which have been acquired by
the Port of Seattle for purposes related to Sea-Tac
‘International Airport and aircraft noise mitigation, and
"WHEREAS, City staff researched the origin of City
streets requested to be vacated and determined that some
streets are not dedicated as public rights-of-way, but
rather are deeded property for public street purposes,
and
WHEREAS, the Port of Seattle has been notified of
the disposition of ownership of these streets and it
desires to purchase these deeded properties as well as
vacate the remaining City-controlled streets determined
to be public rights-of-way, and
WHEREAS, a Development Agreement between the Port
of Seattle and City of Des Moines (the First Development
Agreement) executed on July 11, 2005 contemplates the
acquisition of public streets to provide for future
redevelopment of property in the Port of Seattle “Buy-
Out” area, and
WHEREAS, no apparent municipal use of the said
public streets continues to exist, but the Port has
reason to convert the rights-of-way for Business Park
commercial development purposes, and
WHEREAS, the Midway Sewer District and the
Highline Water District have existing facilities in
portions of the city owned streets requested to be
surplussed which will continue to provide service to
other properties and require easements to be granted to
allow for their continued use, and
Co
Version 2.6 (092310) Page 24
WHEREAS, RCW 39.33.010 specifies, “The state or
any municipality or any political subdivision thereof,
may sell, transfer, exchange, lease or otherwise dispose
of any property, real or personal, or property rights,
including but not limited to the title to real property,
to the state or any municipality or any political
subdivision thereof, or the federal government, on such
terms and conditions as may be mutually agreed upon by
the proper authorities of the state and/or the
subdivisions concerned,”.and
WHEREAS, the City of Des Moines and the Port of
Seattle are political subdivisions of the State and as
such are eligible to transfer and sell properties to
each other pursuant to RCW 39.33.010, and
WHEREAS, RCW 39.33.020 states that the City of Des
Moines must hold a public hearing to provide public
notice prior to disposingof surplus property having an
estimated value greater than fifty thousand dollars, and
WHEREAS, The City Council conducted a public
hearing on, February 14, 2008 and provided for public
testimony regarding the declaration to surplus public
property and the sale of said property to the Port of
Seattle, and
WHEREAS, notice of the public hearing was given in.
accordance with RCW 39.33.020 including a news release to
printed and electronic media, providing a description of
the future intended use of said property declared surplus,
and providing notice within at least ten (10) days but no
greater than twenty-five (25) days prior to the hearing,
and
WHEREAS, the City Council of the City of Des Moines
passed this Ordinance to a second reading on February 28,
2008, and
WHEREAS, the City Council continued the second
reading of thig ordinance to March 6, 2008, and
WHEREAS, no objections to surplus the public
properties in question or sell these properties to the
Port of Seattle were filed by any abutting property
ownerg prior to the hearing, and the Council finds that
no person has demonstrated special injury due to
substantial impairment of access to such person’s
property, and
Version 2.6 (092310) 25
WHEREAS, the Council voted to adopt Ordinance No.
1429 on February 28, 2008 subject to certain conditions
of approval, and
WHEREAS, progress toward completing conditions of
approval related to Ordinance 1429 has been achieved,
but full and complete satisfaction of these conditions
is contingent upon release of funds for compensation of
surplussed property described herein and the execution
of deeds to transfer said property, and
WHEREAS, since the passage of Ordinance No. 1429, the
City of Des Moines and Port of Seattle have developed an
alternate legal description that integrates better with
recent efforts by the City to expand and improve right-of-way
for South 216" Street and 24™ Avenue South adjacent to Port
of Seattle property, and
WHEREAS, supplemental title research since the passage
of 1429 has also resulted in some corrections to the
descriptions of property requested to be surplussed, and
WHEREAS, a new public hearing is required modify
Ordinance No. 1429, and.
WHEREAS, public noticing requirements related to
surpassing of public property under RCW 39.33.020 have been
completed, and
WHEREAS, the Council finds that there is no public
need sufficient to maintain City ownership of the
streets legally described herein and as depicted on the
map marked Exhibit “A” to this ordinance and it ig in the
public interest to surplus these properties and sell
them to the Port of Seattle to allow for redevelopment
for Business Park purposes subject to the conditions of
approval contained herein; now therefore,
THE CITY COUNCIL OF THE CITY OF DES MOINES ORDAINS AS
FOLLOWS:
Sec. 1. Findings adopted. Based on the evidence
presented, the City Council adopts the following findings
of fact:
(1) The public properties which are the subject of
this ordinance consist of strips of property used for
Street purposes (South 208" Street, South 210% Street, and
Ho 1 eee
Version 2.6 (092310) : Page 26
20t" Avenue South) that are located within the “Buy-Out”
the
area which is geographically bounded on the north by
24%" Avenue on
Des Moines city limits, on the east by South,
the south by South 216 Street, and on the west by the SR-
509 right-of-way and property largely consisting of Des
Moines Creek and its associated slopes and open spaces.
(2) The public properties which are the subject of
this ordinance are improved for transportation purposes,
have previously been opened for transportation purposes,
and are not subject to vacation by operationof law under
the Laws of 1889-90.
(3) city ownership of the public properties which
is not for
are the subject of this ordinance necessary
present and future use by public utilities because present
and future needs for use by public utilities can and will
be met by appropriate easements retained by the City or
granted by the Port of Seattle which owns property abutting
the properties proposed for surplus.
(4) The public properties which are the subject of
this ordinance are surplus to the present and future needs
"of the citizens of the (City of Des Moines for
trangportation purposes, and it is in the public interest
to sell these properties and allow them to be aggregated
with surrounding properties owned by the Port of Seattle to
provide for future redevelopment for Business Park use
which in turn will provide for a diversification of and an
increase to City tax base.
(5) Modifying Ordinance No. 1429 to improve the
legal description of property requested to be surplussed
with respect to future street work related to South 216%
Street and 24™ Avenue South and to reflect updated title
information is necessary and in the public interest.
Sec. 2. Repealer. Sections 1 through 6 of Ordinance
No. 1429 (uncodified) are each repealed.
Sec. 3. Surplus and Sale of Public Property. Subject
to the requirements set forth in this ordinance, the
following legally described public properties as depicted
the attached map entitled Exhibit “A” are declared
on
surplus:
THAT PORTION OF THE SOUTHWEST QUARTER, SECTION
4, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING
COUNTY, INCLUDED WITHIN A STRIP OF LAND
DESCRIBED AS FOLLOWS:
:
© 27
Version 2.6 (092310)
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR THE
NORTH HALF OF SOUTH 208™ STREET, LYING WEST
OF A LINE THAT IS 30.00 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF THE NORTHWEST
QUARTER OF SECTION 9, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M. AND ITS NORTHERLY
EXTENSION (SAID EAST LINE ALSO BEING THE
CENTERLINE OF 24™ AVENUE SOUTH) AND LYING
EAST OF THE NORTH-SOUTH CENTERLINE OF SAID
SOUTHWEST QUARTER; TOGETHER WITH
THAT PORTION OF THE NORTHWEST QUARTER, SECTION
9, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING
COUNTY, WASHINGTON, INCLUDED WITHIN STRIPS OF
LAND DESCRIBED AS FOLLOWS:
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR THE
SOUTH HALF OF SOUTH 208™ STREET, LYING WEST OF
A LINE THAT IS 30.00 FEET WEST OF AND PARALLEL
WITH THE EAST LINE OF SAID NORTHWEST QUARTER
AND ITS NORTHERLY EXTENSION (SAID EAST LINE
ALSO BEING THE CENTERLINE OF 24™ AVENUE SOUTH)
AND LYING EAST OF THE NORTH-SOUTH CENTERLINE
OF SATD NORTHWEST QUARTER; TOGETHER WITH
ALL THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH
210™ STREET, LYING WEST OF THE WESTERLY RIGHT
OF WAY MARGIN OF 24™ AVENUE SOUTH AND LYING
EAST OF THE NORTH-SOUTH CENTERLINE OF SAID
NORTHWEST QUARTER; TOGETHER WITH
ALL THAT RIGHT OF WAY FOR 20™ AVENUE SOUTH
CONVEYED TO KING COUNTY BY DEED RECORDED UNDER
RECORDING NO. 5441946, RECORDS OF SAID COUNTY;
EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER
OF SECTION 4 AND THE NORTHWEST QUARTER OF
SECTION 9, ALL IN TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT A MONUMENT IN CASE AT THE
NORTHEAST CORNER OF SAID NORTHWEST QUARTER,
ALSO BEING THE INTERSECTION OF 24TH AVENUE
SOUTH AND SOUTH 208TH STREET;
THENCE NORTH 88° 26’ 01” WEST ALONG THE NORTH
LINE OF SAID NORTHWEST QUARTER, 30.00 FEET TO
THE NORTHERLY EXTENSION OF A LINE THAT IS
RT eee
Version 2.6 (092310) Page 28
30.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF SAID NORTHWEST QUARTER (SAID EAST LINE
ALSO BEING THE CENTERLINE OF 24TH AVENUE
SOUTH), AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 01° 06’ 35” EAST ALONG SAID
NORTHERLY EXTENSION, 30.00 FEET TO A LINE THAT
IS 30.00 FEET NORTH OF AND PARALLEL WITH THE
NORTH LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH 88° 26’ 01” WEST ALONG SAID
PARALLEL LINE, 37.50 FEET TO THE NORTHERLY
EXTENSION OF A LINE THAT IS 67.50 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF SAID
NORTHWEST QUARTER (SAID EAST LINE ALSO BEING
THE CENTERLINE OF 24TH AVENUESOUTH) ;
THENCE SOUTH 01° 06‘ 35” WEST ALONG SAID
NORTHERLY EXTENSION AND ALONG SAID PARALLEL
LINE, 1751.88 FEET;
THENCE SOUTHERLY ON A CURVE TO THE LEFT WHOSE
CENTER BEARS SOUTH 88° 53’-25” EAST, 6049.50
FEET, AN ARC DISTANCE OF 226.75 FEET;
THENCE SOUTH 01° 02’ 16” EAST, 255.41 FEET;
THENCE SOUTHERLY ON A CURVE TO THE RIGHT WHOSE
CENTER BEARS SOUTH 88° 57’ 44” WEST, 5950.50
FEET, AN ARC DISTANCE OF 223.04 FEET TO A LINE
THAT IS 49.50 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF SAID NORTHWEST QUARTER (SAID
EAST LINE ALSO BEING THE CENTERLINE OF 24TH
AVENUE SOUTH);
THENCE SOUTH 01° 06’ 35” WEST ALONG SAID
PARALLEL LINE, 119.10 FEET;
THENCE SOUTH 46° 25’ 19” WEST, 42.84 FEET TO A
LINE THAT IS 63.50 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER
(SAID SOUTH LINE ALSO BEING THE CENTERLINE OF
SOUTH 216TH STREET);
THENCE NORTH 88° 15’ 56” WEST ALONG SAID
PARALLEL LINE, 1172.31 FEET;
THENCE NORTH 01° 18’ 27” EAST, 2.00 FEET TO A
LINE THAT IS 65.50 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER
Version 2.6 (092310) 29
(SAID SOUTH LINE ALSO BEING THE CENTERLINE OF:
SOUTH 216TH STREET);
THENCE NORTH 88° 15’ 56” WEST ALONG SAID
PARALLEL LINE, 1.00 FEET;
THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT
WHOSE CENTER BEARS NORTH 01° 44’ 04" EAST,
19.50 FEET, AN ARC DISTANCE OF 30.49 FEET;
THENCE NORTH 01° 18‘ 27” EAST, 17.04 FEET;
THENCE NORTH 88° 41’ 33” WEST, 39.36 FEET TO
SAID THE WEST LINE OF THE SOUTHEAST QUARTER OF
NORTHWEST QUARTER; ‘
THENCE SOUTH 01° 06’ 10” WEST ALONG SAID WEST
LINE, 71.60 FEET TO A LINE THAT IS 30.00 FEET
NORTH OF AND PARALLEL WITH THE SOUTH LINEOF
SAID NORTHWEST QUARTER (SAID SOUTH LINE ALSO
BEING THE CENTERLINE OF SOUTH 216TH STREET);
THENCE SOUTH 88° 15’ 56” EAST ALONG SAID
PARALLEL LINE, 1281.85 FEET TO A LINE THAT IS
30.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF SAID NORTHWEST QUARTER (SAID EAST LINE
ALSO BEING THE CENTERLINE OF 24TH AVENUE
SOUTH);
THENCE NORTH 01° 06’ 35” EAST ALONG SAID
PARALLEL LINE, 2609.79 FEET TO THE TRUE POINT
OF BEGINNING.
dec. 4. Conditions of surplus and sale of public
property. The public properties subject to surplus and
sale under this ordinance shall be subject to the following
conditions: :
(1) The Port of Seattle shall compensate the City
of Deg Moines for the strips of real public properties
legally described in this ordinance consistent with the
=~
terms of the Draft Second Addendum to the First
Development Agreement incorporated herein by this reference
Exhibit “B”, unless the terms of this
as agreement are
specifically directed to be modified by the City Manager
the direction of the City Council prior to the
and/or at
Port of Seattle and City of Des Moines executing this
agreement.
| | A
Version 2.6 (092310) Page 30
(2) The purchase of surplus public property under
this ordinance shall include ownership of all inactive and
non-functioning improvements to city streets, including but
not limited to, pavement and drainage systems. It is the
sole responsibility. of the purchaser to remove and properly
dispose of these inactive and non-functioning improvements.
(3) The City Manager is directed to finalize this
property surplus ordinance in accordance with the escrow
agreement.
(4) The Port of Seattle shall preserve public
access to the public trail located on abutting land owned
by the City. The Port shall provide access improvements
within the natural open space areas adjacent to the upper
critical area buffer asscciated with Des Moines Creek.
(5) The Port. of Seattle shall contact all utility
purveyors serving this site to identify and grant desired
easements, if any, for active and permanent utility systems
and improvements within property vacated under this
ordinance.-
(6) An easement is granted by the City of Des
~
Moines to the Highline Water District and its
successors and assigns for the operation, construction,
repair, and maintenance of existing underground public
water system improvements as. constructed across and through
the following described property:
© THAT PORTION OF THE SOUTHWEST QUARTER, SECTION
4, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING
COUNTY, INCLUDED WITHIN A STRIP OF ' LAND
DESCRIBED AS FOLLOWS:
THE NORTHERLY 20 FEET OF THE NORTH HALF OF
THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH 208™
STREET LYING WEST OF THE WESTERLY RIGHT OF
WAY MARGIN OF 24™ AVENUE SOUTH AND EASTERLY OF
THE SOUTHERLY EXTENSION OF THE WEST LINE OF
THE EAST 70 FEET OF LOT 9, PLAT OF MAYVALE NO.
2, AS RECORDED IN VOLUME 77 OF PLATS, PAGE 19,
RECORDS OF SAID COUNTY.
(7) An easement is granted by the City of Des
Moines to the Midway Sewer District and its
successors and assigns for the operation, construction,
repair,. and maintenance of "existing underground public
water system improvements as constructed across and through
the following described property:
Version 2.6 (092310) 31
THAT PORTION OF THE SOUTHWEST QUARTER, SECTION
4, TOWNSHIP 22 NORTH, RANGE 4 EAST AND THE
NORTHWEST QUARTER, SECTION 9, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., KING COUNTY,
INCLUDED WITHIN SIRIPS OF LAND DESCRIBED AS
FOLLOWS :
THE SOUTH 20 FEET OF THE NORTH 40 FEET OF THAT
60 FOOT WIDE RIGHT OF WAY FOR SOUTH 208™
STREET, LYING WEST OF THE NORTHERLY EXTENSION
OF THE WESTERLY RIGHT OF WAY. MARGIN OF 24™
AVENUE SOUTH AND EASTERLY OF THE SOUTHERLY
EXTENSION OF THE WEST RIGHT OF WAY MARGIN OF
22% AVENUE SOUTH; TOGETHER WITH
THE NORTH 25 FEET OF THE. SOUTH 30 OF THAT 60
FOOT WIDE RIGHT OF WAY FOR SOUTH 208™ STREET,
LYING EASTERLY OF THE SOUTHERLY EXTENSION OF
THE WEST RIGHT OF WAY MARGIN OF 22" AVENUE
SOUTH AND EAST OF THE NORTHERLY EXTENSION OF
THE EASTERLY RIGHT OF WAY MARGIN OF 21°T AVENUE
SOUTH; TOGETHER WITH
THE SOUTH 10 FEET OF THE NORTH 30 FEET OF THAT
60 FOOT WIDE RIGHT OF WAY FOR SOUTH 208™
STREET, LYING WEST OF THE NORTHERLY EXTENSION
OF THE EASTERLY RIGHT OF WAY MARGIN OF 21%
AVENUE SOUTH AND EASTERLY OF THE SOUTHERLY
EXTENSION OF THE WEST LINE OF THE EAST 70 FEET
OF LOT 9, PLAT OF MAYVALE NO. 2, AS RECORDED
IN VOLUME 77 OF PLATS, PAGE 19, RECORDS OF
SAID COUNTY; TOGETHER WITH
THE NORTH 10 FEET OF THE SOUTH 30 FEET OF THAT
© 60 FOOT WIDE RIGHT OF WAY FOR SOUTH 208™
STREET, LYING WEST OF THE NORTHERLY EXTENSION
OF THE EASTERLY RIGHT OF WAY MARGIN OF 21°7
AVENUE SOUTH AND EASTERLY OF THE WEST LINE OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
)
OF SAID SECTION 9.
Sec. 5. Severability - Construction.
(1) If a section, subsection, paragraph, sentence,
clause, or phrase of this ordinance is declared
unconstitutional or invalid for any reason by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance.
rare] I
Version 2.6 (092310) Page 32
(2) If the provisions of this ordinance are found to
be inconsistent with other provisions of the Des Moines
Municipal Code, this ordinance is deemed to control.
Sec. 6. Recordation. Upon satisfactory compliance
with section 4(4) of this Ordinance, the City Clerk shall
cause a certified copy of this Ordinance to be recorded in
the records of the King County Recorder.
Sec. 7. Effective date. This ordinance shall
~
take effect and be in full force thirty (30) days after its
passage, approval, and publication in accordance with law.
PASSED BY the City Council of the City of Des Moines
this th day of , 2010 and signed in
authentication thereof this th day of 2010.
,
MAYOR
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Published:
Effective Date:
Version 2.6 (092310) 33
Des Moines Creek Business Park
Streets By Dead
oF apSarandon 10,300 = wo Ordinance 10070
of & 1
pre Rave. Fuad Mam EXHIBIT A
|
Version 2.6 (092310) Page 34
SECOND ADDENDUM TO THE
FIRST DEVELOPMENT AGREEMENT
REGARDING COMPENSATION FOR
DEDICATED AND DEEDED RIGHTS OF WAY AND
PURCHASE OF RIGHT OF WAY FRONTAGE
Port of Seattle
Statutory Warranty Deed
EXHIBIT II
Version 2.6 (092310) 35
AfterRecording, Return to:
CITY OF DES MOINES
ATTN: CITY ATTORNEY
21630 11" Avenue South, Suite C
Des Moines, WA 98198-6398
STATUTORY WARRANTY DEED
Grantor: Port of Seattle
Grantee: City ofDes Moines
Abbreviated Legal: SW1/4, 04-22-04 and NW V4, 09-22-04
Tax Parcel Nos.: 232380-0085, 515360-0225, 515360-0165, 092204-9262,
092204-9263, 092204-9009, 232380-0075, 432520-0005,
092204 -9108, 5251200010
Project Parcel No: 68
THE GRANTOR, Port of Seattle, 2 Washington municipal corporation, for and
in consideration of TenDollars and other good and valuable consideration in hand paid,
conveys and warrants to the City of Des Moines, a Washington municipal corporation,
for the use of the public, the real property described and attached hereto as Exhibit A and
illustrated and attached hereto as Exhibit A-1, situated in City of Des Moines,
Washington.
Subject to the following exclusions from warranty:
All easements and encumbrances recorded in the records of King County,
Washington, including the easements and encumbrances identified in the attached Exhibit
5
DATED this dayof , 2010.
PORT OF SEATTLE
A Municipal Corporation
By:
Tay Yoshitani, Chief Executive
Officer
At the direction of the Port
Commissioners, Port of Seattle
taken at an open public meeting
onthe
~~ dayof
2010.
,
nanSnooth fe
Version 2.6 (092310) Page 36
APPROVED as to form only:
Soojin Kim, Senior Port Counsel
Port of Seattle
State of Washington )
~) ss.
" County of King )
This instrument was acknowledged before me on , 2010, by Tay
Yoshitani, as the Chief Executive Officer for the Port of Seattle, a municipal corporation,
on behalf of said corporation.
~
Notary Public in and for the State
of
Washington, residing at
Commission Expires:
[Seal}
ACCEPTED BY:
CITY OF DES MOINES
A Municipal Corporation
Anthony A. Piasecki, City Manager Date
At the direction of the Des Moines City
Council taken at open public meeting the
day of 2010.
,
APPROVED as to form only:
Pat Bosmans, City Attorney Date
Version 2.6 (092310) 37
EXHIBITA
PORT OFSEATTLE
Tax Parcel No.: 232380-0085, §15360-0225, 515360-0165, 092204-9262,
092204-9263, 092204-9009, 232380-0075, 432520-0005, 092204 -9108,
525120-0010
RIGHT OF WAY TAKE
THAT PORTION OF THE SOUTHWESTQUARTER OF SECTION 4AND THE NORTHWESTQUARTER OF
SECTION 9, ALL IN TOWNSHIP 22NORTH, RANGE 4 EAST, W.M,, KING COUNTY, WASHINGTON,
DESCRIBEDAS FOLLOWS:
BEGINNINGATAMONUMENT IN CASEAT THENORTHEASTCORNER OFSAID NORTHWEST
QUARTER, ALSO BEING THE INTERSECTION OF24TH AVENUE SOUTHAND SOUTH208TH STREET;
THENCENORTH 88° 26’ 01" WEST ALONG THENORTH LINE OF SAID NORTHWEST QUARTER, 30.00
FEET TO THE NORTHERLY EXTENSIONOFA LINE THATIS 30.00 FEET WEST OFAND PARALLEL
WITH THE EAST LINE OF SAID NORTHWEST QUARTER (SAID EAST LINEALSO BEING THE
CENTERLINE OF24THAVENUE SOUTH), AND THE TRUE POINT OF BEGINNING;
THENGENORTH 07° 06" 35" EASTALONG SAID NORTHERLY EXTENSION, 30.00 FEET TO A LINE THAT
1S 30.00 FEETNORTH OFAND PARALLEL WITH THENORTH LINE OF SAID NORTHWEST QUARTER;
THENCENORTH 88° 26’ 01” WEST ALONG SAID PARALLEL LINE, 87,50 FEET TQ THENORTHERLY
EXTENSION OFA LINE THAT I8 87.50 FEET WESTOFAND PARALLEL WITH THE EAST LINE OF SAID
NORTHWESTQUARTER (SAID EASTLINEALSO BEING THE CENTERLINE OF24THAVENUE SOUTH);
THENCE SOUTH 01° 06’ 35" WEST ALONG SAID NORTHERLYEXTENSIONANDALONG SAID
PARALLEL LINE, 1761.88 FEET;
THENCE SOUTHERLYONA CURVE TO THE LEFT WHOSECENTER BEARS SOUTH 88° 53' 25° EAST,
6049.50 FEET, ANARC DISTANCE OF226.76 FEET:
THENGE SOUTH 01° 02' 16” EAST, 256.41 FEET;
THENCESOUTHERLYONACURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 88° 57° 44” WEST,
5850.50 FEET, ANARC DISTANCE OF223.04 FEETTO A LINE THAT 1S 49.60FEET WESTOF AND
PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER (SAID EAST LINEALSO BEING THE
CENTERLINE OF 24THAVENUESOUTH);
THENCE SQUTH 01° 06°35" WEST ALONG SAID PARALLEL LINE, 119.10 FEET:
THENCESQUTH 46°26’ 19" WEST, 42.84 FEET TO A LINE THAT18 63.50FEETNORTH OFAND
PARALLEL WITH THE SOUTH LINE OFSAIDNORTHWESTQUARTER (SAID SOUTH LINEALSO BEING
THE CENTERLINE OF SOUTH 210TH STREET);
THENCENORTH 98° 15' 56" WEST ALONG SAID PARALLEL LINE, 1172,31 FEET:
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TACOMA: SEATTLE
Version 2.6 (092310) Page 38
|
THENCENORTH 01° 18’ 27° EAST, 2.00 FEETTOA LINE THAT18 65.50 FEETNORTH OFAND
PARALLEL WITH THESOUTH LINE OF SAID NORTHWEST QUARTER (SAID SQUTH LINEALSO BEING
THE CENTERLINE OFSOUTH 216TH STREET);
THENCENORTH 88° 15° 56" WESTALONG SAID PARALLEL LINE, 1.00 FEET;
THENCENORTHWESTERLY ONA CURVE TO THERIGHT WHOSE CENTER BEARS NORTH 01° 44’ 04"
EAST, 19.50 FEET, ANARCDISTANCEOF 30.49 FEET;
THENCENORTH 01° 18' 27" EAST, 17.04 FEET;
THENCENORTH 88° 41' 33" WEST, 39.36 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER
OF SAID NORTHWEST QUARTER;
THENCESOUTH 01° 08' 10°WEST ALONG SAID WEST LINE, 71.60 FEET TO POINT "A", SAID POINT "4"
ONA LINE THAT IS 30.00FEET NORTH OFAND PARALLEL WITH THE SOUTH LINE OF SAID
NORTHWEST QUARTER (SAID SOUTH LINEALSO BEING THE CENTERLINE OFSOUTH 216TH
STREET);
THENCESOUTH 88° 15' 56” EASTALONG SAID PARALLEL LINE, 1201.85 FEETTOA LINE THAT I$
30.00 FEET WESTOFAND PARALLEL WITH THE EAST LINE OFSAID NORTHWEST QUARTER (SAID
EASTLineALSO BEING THE CENTERLINE OF24THAVENUE SOUTH);
THENCENORTH 01° 06' 35” EASTALONG SAID PARALLEL LINE, 2609.79 FEET TO THE TRUE POINT
OFBEGINNING.
CONTAINING 183,743 SQUAREFEET, MORE OR LESS.
TOGETHER WITH THATPORTION OF THENORTHWESTQUARTER OFSECTION9, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNINGATSAID POINT “A”;
THENCENORTH 88° 15' 56" WESTALONG A LINE THAT IS 30.00FEETNORTHOFAND PARALLEL
WITH THESOUTH LINE OF SAID NORTIIWESTQUARTER (SAID SOUTH LINEALSO BEING THE
CENTERLINE OF SOUTH 216THSTREFT), 50.00 FEET TO THE TRUE POINTOF BEGINNING;
THENCE NORTH 83° 48'36" WESTALONQ THAT CERTAIN LINEAS DESCRIBED IN DEED RECORDED
UNDER RECORDING NUMBER 7201180290, RECORDS OF KING COUNTY, WASHINGTONAND ALONG
THAT CERTAIN LINEAS DESCRIBED IN EXHIBIT "A" OF STIPULATED JUDGMENTAND DECREE OF
APPROPRIATIONAS TO ITEMNO. 3, KING COUNTY SUPERIOR COURTCAUSENUMBER 753046, A
DISTANCE OF257,45 FEETTOANANGLE POINTIN SAID LINEAS DESCRIBED IN SAID EXHIBIT “A
THENCE NORTH 10° 57' 47" WEST ALONG SAID LINEAS DESCRIBED IN SAID EXHIBIT *A", A
DISTANCE OF 1,564 FEET TO A LINE THATIS 61.50 FEETNORTH OFAND PARALLEL WITH THESOUTH
LINE OF SAID NORTHWESTQUARTER (SAID SOUTH LINEALSO BEING THE CENTERLINE OF SOUTH
216TH STREET);
THENCE SOUTH 88° 15’66" EAST ALONQ SAID PARALLEL LINE, 241.31 FEET;
Port row - 68.doc Page 2of4
KPG
TACOMA: SEATTLE
Version 2.6 (092310) 39
THENCENORTH 01° 18'27" EAST, 2.00 FEETTOA LINE THATIS 63,50 FEETNORTH OFAND
PARALLEL WITH THE SOUTH LINE OFSAIDNORTHWESTQUARTER (SAID SOUTH LINEALSO BEING
THE CENTERLINEOFSOUTH 216TH STREET);
THENCESOUTH 88° 16' 66”EASTALONG SAID PARALLEL LINE, 1.00 FEET;
THENCENORTHEASTERLY ONA CURVE TO THELEFT WHOSE CENTERBEARS NORTH 01° 44' 04"
EAST, 19.50 FEET, AN ARC DISTANCE OF 16.18 FEET TOALINE THAT18 30.00 FEET WESTOFAND
PARALLEL WITH THE WESTLINE OF THE SOUTHEAST QUARTER OFSAIDNORTHWEST QUARTER;
THENGESOUTH 01° 06' 10" WEST ALONG SAID PARALLEL LINE, 29.84 FEET TO THE TRUE POINTOF
BEGINNING.
CONTAINING 3,009 SQUARE FEET, MOREOR LESS,
EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER, SECTION 4, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., KING COUNTY, INCLUDED WITHIN A STRIP OF LAND
DESCRIBED AS FOLLOWS:
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR THE NORTH HALF OF SOUTH 208™
STRERT, LYING WEST OF A LINE THAT IS 30.00 PERT WEST OF AND PARALLEL WITH
THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION ¢, TOWNSHIP 22 NORTH,
RANGE 4 EAST, W.M, AND ITS NORTHERLY EXTENSION {SAID EAST LINE ALSO BEING
THE CENTERLINE OF 24™ AVENUE SOUTH) AND LYING EAST OF THE NORTH-SOUTH
CENTERLINE OF SAID SOUTHWEST QUARTER,
CONTAINING 1,125 SQUARE FEET, MORE OR LESS,
AND EXCEPT THAT PORTION OF THE NORTHWEST QUARTER, SECTION 9, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M,, KING COUNTY, WASHINGTON, INCLUDED WITHIN
STRIPS OF LAND DESCRIBED AS FOLLOWS: :
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR THE SOUTH HALF OF SOUTH 208™
STREET, LYING WEST OF A LINE THAT IS 30,00 FEET WEST OF AND PARALLEL WITH
THE RAST LINE OF BAID NORTHWEST QUARTER AND ITS NORTHERLY EXTENSION (SAID
FAST LINE ALSO BEING THE CENTERLINE OF 24™ AVENUE SOUTH) AND LYING EAST
OF THE NORTH-SOUTH CENTERLINE OF SAID NORTHWEST QUARTER.
CONTAINING 1,125 SQUARE PEET, MORE OR LESS,
ALL THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH 210™ STREET, LYING WEST OF
THE WESTERLY RIGHT OF WAY MARGIN OF 24™ AVENUE SOUTH AND LYING EAST OF
THE NORTH-SOUTH CENTERLINE OF SAID NORTHWEST QUARTER.
CONTAINING 2,250 SQUARE FEET, MORE OR LESS.
Port row - 68.doc Page 8of4
TACOMA" SEATTLE
I nam mn
Version 2.6 {092310) Page 40
ALL THAT 60 FOOT WIDE RIGHT OF WAY POR SOUTH 212™ STREET, LYING WEST OF
THE WESTERLY RIGHT OF WAY MARGIN OF 24™ AVENUE SOUTH AND LYING EAST OF
THE NORTH-SOUTH CENTERLINE OF SAXD NORTHWEST QUARTER,
CONTAINING 2,250 SQUARE FEET, MORE OR LESS,
ALY THAT 30 FOOT WIDE RIGHT OF WAY FOR SOUTH 214™ STRERT, LYING EAST OF
THE SOUTHERLY EXTENSION OF THE BAST LINE OF LOT 7, PLAT OF LINDA LOU AS
RECORDED IN VOLUME S7 OF PLATS, PAGE 54, RECORDS OF SAID COUNTY AND LYING
WEST OF THE WESTERLY RIGHT OF WAY MARGIN OF 24™ AVENUE SOUTH,
CONTAXNING 946 SQUARE FEET, MORE QR LESS.
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR 22'" AVENUE SOUTH, LYING SOUTH OF
THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 214™ STREET AND LYING NORTH
OF THE NORTHERLY RIGHT OF WAY MARGIN OF SQUTH 216™ STREET.
CONTAINING 1,005 SQUARE FEET, MORE OR LESS. :
. i
ALY, THAT 60 FOOT WIDE RIGHT OF. WAY FOR 21%" AVENUE BOUTH, LYING SOUTH OF
THE SOUTHERLY RIGHT OF WAY MARGIN OF SOUTH 212% STREET AND LYING NORYH ‘
OF THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 216™ STREET, EXCEPT ALL
THAT 60 FOOT WIDE RIGHT OF WAY FOR SOUTH 214™ STREET,
CONTAINING 2,010 SQUARE FEET, MORE OR LESS.
ALL THAT 30 FOOT WIDE RIGHT OF WAY FOR 207 AVENUE SOUTH, LYING SOUTH OF
THE ERSTERLY EXTENSION OF THE SOUTH LINE OF KING COUNTY SHORT PLAT NO.
978032, AS RECORDED UNDER RECORDING NO. 8008270713, RECORDS OF SAID
COUNTY AND LYING NORTH OF THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH
216™ STREET. -
CONTAINING 2,152 SQUARE FEET, MORE OR LESS.
TOTAL RIGHTOF WAY TAKE CONTAINING 123,869 SQUARE FEET, MORE OR LESS.
Port row - 68.doc Page dof4
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TACOMA: SEATTLE
Version 2.6 (092310) 41
SW 1/4 SEC. 4 T. 22 N, R. 4 E, WM.
N882601"yy S. 206th ST. 30.00
Tr et
— se
NW 1/8 SEC. 8 T. 22 N, R. 4E, WH. “-N. LNE pos.
rw
a ay NW 1/4
—n MON. IN
- ~~.
CASE ,
- 525120-0010 © 67.50"
\ 092204-9009 ROW TAKE ‘
22,497 SF.
ROW TAKE
3,000 SF
SRE 5. 210th 5,
AL ___
TPOB.S Domnome
. — “pot”
|
30.00'
~N
Sseeo_ DETAL _.o”Sa ’ ROW TAKE
———et 22497 SF
£
092204--9108
TOTAL ROY TAKE CONTAINING
123,889 SF. (2.84 ACL) 0106735"
————— N
= ~~ 44
|
W, LINE——v-
SE 1/4
432520-0005
NW 1/4
i “Ls 2am st
AVE u,a 4 oom
2 <
20th 3 ROW TAKE
N 2
§ 23,151 SF.t
IS, 214th ST.
ee
-_—
0922049263 © ——-—— !
—— ry
TT
515360 11" 515360
(92204-9262 0165| 0225 2303600075
ROW TAKE ——
ROW 35,512 SF
ao
8,346 8877 rye
§ SF '| Ski 220
SEE DETAIL ~0085
A-——Sa & | 63.50" , 49.50"
f
0-5. 881556" £ \ NCI ANTINTERTRTR
MON. IN
CASE
POINT "A \. S. 216th ST, IN 5 —-
1 ’
sso LINE T MON. IN
NW 1/4 | CASE
APRIL 15, 2010 Proj. Parcel No. 68 ACAD No, Port property
EXHIBIT A-1
Atoblleriuze PORT OF SEATILE RIGHT OF WAY TAKE
Latdacipe Archlteciurs
(teil ¥pyinesring S. 216th STREET, SEGMENT 2 IMPROVEMENTS AND
Vikan Paalgo 24th AVENUE S, IMPROVEMENTS, CITY OF DES MOINES, WA
SECOND ADDENDUM TO THE
FIRST DEVELOPMENT AGREEMENT
REGARDING COMPENSATION FOR
:
DEDICATED AND DEEDED RIGHTS OF WAY AND
PURCHASE OF RIGHT OF WAY FRONTAGE
Port of Seattle
Slope and Utility Easement
EXHIBIT IV
43
Version 2.6 (092310)
After Recording, Return to:
CITY OF DES MOINES
ATTN: CITY Al |ORNEY
21630 11" Avenue South
Des Moines, WA 98198-6398
SLOPE AND UTILITY EASEMENT
Grantor: Port of Seattle
Grantee: City of Des Moines, Washington
Abbreviated Legal: SW1/4, 04-22-04 and NW %, 09-22-04
Tax Parcel No.: 232380-0085, 515360-0225, 515360-0165, 092204-9262,
092204-9263, 092204-9009, 232380-0075, 432520-0005, 082204 -9108,
525120-0010
Project Parcel No: 68
THIS EASEMENT AGREEMENT, made this day of
and between The Port of Seattle, a Washington
, 2010, by
municipal corporation, (“Grantor” herein), and the’ CITY OF DES MOINES, a
municipal corporation of the State of Washington, (“Grantee” herein),
WITNESSETH:
1. Grant of Easement. The Grantor, for and in consideration of valuable
mutual benefits and in further consideration of the general public purpose
and welfare, hereby grants and conveys to the Grantee, for the purposes
set forth herein, a non-exclusive perpetual easement for the placement of
public and private utility equipment, and for constructing and maintaining
roadway walls and slopes in excavation and/or embankment (“Easement”
herein) over, under, along, across, and through the following described
real property (‘Easement Area” herein) in King County, Washington.
. Property Subject to Easement.
a. Property Description. The Property subject to this Easement is
legally described in Exhibit “A”, attached hereto and incorporated
by reference.
b. Easement Areas. Except as is otherwise set forth herein,
Grantee's rights shall be exercised only upon that portion of the
Property legally described in Exhibit “A-1" (“Easement Areas”
herein) attached hereto and incorporated by reference.
Purpose. Grantee shall have the right to construct, operate, maintain,
repair, replace, improve, remove, and enlarge walls and/or slopes in
excavation and/or embankment, and other associated features within the
Easement Areas for the purpose constructing and maintaining roadway
side slopes. Grantee shall also have the right to construct, operate,
EO| In I
Version 2.6 (092310) Page 44
maintain, repair, replace, improve, remove, and enlarge utility structures
and associated features within the Easement Areas for the purpose. of
constructing and maintaining utilities. Such utilities may include, but is not
limited to:
Utility Features.
Above and below ground handholes, conduits, vaults, switches,
pedestals, transformers, fire hydrants, fire hydrant connections,
water meters, valves, and all other facilities and/or appurtenances
necessary and/or convenient to any and/or all of the forgoing.
Following the initial construction of all and/or a portion of its utility
features, Grantee may, from time to time, construct such additional
facilities as it may require for such utility features.
4. Access. Grantee shall have the right of access to the Easement Areas
over and across the Property to enable Grantee to exercise its rights
hereunder. Grantee shall compensate Grantor for any damage to the
Property caused by the exercise of such right of access by Grantee.
5. Easement Areas Clearing and Maintenance. Grantee shall have the
right to cut, remove and dispose of any and all brush, trees or other
vegetation in the Easement Areas. Grantee shall also have the right 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 Areas.
6. Grantor's Use of Easement Areas. Grantor reserves the right to use the
Easement Areas for any purpose so long as the use does not interfere
with the easement rights herein granted. Grantor may install groundcover
and shrub landscaping plantings within the Easement Areas with
Grantee's prior written consent. Grantor shall not alter the ground surface
and subsurface within the Easement Areas by excavation, placement of fill
material, or installation of any wall or rockery, without Grantee's prior
written consent. Grantee's prior written consent, where required, shall not
be unreasonably withheld. Graritor shall not construct or maintain any
buildings within the Easement Areas.
7. Indemnity. Grantee agrees to indemnify Grantor from and against liability
incurred by Grantor as a result of Grantee's negligence in the exercise of
the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability
attributable to the negligence of Grantor or the negligence of others.
8. Covenant Running With the Land. This Easement shall be a covenant
running with the land and shall forever bind Grantors, their heirs,
successors, and assigns.
Version 2.6 (092310) 45
9. Assignment. Grantee shall have the right to assign this Easement to
franchised utilities in the event that Grantee needs to request
undergrounding of overhead lines; provided, however, the obligations of
this Easement shall be assumed by assignee.
Grantor acknowledges that the property and/or property rights conveyed herein
are in consideration of a mutual benefit to be derived; and Grantors has been
informed of its right to receive just compensation and have waived said rights. ..
The lands herein described can be found in design plans on file with the Director
of the City of Des Moines Public Works in Des Moines, Washington, CIP Road
Project 319.333.000.595.20.61.00 S. 216™ Street Improvement, Segment 2, and
CITY CIP Road Project CIP 319.131.000.595.20.61.0, 24" Avenue S.
Improvements.
DATED this day of , 2010.
GRANTOR:
PORT OF SEATTLE, :
a Washington municipal corporation
By: Tay Yoshitani, Chief Executive Officer Date:
At the direction of the Port Commissioners, Port of Seattle
taken at an open public meeting on the day of , 2010
GRANTEE:
CITY OF DES MOINES,
a Washington municipal corporation
By: Anthony Piasecki, City Manager Date:
At the direction of the Des Moines City Council taken at open public meeting the
day of , 2010.
Version 2.6 (092310) Page 46
|
APPROVED as to form only:
Pat Bosmans, City Attorney Date
State of Washington
_
County of King
This instrument was acknowledged before me on (date of
acknowledgment) by Tay Yoshitani (name of person who signed the
agreement), as CEO (title of officer), of the Port of Seattle (name of municipal
corporation), a Washington municipal corporation, on behalf of said corporation.
(Notary's stamp here) (Notary's signature)
Notary Public in and for the State of
Washington
State of Washington
County of King
This instrument was acknowledged before me on (date of
acknowledgment) by (name of person who
sighed the :
.
agreement), as (title of officer),
of (name of municipal corporation), a
Washington municipal corporation, on behalf of said corporation.
(Notary's stamp here) (Notary’s signature)
‘Notary Public in and for the State of
Washington
Version 2.6 (092310) 47
EXHIBITA
PORTOFSEATTLE
Tax Parcel No.: 232380-0085, 515360-0225, 5153600165, 092204-9262,
092204-9263, 092204-9008, 232380-0075, 432520-0005, 092204 -9108,
525120-0010
SLOPE AND UTILITY EASEMENT
THAT PORTION OF THE SOUTHWESTQUARTER OFSECTION 4 AND THE NORTHWEST QUARTER OF
SECTION 9, ALL IN TOWNSHIP22 NORTH, RANGE 4 EAST, W.M,, KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING ATA MONUMENTINCASEAT THENORTHEASTCORNER OF SAID NORTHWEST
QUARTER, ALSO BEING THE INTERSECTIONOF24THAVENUE SOUTHAND SOUTH208TH STREET;
THENCENORTH 88° 26'01"WESTALONG THENORTH LINE OF SAID NORTHWEST QUARTER, 67.50
FEET TO THENORTHERLYEXTENSION OFA LINE THAT IS 67.50 FEET WESTOFAND PARALLEL
WITH THE EAST LINE OFSAID NORTHWESTQUARTER (SAID EASTLINEALSO BEING THE
CENTERLINE OF 24THAVENUE SOUTH), AND THE TRUE POINTOFBEGINNING;
THENCE NORTH 01° 06' 35" EASTALONG SAID NORTHERLY EXT.ENSION, 30.00 FEET TOA LINE THAT
18 80.00 FEETNORTH OFAND PARALLEL WITH THENORTH LINEOF SAID NORTHWEST QUARTER;
THENCE NORTH 88° 26° 01" WEST ALONG SAID PARALLEL LINE, 9.00 FEET TQ THE NORTHERLY
EXTENSION OFA LINE THATIS 76.50 FEET WEST OFAND PARALLEL WITH THE EAST LINEOF SAID
NORTHWEST QUARTER (SAID EAST LINEALSO BEING THE CENTERLINE OF24THAVENUE SOUTH);
THENCESOUTH 01° 06' 35" WEST ALONG SAID NORTHERLY EXTENSIONANDALONG SAID
PARALLEL LINE, 1751.95 FEET;
THENCE SOUTHERLYONA CURVE TO THE LEFT WHOSECENTER BEARS SOUTH86° 63'25" EAST,
6058.50 FEET, AN ARC DISTANCE OF227.09 FEET;
THENCE SOUTH 01° 02' 16” EAST, 255.41 FEET;
THENCESOUTHERLY ONA CURVE TO THERIGHT WHOSEGENTERBEARS SOUTH 88° 57' 44" WEST,
5941.50 FEET, AN ARC DISTANCE OF222.71 FEET TO A LINE THAT 18 58.50 FEET WEST OFAND
PARALLEL WITH THE EAST LINE OF SAIDNORTHWESTQUARTER (SAID EAST LINEALSO BEING THE
CENTERLINE OF24THAVENUE SOUTH);
THENCE SOUTH 01° 06'35" WESTALONG SAID PARALLEL LINE, 118.16 FEET;
THENCESOUTH 46°25" 19" WEST, 34.19 FEET TO A LINE THAT IS 70.50 FEETNORTH OFAND
PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER (SAID SOUTH LINEALSO BEING
THE CENTERLINE OFSOUTH216TH STREET);
THENCENORTH 88° 15’ 66" WEST ALONG SAID PARALLEL LINE, 1169.40 FEET;
THENCENORTHWESTERLY ONA CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 01°44! 04"
EAST, 13.50 FEET, AN ARC DISTANCE OF21.11 FEET;
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THENCE NORTH 01° 18 27" EAST, 45.44 FEET;
THENCENORTH 86° 41’ 33° WEST, 46.46 FEET TO THE WESTLINEOF THE SOUTHEAST QUARTER
OF SAID NORTHWESTQUARTER;
THENCESOUTH 01° 06' 10" WEST ALONG SAID WESTLINE, 27.40 FEET TO POINT ‘AT
THENCE SOUTH 88° 41'33"EAST, 39.36 FEET;
THENCESOUTH ore 18'27" WEST, 17.04 FEET;
THENCE SOUTHEASTERLYON A CURVE TO THE LEFT WHOSECENTERBEARS SOUTH 88° 41"33"
EAST, 19.50 FEET, AN ARC DISTANCE OF30.49 FEET TOA LINE THAT IS 65.50 FEETNORTH OFAND
PARALLEL WITH THE SOUTH LINE OFSAID NORTHWEST QUARTER (SAID SOUTH LINEALSO BEING
THE CENTERLINE OF SOUTH 216TH STREET);
THENCE SOUTH 88° 15'56* EAST ALONG SAID PARALLEL LINE, 1.00 FEET;
THENCESOUTH 01° 18'27" WEST, 2.00 FEETTOA LINE THATIS 63.50 FEETNORTH OFAND
PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER (SAID SOUTH LINEALSO BEING
THE CENTERLINE OF SOUTH216TH STREET);
THENCESOUTH 88° 15’ 66”EASTALONG SAID PARALLEL LINE, 1172.31 FEET;
THENCENORTH 46°25' 19° FAST, 42.84 FEET TO A LINE THAT IS 49.50 FEET WESTOFAND
PARALLEL WITH THE EAST LINE OFSAID NORTHWEST QUARTER (SAID EAST LINE ALSO BEING THE
CENTERLINE OF24THAVENUE SOUTH);
THENCENORTH 01° 06" 35"EAST ALONG SAID PARALLEL LINE, 119,10 FEET;
THENCE NORTHERLY ONA CURVE TO THE LEFT WHOSE CENTER BEARSNORTH 88° 53' 26" WEST,
6950.50 FEET, AN ARC DISTANCE OF223.04 FEET;
THENCE NORTH 01°02" 16" WEST, 265.41 FEET;
THENCE NORTHERLY ON A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 80° 5744” EAST,
6049.50 FEET, ANARC DISTANCE OF226.75 FEETTO ALINE THAT IS 67.60FEET WEST OFAND
PARALLEL WITH THEEAST LINE OF SAID NORTHWESTQUARTER (SAID EAST LINE ALSO BEING THE
CENTERLINE OF24TH AVENUE SOUTH
THENCE NORTH 01° 08'35” EASTALONG SAID PARALLEL LINEAND ALONG ITS NORTHERLY
EXTENSION, 1721.88 FEET TO THE TRUE POINTOFBEGINNING,
CONTAINING 33,169 SQUARE FEET, MOREOR LESS,
TOGETHER WITH THATPORTION OF THE NORTHWEST QUARTER OFSECTION 9, TOWNSHIP 22
NORTH, RANGE 4 EAST, WM, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT “A’;
Port est - 68.doo Page 20f3
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49
Version 2.6 (092310)
THENCESOUTH 01° 06' 10" WESTALONG THE WEST LINE OF THE SOUTHEASTQUARTER OF SAID
NORTHWESTQUARTER, 71.60 FEETTOA LINE THATIS 80.00 FEETNORTH OFAND PARALLEL WITH
THE SOUTH LINE OF SAID NORTHWEST QUARTER (SAID SOUTH LINEALSO BEING THE
CENTERLINE OFSOUTH 216TH STREET);
THENCENORTH88° 15"56" WESTALONG SAID PARALLEL LINE, 30.00 FEET;
THENCENORTH B3® 48'36" WESTALONG THATCERTAIN LINEAS DESCRIBED IN DEED RECORDED
UNDER RECORDING NUMBER 7201180290, RECORDS OF(ING COUNTY, WASHINGTONANDALONG
THATCERTAIN LINEAS DESCRIBED IN EXHIBIT “A” OF STIPULATED JUDGMENTAND DECREE OF
APPROPRIATIONAS TO ITEMNO. 3, KING COUNTY SUPERIOR COURT CAUSE NUMBER 753046, A
DISTANCE OF257.45 FEET TOANANGLE POINTIN SAID LINEAS DESCRIBED IN SAID EXHIBIT “A™
THENGE NORTH 10° 57' 47" WESTALONG SAID LINEAS DESCRIBED IN SAID EXHIBIT “A”A
DISTANGE OF 1.64 FEET TO A LINE THAT15 51,50 FEETNORTH OFAND PARALLEL WITH THESOUTH
LINE OF SAID NORTHWESTQUARTER (SAID SOUTH LINEALSO BEING THECENTERLINE OF SOUTH
216TH STREET) AND THE TRUE POINT OFBEGINNING;
THENCE CONTINUING NORTH 10°57" 47” WESTALONG SAID LINEAS DESCRIBED IN SAID EXHIBIT
‘A’, A DISTANCE OF 3.08 FEET TOA LINE THAT18 4,60 FEETNOATH OFAND PARALLEL WITH THE
SOUTH LINEOF SAID NORTHWEST QUARTER (SAID SOUTH LINEALSO BEING THE CENTERLINE OF
SOUTH216TH STREET);
THENGE SOUTH 88° 15'56" EAST ALONG SAID PARALLEL LINE, 228.91 FEET; i
THENCENORTHEASTERLY ONA CURVE TOTHE LEFT WHOSE CENTER BEARS NORTH 01° 44' 04
EAST, 26.50 FEET, AN ARG DISTANGE OF41.82 FEET;
THENCENORTH 01° 18'27” EAST, 47.56 FEET:
THENCE SQUTH 88°41' 33"EAST, 1.54 FEET TO A LINE THAT 18 30,00 FEETWESTOFAND PARALLEL
WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER;
THENCESOUTH 01°06’ 10" WESTALONG SAID PARALLEL LINE, 68.94 FEET:
THENCESOUTHWESTERLYONA GURVE TO THE RIGHT WHOSECENTER BEARS NORTH 45° 47' 45"
WEST, 19,50 FEET, AN ARC DISTANCEOF 16.18 FEET TO A LINE THATIS 53.50 FEET NORTH OFAND
PARALLEL WITH THESOUTH LINE OFSAIDNORTHWESTQUARTER (SAID SOUTH LINEALSO BEING
THE CENTERLINE OF SOUTH216TH STREET);
THENCE NORTH 88° 16" 56" WESTALONG SAID PARALLEL LINE; 1.00 FEET;
THENCE SOUTH 01° 18'27" WEST, 2.00 FEET TO A LINE THAT IS 51.50 FEETNORTH OFAND
PARALLEL WITH THE SOUTH LINE OFSAID NORTHWEST QUARTER (SAID SOUTH LINEALSOgos
THE CENTERLINE OFSOUTH216TH STREET);
THENCE NORTH 88° 15°66" WEST ALONG SAID PARALLEL LINE,
241,81 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 990 SQUARE FEET, MORE OR LESS. o.
TOTAL AREA CONTAINING 34,189 SQUARE FEET, MORE OR 5s)
Port smi» 66.doc Pago 30/3
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Version 2.6 (092310) Page 50
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APRIL 18, 2010 Pro}. Parcel No. 68 ACAD No, Port easement
KPC : EXHIBIT A-1
wai PORT OF SEATTLE SLOPE AND UTILITY EASEMENT
cin Egiaverag S. 216th STREET, SEGMENT 2 IMPROVEMENTS AND
Vebsa Doin 24th AVENUE S. IMPROVEMENTS, CITY OF DES MOINES, WA
Version 2.6 (092310) : 51
SECOND ADDENDUM TO THE
FIRST DEVELOPMENT AGREEMENT
REGARDING COMPENSATION FOR
DEDICATED AND DEEDED RIGHTSOF WAY AND
PURCHASE OF RIGHT OF WAY FRONTAGE
Port of Seattle
Temporary Construction License
EXHIBIT V
Version 2.6 (092310) Page 52
Return Address:
City of Des Moines
Attn: City Attorney
21630 11" Avenue So.
Des Moines, WA 98198-6398
“TEMPORARY CONSTRUCTION LICENSE AGREEMENT
SOUTH 216™ STREET IMPROVEMENT (19 Ave S. to 24" Ave S.) and
24%" AVENUE SOUTH IMPROVEMENTS (S. 216" St to S. 208" St.)
In consideration of the transportation, sidewalk, utility and general aesthetic
improvements planned to occur immediately adjacent to property that is subject
to this license as a result of the above S. 216" Street and 24" Avenue S.
Improvements (collectively, the “Mutual Benefits”), the Port of Seattle, a
Washington municipal corporation (“Grantor”) hereby grants to the City of Des
Moines, a Washington municipal corporation (“Grantee”), its contractors,
employees, agents, successors and assigns, the right to enter upon land known
as King County Assessor's Parcel Numbers 232380-0085, 515360-0225,
515360-0165, 092204-9262, 092204-9263, 092204-9009, 232380-0075, 432520-
0005, 092204 -9108, and 525120-0010 located adjacent to 24" Avenue S and S.
216" Street Des Moines, WA 98198, as required for the purpose of placing
personnel and equipment on said premises to re-construct driveway access,
restore fences, utility services, mailboxes, plantings, walls and/or walkways to
match newly constructed roadway and sidewalk grades within right of way as
shown in the plans and specifications found on file in the Public Works
Department.
SPECIAL STIPULATIONS
1. The City of Des Moines agrees, to the extent practicable, to leave the
property in as good condition as existed on the day construction commenced.
This shall include the timely removal of any and all debris, rubbish or
combustible material resulting from construction activities.
2. Construction may include, but is not limited to, removal and installation of
drainage structures on the alignment of S. 210" Street and/or S. 208" Street
as provided in the final plans and specifications for the Transportation
Gateway Project 24" Avenue S Improvements. These streets are being
vacated by Grantee to Grantor and, following final acceptance from the
contractor, the above-referenced drainage structures located outside the right
of way and on Grantor's property will become the property of the Grantor who
will be responsible for. ongoing ownership, operation, maintenance,
replacement and/or improvement of these facilities at no cost to Grantee.
Version 2.6 (092310) 53
3. This license shall remain in force during construction and until such time as
the street improvements have been accepted for operation and maintenance
by the City of Des Moines, or until December 31, 2012, whichever is later.
Specific details concerning the public street improvements may be found on
maps, plans, and specifications on file in Grantee's Public Works Department.
4. Grantee, its agents and assigns, will notify Grantor of its construction
schedule, and will, to the greatest extent practicable, schedule the
construction activity so as to minimize any inconvenience to the property.
5. Grantor authorizes and appoints Grantee as its agent and attorney-in-fact to
make application for any and all permits required to complete the project.
6. The rights herein granted shall include all incidental rights, including but not
limited to, rights of ingress and egress necessary to properly perform the work
indicated for construction of the project. Grantee and those entitled to
exercise the rights granted herein shall exercise all due diligence in their
activities upon the property. Grantee hereby agrees to indemnify and hold
harmless Grantor against and from any and all liability for losses, damages
and expenses on account of damage to property or injury to persons resulting
from or arising out of the rights herein granted to Grantee and/or its
contractors, employees, agents, successors or assigns.
Signed and approved this day of , 2010.
GRANTOR:
PORT OF SEATTLE
By:
(Signature)
Name:
its:
1
aTT
Version 2.6 (092310)
} Page 5
Mailing Address:
Port of Seattle
P.O. Box 1209-
Seattle, WA 98111
Contact Person: Mark Griffin
Phone Number: (206) 787-3726 (day); (evenings)
Version 2.6 (092310) 55
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