RECORDING REQUESTED BY AND

WHEN RECORDED MAIL TO:

Seattle Public Utilities Real Property Services

Post Office Box 34018

Seattle, WA 98124-4018

PUBLIC ACCESS EASEMENT AGREEMENT

Reference No. of Document Released: None

Grantor: Port of Seattle

Grantee: City of Seattle

Legal Description (abbreviated): Portion of Lots 15, 16, and 32, Block 400,

Plat of Seattle Tidelands

Assessor’s Tax Parcel ID No. 7666702110, 7666702140

This Public Access Easement Agreement (“Easement Agreement”) is made effective as

of the ____ day of ___________, 2011 by and between the Port of Seattle, a Washington

municipal corporation (“Grantor”) and the City of Seattle, a Washington municipal

corporation (“Grantee”).

RECITALS

WHEREAS, in conjunction with the Grantor’s Terminal 18 Redevelopment Project (City

of Seattle Master Use Permit Number 9700752), Grantor petitioned Grantee to vacate

portions of 11

Avenue SW, 13

Avenue SW, SW Florida Street, and SW Hanford Street

(“Streets”), as more particularly described in the vacation petition to the City of Seattle

Clerk File No. 301929; and

WHEREAS, the vacation of the Streets is conditioned, in part, on Grantor granting a

satisfactory public access easement through portions of Grantor’s Property to facilitate

vehicle access by the public as well as Grantee; and

WHEREAS, Grantor’s Property is located within the Harbor Island Superfund Site’s Soil

and Groundwater Operable Unit which is governed by a Consent Decree, and therefore

this instrument must preserve EPA’s continuing rights of access to the property for the

purposes of monitoring, conducting investigations, implementing response actions,

assessing compliance, and other activities related to the implementation of the Consent

Decree; and

Item Number: ___________

Date of Meeting: _________

May 3, 2011

5b Attach1

WHEREAS, Grantor desires to fulfill the above-stated conditions to complete the

vacation of Streets on Terminal 18.

NOW, THEREFORE, the parties agree as follows:

EASEMENT

In consideration of the Grantee’s vacation of the Streets and other good and valuable

consideration, receipt of which are hereby acknowledged, Grantor hereby conveys and

grants, to Grantee, a nonexclusive permanent easement for public access, including

vehicles and equipment, over, through, across and along the following portions of

Grantor’s Property:

A. The paved and curbed one lane, one-way roadway commonly known as the

“South Loop Road” as legally described in Exhibit A, attached hereto and

incorporated herein (“Loop Road Easement Area”), and

B. The paved roadway turnaround area, as legally described in Exhibit B,

attached hereto and incorporated herein ((“Turnaround Easement Area”) and

collectively with the Loop Road Easement Area (“Access Easement Areas”))

This Easement Agreement shall include only such rights in the Access Easement Areas as

shall be necessary for the surface rights for general public access, including vehicles of

the general public and vehicles and equipment of Grantee for purposes including access

to various utility and other easement areas of Grantee located on Harbor Island

(“Purposes”). Grantor, its successors and assigns, shall have the right to use the Access

Easement Areas in any way and for all purposes which do not unreasonably interfere with

the easement rights for the Purposes herein granted to Grantee and which are consistent

with the terms and conditions of this Easement Agreement. Grantor, at its sole cost and

expense, shall maintain the Access Easement Areas at all times in a manner and standard

consistent with the public roadways maintained by the City of Seattle on Harbor Island.

Notice is hereby given that the portions of Grantor’s property listed above are subject to

the Harbor Island Soil & Groundwater Operable Unit Consent Decree, which was entered

in the United States District Court, Western District of Washington Seattle Division, in

Civil Action No. C95-1495Z (“Consent Decree”). A copy of that document has been

filed at King County under King County recording number 9608211528. Section X of

the Consent Decree requires that the United States and its representatives, including EPA

and its contractors, be provided access to this property at all reasonable times for the

purposes of conducting activities related to the Consent Decree. Grantee may not

interfere with that right of access. There are no other restrictions or covenants related to

the Consent Decree that are applicable to this Easement Agreement. Except for the

access requirements above, this Easement Agreement does not convey any obligations of

the Consent Decree to Grantee and Grantor shall continue meeting the obligations under

the Consent Decree at no expense to Grantee.

This Easement Agreement and each of the terms, provisions, conditions and covenants

herein shall run with the land and be binding upon and inure to the benefit of the parties

hereto and their respective heirs, successors, assigns and successors-in-title.

Grantor: Port of Seattle

By: _____________________________

Name, title________________________

Date ______________________, 2011

STATE OF _______________________ )

) SS.

COUNTY OF _____________________ )

I certify that I know or have satisfactory evidence that __________________ is the

person who appeared before me and signed this instrument, on oath stated that s/he

was authorized to execute the instrument and acknowledged it as _____________ of

Port of Seattle, to be the free and voluntary act of such party for the uses and

purposes mentioned in the instrument.

SUBSCRIBED AND SWORN to before me this ____day of

__________________2011.

NAME______________________________

(Print name)

NOTARY PUBLIC in and for the State of

Washington

____________________________

Residing at Seattle

_______________________

My appointment expires: _______,20 _____