HomeMy WebLinkAbout5206Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
ORDINANCE NO. 5206
Reference Number(s) of Documents assigned or released:
["]Additional reference #'s on page of document
Grantor(s)lBorrower(s) (Last name first, then first name and initials)
CITY OF AUBURN
Grantee/Assignee/Beneficiary: (Last name first) WEST BEVERLY DIVISION NO. 4
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section 11, Township 21 N, Range 04 Described as follows:
[] Additional legal is on page _12_ of document,
Assessor's Property Tax Parcel/Account Number
112104-9013
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 2 0 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE FINAL PLAT OF WEST BEVERLY HILL
DIVISION NO. 4 A 95-LOT SINGLE-FAMILY SUBDIVISION LOCATED
EAST OF "W" STREET NW AND WEST OF THE TERMINUS OF 15TH
STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON SUBJECT TO
CONDITIONS.
WHEREAS at the regular meeting of the Auburn City
Council held on December 21, 1998, the Auburn City Council
approved the Final Plat of West Beverly Division No. 4,
Application No. PLT0002-94R, attached hereto as Exhibit A
and incorporated herein by reference, subject to staff
confirming the adequacy of the plat bond; and
WHEREAS; On Tuesday, December 22, 1998, the City
Engineer confirmed to the City Attorney the adequacy of the
bond amount for the remaining amount of work to be
constructed, where upon the City Attorney prepared the
Ordinance No. 5206
February 16, 1999
Page 1
ordinance for City Council approval at the next regular
scheduled council meeting on January 4, 1999; and
WHEREAS; At the regular scheduled council meeting on
January 4, 1999, the City Engineer reported that: "Over the
holiday season the contractor's unfilled private utility
trenches filled with storm-water runoff, saturated the on-
site soils, and flowed out of control across the site
damaging approximately 390 linear feet of interior plat
streets. Apparently due to the lack of control structures
on site, storm-waters also infiltrated into the ground and
contributed to a slope failure on the North side of Terrace
Drive approximately 1,000 linear feet downhill from the
lower plat entrance Street"; and that based upon the amount
of damages, the ordinance approval should be deferred; and
Ordinance No. 5206
Page 2
WHEREAS; On January 14, 1999 City staff inspected the
site to determine that significant work remained to be done
and that a Stop work order for all work except for erosion
control activities should be ordered; whereupon the City
Building Official ordered a stop work order on 'January 14,
1999; and
WHEREAS; At the January 19th council meeting the City
Engineer's report indicated the need for further deferral of
ordinance approval; and
WHEREAS; On February 4, 1999 City staff; and
Representatives of ST Corporation, the property owners, and
the developer's Engineer met on site to review the city's
concerns about final plat approval with the goal of
identifying everything that needed to be addressed. It was
Ordinance No. 5206
February 16, 1999
Page 3
observed that the site runoff had improved considerably and
that significant on site work had been done to prevent and
control erosion. Three main concerns were inspected &
reviewed:
1. The need to establish control of side ditch drainage
and erosion control along Terrace Drive.
2. Restoration of the damaged side-slope on the
northwest side of Terrace Drive.
3 The need for an agreeable and secure plan for
·
controlling erosion after plat approval while the
three builders respectively would be active on site.
WHEREAS; It was determined that to control erosion on
site after plat approval, that the city needed a binding
agreement in which ST Corporation and all parties that have
an interest in the property, their heirs, successors &
Ordinance No. 5206
Page 4
assigns understand and agree to their respective duties to
continue erosion control and to hold the City harmless from
all claims & cross claims. This indemnity and hold harmless
agreement is attached hereto as Exhibit C, and incorporated
herein by reference. The engineer's report of February 4,
1999 attached hereto as Exhibit B, and incorporated herein
by reference, specifies the related activities that are
recommended and agreed to maintain adequate erosion control
after final plat approval As a method of assuring all
-
concerned that water quality was actually in compliance with
state standards, the parties agreed to a testing protocol
that would be performed weekly, preferably during rainfall
events, to assure that standards are maintained.
FINDINGS OF FACT
Ordinance No. 5206
February 16, 1999
Page 5
1. The Final Plat as submitted will be in
compliance with the Preliminary Plat approved
by Resolution No. 2774 and amended by
Resolution No. 2844 when all applicable
conditions have been met or guaranteed in
accordance with 17.08.010 Auburn City Code.
West Beverly Hill No. 4, is a 95-1ot single-
family subdivision located easterly of "W"
Street NW and west of the terminus of 15th
Street NW, within the City of Auburn.
2. The Final Plat will be in compliance with the
U~ settlement agreement when the Plat is
~ completed.
C~ 3. The property owners, as indicated in Exhibit
U~ D, attached hereto and incorporated herein by
~"4 reference, shall complete the final plat
~ within 18 months from the posting of the
~ bond. The bond is in an amount of 125% of
~ the amount to complete the final plat. If
~ bond is insufficient the property owners are
required to complete the final plat and
indemnify and hold harmless the city for any
and all costs including attorney fees and
costs.
4. The signatories to the attached hold harmless
agreement warrant that they are all the
parties that have an interest in the property
subject to this final plat.
CONCLUSIONS OF LAW
Ordinance No. 5206
Page 6
1. The Final Plat, when completed, will be in
compliance and in conformity with applicable
Zoning and Land Division Ordinances and other
applicable land use controls.
2. The Plat is consistent with the Comprehensive
Plan.
3. The Plat meets the requirements of Chapter
58.17 RCW.
Based on the foregoing Findings of Fact and
Conclusions,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Plat of West Beverly Hill No. 4, a 95-
lot single-family subdivision located easterly of "W" Street
NW and west of the terminus of 15th Street NW, within the
City of Auburn, Washington, which Plat is on file with the
City Clerk of the City of Auburn, and which plat is legally
described on the face of the Final Plat and attached as
Ordinance No. 5206
February 16, 1999
Page 7
Exhibit "A", is hereby approved subject to condition of Bond
and the indemnity and hold harmless agreement.
Section 2. Pursuant to RCW 58.17.170, the final plat
will conform to all terms of the preliminary plat approval
and will comply with all requirements of Chapter 58.17 RCW
and applicable state and local laws when improvements are
completed.
Section 3 Upon the passage, approval and publication
-
of this Ordinance as provided by law, the City Clerk of the
City of Auburn shall cause this Ordinance to be recorded in
the office of the King County Auditor.
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 5. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
Ordinance No. 5206
Page 8
INTRODUCED: FebDreary 16, 1999
PASSED: February 16, 1999
APPROVED: February 16, 1999
CHARLES A. BOOTH
MAYOR
ATTEST:
Deputy City Clerk
Ordinance No. 5206
February 16, 1999
Page 9
APPROVED AS TO FORM:
~ynokds,
City Attorney
Published:
Ordinance No. 5206
December 23, 1998
Page 10
LEGAL DESCRIPTION OF PROPERTY
The West half of the Southeast quarter of Section 11, Township 21 North, Range 4 East W.M.;
EXCEPT the plat of West Beverly Hill Division I, as per plat recorded in Volume 140 of Plats,
pages 97 through i00, Records of King County;
AND EXCEPT the plat of West Beverly Hill Division II, as per plat recorded in Volume 153 of
Plats, pages 1 through 3, Records of King County;
AND EXCEPT that portion of the West half of the Southeast quarter of Section 11, Township
21 North, Range 4 East W.M., more parti~:ularly described as follows:
BEGINNING at the Northeast corner of the West half of the Southeast quarter of Section 11;
THENCE North 89° 56' 54" West along the North line of said Southeast quarter, 167.57 feet
to an intersection with an arc of a curve to the left, the radius point of said curve bears South
29° 32' 25" East, 230.00 feet;
THENCE along the arc of said curve, a distance of 237.92 feet to a point of tangency, said
curve having a central angle of 59° 16' 07" and a radius of 230.00 feet;
THENCE South 01 ° 11' 28" West, 625.11 feet to a point of curvature, the radius point of said
curve bears North 88° 48' 32" West, a distance of 320.00 feet;
THENCE along a curve to the right, an arc distance of 30.30 feet, said curve having a central
angle of 05° 25' 30" and a radius of 320.00 feet;
THENCE South 83° 23' 02" East along 'a radial line of said curve, 60.00 feet to a point;
THENCE South 88° 48" 32" East 221.70 feet, more or less, to the East line of said West half
of the Southeast quarter of Section 11;
THENCE North 01 ° 1' 28" East along said East line 862.07 feet, more or less to the POINT OF
BEGINNING;
Situate in the City of Auburn, County of King, State of Washington.
Exhibit "A"
Ordinance NO. 5206
EXHIBIT "B" TO ORDINANCE NO. 5206
CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES
Dennis Dowdy, P.E., City Engineer
City of Auburn
Engineering Department
25 West Mare Street
Auburn, WA 98001
RE: Summary of February 4, 1999, On-Site Meeting at West Beverly Hill No. 4
Our Job No. 5964
Dear Dennis:
On behalf of the developer, ST Corporation, I am writing to summarize the results of our field meeting at
West Beverly Hill No. 4 that was to review the current condition of erosion control measures and identify
steps that need to be taken so that the plat is ready for final recording. I appreciate your effort in pulling
the meeting together and working out the issues to be resolved. The following outline summarizes the
results of our meeting.
1. Attendance:
Dennis Dowdy, City of Auburn
Larry Dahl, City of Auburn
Hilt TownIcy, City of Auburn
Kevin Mohundro, City of Auburn
Dan Hanson, ST Corporation
Richard McKie, ST Corporation
Rob Armstrong, Barghausen Consulting Engineers, Inc.
Derek Sinclair, Barghausen Consulting Engineers, Inc.
2. The erosion control condition of the site is 100 percent better than it was a couple of weeks
ago, and clean water is now flowing into and out of the pond. The City is requiring the
developer to conduct a water quality test in order to get the red tag lifted. Barghausen
18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782
EXHIBIT "B" TO ORDINANCE NO. 5206
EXHIBIT "B" TO ORDINANCE NO. 5206
Denms Dowdy, P.E., City Engineer
City of Auburn
Engineering Department -2- February 9, 1999
Consulting Engineers, Inc., will coordinate the water quality test and provide the results to the
City as soon as possible.
3. The developer will restall a new 12-inch PVC stubout and a Type 1 catch basin on the west
side of Terrace Drive at Station 41+00 to collect drainage from the open space area before it
enters the Lloyd commercial parcel. This was not a requirement of the approved plans, but it
was agreed to at the meeting.
4. The developer will install a 12-inch perforated pipe and a Type 1 catch basin on Terrace Drive
from Station 30+00 to Station 31+00 to fill in the ditch, so that the City will have an area to
build the 8-foot sidewalk. The reason for using the perforated pipe in this situation is so that
groundwater interflow through the quarry spalls can be collected in addition to the ditch
drainage.
5. The ditch on the south side of Terrace Drive from Station 23+00 to Station 25+00 needs to be
Lt'J filled in and re-shaped where it has been scoured. This repair is best done next spring so as
C'~ not to cause any further sedimentation at this time. For now, the majority of this drainage is
I'~ intercepted by the pipe stubout from CB//40 so that the flow in this section of ditch is
IfJ negligible.
~:~ 6. The developer will install a 12-inch PVC pipe and Type 1 catch basin on Terrace Drive from
~ Station 28+40 to Station 29+00 to fill in the ditch, so that the City will have an area to build
.~ the 8-foot sidewalk.
7. Quarry spall slope protection needs to be added at the 12-inch PVC pipe stubout to the ditch
near CB #40 at Terrace Drive Station 21+00.
8. The City gave authorization for the developer to complete the installation of street lights on
Terrace Drive.
9. A concern about individual lot erosion control from house construction was discussed in great
detail. We agreed on a program that will require implementation of erosion control as well as
maintenance, inspection, and enforcement.
a. There are three builders on this project:
Primark Homes: Lots 10 through 15, 23 through 27, 39 through 53, 57 through 67,
69 through 74, 77 through 79, and 95 (47 lots)
EXHIBIT "B" TO ORDINANCE NO. 5206
EXHIBIT "B" TO ORDINANCE NO. 5206
Dennis Dowdy, P.E., City Engineer
City of Auburn
Engineering Department -3- Februmy 9, 1999
Touchstone Homes: Lots 16 through 22, 28 through 31, 54 through 56, 68, 75, 76,
and 94 (18 lots)
Anderson-Tedrick Custom Homes: Lots 1 through 9, 32 through 38, and 80
through 93 (30 lots)
b.. The developer will hireBarghausen Consulting Engineers, Inc., to perform weekly erosion
control inspections and provide written reports to the City. This will include turbidity tests
of the stormwater leaving the site.
c. The three builders in the plat will sign a hold harmless agreement so that the City of
L?J Auburn will be held harmless from any cross claims from drainage, erosion, or work
C~3 stoppages resulting from a red tag stop work order on one particular lot.
~ d. The developer will provide the City with a letter stating that the developer has reserved
Lf'3 adequate financial resources to address erosion control for the project.
~ e. Each builder will be required to provide individual lot erosion control according to City
~'3 of Auburn standards and the following special provisions:
· Streets shall be swept clean once a week or as necessary.
· A quarry spalls construction entrance shall be built before vehicles can drive on the
lot, in order to reduce mud being tracked onto the street.
· Filter fabric fence shall be built downslope of the perimeter of all disturbed areas.
· All disturbed areas, including foundation excavations, shall be covered with plastic
or 2 inches of straw by the end of each work day.
· Draining or pumping of dirty stormwater from the lots directly into the storm drainage
system will not be allowed. Any dirty stormwater discharge from the lots must pass
through a filtering system of some kind (such as dirt bag filter or sediment trap/gravel
cone filter system).
I believe that this is a thorough and accurate summary of our site meeting and agreement of how to get this
plat recorded. Enclosed are several documents, including a draft of the hold harmless agreement for you
to review with the City Attorney on Wednesday, February 10, 1999.
EXHIBIT "B" TO ORDINANCE NO. 5206
EXHIBIT "B" TO ORDINANCE NO. 5206
Dennis Dowdy, P.E., City Engineer
City of Auburn
Engineering Department -4- February 9, 1999
We hope that the steps that we are taking will allow you to make a positive recommendation for f'mal plat
approval at the February 15, 1999, City Council meeting. Thank you.
RJA/kn [5964C.04 1]
enc: (1) draft hold harmless agreement
Id'J (1) mark-up showing storm stub at Terrace Drive, Station 41+00
e'J (1) mark-up showing storm tigh~ine at Terrace Drive, Station 30+00 to Station 31+00
~ (1) mark-up showing storm tightline at Ten'ace Drive, Station 28+40 to Station 29+00
1.~ cc: Larry Dahl, City of Auburn Public Works/Engineering Department
~'4 Kevin Mohundro, City of Auburn Public Works/Engineering Department
~I~ Milt TownIcy, City of Auburn Public Works/Building Department
~ Dan Hanson, ST Corporation
~ Johann Tan, ST Corporation
Derek M. Sinclair, Barghausen Consulting Engineers, Inc.
EXHIBIT "B" TO ORDINANCE NO. 5206
Return Address:
City Clerk
City of Aubum
25 West Main Street
Auburn, WA 98001
Document Title(s): Assessor's Property Tax Pareel/Accotmt Number:
1. Hold Harmless Agreement 112104-9012-05, 112104-9013-04, and 112104-9030-03
Reference Number(s) of Documents assigned or released if applicable:
Additional reference numbers are on page of document.
N/A
Grantor(s) (Last name fkrst, then first name and initials):
1. Primark Homes, Inc.
2. Touchstone Homes
3. Anderson-Tedfick Custom Homes, Inc.
4. ST Corporation
Grantee(s) (Last name first, then first name and initials):
1. City of Auburn
2.
3.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range):
Additional legal is on page 2 of document.
The West half of the Southeast quarter of Section 11, Township 21 North, Range 4 East, W.M.
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
Page 1 of 7 5964.055 [RJAAcn]
EXHIBIT "C"
LEGAL DESCRIPTION
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 21
NORTH, RANGE 4 EAST W.M. ,; -
'EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION I, AS PER PLAT
RECORDED IN VOLUME 140 OF PLATS, PAGES 97 THROUGH 100,
RECORDS OF KING COUNTY;
AND EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION II, AS PER
PLAT .RECORDED IN VOLUME 153 OF PLATS, PAGES I THROUGH 3,
RECORDS OE KING _COUN]IY; _ _
AND EXCEPT THAT PORTION OF THE WEST 172 OF THE SOUTHEAST 1/4
OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 11;
THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST ALONG THE
NORTH LINE OF SAID SOUTHEAST 1/4, 167.57 FEET TO AN
INTERSECTION WITH AN ARC OF A .CURVE TO THE LEFT, THE RADIUS
POINT OF SAID CURVE BEARS SOUTH 29 DEGREES 32 MINUTES 25
SECONDS EAST, 230.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 237.92 FEET
'TO A POINT OF TANGENCY, SAID CURVE HAVING A CENTRAL ANGLE OF
59 DEGREES 16 MINUTES 07 SECONDS AND A RADIUS OF 230.00 FEET;
THENCE SOUTH 01 DEGREES 11 MINUTES 28 SECONDS WEST, 625.11
FEET TO A POINT OF CURVATURE, THE RADIUS POINT OF SAID CURVE
BEARS NORTH 88 DEGREES 48 MINUTES 32 SECONDS WEST, A DISTANCE
OF 320.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.30
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 05 DEGREES 25
MINUTES 30 SECONDS AND A RADIUS OF 320.00 FEET;
THENCE SOUTH 83 DEGREES 23 MINUTES 02 SECONDS EAST ALONG A
RADIAL LINE OF SAID CURVE, 60.00 FEET TO A POINT;
THENCE SOUTH 88 DEGREES 48 MINUTES 32 SECONDS EAST 221.70
FEET, MORE OR LESS, TO THE EAST LINE OF SAID WEST 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 11;
THENCE NORTH 01 DEGREES 11 MINUTES 28 SECONDS EAST ALONG SAID
EAST LINE 862.07 FEET, MORE OR LESS TO THE POINT OF
BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
Page 2 of 7 5964.055 IPjA/kn]
HOLD HARMLESS AGREEMENT
RELATING TO DRAINAGE, EROSION CONTROL, AND STOP WORK CLAIMS BETWEEN LOT
BUILDERS
WEST BEVERLY HILL NO. 4
We, the undersigned, are the responsible representatives for each of the three home builders and the
plat developer for the West Beverly Hill No. 4 project. We hereby indemnify and hold the City of
Auburn, its officers, officials, employees, and volunteers harmless from any and all claims or cross
claims, including attorney fees, between home builders on lots within the West Beverly Hill No. 4
subdivision arising from drainage, erosion control, or stop work issues. We understand that the West
Beverly Hill No. 4 project drains ultimately to Mill-Creek, which is-a-salmon-bearing creek, and that
house consauction during the rainy season poses a threat of sediment-laden stormwater discharge ff
propererosion control is not maintained. We understand that if even one lot is out of compliance with
the City of Auburn's erosion control requirements, the City of Auburn can place a "red tag" stop work
order on the entire project that will remain in place until the entire project is brought back into
compliance with the erosion control requirements. We understand that this statement is legally binding
upon our eirs and/or assigns.
X
Page 3 of 7 5964.055 [RJA/kn]
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that 3'0 k o. n ~. 'T"fi r~-
signed this instrument, o~ oath stated that~she) was authorized to execute the instrument and
acknowledged it as the v' e S i Jo_,x}c of Primark Homes, Inc., to be the free and voluntary
act of such corporation for the uses and purposes mentioned in the instrument.
_ .-.- ....~ ',,9heree ,3"Orlei _
,- ' Notary 'Public for the State of Washington
~n¢ ~ : Residing at: 12Co -~o. IQ2~ ~. ~ ,~.
.. My commission expires: 2Xt~ ~?, Zc.~L.
Page 4 of 7 5%4.055 [RJMm]
STATE OF WASHINGTON )
COUNTY OF KING )
~ ce~fy ~t, k.o~, or have satisfac,o~y e,~dence ~t L, ~ ~ L ~ ~ ~ ~ ~ ~ n n
si~ed ~s ~s~em on oa~ stated ~at ~¢/sh¢) w~ au~o~zed to execute ~e ~mem ~d
ac~owledged it ~e~ ,'ba~ ~;~,~ of Touchstone Homes, to be ~e f~e ~d vol~
act of such coloration for ~e uses ~d p~oscs mentioned ~ ~e ~smem.
: ....... '
~' ~ ~ ~ ~{{ ~ No~ Public for ~e State of W~gon
.. , .. ;. ~ ~ ~ ~. '~ ~ ~ ~ ~ R~sid~g at: ~ 0 0 m ~
' tel~/~..:~l~~'
o~.."~
Page 5 of 7 5964.055 [RJA/knI
STATE OF WASHINGTON )
COUNTY OF KING )
signed this insmament, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the X65,O r~..,k,,~ ,( of An~erson-Tedrick Custom Homes, Inc., to be
the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument.
,.. .
' ' "; " "~'~ ~ . Notary Public for the State of Washington
/i- ,:, , ,, ', 'Q~.: o// Residing at: x-~ ~ d'rvt ~
t ~.: ?- ~ ~ ~' : ~ / My commission expires: ~ - 9d-/, 0 Z-
', ,o "-?'+ % .':
Page 6 of 7 5964.055 [RJA/kn]
STATE OF WASHINGTON )
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ~Or} ~- ~. "7'~ ~
signed this instmment, on oath, stated that (he/she) was authorized to execute the instrument and
acknowledged it as the ~'r~-S~ ¢~er, e of ST Corporation to be the free and voluntary act
of such corporation for the uses and purposes mentioned in the inslnnnent.
"' //~
' Notary Public for the Sta~e of Washington" '
Residing at: 12s-~ ~. ~q~_~,~
! My commission expires:
,,,
Page 7 of 7 59~4.o55 [~A/kn]
HOLD HARMLESS AGREEMENT
WARRANTY
The signatories to this statement warrant that at the time of execution of this
statement and until the final plat is recorded, we are the only parties that are obligated
to completing the final plat infrastructure requirements, and that we are the only
parties that have an interest in ownership of West Beverly Hills No. 4.
ST Corporation by Mark McKallor ,Vice P esident
S~ ature
(Authorized Corporate Officer)
Dated this / ~ F~.br~,a, 2t ,
day of 1999
STATE OF WAS~GTON CO~TY OF
Subsc~be~d sworn before me day ~d ye~ fist above ~en:
Not~ Public in ~d for the State of Was~n~on
~IIIIEI -
Exhibit "D"