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HomeMy WebLinkAbout5455ORDINANCE NO.5 4 5 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY AND/OR PROPERTY RIGHTS, ACQUISITION OF ANY NECESSARY EASEMENTS AND/OR EASEMENT RIGHTS AND/OR TEMPORARY CONSTRUCTION EASEMENTS BY EMINENT DOMAIN, PROVIDING FOR THE PAYMENT THEREOF; AUTHORIZING THE CITY ATTORNEY TO PREPARE A PETITION FOR CONDEMNATION IN THE SUPERIOR COURT IN AND FOR THE COUNTY OF KING AND FOR THE PROSECUTION THEREOF FOR THE ACQUISITION OF SUCH PROPERTY AND PROPERTY RIGHTS IN PROPERTY LYING GENERALLY EAST OF SR 167 AND NORTH OF THE CURRENT NORTHERLY EDGE OF THE SOUTH 277TH STREET RIGHT OF WAY, TAX PARCEL NUMBERS 000680-0036 AND 000680-0054, THAT ARE NECESSARY FOR CITY PROJECT PR 562. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, the City Council passed Ordinance 5196 authorizing the Mayor and City Clerk to execute documents necessary to complete the purchase of property and relocation of inhabitants related to City project PR 562; and WHEREAS, it is necessary to complete the purchase of property and property rights and/or to determine just compensation for property or property rights to be damaged or used for purposes related to City project PR 562; and WHEREAS, the City of Kent approved Ordinance No. 3529, which authorized condemnation of all property and property rights within the City of Kent's jurisdiction necessary for the construction of City project PR 562, Ordinance No. 5455 November 20, 2000 Page 1 including that certain real property lying generally east of SR 167 and north of the current northerly edge of the South 277th Street right of way, Tax Parcel Numbers 000680-0036 and 000680-0054; and WHEREAS a true and correct copy of Kent Ordinance No. 3529 is attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth; and WHEREAS, City of Kent Ordinance No. 3529 authorized the Kent City Attorney to tender all condemnation authority and procedures to the City of Auburn if the Kent City Attorney determined that Auburn's control over the proceedings best serves the South 277th improvement project; and WHEREAS, the Kent City Attorney tendered all of Kent's condemnation authority and procedures to the City of Auburn by letter dated November 17, 2000 for the condemnation of Tax Parcel Numbers 000680-0036 and 000680- 0054; and WHEREAS a true and correct copy of the Kent City Attorney's letter tendering condemnation authority is attached hereto as Exhibit B and incorporated herein by this reference as if fully set forth; and WHEREAS, the City of Auburn desires to accept the tender of Kent's condemnation authority and procedures with regard to Tax Parcel Numbers 000680-0036 and 000680-0054; and Ordinance No. 5455 November 20, 2000 Page 2 WHEREAS, the policies and procedures in regard to negotiations for acquisition and/or damage or use of property rights and/or relocation for property owners related to City project PR 562 is governed by federal and state legislation and are strictly adhered to; and WHEREAS, should negotiations fail to result in reaching an agreement, the City Attorney, or counsel selected by the City Attorney, is authorized to prepare petitions for condemnation to be filed in the King County Superior Court for the acquisition of property and property rights and/or determinations of just compensation for property or property rights to be damaged or used as it becomes necessary for the construction of South 277th Street - Reconstruction Project (PR 562). NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The City Council finds the acquisition of certain property and property rights and/or determination of just compensation for damage or use of property is necessary and for a public purpose and use, i.e. South 277th Street - Reconstruction Project (PR 562). The City Council finds that the following properties and/or property rights should be acquired and/or damaged or used for Reconstruction Project (PR 562): Ordinance No. 5455 November 20, 2000 Page 3 A partial taking of a portion of property that lies on Tax Parcels 000680- 0036 and 000680-0054, which is legally described at Exhibit C hereto. A permanent easement affecting Tax Parcels 000680-0036 and 000680- 0054, which is legally described at Exhibit D hereto. A temporary construction easement affecting Tax Parcels 000680-0036 and 000680-0054, which is legally described at Exhibit E hereto. Each Exhibit is incorporated herein by this reference as if fully set forth. Section 2. Authority. The City of Auburn is authorized by laws and statutes of the State of Washington to appropriate lands and property rights through the exercise of its rights of eminent domain within and without its corporate limits necessary for the above -stated purpose. Section 3. The City Attorney, or counsel selected by the City Attorney, is hereby authorized and directed as follows: To commence condemnation proceedings, when negotiations fail to result in reaching any agreement, against the owner(s) and all other parties in interest in the hereinabove described lands and improvements, if any, property rights and/or determination of just compensation for damage or use of property related to the South 277th Street Reconstruction Project (PR 562) as provided by law; to prepare the necessary petition for condemnation; to commence and prosecute such action in the Superior Court in and for the County of King against all the owners and Ordinance No. 5455 November 20, 2000 Page 4 interested parties in the hereinabove described property; to obtain immediate possession and use and to acquire the above described property and property rights for the City of Auburn. Such proceedings shall be to determine the just compensation for the appropriation of such property and property rights and/or for damage or use of the above described property by the City of Auburn. Section 4. Compensation for the acquisition of said property and property rights shall be from a combination of Federal, State, Port of Seattle, and Port of Tacoma Funding Agency Agreements, from Transportation Improvement Board, and from City of Auburn funds. Section 5. Constitutionality or Invalidity. if any section, subsection clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Ordinance No. 5455 November 20, 2000 Page 5 ection 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to cant' out the directions of this legislation. Section 7. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED: Nor 20, 2000 PASSED: November 20, 2000 APPROVED: Novenber 20, 2000 CHARLES A. BOOTH MAYOR ATTEST- Danielle TT EO�C��a1-6c+o�(LC.s Danielle E. Daskam, City Clerk A P O,V D S TO ORM: Michael J. Reynolds, City Attorney PUBLISHED: "/�716b Ordinance No. 5455 November 20, 2000 Page 6 ORDINHANCE NO. .552y AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of certain properties and/or property rights in order to construct, extend, widen, improve, alter, maintain and reconstruct a portion of Southeast 277th Street, lying generally east of SR 167 and north of the of the current northerly edge of right-of-way; providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purpose; providing for the payment thereof out of the 277th Street Project Fund; and directing the City Attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements; all of said property located within King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, ORDAINS AS FOLLOWS: SECTION 1. After hearing the report of City staff, and after reviewing planned improvements for Southeast 277th Street (the "Project"), the City Council fi and declares that the public convenience, use, health, safety and necessity demand that City of Kent condemn, appropriate, take and damage all or portions of certain properties located in King County, Washington, in order to acquire the necessary prop and/or property rights for the construction of the Project, including all neces: appurtenances. These properties are legally described in Exhibits A and B, attached incorporated by this reference (the "Properties"). The purposes for which condemnation is authorized shall include, without limitation, all acts necessary to comp Ordinance No. 5455 Exhibit A 1 277th Street Corridor Condemnation -Auburn the construction, extension, improvement, widening, .alteration, maintenance and reconstruction of the Project, including improvements for drainage, curbs and gutters, sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical facilities, utilities, utility adjustments and relocations, and any other street or municipal purposes that may become necessary from time to time on the Properties. SECTION2. The City authorizes the acquisition by condemnation of all or a part of the Properties for the construction, extension, improvement, widening, alteration, maintenance and reconstruction of the Project, including acquisition of property and/or property nights, together with all necessary appurtenances and related work to make a complete improvement according to approved standards. SECTION 3. The City shall condemn the Properties only after j compensation has first been made or paid into court for the owner or owners in the prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition condemnation provided for in this ordinance through the City's "277th Street Project" or from any of the City's general funds, if necessary, as may be provided by law. SECTION S. The City authorizes and directs the City Attorney commence those proceedings provided by law that are necessary to condemn the Properties. The City further authorizes the City Attorney to tender all condemnation authority an procedures to the City of Auburn and/or its designated agent, if the Kent City Attorney determines that Auburn's control over the proceedings best serves the Project. In commencing these condemnation procedures, the City Council authorizes the Kent City Attorney, or his designee, to enter into settlements, stipulations or agreements in order t minimize damages, which settlements, stipulations or agreements may include, but not b limited to, the amount of just compensation to be paid, the size and dimensions of the 2 i 277th Street Corridor Condemnation -Auburn property condemned, and the acquisition of temporary construction easements and property interests. SECTION 6. Any acts consistent with the authority and prior to effective date of this ordinance are ratified and confirmed. SECTION 7. The provisions of this ordinance are declared to be and severable. The invalidity of any clause, sentence, paragraph, subdivision, section portion of this ordinance, or the invalidity of the application thereof to any person circumstances shall not affect the validity of the remainder of this ordinance, or the valid of its application to other persons or circumstances. SECTION 8. This ordinance, being the exercise of a power delegated to the City legislative body, is not subject to referendum, and shall take and be in force five (5) days after publication as approved by law. ATTEST: 0-c..� BRENDA JACOBER, Y CLERK APPROVED AS TO FORM: Y CITY ATTORNEY Lk18o��cC-{- 3 277th Street Corridor Condemnation - Auburn PASSED the % day of / L -i , 2000. APPROVED the % day of � , 2000. PUBLISHED the _ day of , 2000. I hereby certify that this is a true and correct copy of Ordinance No. 35-� passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. PACMWo m..\cavoena+AUBMu.zn.m BRENDA JACOB , CITY CLERK 4 277th Street Corridor Condemnation -Auburn Order No. 413987 A.L.T.A. COMMITMENT SCHEDULE A - Page 2 The land referred to in this commitment is situated in the county of King, State of Washington, and described as follows: That portion of the John M. Thomas Donation Claim No. 42 in Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the northwest corner of said Section 36; Thence south 2°12'55" west along the west line thereof 653.21 feet; Thence south 88°38'15" east 1324.79 feet to the east margin of Frontage Road and the TRUE POINT OF BEGINNING; Thence continuing south 88°38'15" east 485.79 feet to a point south 2°12'55" west 653.21 feet and south 88'38'15" east 1810.48 feet from the northwest corner of said Section 36, and also being a corner of Tract 3 of City of Kent Short Plat Number 79-16, recorded under Recording Number 7908090932; Thence along the easterly and southerly line of said Tract 3 the following two courses: Thence north 01021'45" east, 385.18 feet; Thence south 88043'27" east 538.89 feet; Thence continuing south 88'43'27" east, along the easterly extension of the southerly line of said Tract 3, 140 feet, more or less, to the west line of the Puget Sound Electric Railway right of way; Thence south 1014146 west along said west line 898.84 feet to the north margin of South 277`° Street; Thence north 89'01124" west along said north margin 324.37 feet; Thence north 81037'00" west 146.22 feet to the point of curvature of a curve to the right having a radius of 37 feet; Thence northwesterly along the arc of said curve, through a central angle of 82'35'36", a distance of 53.34 feet; Thence north 00'58136" east 17.46 feet to the point of curvature of a curve to the left having a radius of 127 feet; Thence northwesterly along the arc of said curve, through a central angle of 90', an arc distance of 199.49 feet; Thence north 89001124" west 102.09 feet to the point of curvature of a curve to the right having a radius of 360 feet; Thence northwesterly along the arc of said curve, through a central angle of 48050133", a distance of 306.89 feet to intersect the east line of an existing Frontage Road; (continued) EXHIBIT A Order No. 413967 A.L.T.A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: Thence northwesterly along said line, being the arc of a curve to the right having a radius of 680 feet, the radial center of which bears north 56°30'16" east 680 feet from the last mentioned point, through a central angle of 17°37'40", a distance of 209.21 feet to Frontage Road Station FR16+68.51 P.T.; Thence north 15°52104" west along the easterly line of said Frontage road 18.08 feet to the point of curvature of a curve to the right having a radius of 1430 feet; Thence northerly along the arc of said curve, through a central angle of 15°24116", a distance of 384.47 feet to the TRUE POINT OF BEGINNING; EXCEPT the east 140 feet thereof. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: The fallowing may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Ptn. John M. Thomas D.C. No. 42 That portion of the John M. Thomas Donation Claim No. 42 being operating property being 140 in width lying within the west half of Section 2S, Township 22 North, Range 4 East, W.M., in King County, Washington and the Northwest quarter of Section 36, Township 22 North, Range 4 East, W.M. lying westerly of 100 foot right away for PSPL and southerly of South 262" Street and northerly of South 277" Street pursuant to a Department of Revenue. Letter February 3, 1988. EXHIBIT B KENT W�SNINQTON LEGAL Roger A. Lubovich City Attorney Phone: 253-856-5770 Fax: 253.856-6770 220 Fourth Ave. S. Kent, WA 98032-5895 November 17, 2000 Michael J. Reynolds, City Attorney City of Auburn 25 West Main Street Auburn, WA 98001-4998 Re: Planned Improvements for South 277th Street Dear Mr. Reynolds: As you know, the City of Kent approved Ordinance No. 3529 oa November 7, 2000. In that ordinance, Council authorized the condemnation of portions of real property owned by Southern Pacific Transportation Company, successor to Union Pacific Railroad Company and to Oregon - Washington Railroad & Navigation Company ("Union Pacific"), in order acquire the necessary property rights for the planned improvements to South 277th Street. Council also authorized me to tender all of Kent's condemnation authority and procedures to the City of Auburn or its designated agent, if I determine that Auburn's control over the proceedings best serves the Project. A true copy of Ordinance No. 3529 is attached. I understand that Auburn has been and continues to be actively acquiring properties and property rights along the South 277`h Street corridor. I further understand that Auburn has been in negotiations with and will likely proceed to condemnation against Union Pacific or its successors and assigns, in order to acquire an aerial easement, surface easements, drainage easements, and temporary construction easements necessary to complete the project. Because Auburn has begun negotiations with Union Pacific, is familiar with the needs of the project, and is preparing to file a condemnation action against Union Pacific regarding other property rights, it is reasonable that Auburn be granted the City of Kent's condemnation authority with respect to the parcel named in Kent Ordinance No. 3529. Therefore, I hereby tender to the City of Auburn all condemnation authority vested in the City of Kent by statute and other legal authority, solely for the purpose of acquiring the property and/or property rights specified in Kent Ordinance No. 3529. Ordinance No. 5455 Exhibit B Michael J. Reynolds, City Attorney City of Auburn November 17, 2000 Page: 2 Please indicate your acceptance of this tender on behalf of the City of Auburn by signing below and returning an executed original to me. Thank you for your cooperation in this matter. Sincerely, Tom Brubaker Deputy City Attorney TB:rc Encl. cc: Don Wickstrom, Public Works Director Tim LaPorte, Design Engineer Manager Accepted and agreed to this 'ZG day of November, 2000. (CI�TjY(OF AUBURN Michael J. R olds City Attorney P.1CIMMILMOPm ik$WS24Wgao Ur. Page 2 EXHIBIT C PARCELS 4 & 6 FEE ACQUISITION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL", LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL", AT S. 277TH ST. STATION 31+33.60,36.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 32+27.10,36.00 FEET LEFT; THENCE EASTERLY TO S. 277T" ST. STATION 33+63.46,32.10 FEET LEFT; THENCE EASTERLY TO S. 277T" ST. STATION 34+34.49, 30.07 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 34+57.00,35.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 34+93.67, 35.00 FEET LEFT; THENCE EASTERLY TO S. 277' ST. STATION 35+03.48, 34.95 FEET LEFT, ON THE EASTERLY BOUNDARY OF SAID TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE. CONTAINS 0.03 ACRES MORE OR LESS THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. Ordinance NO. 5455 Exhibit C EXHIBIT D PARCELS 4 & 6 PERMANENT EASEMENT FEE ACQUISITION: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL", LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE 'TOTAL PARCEL", AT S. 277" ST. STATION 31+33.60, 36.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 32-27.10,36.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 33+63.46,32. 10 FEET LEFT; THENCE EASTERLY TO S. 277' ST. STATION 34+34.49,30.07 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 34+57.00,35.00 FEET LEFT; THENCE EASTERLY TO S. 277", ST. STATION 34+93.67, 35.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 35+03.48,34.95 FEET LEFT, ON THE EASTERLY BOUNDARY OF SAID TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE. PERMANENT EASEMENT AN EASEMENT IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE " TOTAL PARCEL", LYING NORTHERLY OF THE ABOVE DESCRIBED FEE ACQUISITION LINE AND SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE ABOVE DESCRIBED TOTAL PARCEL, AT S. 277' ST. STATION 30+04.17, 72.86 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 31+17.54,5239 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 31+45.97,48.38 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 31+77.38, 44.43 FEET LEFT; THENCE EASTERLY TO S. 277TH ST, STATION 31+97.32,42.69 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 32+11.63, 42.05 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 32+41.63, 41.89 FEET LEFT: THENCE EASTERLY TO S. 277TH ST. STATION 33+63.51, 42.13 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 34+93.11, 42.39 FEET LEFT; THENCE NORTHERLY TO S. 277' ST. STATION 34+93.15, 45.72 FEET LEFT; THENCE EASTERLY TO S. 277' ST. STATION 35+03.54,46.90 FEET LEFT, ON THE EASTERLY BOUNDARY OF SAID TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. Ordinance No, 5455 Exhibit D EXHIBIT E PARCELS 4 & 6 TEMPORARY CONSTRUCTION EASEMENT AN EASEMENT IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL", LYING WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE ABOVE DESCRIBED TOTAL PARCEL, AT 72ND AVE. S. STATION 20+11.34,37.68 FEET RIGHT, THENCE NORTHEASTERLY TO 72ND AVE. S. STATION 20+10.49,45.87 FEET RIGHT, THENCE SOUTHEASTERLY TO 72ND AVE. S. STATION 18+36.19, 40.84 FEET RIGHT; THENCE SOUTHEASTERLY TO 72ND AVE. S. STATION 17+66.88,42.71 FEET RIGHT; THENCE SOUTHEASTERLY TO 72ND AVE. S. STATION 17+19.41, 39.75 FEET RIGHT; THENCE SOUTHEASTERLY TO 72ND AVE. S. STATION 16+92.25,38.73 FEET RIGHT; THENCE SOUTHEASTERLY TO 72ND AVE. S. STATION 16+70.20,38.69 FEET RIGHT; THENCE SOUTHEASTERLY TO 72ND AVE. S. STATION 16+29.67,42.97 FEET RIGHT; THENCE SOUTHEASTERLY ALONG A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 347.00 FEET TO 72ND AVE. S. STATION 13+54.85, 43.72 FEET RIGHT; THENCE EASTERLY TO 72ND AVE. S. STATION 12+53.43,44.49 FEET RIGHT; THENCE SOUTHEASTERLY ALONG A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 140.00 FEET TO 72'D AVE. S. STATION 11+01.69,43.30 FEET RIGHT; THENCE SOUTHERLY TO 72'`D AVE. S. STATION 10+71.01,46.46 FEET RIGHT; THENCE NORTHWESTERLY TO S. 277TH ST. STATION 30+04.17,72.86 FEET LEFT, ON THE WESTERLY BOUNDARY OF SAID TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING NUMBER 19990708900014, KING COUNTY RECORDS. Ordinance No. 5455 Exhibit E