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HomeMy WebLinkAbout5402 ORDINANCE NO. 5 4 0 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND BOB TOZER OF BELLA HOMES. WHEREAS, BOB TOZER, of BELIZ. A HOMES is the owner of property to be developed between 112TM Avenue SE and 116th Avenues SE, and between SE 295th and 298th Streets in the Lea Hill Annexation Area within the City of Auburn's Potential Annexation Area; and WHEREAS, BOB TOZER, of BELLA HOMES is applying to King County for a development agreement; and WHEREAS, Application No. WSC00-0003 was submitted to the City of Auburn, Washington, on March 3, 2000 requesting water and sewer availability certificates; and WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of obtaining water and/or sewer service, a legally binding agreement to support annexation to the City at such time as City deems annexation appropriate, and requires agreement to comply with appropriate City development standards and public facility specifications; and WHEREAS, RCW 36.70B.170 defines such an agreement as a development agreement; and Ordinance 5402 05/26/00 Page 1 WHEREAS, RCW 36.70B.200 requires approval of development agreements only after a City has held a public hearing; and WHEREAS, the City of Auburn City Council has designated the Planning and Community Development Committee as the appropriate body to hold required public hearings; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of the public hearing, the Planning and Community Development Committee at a public meeting held on May 22, 2000, conducted a public hearing on the application; and WHEREAS, at the h~aring the Planning and Community Development Committee in considering the application heard public testimony and accepted evidence and exhibits regarding the development; and WHEREAS, BOB TOZER, BELLA HOMES who is the owner of property within the City of Auburn's Lea Hill Potential Annexation Area understands and agrees water and sewer services to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, King County has indicated it will not be able to accept a certificate of sewer availability from the City that was not in the King County Ordinance 5402 05/26/00 Page 2 system prior to October 26, 1999 until such time as the City has an approved sewer comprehensive plan; and WHEREAS, at this time the City does not have an approved sewer comprehensive plan, and WHEREAS, thereafter, the Planning and Community Development Committee, based upon the Findings of Fact contained herein, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water and/or sewer availability certificates; and WHEREAS, the City Council, based upon the Findings of Fact contained herein, voted to approve the Development Agreement, and to allow a modification to City standards for lot layout, as requested. The Council confirmed that the plat should meet all City street standards. FINDINGS OF FACT 1. Bob Tozer of Bella Homes has applied for Water and Sewer Certificates of Availability for a property in the Lea Hill annexation area. The applicant anticipates developing 14 homes on 14.4 acres. The site will also include stormwater detention facilities and open space. 2. Water service will require the following improvements to the water system: a. Approximately 300 feet of water main to reach the site; and b. The construction of a distribution system on the site including an 8" watedine on-site that should be looped. 3. Sewer service will require: a. Approximately 650 feet of sewer trunk or lateral to reach the site; and b. Construction of an 8" gravity sewer main on-site to serve all lots. Ordinance 5402 05/26/00 Page 3 4. The entrance to the property is from 112th Avenue SE, alon the proposed SE 296th Street. The site layout includes a short length of 114~ Avenue SE, which will provide a future road connection in the event of development just south of this parcel. This would create a connection to the recently completed Carrington neighborhood to the south. As shown on the drawing, however, it appears that the proposed 114th Avenue SE, when extended south, would pass through an existing house. Further research needs to be conducted to determine the best alignment for this street. The City has requested that sufficient right-of-way be dedicated along the 116th Avenue alignment so that future road construction would not be precluded. The applicant has indicated this on the drawing. 5. The site plan submitted with the application is generally consistent with the requirements of the City with the exceptions listed below, for which the applicant has requested modifications to City standards. Re~luest for Modification to City Standards Modifications to City standards have been requested for the three circumstances described below: a. Sidewalks: The applicant has requested to omit sidewalks and a landscaping strip on the north side of S. 296th Street because there are no homes on this side, and there are transmission lines overhead. This would result in a right-of-way dedication 40 feet wide instead of the standard 50 feet. b. Cul-de-sac: The cul-de-sac street as shown is approximately 950 feet long. Auburn's standard is a maximum of 600 feet. The applicant has whether 1 t ' ' foreseeable future. Therefore, a cul-de-sac is necessary to access the east part of the site. c. Lots 13 and 14: The applicant is proposing two lots north of the Bonneville Power Administration transmission lines. These lots, numbers 13 and 14, do not have frontage on a public street, as required by City standards. Their sole access is by access easements, which are located under the transmission lines, and are more than 250 feet in length. This exceeds the City standard of 100 feet, which is necessary to provide Ordinance 5402 05/26/00 Page 4 emergency access to the site, as well as to minimize turnaround distances for emergency vehicles. Guidance for allowing modifications is found in Ordinance No. 4872, which established the procedures for water and sewer availability applications. Each of the three Requests for Modification need to be consistent with the Findings of Fact criteria in this ordinance. The applicable section of the ordinance, with criteria for allowing modifications is referenced below. Findings of fact are presented for each request for modification. 14.18.70 Findings of fact B. Modifications to City standards may be granted only if findings of fact are drawn to support the following: 1. Special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; or Sidewalks: The transmission lines makes it impossible to develop residential units on both sides of the mad, as other properties would normally be able to develop. Cul-de-sac: The long, linear shape of the property and the absence of a street to provide a through connection at the east end of the property limit the applicanrs ability to access his entire property, as other property owners are able to do. Lots 13 and 14: Other property owners have not been allowed to develop lots without public street frontage, or with comparable access easements. 2. That, because of special circumstances, the development of the property in strict conformity with City standards with City standards will not a/low a reasonable and harmonious use of the property; or Sidewalks: Strict conformance to City standards would create sidewalks in a location where there is not a reasonable need, and Ordinance 5402 05/26/00 Page 5 street trees in a situation where conflict with power lines is a potential. Cul-de-sac: Strict conformance to City standards would not allow reasonable use of the property, since a large part of it would be inaccessible. Lots 13 and' 14: Reasonable and harmonious use of the property is not impaired by City standards, as at least 12 lots could still be developed. 3. When applying City standards will result in a distinct "discontinuity" with adjacent development which was previously approved or constructed to King County standards; or Sidewalks: Other development in the area does not include sidewalks or landscaping under the transmission lines. CuPde-sac: Other properties in the Lea Hill area have been allowed to have cuPde-sacs up to 1000 feet long under King County standards. Lots 13 and 14: Applying City standards will not create a discontinuity with adjacent development. 4. When applying City standards puts the developer in a position where King County will not allow that development to take place. Sidewalks: King County and power companies do not support planting trees beneath transmission lines. CuPde-sac: Applying City standards does not put the applicant in a position where King County will not allow the development to take place Lots 13 and 14: King County would allow the development to take place, as 12 lots could still be developed. The request for modifications to the City's sidewalk and cul-de-sac standards satisfy the criteria for modifications per ACC 14.18.70. The request to modify Ordinance 5402 05/26/00 Page 6 -street frontage and maximum access easements lengths for lots 13 and 14 do not. 6. The contents of the case file, WSC00-0003, are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS Staff has concluded that the Water and Sewer Certificates of Availability may be approved in that the application is consistent with the following criteria necessary to grant the permit as outlined in Section 14.18.070 of the Auburn City Code. 1. The development is consistent with City development standards. The proposed development is generally consistent with City development standards, with the exceptions listed in Number 5 above. Requests for modification to the City's sidewalk and cul- de-sac standards are warranted. Modifications to the City's street frontage and maximum access easement distance for Lots 13 and 14 are not and must therefore be complied with. 2. The development is consistent with the City Comprehensive Plan. The Comprehensive Plan designates this area as Single Family Residential; the proposed project is consistent with this designation. 3. The property cannot be annexed immediately. The property is more than ¼ mile from the existing City limits, and is surrounded by properties within King County. CONDITIONS 1. The proposed 114th Avenue SE shall be roaligned as needed to connect with streets to the south, and to avoid substantial buildings where possible. Ordinance 5402 05/26/00 Page 7 2. Lots 13 and 14 as shown (north of the transmission lines) will not be provided with water and sewer service unless they are accessed from the north. 3. The proposed 114th Avenue SE shall be realigned as needed to connect with streets to the south, and to avoid substantial buildings were possible. This road shall be paved, and a barricade that restricts vehicular traffic shall be placed at its southernmost edge. Planning and Community Development Committee Action: The Committee conducted a public hearing on May 22nd, and recommended approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above-cited Findings of Fact are herewith approved and incorporated in this Ordinance. Section2. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City and BOB TOZER, of BELLA HOMES. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. 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 5402 05/26~00 Page 8 INTRODUCED: ,.Tu~e 5, 2000 PASSED: June 5, 2000 JLu'xe 5, 2000 APPROVED: CHARLES A. BOOTH MAYOR ATTEST: a~n~elle E. Daskam, City Clerk APPROVED AS TO FORM: M~ hace~ City Attorney Published: /~,/e/gt..~ Ordinance 5402 05/26/00 Page 9 ~ ' I SCHRRI'I RG 1 S. ee PGIGE eel OF 812 e?/t4/2eee 11:33 KING COUNTY, uR DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) Return Address City of Auburn Plannin.a Dept. 25 West Main Street Auburn, WA 98001 WSC 00-0003 Parcel NumberJs) 052105-9019 / 052105-9046 / 052105-9127 Additional le.clal on page 12' The Agreement executed herein between the .City of 'Auburn, WashingIon, a municipal corporation, hereinafter referred to as "CITY" and J)ohHJL Tozer and the'heirs, assigns, and/or successors in interest of certain properly, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility'service by the CITY to certain propedy of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition, for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to .the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. Ordinance -5402 Exhibit "A" WSC00-0003 08~06~00 Page t 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.3.1. The OWNER understands that King County has indicated it will not be able to accept a Certificate of Sewer Availability at this time. 1.4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY. 1.8. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires that such extensions be conditioned on annexation or efforts toward annexation. Ordinance -5402 Exhibit "A" WSC00-0003 06/06/00 Page 2 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1 12. The OWNER does hereby acknowledge that in the event of violation ' or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as if set fodh in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION Ordinance -5402 Exhibit "A" WSC00-0003 06~06~00 Page 3 The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CfTY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. Ordinance -5402 Exhibit "A" WSC00-0003 06~06~00 Page 4 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as QWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation Ordinance -5402 Exhibit "A" WSC00-0003 06~06/00 Page 5 covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide water and sewer utility services to the PROPERTY, and in recognition of the CITY"s conditions for annexation of the PROPERTY, does hereby agree to comply with the following: 4.1. The proposed 114th Avenue SE shall be realigned, as needed, to connect with streets to the south, and to avoid substantial buildings where possible. This road shall be paved, and a barricade that restricts vehicular traffic shall be placed at its southernmost edge. 4.2 Lots 13 and 14 as shown (nodh of the transmission lines) will not be provided with water and sewer service unless they are accessed from the Nodh. 4.3 All applicable development standards will be complied with. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the Ordinance -5402 Exhibit "A" WSCO0-OOO3 06~06~00 Page 6 event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any Ordinance -5402 Exhibit "A" WSC00-0003 06~06~00 Page 7 claims that any subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and costs. 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parries set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parries of interest and future parries of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parries to be severable. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as of this __day of ,2000. Ordinance -5402 Exhibit "A" WSC00-0003 06~06~00 Page 8 CITY OF AUBURN CHARLES A. BOOTH MAYOR A'F[EST: City Clerk A.. .~RM: Michael J. Reynolds, City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF KING On this day of -,) ,2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BC)QTH and DANIFI. LF DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated th ~ ~/~horized to execute said instrument on behalf of said corporation. ~ · ,, Ordinance -5402 Exhibit "A" W8C00-0003 06~06~00 Page 9 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. NAME NOTARY PUBLIC in and for the State of Washington, residing at ~ ~-0 MY COMMISSION EXPIRES:/~- ¢?-/~-3 OWNER: ~e~a, Tozer BY REPRESENTATIVE: Owner TITLE STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this / / day of qUorth~ ,2000, before me, the undersigned, a Notary Public in and f tate of Washington, duly commissioned and sworn, personally appearedber,~Tozer, the Owner of said property, the REPRESENTATIVE that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Ordinance -5402 Exhibit "A" WSC00-0003 06~06/00 Page 10 OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Z~ ~.~ ~' ~ o I , (Printed Name) ' "~' MY COMMISSION EXPIRES: Ordinance -5402 Exhibit "A" WSCO0-O003 06~06/00 Page 11 ATTACHMENT A LEGAL DESCRIPTION: Auburn Place PARCEL A: THE NORTH HALF OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL B: THE SOUTH HALF OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL C: THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY~ WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 439188; AND EXCEPT THAT PORTION LYING WITHIN 112TM AVENUE S.E. Ordinance -5402 Exhibit "A' WSC00-0003 06106/00 Page 12