HomeMy WebLinkAbout5656ORDINANCE NO. 5 6 5 6
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 THE GREEN RIVER COMMUNITY COLLEGE,
GREEN RIVER COMMUNITY COLLEGE FOUNDATION AND THE
WASHINGTON DEPARTMENT OF NATURAL RESOURCES.
WHEREAS, GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER
COMMUNITY COLLEGE FOUNDATION and the WASHINGTON
DEPARTMENT OF NATURAL RESOURCES, owners of property to be
developed at NE corner intersection between SE 320th Street and 124th Avenue
SE within the City of Auburn's Potential Annexation Area; and
WHEREAS, GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER
COMMUNITY COLLEGE FOUNDATION and WASHINGTON DEPARTMENT
OF NATURAL RESOURCES are applying to King County for a development
agreement; and
WHEREAS, Application No. WSCO2-0003 was submitted to the City of
Auburn, Washington, on February 13, 2002, 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
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Ordinance No. 5656
April 11, 2002
Page 1
agreement to support annexation to the City at such time as the City deems
annexation appropriate, and requires agreement to comply with appropriate
City development standards and public facility specifications; and
WHEREAS, RCW 36.7013.170 defines such an agreement as a
development agreement; and
WHEREAS, RCW 36.706.200 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 April 8, 2002,
conducted a public hearing on WSCO2-0003 application; and
WHEREAS, at the hearing the Planning and Community Development
Committee in considering the application heard public testimony and accepted
evidence and exhibits regarding the development; and
WHEREAS, GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER
COMMUNITY COLLEGE FOUNDATION and WASHINGTON DEPARTMENT
OF NATURAL RESOURCES who are the owners of property within the City of
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Ordinance No. 5656
April 11, 2002
Page 2
Auburn 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, at this time the City does not have an approved water and
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.
FINDINGS OF FACT
1. Proposal. Green River Community College and The Green River
Community College Foundation are proposing to construct approximately 86
units of student housing to be built in 9 buildings on 20.1 acres of property.
The property, while largely vacant, is also currently used for parking and a
house that has been converted into the GRCC Foundation Office. The
properties are zoned R4 and R6 in King County. The applicant has indicated
that the proposed use of the site is a permitted use under King County's
zoning.
2. Auburn Comprehensive Plan and Pre -Zoning. The property is
designated "Single Family Residential" on the City of Auburn
Comprehensive Plan Map and is pre -zoned by the City as LHR1 and LHR2.
3. Water and Sewer service is available at the property. The Public
Works Department has determined that sewer and water service is or can
be made available to the property.
4. The proposal is consistent with City development standards. Based
on City's review and comment on the applicant's initial submittal, the
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Ordinance No. 5656
April 11, 2002
Page 3
applicant revised their site plan to meet City Development Standards, and
has also agreed with the following conditions:
Individual side sewer permits will be required for each building;
connections will be shown on permit submittal construction drawings.
Sewer and water shall be installed to City standards, subject to
applicable connection charges and also possibly an easement
requirement.
The private stormwater collection system shall be inspected by the
City of Auburn, and an inspection deposit will be required and collected.
Adequate fire access, through the provision of vehicle access and the
appropriate fire hydrants, shall be provided to each building on the site,
and all fire lanes shall be clearly marked and/or signed.
A 65 -foot diameter turnaround shall be constructed at the end of the
fire access lane on the east side of the development.
No modifications to City development standards were requested for the
proposal by the applicant.
5. The proposal is consistent with the City Comprehensive Plan. In
accordance with City policy for annexation and expansion of city services;
the proponent has demonstrated that:
adequate urban services will be provided to the development;
development will comply with King County standards for zoning and
permitting; and
the City shall be allowed to review and inspect construction of all
public improvements, regardless of eventual ownership.
The property has also been prezoned by the City to the zoning designation
most consistent with the existing King County zoning designation.
6. The property cannot be annexed immediately. The property is not
adjacent to existing City limits, and there are several intervening parcels. The
property cannot therefore be annexed immediately.
CONCLUSIONS
1. The findings of fact indicate that the proposal, if conditioned, is
consistent with City Comprehensive Plan Policy CE -3.
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Ordinance No. 5656
April 11, 2002
Page 4
2. The proposal satisfies the approval criteria for granting a water/sewer
certificate identified in Auburn City Code (ACC) 14.18.070 A.
3. No modifications to city development standards were requested.
RECOMMENDED CONDITIONS
That the Planning and Community Development Committee recommend to the
City Council approval of the development agreement which will enable the
issuance of water and sewer availability certificate subject to the following
conditions.
1. Individual side sewer permits will be required for each building;
2. Sewer and water shall be installed to City standards, subject to
applicable connection charges and also possibly an easement
requirement.
3. Adequate fire access, through the provision of vehicle access and the
appropriate fire hydrants, shall be provided to each building on the site,
and all fire lanes shall be clearly marked and/or signed.
4. A 65 -foot diameter turnaround shall be constructed at the end of the fire
access lane on the east side of the development.
5. All other applicable city development standards shall be complied with.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The above-cited Findings of Fact, Conclusions
and Conditions are herewith approved and incorporated in this Ordinance by
this reference.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase 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
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Ordinance No. 5656
April 11, 2002
Page 5
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 nay one or more
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Section 3. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute the Development Agreement
between the City and GREEN RIVER COMMUNITY COLLEGE, GREEN
RIVER COMMUNITY COLLEGE FOUNDATION and WASHINGTON
DEPARTMENT OF NATURAL RESOURCES, Owners. A copy of said
Agreement is attached hereto as Exhibit "A" and incorporated herein by
reference.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 5. 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: April 15, 2002
PASSED: April 15, 2002
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Ordinance No 5656
April 11, 2002
Page 6
APPROVED: April 15, 2002
PETER B. LEWIS,
MAYOR
ATTEST:
14 1
Danielle E. Daskam,
City Clerk
APPR VE T F
D niel B. Heid,
City Attorney
Published: ^t'-1 9-,Q,2,
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Ordinance No. 5656
April 11, 2002
Page 7
JUN 2 0 2002
CIN 0f A)BU CE
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OOUWNTY, Wq
MS. KARA HEFLEY
GREEN RIVER COMMUNITY COLLEGE FOUNDATION
12401 SE 320th STREET
AUBURN, WA 98092
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
DOCUMENT TITLE(S) (or transactions contained therein):
Development Agreement
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
N/A
❑ Additional reference #s on page ___ of document(s)
GRANTOR(S) (Last name first, then first name and initials)
Green River Community College, The Green River Community College Foundation, and
The Washington State Department of Natural Resources
❑ Additional names on page _ _ of document
GRANTEE(S) (Last name first, then first name and initials)
The City of Auburn
❑ Additional names on page __ of document
LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range)
Portion SW SE 09 21N 05E, Portion NW NE 16 21N 05E
Additional legal is on page _12_ of document
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS
092105-9164, 092105.9215, 162105.9003 (part)
❑ Asscssor Tax # not yet assigned
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Plannina Dept 25 West Main Street
Auburn, WA 98001
WSC 02-0003
Parcel Number(s) 092105-9164. 092105-9215. 162105-9003 (part)
Additional legal on page 10
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Green River Community College, The Green River Community College
Foundation, The Washington State Department of Natural Resources and the
heirs, assigns, and/or successors in interest of certain property, hereinafter
referred to as "OWNER", is for and in consideration of the furnishing of utility
service by the CITY to certain property 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.
1.2. The OWNER is seeking building permit approval from King County for
development of the PROPERTY with student housing in multiple -unit buildings.
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
WSCO2-0003
ORD 5656
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limited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
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.
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
WSCO2-0003
ORD 5656
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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 hereby described as follows: NE corner intersection between SE
320th Street and 124th Avenue SE
The PROPERTY is legally described in Attachment A, attached hereto and represented
by reference as if set forth in full. The OWNER warrants that Attachment A is correct as
fully describing subject PROPERTY.
3. PETITION AND COVENANT FOR ANNEXATION
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 CITY
WSCO2-0003
ORD 5656
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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.
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 OWNER'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
WSCO2-0003
ORD 5656
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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
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. Individual side sewer permits will be required for each building;
4.2. Sewer and wafer shall be installed to City standards, subject to
applicable connection charges and also possibly an easement
requirement.
4.3. Adequate fire access, through the provision of vehicle access and
the appropriate fire hydrants, shall be provided to each building on
the site, and all fire lanes shall be clearly marked and/or signed.
4.4. A 65 -foot diameter turnaround shall be constructed at the end of
the fire access lane on the east side of the development.
All other applicable city development standards shall 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.
WSCO2-0003
ORD 5656
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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
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
claims that any subsequent purchaser may have as a result of this Agreement,
including CITY's attorney fees and costs.
WSCO2-0003
ORD 5656
04/11/02
Page 6
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 parties 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 parties of interest and
future parties 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 parties 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 , 2002.
CITY URN
PETER B. LEWIS
MAYOR
WSCO2-0003
ORD 5656
04/11/02
Page 7
ATTEST: /
��vC_/
Danielle Daskam
City Clerk
APP Q AS F R
Heid,
City Attorney
STATE OF WASHINGTON
ss
COUNTY OF KING )
On this day of2002, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE 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 that he is authorized to execute said
instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
P' y�pN E1'•oi. �'%1�1
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WSCO2-0003
ORD 5656
04/11/02
Page 8
NOTARY PUBLIC in and to the tate of
Washington, residing at
MY COMMISSION EXPIRES: �i 0
OWNER: Green River Community College
BY REPRESENTATIVE:
R. B. Brumfield
STATE OF WASHINGTON
ss
COUNTY OF KING )
On this a day of2002, before me,
the undersigned, a Notary Public in and for 6 tate f as i gtpn duly
commissioned and sworn, personally a r- l � S�L
p y ppeare the REPRESENTATIVE of
Green River Community College, 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 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
on the date hereinabove set forfK.-
WSCO2-0003
ORD 5656
04/11/02
Page 9
set my hand and affixed my official seal
t
d Name)
NOTARY PUBVt2 innd fo the State of Washington,
residing at ��
MY COMMISSION E CPIRES:,/�Oy a
OWNER: Green River Community College Foundation
BY REPRESENTATIVE:
STATE OF WASHINGTON )
) ss
COUNTY OF KING 1
On this c23 �d day of Iva } , 2002, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared the REPRESENTATIVE of The Green River
Community College Foundation, 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 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. �
(Printed Name)
WSCO2-0003
ORD 5656
04/11/02
Page 10
NOTARY PUBLIC in and for the State of Washington,
residing at 16 'j-, wq
MY COMMISSION EXPIRES: i 07 a 4
Washington State Department of Natural Resources
BY REPRESENTATIVE:
STATE OF WASHINGTON
) ss
COUNTY OF KING
On this Zelfday of M , 2002, before me,
the undersigned, a Notary Public in and foi e State of Washington, duly
commissioned and sworn, personally appeared the REPRESENTATIVE of The Washington
State Department of Natural Resources, 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 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.
CHARLOTTE U. JACOBS h
NOTARY PUBLIC (Printed Name)
STATE OF WASHINGTON NOTARY PUBLIC in and for the State of Washington,
COMMISSION EXPIRES residing at Cis„s C*
OCTOBER 19, 2004 8
MY COMMISSION EXPIRES: _ /0//4/051
WSCO2-0003
ORD 5656
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Page 11
ATTACHMENT A
PARCEL "A" THE WEST 722.58 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 350 FEET THEREOF; ALSO EXCEPT THAT PORTION THEREOF LYING
WITHIN THE RIGHT OF WAY FOR 124TH AVENUE SOUTHEAST; ALSO EXCEPT THE SOUTH
30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 320TH STREET BY DEED
RECORDED UNDER RECORDING NUMBER 5848125; TOGETHER WITH THAT PORTION OF
VACATED SOUTHEAST 320TH STREET AS WOULD ATTACH BY OPERATION OF LAW.
PARCEL "B" THE NORTH 310 FEET OF THE SOUTH 330 FEET OF THE EAST 1300 FEET OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGOTN;
EXCEPT THAT PORTION THEREOF LYING WITHIN SOUTHEAST 320TH STREET; ALSO
EXCEPT THE WEST 372.58 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 9; ALSO EXCEPT THAT PORTION THEREOF LYING WITHIN
THE PLAT OF RAINIER RIDGE DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 116 OF PLATS, PAGES 1 THROUGH 3, IN KING COUNTY,
WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED SOUTHEAST 320TH STREET
AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THE EAST 358 FEET OF SAID EAST
1300 FEET.
LEGAL DESCRIPTION PREPARED BY BUSH ROED & HITCHING:
PARCEL "C" A PARCEL OF LAND SITUATE IN THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING
COUNTY, WASHINGTON, ALSO BEING A PORTION OF TAX PARCEL #162105-9003, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
THENCE SOUTH 86007'48" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER,
42.01 FEET A POINT ON THE EAST LINE OF THE WEST 42.00 FEET OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 16 AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 86007'48" EAST ALONG SAID NORTH LINE, 650.87 FEET;
THENCE SOUTH 3052'12" WEST, 128.75 FEET; THENCE NORTH 86007'48" WEST, 246.75 FEET;
THENCE SOUTH 3052'12" WEST, 161.25 FEET; THENCE NORTH 86007'48" WEST, 299.00 FEET;
THENCE NORTH 3052'12" EAST, 149.75 FEET; THENCE NORTH 46002'06" WEST, 135.79 FEET TO
A POINT ON THE EAST LINE OF THE WEST 42.00 FEET OF SAID NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 16; THENCE NORTH 02031'29" EAST, 52.81 FEET TO
THE POINT OF BEGINNING. CONTAINING 128,541 SQUARE FEET OR 2.951 ACRES MORE OR
LESS.
WSCO2-0003
ORD 5656
04/11/02
Ord 5656
EXHIBIT "A"
Page 1
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�• 6 R . CSC DSV*Iormwnt 12Z328 113418
Ord. 56$6
Exhibit "All -POTENTIAL ANNEXATION AREAS
Page 2 AUBURN, WASHINGTON
NOT TO SCALE
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