AFTER RECORDING RETURN TO: 
City of Burien 
Public Works Department 
400 SW 152nd Street, Suite #300 
Burien, WA 98166-1973 

Reference Number of Related Document: ____________ 
Grantor(s): ____________________ 
Grantee(s): ____________________ 
Abbreviated Legal Description: ___________________ 
Additional Legal Description is on attached Exhibit B 
Assessor's Property Tax Parcel No.: ___________ 

PERMANENT PUBLIC RIGHT OF WAY EASEMENT 

THIS EASEMENT is made this _____ day of ________________, 2018, between the
Port of Seattle ("Grantor") and the City of Burien, a municipal corporation of the State of
Washington ("Grantee"). 
RECITALS 
A.     Grantor owns the real property located in the City of Burien, King County, Washington,
legally described and depicted on Exhibit A attached hereto and incorporated herein by this
reference, and ground leased to a third party for redevelopment ("Premises"). 
B.      Grantor owns the real property located in the City of Burien, King County, Washington,
and legally described and depicted on Exhibit B attached hereto and incorporated herein by this
reference, and located adjacent to the Premises and S. 146th Street. 
C.      As a condition to granting the certificate of occupancy for the Premises, Grantee has
requested that Grantor grant to Grantee a permanent public right-of-way easement over the
Easement Area (defined below) for the purposes described below.

D.     In order to facilitate development of the Premises, Grantor has agreed to grant Grantee
the requested easement for good and valuable consideration related to the terms and conditions
set forth in this Easement Agreement as well as the benefits associated with development of the
Premises. 
NOW, THEREFORE, the parties agree as follows: 
Grantor, for valuable consideration, the receipt of which is hereby acknowledged, does
hereby grant and convey to the Grantee, its successors and assigns, agents, and licensees a
permanent easement for public right-of-way purposes, including but not limited to, vehicular and
pedestrian traffic, together with the attendant customary uses, including drainage and utilities,
specifically including any utilities placed under the terms of a franchise agreement with, or other
permission from, the Grantee, and all other purposes not inconsistent with the Grantee's use,
across, under, over, and upon the following described land which the Grantor owns, to wit: 
All that portion of the parcel of land described as set forth in 
attached Exhibit B (hereinafter "the Easement Area") 

The scope and terms of this Easement shall be as follows: 
1. Grantee shall have the right to construct, install, operate, maintain, repair and/or replace
the following improvements on the Easement Area: 
Roadways, sidewalks, curbs and gutters, pavement, signals, street trees,
irrigation systems, drainage facilities, streetlights, underground conduits,
utilities, retaining walls, and cuts, slopes and fills. 
2. Grantor agrees to allow Grantee the right of ingress and egress on the Easement Area for
the purpose of construction, operation, maintenance, repair and/or replacement of the
improvements described in Paragraph 1. 
3. Grantor shall not interfere with the public's right to access and use the improvements
installed on the Easement Area pursuant to this Easement. 
4. Grantee shall be responsible for ensuring that activities within the Easement Area comply
with all applicable federal, state and local laws, regulations, orders, covenants and restrictions.

4.1     Grantee shall restrict the height of structures, objects of natural growth and other
obstructions on the Easement Area to an elevation of not more than 416 feet Datum NAVD 88. 
4.2     Grantee shall ensure the use of the Easement Area does not interfere with landing
or taking off of aircraft at Seattle Tacoma International Airport ("Airport"), or otherwise
constitute an "airport hazard." Any uses that create electrical interference with navigational
signals or radio communication between the Airport and aircraft, make it difficult for pilots to
distinguish between Airport lights and other, result in glare in the eyes of pilots using the
Airport, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise in 
any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to
use the Airport shall be deemed an airport hazard. 
5. Nondiscrimination. 
5.1     Grantee, for itself, its heirs, personal representatives, successors in interest, and
assigns, as part of the consideration hereof, does hereby covenant and agree that in the event
facilities are constructed, maintained, or otherwise operated on the Easement Area, for a purpose
for which a United States Department of Transportation/Federal Aviation Administration
program or activity is extended or for another purpose involving the provision of similar services
or benefits, Grantee shall maintain and operate such facilities and services in compliance with all
requirements imposed by the "Acts and Regulations" (as may be amended) such that no person
on the grounds of race, color or national origin, will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination I the use of said facilities. The "Acts and
Regulations" referenced in this Section mean Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the secretary, part 21, Non-discrimination in
Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI
of the Civil Rights Act of 1964 and as said Regulations and Acts may be amended. 
5.2     Grantee, for itself, its personal representatives, successors in interest, and assigns,
as a part of the consideration hereof, does hereby covenant and agree that: (i) no person on the
grounds of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (ii) in the
construction of any improvements on, over, or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or national origin shall be excluded from

participation in, denied benefits of, or otherwise be subjected to discrimination, and (iii) Grantee
shall use the premises in compliance with all other requirements imposed by or pursuant to the
Acts and Regulations, as amended, set forth in this Assurance. 
5.3     Grantee assures that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or handicap be excluded from participating in any activity conducted
with or benefiting from Federal assistance. This Provision obligates Grantee or its transferee for
the period during which Federal assistance is extended to the airport program, except where
Federal assistance is to provide, or is in the form of personal property or real property or interest
therein or structures or improvements thereon. In these cases, the Provision obligates Grantee or
any transferee for the longer of the following periods: (i) the period during which the Easement
Area is used for a purpose for which Federal assistance is extended, or for another purpose
involving the provision of similar services or benefits; or (ii) the period during which the Port or
any transferee retains ownership or possession of the Easement Area. In the case of contractors,
this Provision binds the contractors from the bid solicitation period through the completion of the
contract. 
5.4    Grantee will, at the timely request of the Port, (a) provide access to records,
facilities and staff as necessary to comply with DOT/FAA compliance reviews and/or complaint
investigations conducted by the DOT/FAA; and (b) provide information needed for preparation
of necessary reports or to meet evaluation requirements of the DOT/FAA. 
5.5     Grantee hereby assures that it will include the above clauses in any subcontract(s)
and cause subcontractor(s) to similarly include clauses in further subcontracts. 
6. Indemnification. 
6.1     At Grantee's sole expense, Grantee shall indemnify, hold harmless, and defend
Grantor from and against any and all claims, lawsuits, damages, liabilities, fines, expenses, fees
and costs of any kind, arising from Grantee's intentional misconduct, negligence, or breach of
the representations or warranties contained herein or default in the performance of Grantee's
responsibilities under the provisions of this Easement. As used in this Section 4, the term
"Grantee" shall include employees, agents, contractors, and persons entering the Premises under
the express or implied invitation of Grantee.

6.2     Upon written notice from Grantor, Grantee agrees to assume the defense of any
lawsuit or other proceeding brought against Grantor by any entity, relating to any matter covered
by this Easement for which Grantee has an obligation to assume liability for and/or save and hold
harmless Grantor. Grantee shall pay all costs incident to such defense, including, but not limited
to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and
amounts paid in satisfaction of judgments. 
7. Insurance.  Grantee shall provide the following insurance coverage which it shall obtain
from commercial insurance carriers and this coverage shall be maintained throughout the term of
the Easement. 
7.1     Required Coverage. 
7.1.1   Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or
an equivalent policy form) for third party property damage, bodily injury, personal and
advertising injury, and medical payments in an amount which is not less than $1,000,000
per occurrence and $2,000,000 annual aggregate. Grantee's insurance shall be primary
and non-contributory with respect to any insurance the Port carries and apply separately
to each insured. The Port shall be named as an additional insured on this policy.
7.1.2   Automobile Liability Insurance on a combined single limit basis for bodily
injury and property damage using with a limit of not less than $1,000,000 per occurrence. 
7.1.3   Pollution liability coverage with the Port named as an additional insured
on the policy, with limits no less than $1,000,000 per occurrence and $2,000,000 in the
aggregate. The policy coverage shall extend to all sudden and accidental incidents,
claims, damages, and losses, including defense costs that are caused by pollution
incidents that arise from the operations of the Grantee.
7.2     Insurance Certificates. Grantee shall submit to the Port a Certificate of Insurance
which shows that it has obtained the required coverage(s) and a copy of the additional insured
endorsement for the commercial general liability insurance policy and the pollution liability
policy. The stated insurance limits shall not be construed as to relieve the Grantee from liability
in excess of the limits. All deductibles or self-insurance retentions are the responsibility of
Grantee.

7.3     Self Insurance. Grantee shall have the option of providing a program of selfinsurance
in lieu of commercial insurance. "Self-Insurance" shall mean that Grantee is acting as
though it were the insurance company providing the required insurance. Grantee will have to
provide evidence to the Port that Grantee's self-insurance program demonstrates a financial
worth of sufficient capacity to finance claims, losses, and defense obligations that would
otherwise be covered by the commercial insurance specified above. If the Port does not accept
in whole or in part, Grantee's self-insurance program, Grantee shall provide commercial
insurance as required by this Section. 
8. This Easement shall be governed by and construed to be in accordance with the laws of
the State of Washington. In any action brought to enforce this Easement or to determine the
rights of the parties under this Easement, the prevailing party shall be entitled to collect, in
addition to any judgment awarded by a court, a reasonable sum as attorney's fees, and all costs
and expenses incurred in connection with such a lawsuit. For the purpose of this Easement, the
prevailing party shall be that party in whose favor final judgment is rendered or who
substantially prevails if both parties are awarded judgment. 
9. Any notice required or permitted to be given hereunder by one party to the other shall be
in writing and the same shall be given and shall be deemed to have been served and given if (i)
placed in the United States mail, certified, return receipt requested, or (ii) deposited into the
custody of a nationally recognized overnight delivery service, addressed to the party to be
notified at the address for such party specified below, or to such other address as the party to be
notified may designate by giving the other party no less than thirty (30) days' advance written
notice of such change in address. 
If to Grantee: 
City of Burien 
400 SW 152nd Street, Suite 300 
Burien, WA 98166 
Attention: Public Works Director 
Copy to: City Attorney 

If to Grantor:

Port of Seattle 
P.O. Box 1209 
Seattle, WA 98111 
Attention: ____________________ 
Copy to: General Counsel 
10.        This document contains the entire easement between the parties and any previous
easement between the parties dealing with this subject is declared by the parties to be null, void
and of no effect whatsoever. There are no verbal or other easements that modify this Easement.
Any modification of this Easement must be made in writing and must be signed by the party
against whom enforcement of the modification is sought. If any part of this Easement is held
invalid, the remainder of this Easement shall not be affected and shall continue in full force and
effect. The obligations of the parties hereunder shall survive termination of the Easement. 
11.        The rights and obligations of the parties shall inure to the benefit of and be
binding upon their successors and assigns. 
12.        This Permanent Public Right-of-Way Easement shall run with the land and be
binding upon the grantees, lessees, successors, and assigns of the parties hereto, unless vacated
by the City pursuant to State law. 

IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above 
written. 
GRANTOR: 
PORT OF SEATTLE 
___________________________________ 
By: (Type/Print Name)
Title: ______________________________

GRANTEE:

CITY OF BURIEN 
___________________________________ 
By: (Type/Print Name)
Title: ______________________________

STATE OFWASHINGTON ) 
) ss. 
COUNTY OF KING ) 

I certify that I know or have satisfactory evidence that ______________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the _________________________ of the PORT OF SEATTLE, a municipal
corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.

SUBSCRIBED AND SWORN to before me this __________ day of
____________________, 20__. 

________________________________________ 
NOTARY PUBLIC in and for the State 
of Washington, residing at _______________ 
My Commission Expires: _______________ 
Print Name: __________________________ 

STATE OFWASHINGTON ) 
) ss. 
COUNTY OF KING ) 

I certify that I know or have satisfactory evidence that ______________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the _________________________ of the CITY OF BURIEN, a municipal
corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.

SUBSCRIBED AND SWORN to before me this __________ day of
____________________, 20__. 

________________________________________ 
NOTARY PUBLIC in and for the State 
of Washington, residing at _______________ 
My Commission Expires: _______________ 
Print Name: __________________________

EXHIBIT "A"

PORT OF SEATTLE
NERA 2 Lease Area
Property Description

That portion of property lying within the South Half of the Northwest Quarter of the Northeast
Quarter of Section 20, Township 23 North, Range 4 East, Willamette Meridian, in King County,
Washington, described as follows:

Beginning at a point on the south margin of South 146th Street that is the intersection with the
west line of the east 100 feet of the Southwest Quarter of the Northwest Quarter of the
Northeast Quarter of the Northeast Quarter of said Section 20;
thence S0110'50"W along said west line, 333.12 feet to the south margin of South 147th Street as
dedicated in the plat of Walker's Garden Tracts recorded in Volume 61 of Plats at Page 97, King
County, Washington;                                ~
thence N8824'13"W, along said south margin 19.95 feet to the northeast corner of Lot 5 of said
plat;
thence S0110'40"W, along the east line of said Lot 5, a distance of 53.89 feet to the Runway
Protection Zone (RPZ) Line as shown on SeaTac International Airport Layout Plan, Runway
Protection Zone, R/W 16R-34L, Sheet 17 of 18;
thence S8833'15"E along said RPZ Line, 828.15 feet to the northwest margin of Des Moines
Memorial Drive;
thence N37012'53"E along said road margin, 123.63 feet to the most easterly corner of that
parcel of land described in Deed In Lieu of Condemnation, recorded in King County Auditor
File Number 20070711000733;
thence N5655'36"W along the north line of said parcel, 153.45 feet to the east line of the plat of
Reausaw Addition recorded in Volume 54 of Plats at Page 99,'King County;
thence N0117'50"E along said east line, 202.40 feet to the northeast corner of said plat;
thence N8816'01"W, along the north line of said plat also being the south margin of South 146th
Street 140.88 feet to the northwest corner of said plat and being 30 feet south of the road right of
146th Street;
way center line of South
thence continuing N8816'01"W parallel and 30.00 feet south of the road right of way center line
of South 146th Street, 610.21 feet to the west line of the east 100 feet of the Southwest Quarter of
the Northwest Quarter of the Northeast Quarter of said Section 20 and being the Point of
Beginning.

Containing 6.998 acres, more or less.






l |24| willows road ne, suite 200 ' redmond, Washington 98052
(425) 822-4446  ' fax (425) 827-9577

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( 202304-9064 )            ( 202304-9475 )                  912400-0040
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LOT 4
EXHIBIT A 60' o' 60'   120'
HORIZ -- ---             I
1"=120'
BURIEN NERA          12/05/16
PORT OF SEATTLE PROPERTIES
HanmiGlobal Partner                                                                                         31235P
11241 Willows Road NE                           NERA 2 BOUNDARY
Suite 200                                                                                          Project No.
Redmond, fashinglon 98052
Phone: (425) B22-4446
FAX: (425) B27-9577                                                                                       Drawing No.
winr.otak.com

EXHIBIT "B"
RIGHT-OF-WAY DEDICATION
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING NORTH OF A LINE WHICH LIES 30.00 FEET
SOUTH OF AND PARALLEL WITH THE CENTERLINE OFSOUTH 146TH STREET.
PARCEL DESCRIPTION:
A TRACTOF LAND SITUATE WITHIN THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4 OF SECTION 20, TOWNSHIP
23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN BURIEN, KING COUNTY, WASHINGTON, AND BEING 
DESCRIBED AS FOLLOWS: 
BEGINNING AT A POINT ON THE SOUTH MARGIN OF SOUTH 146TH STREET THAT IS THE INTERSECTION WITH 
THE EAST LINE OF THE EAST 100 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20;
THENCE ALONG THE NORTHERLY BOUNDARY OF THE TRACT HEREIN DESCRIBED, THE FOLLOWING FIVE (5)
COURSES:
S 8816'50" E ADISTANCE OF 219.54 FEET;
S 114'07" WA DISTANCE OF 8.50 FEET;
S 8816'50" EADISTANCE OF 106.00 FEET;
S 114'07" WA DISTANCE OF 5.00 FEET;
S 8816'50" EADISTANCE OF 325.53 FEET TO THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE ALONG THE EASTERLY BOUNDARY OF THE TRACT HEREIN DESCRIBED, THE FOLLOWING TWO (2)
COURSES:
S 117'41" WA DISTANCE OF 196.10 FEET;
S 5701'41" EA DISTANCE OF 157.20 FEET TO A POINT ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 
DES MOINES MEMORIAL DRIVE;
THENCE CONTINUING ALONG THE EASTERLY BOUNDARY OF THE TRACT HEREIN DESCRIBED, COINCIDENT
WITH SAID NORTHWESTERLY RIGHT-OF-WAY LINE OF DES MOINES MEMORIAL DRIVE, S 3712'56" W A 
DISTANCE OF 353.99 FEET TO THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE ALONG THE SOUTHERLY BOUNDARY OF THE TRACTHEREINDESCRIBED, LEAVING SAID
NORTHWESTERLY RIGHT-OF-WAY LINE OF DES MOINES MEMORIAL DRIVE, THE FOLLOWING TWELVE (12)
COURSES:
N 6514'50" W ADISTANCE OF 91.29 FEET;
S 4305'07" W ADISTANCE OF 25.16 FEET;
N 4626'05" W ADISTANCE OF 92.57 FEET;
N 4630'31" W ADISTANCE OF 24.00 FEET;
S 4329'29" W ADISTANCE OF 75.45 FEET;
N 4630'31" W ADISTANCE OF 24.00 FEET;

N 4626'05" W A DISTANCE OF 170.00 FEET;
N 60041'30" W A DISTANCE OF 11.15 FEET;
S 301554" W A DISTANCE OF 133.30 FEET;
N 890258" W A DISTANCE OF 120.63 FEET
N 1010134" E A DISTANCE OF 43.88 FEET;

N 8824140" W A DISTANCE OF 120.00 FEET TO THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE ALONG THE WESTERLY BOUNDARY OF THE TRACT HEREIN DESCRIBED, N 1010135" E A DISTANCE OF
135.02 FEET TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH 147TH STREET;
THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF THE TRACT HEREIN DESCRIBED, COINCIDENT
WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH 147TH STREET, S 8824'40" E A DISTANCE OF 20.00
FEET;
THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF THE TRACT HEREIN DESCRIBED, LEAVING SAID
SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH 147TH STREET, N 1010'34" E A DISTANCE OF 346.55 FEET TO THE
NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S 8816'50" E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH 146TH STREET, 100.00 FEET
TO THE TRUE POINT OF BEGINNING;
THE TRACT CONTAINS 9.0888 ACRES OR 395,909 SQ. FT., MORE OR LESS.
SAID RIGHT-OF-WAY DEDICATION CONTAINS 4,843.74 SQ. FT., MORE OR LESS.

EXHIBIT "B11
FOUND BRASS--....-,-.,.....___     "' S1' 32' 06"W 1314.29'
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AREA TO BE DEDICATED
S1' 10' 34"W                      AS RIGHT-OF-WAY
665.64'
NW, NE SEC. 20,
T 23 N., R 04 E.
FOUND 2" BRASS
IN CASE AT CL OF                                        S. :J.47TH ST
8TH AVE                      S1' 03' 31"W- 1336.96'
P.O.C.                              S1' 03' 31"W
NW CORNER                     1336.95'
S1' 03' 31"W                    FOUND 2" IRON PIPE AT
668.48'                          8TH AVE AND 152ND ST

2215 North 30th Street,
mmm11 Suite 300,
Tacoma, WA 98403
253.383.2422 TEL
JOB NO. 2160809.50 10/23/17                                               253.383.2572 FAX
RIGHT-OF-WAY DEDICATION
LEGAL BY: AWM EXHIBIT BY: AWM            THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
N, NEY4, S20, T23N, R4E                     OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT
w: \sdskproj\2016\2160809\2160809 row dedlcotlon.dwg        BETWEEN THE ITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE
LEGAL DESCRIPTION SHALL PREVAIL