Item 5e Exhibit A

Exhibit A 
Easement Document 
Document Title:     Permanent Limited Sign and Electric Power Utility and Communications Conduit
Easement and Temporary Construction Easement
Grantor:          Port of Seattle, a Washington Corporation
Grantee:          City of Seattle, a Washington Municipal Corporation
Abbreviated legal description: Ptn Lots 16-20, Ptn Lots 12-15, Ptn Lots 16-17, Block 426,         Seattle
Tide Lands
Additional legal description is on Pages 8, 9 and 10 of document
Assessor's Tax Parcel Number(s) 766670-5022, 766670-5045, 766670-5020, 766670-5040
CITY OF SEATTLE
PERMANENT LIMITED SIGN AND ELECTRIC POWER UTILITY AND COMMUNICATIONS
CONDUIT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT 
For and in consideration of the public good, mutual benefits to the parties and other valuable consideration, the
PORT OF SEATTLE, a Washington corporation ("Grantor" herein) hereby conveys and warrants to the CITY
OF SEATTLE, a Washington municipal corporation of the State of Washington ("Grantee" herein) for the
purposes hereinafter set forth, a permanent limited sign, electric power utility and communications conduit
easement and temporary construction easement over, under, along, across and throughout the following described
real property ("Property" herein) in King County, Washington.
LEGAL DESCRIPTION OF THE FOUR TAX PARCELS IS ATTACHED AS EXHIBIT A WHICH BY
REFERENCE IS MADE A PART OF THIS PERMANENT LIMITED SIGN AND ELECTRIC POWER
UTILITY AND COMMUNICATIONS CONDUIT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT.
Except as may be otherwise set forth in this easement, Grantee's rights to a permanent limited easement shall be
exercised upon that portion of the Property ("Easement Area") described on Exhibit "A" hereby attached and
incorporated herein:
1.  Purpose. Grantee shall have the right to construct, op erate, maintain, repair, replace, modify, improve,
remove, and use the Easement Areas for use of the conduit for underground electrical transmission and
communications lines and Dynamic Message Sign Pole and Base. The Grantee's right to utilize this
electrical conduit is limited to electrical and communication uses only and is exclusive, except that the
Grantor has such right to use this conduit, as is limited by the scope of the right, title, interest and claim
which Grantor has to the conduit where the electrical and communications lines are located. The uses of
the Easement Areas may include, but are not limited to:
Conduit Facilities. Underground conduit for electrical and communications lines leading from the
Dynamic Message Sign to the existing electrical cabinet boxes located in the City of Seattle public right
of way. For its use of the electrical power, the Grantee will use its own power source located outside of
Easement Area.

Pole and Sign facilities. Poles, towers and other support struct ures with cross arms, braces, anchors,
communications and electrical distribution lines, control cabinet and any and all other facilities or
appurtenances necessary or convenient to any or all of the facilities described earlier in this Agreement.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time,
construct such additional facilities as it may require to operate the Dynamic Message Sign system,
provided that these additional facilities remain within the permanent easement area.
2.  Access. Grantee shall have the right of access to the Permanent Limited Utility and the Dynamic
Message Sign Easement areas over and across the Property to enable Grantee to exercise its
rights hereunder, provided such access does not adversely affect the operation of the terminal,
road or rail access to the terminal, the parking area, and the administrative building. The Grantee
shall contact Grantor's lessee, Eagle Marine Services, at least 24 hours before the time it wishes
to access the Dynamic Message Sign and work out a mutually agreeable time to access the area.
3.  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.
4.  Grantor's Use of Easement Areas. Grantor reserves the right to  use the Easement Areas for any
purpose not inconsistent with the rights granted to the Grantee, provided, however, Grantor shall not
construct or maintain or permit the construction or maintenance of any buildings, structures or other
objects on the Easement Areas and Grantor shall do no blasting or permit any blasting within 300 feet of
Grantee's facilities without Grantee's prior written consent.
5.  Representations and Indemnifications.  Grantee shall at all times exercise its rights under this
Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of
any public authority having jurisdiction. Grantee shall protect, defend, indemnify and hold Grantor their
officers, employees and agents harmless from and against any and all liability, claims, damages, losses,
and expenses (including, but not limited to, attorneys' consultants' fees and other expenses of litigation
and arbitration) arising out of, or connected with Grantee's activities under this Easement, other than
those resulting from the sole or concurrent negligence of Grantor, its agents, contractors, subcontractors,
and/or any third persons acting on or for Grantee's behalf at any time occupying or present on the
Property. If a claim arises from the Grantor's and Grantee's concurrent negligence, or their respective
agents, contractors, subcontractors, and/or any third persons acting on or for their behalf, the
indemnification provided herein shall be valid and enforceable only to the extent of the Grantee's own
negligence. Grantor shall give Grantee prompt notice of any claims of which it is aware. Grantee shall
promptly assume responsibility for the claim or undertake the defense of any litigation on behalf of
Grantor, which shall cooperate fully with Grantee in the defense of any claim. This indemnification shall
survive the termination of this Agreement.
6.  Abandonment. The rights granted in this easement to  the Grantee shall continue until such time as
Grantee ceases to use the Easement Areas for a period of one (1) successive year, in which event, this
easement shall terminate and all rights hereunder, and any improvements remaining in the Easement
Areas, shall revert to or otherwise become the property of Grantor.

7.  Standard of Care. Grantee shall perform all construction activities associated with its
completion of the Dynamic Messaging Sign in compliance with all federal, state, and local laws,
including Environmental Laws. Grantee shall exercise reasonable care in the performance of all
its activities and shall use industry accepted methods and devices for preventing failures and
accidents that are likely to cause damage, injury, or nuisance to the public or to property. This
includes coordinating construction activities with the Grantor and its tenant Eagle Marine
Services to ensure that these activities do not adversely affect terminal operations, road or rail
access to the terminal, the parking area, and the administrative building.
8. Temporary Construction Easement. In consideration of mutual benefits, the Grantee, its
successor and assigns, shall have the right of access to the Temporary Easement areas over and
across the Property to enable Grantee to exercise its rights hereunder, provided such access does
not adversely affect the operation of the terminal, road or rail access to the terminal, the parking
area, and the administrative building during normal business hours, unless mutually agreed upon
in advance by Grantor and Grantor's lessee, Eagle Marine Services. Normal business hours are
Monday through Saturday, 8:00 a.m. to 4:30 p.m..The Grantee, its successor and assigns, shall
contact Grantor and Grantor's lessee, Eagle Marine Services, at least 24 hours before the time it
wishes to access the Temporary Construction Easement and work out a mutually agreeable time
to access the area. 
LEGAL DESCRIPTION OF THE TEMPORARY CONSTRUCTION EASEMENT IS ATTACHED AS
EXHIBIT A WHICH BY REFERENCE IS MADE A PART OF THIS PERMANENT LIMITED SIGN
AND ELECTRIC POWER UTILITY AND COMMUNICATIONS CONDUIT EASEMENT.
The Grantee, its successor and assigns, in accordance with conditions described above and in
coordination with Grantor or proceeding of law, shall have the right to enter upon above described land
for the purpose of:
Construction Easement as needed for temporary access and staging for Dynamic Message Sign and
conduit construction. Construction of the Dynamic Message Sign and all appurtenances including the
underground foundation and base, the pole, the message sign, controller cabinet and associated
conduit for electrical power and communications lines from the existing cabinet boxes to the pole
and sign.
The Grantee and its contractors shall have the right of access to the Temporary Construction
Easement area over and across the Property to enable Grantee to construct the Dynamic
Message Sign with 24 hours prior notice, and in coordination with Grantor.
Restoration of the surface of the area and any private improvements disturbed by or destroyed during
execution of the work (as nearly as practical to the conditions that they were in immediately before
the commencement of work).
9. Dynamic Message Sign Easement. In consideration of mutual be nefit, the Grantor does hereby convey
a limited permanent Dynamic Message Sign Easement area as follows:
LEGAL DESCRIPTION OF THE DYNAMIC MESSAGE SIGN EASEMENT IS ATTACHED AS
EXHIBIT A WHICH BY REFERENCE IS MADE A PART OF THIS PERMANENT LIMITED SIGN
AND ELECTRIC POWER UTILITY AND COMMUNICATIONS CONDUIT EASEMENT.
10. Conveyance. The Grantor also covenants to and with the Grantee that the Grantor is lawfully seized and
possessed of the land aforesaid; has a good and lawful right and power to sell and convey same; that

same is free and clear of encumbrances, except as above indicated with respect to the conduit where the
electrical boxes are located. This conveyance shall be a covenant running with the land, and shall be
binding on the Grantor and its heirs, successors and assigns during the term of the permanent limited
easement and the temporary construction easement.
11. Liens and Encumbrances. Grantee shall, at its sole cost, keep both the Permanent and Temporary
Construction Easements free and clear of any liens or other encumbrances arising out of Grantee's
activities under this Easement.
Dated this _____ day of ________________, 2009.
GRANTOR:              GRANTEE:
Port of Seattle, a Washington           CITY OF SEATTLE
Corporation
By:__________________________       By:__________________________
TAY YOSHITANI            GRACE CRUNICAN
Its: Chief Executive Officer              Its: Director of Transportation

Dated:________________________________, 2009

STATE OF WASHINGTON )
: 
COUNTY OF KING )

On this ____ day of __________________, 2009, before me personally appeared Tay Yoshitani, to me
known to be the Chief Executive Officer of the Port of Seattle, a Washington Corporation, the corporation that
executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that
she was authorized to execute said instrument.

WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written.

Notary Seal

Notary (print name)
Notary Public in and for the State of Washington,
residing at
My Appointment expires

STATE OF WASHINGTON )
: 
COUNTY OF KING )

On this ____ day of __________________, 2009, before me personally appeared GRACE CRUNICAN,
to me known to be the Director of Transportation of the City of Seattle, a Washington Municipal Corporation, the
municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.

WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written.

Notary Seal

Notary (print name)
Notary Public in and for the State of Washington,
residing at
My Appointment expires

Electric Power Utility & Communication Conduit Easement, and Dynamic Sign
Easement for City of Seattle ITS program, Dynamic Message Signs
EXHIBIT "A" EASEMENTS
King County Assessor No: 766670-5020, 766670-5022, 766620-5045, 766620-5040
Property Owner / Grantor: Port of Seattle
Grantee: City of Seattle
Grantor's Existing Parcels:
According to Pacific Northwest Title Company Title Orders No. 693928, 693931, 693029 & 693930, dated 3/27/2009,
3/27/2009, 4/1/2009 and 4/1/2009 respectively.
Lots 12 through 15, inclusive, Block 426, Seattle Tide Lands, as shown on the official maps on file in the office of the
Commissioner of Public Lands in Olympia, Washington;
EXCEPT the west 305.3 feet thereof;
AND EXCEPT that portion condemned in King County Superior Court Cause Number 142193 for widening of West
Spokane Street, as provided by Ordinance Numbers 39638 and 41575 of the City of Seattle;
(Tax Parcel 766670-5020).
ALSO Lots 16 through 20, inclusive, in said Block 426;
EXCEPT the west 5.3 feet thereof;
AND EXCEPT those portions of said Lots 16 and 17 lying east of a line at right angles to the south line of Lot 16 and
located 150 feet west of the most easterly point of Lot 15 of said Block 426;
AND EXCEPT the northeasterly 30 feet of said Lots 17 through 20;
(Tax Parcel 766670-5045);
ALSO the east 300 feet of the west 305.3 feet of Lots 12 through 15, inclusive, in said Block 426;
EXCEPT that portion condemned in King County Superior Court Cause Number 142193 for widening of West Spokane
Street, as provided by Ordinance Numbers 39638 and 41575 of the City of Seattle;
(Tax Parcel 766670-5022);
ALSO Lots 16 and 17, in said Block 426;
EXCEPT those portions lying west of a line at right angles to the south line of said Lot 16 and located 150 feet west of the
most easterly point of Lot 15 of said Block 426;
AND EXCEPT the northeasterly 30 feet of said Lot 17.
(ALSO KNOWN as a portion of Lot B, City of Seattle Lot Boundary Adjustment Number 8602879, recorded under
Recording Number 8608280448.)
(Tax Parcel 766670-5040);

Electric Power Utility and Communication Conduit Easement Area Acquired by Grantee:
Those portions of Lots 14, 15 and 16, Block 426, Seattle Tide Lands, as shown on the official maps on file in the office of
the Commissioner of Public Lands in Olympia, Washington, lying within a strip of land 10 feet wide, lying 5 feet on each
side of the following described CENTERLINE:
Commencing at the most easterly corner of said Lot 16, being the intersection of the southerly line of West Marginal
Way Southwest with the westerly line of Chelan Avenue Southwest;
Thence S5556'53"W along the southeasterly line of said Lot 16, the same being the westerly line of Chelan Avenue
Southwest, a distance of 5.93 feet to a point on a line parallel with and distant 5 feet southwesterly measured at right
angles from the northerly line of said Lot, said northerly line being also the southerly line of West Marginal Way
Southwest, said point being the True Point of Beginning of the herein described CENTERLINE;
Thence N6637'42"W along said parallel line a distance of 81.32 feet to the beginning of a curve to the left having a
radius of 35 feet;
Thence Northwesterly and Southwesterly along said curve through a central angle of 4214'36", an arc length of
25.80 feet;
Thence S7107'42"W a distance of 362.50 feet to the beginning of a curve to the right having a radius of 617.50 feet;
Thence Southwesterly and Westerly along said curve through a central angle of 1951'48", an arc length of 214.08
feet;
Thence N8900'30"W a distance of 90.23 feet;
Thence N2028'18"W a distance of 14.42 feet;
Thence N5441'57"W a distance of 12.38 feet;
Thence N1728'56"E a distance of 55.07 feet to the south line of the north 38.00 feet of said Lot 15 at a point distant
54.30 feet Easterly of the West line of said Lot 15 as measured at right angles therefrom, said point being the
TERMINUS of the herein described CENTERLINE, said strip being bounded on the north at said Terminus by the
said south line of the north 38 feet of Lot 15.
ALSO THAT portion of said Lot 16 described as follows:
Commencing at the most easterly corner thereof;
Thence S5556'53"W along the southeasterly line thereof a distance of 11.87 feet to a point on a line parallel with
and distant 10 feet southwesterly measured at right angles from the northerly line of said Lot 16, said point being the
True Point of Beginning;
Thence continue S5556'53"W along the southeasterly line of said Lot 16 a distance of 8.13 feet
Thence at right angles N3403'07"W a distance of 12.73 feet to a line parallel with and distant 10 feet southwesterly
measured at right angles from the northerly line of said Lot 16;
Thence S6637'42"E along said parallel line a distance of 15.11 feet to the True Point of Beginning.
All containing 8608 square feet, more or less.
Dynamic Message Sign Easement Area Acquired by Grantee:
That portion of Lots 14 and 15 in Block 426, Map of Seattle Tide Lands, King County, Washington, according to the official
maps thereof on file in the office of the Commissioner of Public Lands in Olympia, Washington, described as follows:
The north 8 feet of the east 10 feet of the west 64.3 feet of said Lot 14;
AND the south 11 feet of the east 10 feet of the west 64.3 feet of said Lot 15;
AND the north 11 feet of the south 22 feet of the east 22.5 feet of the west 76.8 feet of said Lot 15.
Containing 438 square feet, more or less.

Temporary Construction Easement Area Acquired by Grantee:
That portion of Lots 14, 15 and 16 in Block 426, Map of Seattle Tide Lands, King County, Washington, according to the
official maps thereof on file in the office of the Commissioner of Public Lands in Olympia, Washington, described as
follows:
The north 38 feet of the east 165 feet of the west 170.3 feet of said Lot 14;
AND THE east 165 feet of the west 170.3 feet of said Lot 15;
AND THE south 17 feet of the east 165 feet of the west 170.3 feet of said Lot 16.
Containing 18,975 square feet, more or less.

Exhibit B  Dynamic Message Sign Location

Exhibit C  Proposed Easements

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