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HomeMy WebLinkAbout4703Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 0 111111 00 II 20110427000530 PACIFIC NW TIT AG 129.00 PAGE -001 OF 068 04/27/2011 11:08 KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Joint Developer Participation Agreement (Resolution No. 4703) C° (� Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s) /Borrower(s) (Last name first, then first name and initials) 1. City of Auburn, Washington 2. MultiCare Health System Grantee /Assignee /Beneficiary: (Last name first) 1. City of Auburn, Washington 2. MultiCare Health System Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 1 and 2, City of Auburn Short Plat No SPL01 -0005 Recorded under recording number 20031223001153, Being a portion of the southeast Quarter Section 12, Township 21 North, Range 4 East, W.M., in King County Washington; except that portion of said lot 2 conveyed to the City of Auburn by Deed recorded under recording number 20040329001214. ❑ Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number 1221049014 1221049018 ❑ Assessor Tax # not yet assigned RESOLUTION NO. 4 7 0 3 A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A JOINT DEVELOPER PARTICIPATION AGREEMENT WITH; MULTICARE HEALTH SYSTEMS FOR THE PURPOSE OF COMPLETING ROADWAY IMPROVEMENTS ALONG . 1OT" STREET NE/NW AS PART OF THE CITY'S A STREET NW EXTENSION PROJECT C207A WHEREAS, the City of Auburn and MultiCare Health Systems ("the . x Parties") entered into an Agreement to Acquire Right-of-Way in Lieu of Condemnation on September 16, 2003 ("ROW Agreement") 'in order to coordinate the construction of wetland mitigation and right-of-way improvements in the area of the city generally bounded on the west by the Union Pacific Railroad, on the east by "A" Street NE, on the north by.14th Street NE/NW, and on the south by 10th Street NE/NW; and WHEREAS, Section 6 of the ROW Agreement outlines the Parties' responsibilities regarding conveyance of right-of-way . as well as frontage improvements for 10t" Street in connection with MultiCare's property development. Section 6 also contemplates that the parties may enter into additional agreements under which they will coordinate design and construction of the wetland.mitigation and right of way improvementsfor 10th Street; and WHEREAS, the Parties now wish to design and construct the improvements contemplated in Section 6 of the ROW Agceement; and Resolution No. 4703 April 7; 2011 Page 1 WHEREAS, it is in the best interest of the parties to coocdinate these improvements with the City's A Street NW Extension project and incorporate them into the A Sfreet NW Extension project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Joint Developer Participation Agreement with MultiCare Health Systems, in subsfantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated`herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. N~ . Dated and Signed this day of 2011.. ' CIT UBU . PETER B. LEWIS MAYOR Resolution No. 4703 April 7, 2011 Page 2 / ATTEST: " Da ' Ile E. Daskam, City Clerk APPROVED AS TO FORM: ni 'd City Attorney - Resolution No. 4703 April 7, 2011 Page 3 20110427000530.001 20110427000530 PfiCIFIC NW TIT AG 1Zg.g0 PiitE-081 OF 069 _ 84/27/20f1 St:eB Retum Address: Knrc c,ouNn, ua Aubum City Cterk City of Auburn 25 West Main St. Aubum, WA 98001 RECOOtDER'S COVER SHEE7' Document Title("s) (or transactions contained therein): -T Joint Developer Participation Agreement (Resolution No. 4703) Reference Number(s) of Documents assigned or released: DAddifional reference Vs on page oi document - Grantor(s)lBorrower(s) (Last name first, then frrst name and initials) 1. . City af Auburn, Washington 2. MultiCare Health System ~ tWr N GranteetAssigneelBeneficiary: (L-ast name first) 1. City of Aubum, Washington 2. MultiCare Health System . Legal Description (abbreviated: i.e., lot, block, plat or section, township, range) Lot 1 and 2, City of Auburn Short Plat No SPL01-0005 Recorded under recording number 20031223001153, Being a portion of the southeast Quarter Section 12, Township 21 North, Range 4 East, W.M., in King Couniy Washington; except that portion of said lot 2 conveyed to the City of Aubum by Deed recorded under recording number 20040329001214. ❑ Additional legat is on pa e of document: Assessor's Property Tax Parcel/Account Number 1221049014 1221049018 ❑ Assessor Tax 0 not yet assigned 20110427000530.002 . , JOINT DEVELOPER PARTICPATION AGREEMENT BETWEEN ' • CITY OF AUBURIY AND MULTICARE HEALTH SYSTEM (lOn'STREE'd' NFJNVV) . This Joint Developer Partici ation Agreement ("Agreement") is made and eritered into this *4,1 day of /P/[- , 2011, betw►een the City. of Auburn, a Washmgton muntcipal corporation ("City') and.MultiCare Health System, a Washington not-for-profit corpoiation (``MultiCare'l (Together, the "Parties".) ItECITAi..S 1. Ttie Parties entered into an Agmanent to Acquire Right-of-Way in Lieu of Condemnatioa on September 16, 2003 ("ROW Agreement") attached as Exhibit I in order to coordinate the construction of wetland mitigation and right of-way improvements in tHe area of the city generally bounded on the west by the Union PaciCc Railroad, on the eest by "A" Street;NE, on the north by 14dStreet NF1NW, and on the south by 1016 Street NE/NW ("Project Area"). 2. Section 6 of the ROW Agreernent outlines the Parties' responsibiiities regarding conveyance of right-of-way as well as frontage improvements in coanectian with MultiCare's project in the Project Area. Section 6 also contemplates that the partics may enter iMto additional agreements eutder which they will coordinate design aad consttvction of the wetland mitigation and right of way improvemerns. 3. The Parties now wish to design and construct the wetland mitigarion project contemplated in Section 6.2 of the ROW Agreement. They also wish to explore whether it is in both Parties' best interest W have the Citj+ coordinate and construct MuitiCare's required improvements as described in Section 6.1 of the ROW Agrecmcnt. 1NEREFORE, in c:onsideration of the terms.snd conditions of this Agreemern, the sufficiency af which is hereby acknowledged, the Parties agree 8s follows: AGREEMENT I. De i i ns. Unless specifically set forth ia this A,greement, all terrns shaU have the same meanin6 as those in the ROW Agreement. Substantia[ Completion shall mean the day the City determines that they have fuil and unrestricted use and be,nefit of the facilities, both from the aperarional and safety • standpoint, and only minor incidental work, replacement of temporary substitute facitities, or correction or repair remains for the physical campletion of the tatal contract. I?evelopment Participation Agreement Apri14, 2011 ~ Page 1 of 8 ` ~ . . ~ , ' J 20110427000530.003 ~ Physical Consuuction shall mean the construction of the actual improvements to complebe the intended work as de.scribed in the final contract documents issued by the City. Construction Management shall mean all labor, materials, and testing necessary to monitor the City's contractor and insure compliance with the contract documents issued by the City including the administiatioa of all contractual requirements and payment processes. 2. $ight-of-Way Conveyance, MultiCare grants to the City of Auburn, the right to enter upon that porrion of land the right, privilege and temporary easement over, upon, and across the described lands in Exhibit II for the purpose of constructing, operating and maintaining the 1& Stceef NE/NW %s Strcet [mprovements and associated utility • improvements and tlte Right of access within the Right;of-Way conveyance area to faalitate the construction of the City's project until such time as the permsnent conveyance of the Right-of-Way is complete. MultiCare shall convey the Right-of-WaY conveyance area as set aut. in Section 6.1.1 of , the ROW Agreement and described in Exhibit II no later than April 2&, 2011. 3. Design. a. The City will undertake the design of the wetland mitig,ation project ss set aut in Section 6.2 of the ROW Agreement and the design of MultiCare's 1& Street NFJNW . improvements as set out in Sections 6.1.2 and 6.1.3 of the ROW Agreernent. The City will provide copies of alt fnal design documeats to MultiCare within 10 business days of the City's approval of the final design documents. b. Cost allocation. 1) Wetland mitigation. The City will pay ail costs for design and permitting of the wetland mitigation project. MultiCare will reimburse the City for design and peraiitting costs associated with the wetland impscts of MuttiCare's 10OStreet NFJNW % sireet portion of the pmject, in the ainnunt of Twenty Seven Thousand Dollars ($27,000). This cost was developed- based on the propartional share of MultiCare's wetlands impacts versus tlie total project wetland impacts and is apprmximateiy equal to'9.2%. The City shalt send MultiCare an invoice for Twenty Seven Thousand Dollars ($27,000) with the City's transmittal of the final design documents. MuttiCare shall pay the City within 30 " days of receiving the invoice from the City. • 2) Stred ImWAvements - DesiThe City will pay for all costs for the design of MultiCare's A street improveincnts for 10°i Street NE. MultiCare wi11 reimburse the City for desiga costs associated with MultiCare's 1& :Street NE'r4 street portion of the prajed, in the amount of Sevenry Four Thousand Dollars ($74,000). This vost was developed based on the pmportional share of MultiCare's 10'h` Street NE street area versus the total groject madway area and. is approximately equal to 6.6%. The City shall send MultiCare an invoice for Seventy Four Thausand Dollars ($74,000) with the City's Development Participarioe Agreement. Apri14, 2011 Page2of8 20110427000530.004 transmittal of the final design documents. MultiCare shall pay the City within 30 days of mceiving the invoice from the City. 4. fttland ~i'h'gation Constivction andMaintenance. a) The City will coqstruct the wetland mitigation project as designed, and will act as lead agency.for all permitting related thereto. b) MuhiCare will reimbwse the City for all constraction costs for the wetland mitigation based on 9.2% of the City's overall wetland mitigaiion conshuction costs, including physical construction and construction manageme,nt casts. The City shall complete a bid tabulation and verification of responsible and responsive bids and shall then no;if.y MWtiCare of the cost of constructing the MultiCare portion of the wetland mitiption work, estimated canstruction management costs based on 9.2% of the City's { total estimated costs for the wetland mitiption work, and a 1094 contingency amount . The City shall have the sole discretiun to decide whether it has sufficient funds to include • the propoRional wetland mitigatian work in the Stceet Payback Agreement under Section S.b. ifthe City has also deterrriined that funds are available forthe 1& Street NE/NW half street improvements as pravided in Sectian S.b. If the City determines and notifies MultiCare that the City does not have.sufficient funds • to construct MultiCace's proportional share of the wetland mitiption work, MultiCare will notify the City in writing within 5 business days fram receipt of the above notification that MuldCare will provide the construction fimding fortheir proportional wetland mitigation work in one of the following ways: i) Prior to the start of construction work, MultiCare shall depvsit funds based on the estimate in paragxaph b) vf this Section into a bank account thatthe City car► draw fmm to pay for the work completed under this agreement. Once funds are deposited into this account they will be unavailable to MultiCare until project completiae or if the project is ' terminated, upon termination. Payment fr+om this account does not guarantee MultiCare's approval ar waive MultiCare's right to pmtest any ' expenditure by the City. 'The account wil] earn inter+est for MuldCare. To the extent that MuldCare has provided construction funds that remain unexpended at the end of the construction or upon termination if terminated early, those funds remaining, with avcrued interest, shall be' refunded to MultiCare. At the completion of termination of the groject, the City wiil provide to MultiCare a fiaal,accounting of the fzmds expended. • ii) Prior ta tlle start of construction work, MultiCare shall pmvide either a bond, or an irrevocahle lettex of credit in an amount sufficient to cover the estimate in paragraph b) of this Sectian. T6e City shall provide MultiCare e monthly invoice showing expeaditures as defined in paragraph b) during the Project for tbe completion of the proportional wetland mitiption Development Participation Agreement Apri14, 2011 Page 3 of 8 . 20110427000530.005 improvements as defirred above. The invoices shall be documented to the reasonable setisfaction of MultiCare and shall inciude complete invoices peid by the City. Properly documented invoices shail be paid by MultiCare within thirty (30) days of receipt by MuttiCare. Notice of any patential dispute regarding such paymerit request shaU be made in writing within the same time period. , c) Prior to recording of the conservation easement,.MuidCare shall pay the City j the additional sum of Twenty Five Thousand Dollars ($25,000) as paymetrt for the . proportionai share vf the re,quired conservation easemmt for wetland mitigation over an ; area undifferentiated in the emount of acres within the City's Auburn Envir6nmental ' Park. The area covered by this shall med the required mitigation ratio as determined by the final appmved enviro nmentat pennits to mitigate the impacts of the MultiCare 100 . Strcet NFJNW f, street irnprovements. This payment for the cvnservation easement shall be in lieu of any oegoing rnonitoring ot msintenance responsibilities. The City shall send ' MultiCare an invoice for Twenfy Fiye Thousand Dollais ($25,000) within 30 ttays after substantial completion of the Praject. MuitiCare shall pay the City within 30 days of receiving the invoice from the City. 5. 10'h Street NFJN W y4 Street lmnrovennent Construotion, a) The City will iaclude construction of the improvements required in Sections 6.1.2 and 6.1.3 in construction bid doouments as an additionat schedule. The City shall coordinate the scopa of worg for these items with MultiCsre. The City shall camplete a bid tabulation and verifcation of responsible and responsive bids and:shall then notify MultiCare of the cost of constructing the additionat s+ehed'ule, estimated construction management costs based oa 6.6% of the City's total estimated costs, and a 104io contingency amount, and whether the City has sufficient funds to awerd a contract to inctude the additional schedule to conshuct MultiCare's 10 ° Street NE/NW street improvetnents, subject to MultiCare's future reimbursement. The City shall have the sole . discretion to decide whether it has suff cient funds to include the additional work in its contract awarcl. b) If the City has sufficient funds to constnict MnlriCere's impmvements, the City may enact a Street Pa~►back Agieement per Auburn City Code 12.70 and complete the construction of the 10' Street NFJNW %s street improveinents. MultiCare acknowledges that if such an agreement is enactlcd by the City, MultiCare may have a future responsibility to r+eimburse ttie City for the cost ofMuldCare's 1e Street IdFJNW K street improvements. MultiCare's responsibiIity to reimburse the City for the ; construction of the 1& Street NFJNW improvements shel] sutvive the expiration of any payback agreement if MultiCare has not develaped the property within the agreernent ~ term. i • c} If the City reotifies MultiCare that the City does not have suffcient funds to construct MultiCare's required 'unprovements subject to reimbucsement per paragiaph b), MultiCare has 5 business days to notify the City in writing that MultiCare wi(I provide DevelopmentParticipation Agreement i; Apri14, 2011 ' Page 4 of 8 20110427000530.006 the construction funding for their.l00 Street NE/NW haIf street improvements. ' MultiCam's portion of the funding shall be provided one of the following ways: i) Prior to the start of construction work, MulriCare shall deposit funds based on the estimate in paragraph a) of this Section into a bartk accvunt that the City can draw from to pay for tfie work compieted under this agc+oement. Once :funds are deposited into this account they wiU be unavailabie to MuttiCare until project completion or if the project is terminated, upon teTmination Paymenl from tliis account does not guarantee MultiCare`s approval or waive MultiCare's right to protesi any expenditure by the City. The accaunt will earn interest for MultiCare. To . the extent thal MultiCace has provided constructian funds that remain unexpended at the end of the constructibn or upon Esnnination if i terminated early, those funds rcmainiug, with accrued inferest, shall be ~ refunded to MultiCare. At the completion of tenninadon of the project, , the City will pcovide to MultiCare a final accounting of the funds ' • expended. ii) Prior to the start of construction work, MultiCare shall pravide either a bond, or an imevocable letter of credit in an amount sufficient to cover the estimate ia paragraph a) of this Section. The City shall provide MultiCare . a monthly inyoice showing expeaditures as defined in paragraph a) during. the Pr+oject for the completion of the 1& Street NFJNW half strcet unprovements as defined above. The invoices shall be documented to the reasonable satisfaction of MultiCane and ahall include complete invoices paid by the City. Properly documented invoices shall be paid by MultiCare within thirty (30) days of receipt by MultiCare. Notice of any potentia) dispute regarding such payment request shell be made in writing within the same time period. 6. Genera , a) Jurisdiction and venue shall be in the Supexior Court for King Couaty, Washington. The prevailing party shall be erttitled to an award of its costs and reasonable atwrneys' fees. b) This Agreement shall inure to the benefit of, and be binding upon, the successors, heirs, snd assigns of the paMes hereto. Development Participation Agrcement Apri14, 2011 Page 5 af 9 20110427000530.007 c) Any demand, request, or notice undar this Agreement shaq be in writing and shall be deemed giyen when delivered by facsimile, personal delivery, private courier, or United States Mail by registered or certified artd regular mail, addressed as fotlows: To MultiCare Health $ystem: MultiCare Health System ' Attn: General Counsel . 315 Martin Leither King Jr Way MS: 222-1-LEG PO Box 5294 Tacoma, WA 98415-0299 • , And to; CB Richard Ellis Attn: Porffolio Strategy & Planning 2106 Pacific Avenue, Ste 400 . ' Tacoma, WA 98042 To the City: ' Public Works Director City of Auburn 25 W. Main St. Auburn, WA 98001-4998 Facsimile No. (253) 931-3053 , Development Participation Agreement Apri14, 2011 Page 6 of 8 20110427000530.008 IN WITNESS WHEREOF, the parties, have executed this Agtee,ntent as of the day and year first writ#en above. CITY OF AU~ tiyor NdULTICARE HEALTH SYSTEM a W oratian a Washing a not :for. fit co tioa BY: B~ Petec B. Vince Schmitz tVice President and CFO ~ Attest: 2-412,- 'elle E. Daskam, City Clerk ~eta9► a erine t. mr'tii Approveti to o Senu~rVl'ce Prnsiden~', ~intcc►l ~era"rans , ~ e l B. ' , City Atto 1 STATE OF WASHINGTON) Pt mers ) ss courrTV oF40" ~ I certify that I know or have satisfactflry evidence that Yl NGEN 1' SClt'M. t i Z. is the person who appeared befor+e me, and said person ackriowlelged that he/she signed this instrument, on oath ststed that he/she was authorized to execute the instrument and aclcnowledged it as the Sen~or- YPa Crv of /►'lcc,l}-cC°"re.. tieal4kS4S-4-einrt • of, a bon-proft corporattan, to be the free and voiuntary act of such party for the ases and purposes njentio-ned in this instrument. Dated r , ,o _ ,P~~6 y a.~rso.✓ NotarPublic in and for the State of Washington Residing af s My appointment expires_ D4 s ~ Development Farticipation Agreement . April 4, 2011 • Page 7 of 8 20110427000530.009 STATE OF WASHINGTON) ) ss• COUNTY OF PIERCE ) On this _Z2~day of ~iPl L , 2011 personally appeated before me, Katherine I. Smith known tome as the Senior VP, Clinical Operations of MultiCere Health 5ystern who executed the foregoing inswment, and acknowledged the said instrument to be the free and voluntary act and deed ofsaid corporation, for the purposes therein mentioned, and that he was authorized to execute said instrument. I certify that ! know or have 5atisfactory evidence that Me person appearing befare me and making this acknowledgment is the person who;e true signature appears on this documenL GIVEN under my hand and atfiaal seal hereto affixed the day and year in the certifica ove written. SignaturL/ ~ y J - d~Ws' Print Name ~ ~ I,~••, ~~"p'"~"r NOTARYPUBUC in and for t State of Washington residing in . 4. • ~ ~TARY : My commissiqn expires • ~ pvs L~,c,~ : 20110427000530.010 STATE OF WASHINGT0N) )ss COUNTY OF KINO ) I cert.ify that 1 know or have satisfactory evidence that. Peter B. I.ewis and Danielle E. • Daskam were the persons whu appeared before me, and said persons acknowledged that diey signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CTTY CLERK of the CITY OF AUBURN to 'be the free and voluntary act of such parties for the uses and purposes mentioned in this instrqment Dated 0 Sc/ VNIQ 04ARy ~ Nota. ry P blic in and for the State of Washmgton 4 s Residing at 1-t C. . yqj pEl6~' My appointment expires U~? S ' ,3'29'~ q ~►w ' ; Devetopment Participation Agreement • April 4,2011 Page 8 of 8 ~ ~ ~ 20110427000530.011 EXMff 1 Agreement to Acquice Right-of-Way in Lieu of Condemnation oa Septanber 16, 2003 • ROW Agceement t ~ • Development Participation Agreement • • Apri14, 201 ! 20110427000530.012 i ~ 20110427000530.013 ' : . Filed for Reoord by end . After Recording Return ta: . • , ~m CFY • Mn1NCare Ae81th Syetem 737 South ftwoett P. o: Hox 5 V9 - 2~~30918000083 . Tacoma, WA 98415-0299 aa.em e ~ Doaument Titte: Agreement tD Acquire Right-of-Way in Lieu of Condemnation ' ~ Reference Number of Related Docmmt N/A C}catttcr(s): MultiCes+e Health System ~ C)reatee: City of Auburn I,egel Desc,ription: Portioa of Cioventmeat Lot 4 and portion of sowheest qtmrter of eoutheest . quarter of Section 12, Township 21 North, Range 4 Essk W.M. Additionel I.zgal Description is an Pege(s) l 1 aad 12 of Docuamt Asaessoes Tax Percel Number(s): 1221049014;1221049018 . 1 . E.~l4HAR81MNuoai1AGAE8M8N1-7D DEDICATE_OT.DOC FXhibIt "Aa Res No. 3479 ; 20110427000530.014 i ' AGREEMENT TQ ACQUYRE RIGHT-OF-WAY : IN LIEU OF CQNDEMNATION Thss Agreeaieat to.Acqniright~f- ay 'n~} eu of Condemnatiga ("Agreemeirt"} is made aud entered into this 14 day of en+bfr 2003, betvrneen the City of Aubina, a Washington mucucipal corporation (bereinafter the "City"), and Mu1tiCare Healttl System, e Washington not-for-profit corporatioa (hereinafter "MuldCare") The City and MulUCare are hereinaRer referred to as the "Parties." E~ IT~.s A MultiCare is the owner of certm real pmperty legaily described in Extu'brt A ("MultiCare Prnperty"). The MultiCare Property is bounded on the west by the Union Pacific Railroad Right-of-Way, on the east by "A° Street NE, on the north by 14th Street NFJNW, and on the svuth by 70th Street NF1NW (this comzaent applies to enqre agreement) "A" Strcet NE and 14th Strea NE are irnproved cify sauts I Oth Strod NE is a partially impzvved city street, with the southem half of t]ie slreet improved for appmximately the easterly 490 feet west of °A" Strvt NE and with onty portions of the full 80 feet right-of-way @edicated to the City. The MultiCare Property and swroundu►g streets ace illustrated Yn Exhiibit B. B. MultiCare is progosing to build a hospital on spproxhnately the esstera hatf of the • ; MultiCare Property as illustrated in F.xhibn B and as described in MultiCaze's penchng land use apgUcations, SPL01-0005 and SEPOl-0024 (the "MulUCare Project") One of the pencbng applications, SPLO1-0045, is for a shvrt plat of the MultiCare Property (the "MultiCare Short Plat'). MultiCare will also, in the future, be submitting an apglicadon to the City for a bailding permit Lo construct the Mu1tiCare Project (the "MultiCare Building Pennit") C. The Crty has included in ib Capitai Facilities Plans (1998-2003) two Roac! Capacity Pr0)ects ldentified as fOllOW9. 9"A" $treet NW. lOth NE to 14thNW and 10 "A" Street NW: West Main ta l Oth NE. These two projects estabhsh a future public roadway hereinafter refened to as "A Street." That portibn of A Street befween I Oth Street'NE and 14th Street NE is prflposed to be located in the westea half of the MultiCare'Property. D. The City desires to obtam from MultiCare, ui lieu of condemration, a stfttory warranty deed for ttiat portion of the right-af-way for A Stree; that crosscs the MultiCare Praperty and a teumporary slope and cdnstruction easemeut to allow constructon of A Street along vvtth necessary drainage improvements and cut aad fill slopes (ttie "Froperty Iirterests"} 2 „ £ 1SHARE1MFaasWGRE£MFNI'_'l~0_DEDICA78 OZ DOC 20110427000530.015 i ~ E Rather than compensate MultiCare for the Property Interests entirely by moaeWy paytnent, the Ci;y is willing to compensate MtsltiCare for the dedication ofthe A - Street right-of way by giantingto MultiCare Transportation Impact Fee Credrts ('"I'IF Credits') that can be appuad pursnanYto Auburn City Code (ACC) 19.04.060-, THEREFORE, in considerabon af the terms and conditions of this Agi~eemem, the su~ciency of which is hereby aclmowledged, the Parties agee and bind themelves and their respective legal representatives, successars, and assigns, as fcllows AGREEMENT 1. A~~.a,uisitian of A Street Ri -of Wav. : MultiCare shall carivey to the-City approximately 107,004 square feet of property, for A Strea nght-of-way (the "A $treet ROW') as follows: 1.1 The City has established the precise legal description of the A Sbvet ROW after consultation with MulEiCare and in confonrunce vvith the followmg: Tlie A Steet Row sheli be sppzvximately eaghty fac (80) in vildrh in order w accommoaate both traiisportation and drainage improvemenrts The A Strcet.ROW sheIl align with'B' Street NE as constructed on the north side of 14th Street NE and with the'A' Street NW riglit-of-way as dedicated on the sauth side of l Oth Street NE. The A Str~t ROW shall be located as far west along the MultiCare Property as possible while meeting the minimum radii and geomdnc design reqwt+ements for a minoc arberial.. The Iegal descr . iption for the A Stroet ROW is shown tn Exhibit C. Tiie exact s'ze of the A Street: ROW fo be dedicated, in square feet (the "A Street ROW Area"), is incleeded ia Exhibit C. 12 MulhCare sbail deliver to the City, prior to the City's execution of a Transportation Impact Fee Credit ApgrovaI, as described in Pacagraph 4 below, and the City's issuauce of the MulnCare Bailding Permit, a fully exemed arid acla►owtedged statutory warranty deed for the dedicatian of t6e A Su+eet ROW for the oonveyance of ' the A Street ROW acknowledging that the comeyance is exempt under WAC 458- - 61-4Z0 The A Street Deed shalt be subjectto all existuig encumbrancxs of record, except financial encumbrances, including liens, which MulUCare agrees to cause W be removed. 'Ihe City sfiall not record the A Street Deed' until rt has delivered to MuldCare the TIF Credit Approval as provided in Paragraph S. The City shall pay the recondmg costs for the A StreeL Deed. 2 Pennittin and Constructionof A SMeld 2.1 The City shaEl be responsible for obtaining sIi necessary state and federal permits to constcuct A Street aad essociated drainage facilrties, This Agreement does not 3 E l5}lARE1MFumtWOREEiulENT_'1''8 DBD1CATfi 02 DOC 20110427000530.016 authonze the City to use any poraon of the MultiCare Property not being acquired by the Ctty by the A Street Deed or by the MultiCare Short Plat fcr mitigatton of impacts to wetlands caused by the A Savo oonstruction (the parrtion of the MultiCare Property aot being acqiured by the G`ity by the A SttW Deed or by the MultiCare Short Plat as descnbed in ,Paragraph S l is hminafter referred to ss the "Remaining MultiCare Property"). Ia the event ihat condiuons are imposed by state or fedetal permits that reqmre the irse of aay porhon of the Remaining Multicare Property for such pwposes, the Parties agree to negotiate in good fmth for the City to acquire the necessary mterest in such portion of the Remauung Multicare Property through fair - maricet oompensation to Multicare Notluag herem shall precleidc the City fiom ac4uiring all or a portion of the Remaming Mnlticare Property through the City's power of emiaent domain 2.2. The City shaU incorporate nieasures in the construchon of A Strm to maintain the storm drainage hydraulics on the MulttCare Property as that which exists at the time that A Street is constivcted. 2 3 This Agreement nather pmcludes nor guarantees fftum access from ihe Remaining MuluCare Property to A Sueet, nor does it address coatpensatLon for possible future access s+estricuon§ fmin the Rematmng MultiCare Praperty. Fudue access wnll be cossidered ia conjunction wnth fuhue development in accandaace with tben ewreat City poLcies. 3. Tem2m Constructim EesemM 3 1. MultiCare shall gmt to the Citya temporary conswction easement in the form attached as Exhibrt D.(the "Conistructioa Easemeat) for the iimited purpose of facilitating the Crty's consavchon of A Street mcluding transportation ana drainsge provis:ons The Construction Easement shalI provide the City with a tvi►enty-four (24) month period in which to uadertake sll such consuuction, said penod commencing upon wntten notice from the City to MultiCare that coastrucbon has commenced (the "Commeacement Notice"), provtded that the Constcuctioa Easemeat shall teaninate automaticalty twenty-four (24) months following the Commencement Notice The property subject w the Gonstivcdon F.asemerit (the "Cvnstruction Easement Area"} shall be legally descnbed aRer the legal descnption for the A SUW ROW is established. At the ssAne time t6e exact size of the Consttvction Eesement Area sball be provided by the City to Multtcare The Constncchon Easement Area sbalt te tvventy feet (205 in width along the easterly edge and the vvestedy edge of the A Strcet ROW where available within the MultiCare Property boundanes. The City shall pay the recording costs that may be due for ft Construction Easement At the 4 E ISHARti1Mt5iasVWREEMEM-TO_DEDICAT6_02 DOC 20110427000530.017 completioa of caastruction of A Street, the Crty shall ranave all equipmerit, dirt sad debris from smh essement area, plant or hydroseed atl disturbed areas and restore the Conswctian Easement Area to its previous coadition, imless otherwise agreed by both parties. 3.2 The City shall indemniPy, protect aad hold harmless MultiCare flrom and,ageinst all claims of lien arising by virtue of or relating to the work ta be done by the City on the MulhCare Property ss descnbed in this Agreement. 1'he City shall regularly aad " timely pay any and all amoimts prapcrly payable to third paities with respect to such work and materia2s therefor. No liens of inecbamcs, material suppliers, labdrers, architects, artisans, cantractors or subcontraotors or aay other lien of any kind whatsoever shall be created ag,ainst ot imposed upon the Czty Property: In the event auy such ctmms or Lens of any kmd whatsoeti►er shatl be asserted or filel by any persons, firms or corporations performing labor or fiunistnng material m connection wrth such work, the City shaU pay or cause the same to be discharged of reoord wrthm forty-five (4~ days of notifcation thereof ar, in the event the City disputes the validity or amoiuxt of aay such cWm, the City shalt pqst or provide securety in a form aad amoucit sufficient to ensure,that title to the MvltiCare Property reuanns frce of the lien clauned. 4 g.rg F&sements 41 MultiCare shail grant to the City pernsanent easements for roadway side slopes, intersection sight distance and any otber r+oadway requirement outside of the 80 foot , typical section as required to support City staadards. MultiCare will be wmpensated for any pemaattent easemenb at a rate of 30'/0 of the eccepbed property value Eesements shaIl be in a form agreeable to the Crty and MultiCare 5 Consideation Paid to MultiCare for A Street ROW and Conshvction Easement. 5.1 A Street ROW. The Pmties agree that the fiur market vatue of the A Streei ROW to be grattted to the City, on a squere foot basis, as detamined by an independent appraiser uader contract with the City, is $2.33 per squsre foot for the A StreetROW (the "ROW Vatue") The C-ity spees to campensate MultiCare for the A Street ROW pwrted to the CitY bY granhnB to MulhCare Transportation Impact Fee (`fTF) Credits in an aunouat calculated as follows the product of A SU+eet ROW Area multiplied by the ROW Va1ue. This is regresented by the following formuta• TIF Credits = A Street ROW Area X ROW Value The TIF Credits may be used by MultiCare pwsuant to Aubmn City Code (ACG) 19.04.060 to offset transportation impact fees that may be required for any 5 ^ 2 MHARIs1MFuea~4CRtE6M8NT TO DEDICAT6_G2 DOC , 20110427000530.018 , development upon the Multicare Praparty. MuluCare sball submit a deed for the A St NW ROW to the Cityeither with its appIication for buffding perrtut or pnor to December 1, 2003, whichever occirs fust. If MultiCare applies for a building pennit pnor to December 1, 2003, then MuliiCare will recerve TiF creft as campensation for the ROW comreyance. T!F credits vn1E be 2n the form of a documert compliant with Aubum City Code 10.04 060. If Mu1tiCare does nvt apply for a liaitding pecmit pnor to December 1, 2003, then the Clty vm'll pay MutUCsre the dollar amount of the fiv marlcet value of the ROW as compensation for the ROW conveyenoe. In the event thet ACC Chapter 19.04 is repealed or revisod in such a way that MultiCare is uo longer able to utilixe the TIF Credrts to offset transpartation impect fees, (assuming - that the ROW has preveously been ironveyed to the Crty) then the City shall pay MultiCare the doller vaiue. of the TIF Credits in exchaage for conveyance of the A St NW right-of-way 5.2 Consttuction Easement: The City shalI compensate MnlUcare for the Constructian ' Easemerrt by aa aiuroal paymeat (the "Coastruc.tion Easemeat Paycnent") c,alculated as ;foHows: {i} the Eastment Area ('m square feet), multiplied by (n) the ROW Value of $2.33 per squme feet, multtphed by (du 100/o The City shalT deliver the first mnnual paymert to Muiticm wnth the Coinmencemeat Notioe; the second snaual paymeat shall be paid 12 mouths thereaRer. In the event that the City terminates the Construction Easemeat priorto the tw►enty-four (24) month period grantod far the Coasuuction Easerrnent, MultiCare shaEl refiutd a prorata portian of the Coastruction Easement Payment received based on the number af days rernainiwg in snch 24month period. 6 ift Suvd Dedication and Lmprovements 6.1 As a condttiou of the MulhCare Short Plat. MultiCere w1t do the following: 6.1.1 Convey to the City, righ"f-way determined bythe City to be reasonabty nwessary along l Oth Strvt NE betvveen'A' Street NE and A Street NW based upon the "minor arterial" roed standard applicable to this Street. The legal • descnption fior the necessary 1& Street ROW is shown in Exhibit E; 6.1.2 Corattuct improvemeats to the norfhem haff of lOth Stt+eet NE adjaceat to its property between'A' Street NE on the east and the westerly tlriveway oa l Oth Street NE proposad by Mu1tLCare m the MultiCare Projm and as :llustrated in Exhibit B(the "l Oth Street NE Frontage Improvements"). ne l Oth Sftet NE Fromage Improveaments wilI be constructed prior to oxupancy of the MultiCare Project; end 6.1.3 Be respoasible for future canstruction of iuiprovements to the northem half of lOth Street NE adjacent to its property between the pmposed westerly 6 ' E LSHARE1MFueWAGREFMENT_T0_1DbDiCA7E_02 DOC 20110427000530.019 driveway on l Oth Street NE on the east and A Stroet on the west (the "l Oth Street Exte,nsion") subject to the terms of e modified ten year Street Improvemecrt DeIay Agmmetrt ("Delay Agreement") for the tOfh $treet Extension vnth the City. The Delay Agreement is ettached as Exhibit F. The ' Delay Agrement sball provide for a reasonable period of time to submit plsns and to commence oonstructioa tWking mto Sccount alI neoessary local, state and federal permits. All iinprcvemeat-5 shall be coibplcted prior to oouipietion of the Ctty's A St NW canstruction project and no later than Dember 1, 2012, unless otherwise egmed in writing by MultiCare and the City 6.2 In order to reduce duplicahon of effort and to streamline the acquisition of all necessary state and federal pennits to 5ll wetlands a.a necessary for the construction of A Street and ttte 18th Street Extensiaa, the Parties recogiuze that it would be preferable for the City to take the lead role m designing, permitting, constructing and provicimg midgation for the l Oth Street Extension, in conjunction with designn8, permimng, vonstructing and pmviding mrtgahon for A Street (the "Joiat A Street- .•E'•~;~ ` lOth Street Develapinent"). As such, the City agrm to consider, ia good faith, undertaking the Jouit A Street-l Oth Street Developtrient with MWtiCare being responsible for paying the City tha costs of desiping, peimitting, oonstracting and pioviding mitigation for the l Oth Street Extension If~ m its sole discretion, the City undertatces the Joint A Street-l0th 3ftd Developmeat, MultiCare wilI execute a developer patticipation agceement with the Cny to document the terms and conditions for MultcCare's financIal participatlon based upon its obligatiaas under this Agmcrcent for the l Oth Street Extensi(m If the City sad Mu1tiCa=e do not undertake Jomt A Street l Oth Street Develogment, the responmlnlrty for design, Pernuttmg and mitigation of the 1 Oth Street fixtension contiuues to be MulhCare's. 7 Generat Terms 7.1 Each of the Parties shall protect, defend, indeamify and save hameless the other perty fi+om and against ell liabiuties, penaltim coats, losses, damages, expenses, causes of action, claims, demands, or judgmertts, mchuiing wittwat lumtation, reasonable attorney's fees, arising out of or related W the tecros, cavenai►ts or conditions af this Agreement and sach parties' performance or failure to perform aay espect of this A,greement; ps+ovided, however, that if the claims or siuts ere caused by or result from the concarrent negligence of (a) the City. its agents or aagloyees, and (b) MultiCare, its agents or einployaes, includiag ttcose achoas covered by RCW 4.24.115, the obligations shell be valid and eafocceeble anly to the extent of the iademnitying Parties' negligence, and pmvided further, that nothing herein shall mquire either party to hold harmtess or defend the ot&er party frrnm any almm arising &aia the sole ` negiigence of the other paKy. 7 E WAR8NAFv=1AGR6EMFM -TO_DEDICATE_02 DOC 20110427000530.020 71 Ia the event that any party deems it necessary to institute leg,al action or procaedings to enforce sny righf or obhgation under this Agreement, the action or proceeding shall be bmught m:the Superior Court for Kiag Couaty, WaShmgton The prevailing party shall be entitled to an award of rts costs aad reasonable attonteys' fees. 7.3 Each person signing below represeuts and warrants that execution of this Agreement has been duly authorized aad that ao further acluan on the parE of any party is aeceessary to malce ttus Agreement bmding in accordance with rts terms. 7.4 Tlus Agreement shall iaure to the benefit of snd be bincliag upon the successors and assigns Lo the parties hereto. 7.5 Any demand, request or notice which ather Party 6ereto desires or may be roquired to make or deliverta the othe= shall be in wrnting and sball be deemed g'1veA wtiea delivvered by faCSimile, personally delivered, delivered by private courier semce (such es Federal Express), or three days after being deposited in the Uriited States Mail m registered or cerlified form, return reoeipt requested, adciressed as follows To MulbCare• Mr. Richard Petnch ; Director, Stiategic Development 8t Business Plenaing MultiCare Health System 737 $outh Fawcett P. Q. Box 5299, Taooma, WA 98415-0299 Facsimile No (233) 403-5457 Aad to. Brent Carson Buck 8c Gordon LLP 1011 Westdn Ave. Suite 982 Seattle, WA 98104 Facsimile No. (206) b26-0675 Ta City of Auburn 8 E \SHAREIMFuas1A(iREEmEM TO_DEdICATE C2 DOC 20110427000530.021 Denais I?owdy, PE Public Works Directar Ciiy of Aubu:n ZS West Main Street Aubum, WA 9800I-4998 Facsimile No: (233).931-3053 iN WITNESS WHEREOF, the parties have eacecuted this Agreernern as of the day and year first above-writoea. CTTY OF AUBURN MULTICARE REAL.TH SYSTEM a Washington m' corporatioa a Washington not-for-profit corporation . Hy: - - ey eter B. Lewis, Mayor Diane Cacckettini, CEO • Ajpt. City CIerk ~ APP O O e3' STATE OF WASHINGTON ) SL COUNTY OF j RIG~ ) I certify that I laeow or have satisftctory evidence that Pe ~et ~I-e c✓ "'.S is the peison who appearod before me~ and s/he aclaiowledged that s/he signed tlus instrument, on olth st8ted that s/he was autho e4 to expcule t~e instrumern aad acknowledgod it as the of ! r e'~Im 6 u vrt , a corporation, to be the 5+ee and voluntary act of such corgoration or the eses and purpose.s mentioned m the instrumeat Dated this 2~day of 9 fi %4HARh1MFumsSAQREEMM4T TO_DEQICATE_02 DOC • 20110427000530.022 •~~~.h~~~~~~~ 1, ie, ~E Kf.. ~ 'y+ G = N ' 4 Q ~'1 C-~- E+' ~~4 AkP. #OtnR ls%mtum o Notary s ~ UB4G $ ~1d1°f~.c//~ C Fk i~~2 ~4 P t "2 i ~jl ' [PIInt 8Ii16 0 OtBTy 0~~'91~.''•3 Zg'C~~' t~ a '~4 4F WAg~~ ` ~~~z~~~..~•`~' Notary Public in,snd for the State of . Wasinngban, residing at Ar/&,?e". , My oommtission ecpiros. 03 9 t~ 10 E tSiiAR8lMFuessVIGREEMhM_7O_DEDICAT6_02 DOC 20110427000530.023. STATE OF WASHINGTON ) : ss. ) COUNTY OFQI=-e-Q-~ I certify that I kaow or have satisfactory evidence that ~r_ u is the persoa who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated thaY s/he was suthorized to ex ute instru ent and acknowledged it as the of ~ " mrporatxon, ta be the free : aAd voluntary act af sucb corpora.tion for the uses and menhoned in the ins~uent. ' Dated this ~~y of 2r.M€sAEf.. , 200.:~ Izh [ i - of Notery] rz...~ M:T [Print Nameof Nofery] I 'R yV-: _ • Notacy Public in and for tlie State of Dt.1 f' tf ~ ' Washington, residing at~A(~ n ~'•.4.q.C:a ~ ~C ; ~ ~,1 , ~ My cominission expires: ~ . . - . Exht'bits Exhibit A MuitiCare ProPertY Lega1 Description Exhibit B Mu2tiCsre. Pmperty IIlustradon - Exhibit G Legal Description far `A' Street NW ROW Exhibit D Construction Easement Exhibit E Lega! Description far 10* Sftet NE ROW Exhibit F Strw Impmveaieat Delay Agreemeat for 100 Stceet Extension 11 E WARE1MFaeMW0REEMEM'_T0_DEDICA78_02 DOC Exhibit "A" Res No 3479 20110427000530.024 Exhibit A MultiCare Parcel Descnptron (per Paafic Northwest Titie) PARCEI. A THAT PORT{ON OF C30VERNMENT LOT 4, SECTfON 12, TOW NSHIP 21 NORTH, RANGE a EAST, W M, IN KfNC3 COUNTY, WASHINGTON, LYING 90t1THERLY OF THE J BRANNAN DONATION_CU11M N0 38 AND OF THE WESTERtY OCTENSfON OF THE SOUTH LINE OF SAID J BRANNAN DONATION q.AIM NO 38, AND IYING EASTERLY OF TFiE BURI.INGTON NORTHERN, INC RIGHT-0F WAY (FORiVIAI.LY NORTHERN PACIF{C COMPANY RIGH'T-OF-WAI), AND LYING WESTERLY OF °A° STREET A3 DE3CRIBED W AND DEDICATED TO PUBLIC USE BY 1NSTRUMEN7 RECORDED UIdDER RECORDING NUMBER 8003130537. EXCEP7 7HAT PORTlON THEREOF LYING IdORTH APlD EA3T OF.THE FOLLOWING DESCRIBED LtNE COMMENCING AT A BRASS CAP MONUMENT AT THE lIVTERSECTIDN OF "A' STREET N E AND 15T" STREET N E, FROM W HICH A BRASS CAP MONUMEM' AT TFiE 1NTERSECTION OF SAID 15TM STREET M E AND AUBURN WAY NORTH BEAR3 SOUTH 89°3026' EAST, A DISTANCE OF 1789 04 FEET. THENCE SOUTH 89°30'25° EAST ALONO THE CENTERLINE OF SAID 1e 3TREET N E A DISTANCE OF 30 83 fEET, THENGE SO,~~JTH 00°38'S4" WEST A DISTANCE OF 3$ 00 FEET TO THE SOUTH RiGHT-0FaIVAY L1NE OF 3AID 15 STREET N E AS RECORDED UNDER KINO COlliV7Y RECORDING NUMBER 7208290387, ALSO BEiNG THE INTERSECTION OF THE EAST RIGHT-0F-WAY LINE OF 3AID °A" $7REE? N E AS RECOFiDED UNDER KINt3 COllNTY RECORDING NUMBER 7108100537, THENCE CONTINUIIVO SOUTH 00038'S4° WE3T, ALONQ 3A10 EA3T R10H7-0F-WAY LINE, A 013TANCE OF 779 57 FEEf 70 7HE NORTH LlNE OF LOT NO 2 OF AUBURN SHORT PLATNO 3P 30-79 AS RECORDEO UNDFR KINC; COUMY RECORDING NUMBER 8001310747 AND THE TRUE POINT OF BECINNIIVQ OF THIS LtNE DESCRIP'TION, THENCE NORTH 89°5415' WEST ALONG SAID NORTH UNE, A DISTANCE OF 2 98 FEET TO THE NORTHWEST CORNER OF $AID lOT 2. AL30 BEINC3 THE NORTHEAST CORNER OF PARC0. °A" OF SAID SHORT PLAT, THENCE SOUTH 01 °11'5T WEST ALONG THE EAST LIiVE OF SAID PARCEL A. A OISTANCE OF 0 42 FEET. THENCE NOR7H 89080'25' WEST, A DISTAIVCE OF 868 41 FEET, THENCE NORTH 00027'42" EAST, A DISTANCE OF 134917 FEET TO.A CONCREI'E MONUMENT WITH A 6RASS CAP MARKINO THE. NORTHWEST CORNEF2 OF THE<SOUTH OPIE-HALF OF 7FtE J BRANNAN DONATION' UWD CI.AlM (DLC) NO,87, ACCORDINO TO AUBURN SHORT PLAT NO 3P-16-81, AS RECORDED UNDER KfNC3 COUNTY RECARDING NUMBER 8207299002, THENCE CONTINUiriC3 NORTH 00°2T42' EAST. A DISTANCE OF 1323 08 FEET TO A CONCRETE MONUMENT WITH A BRASS CAP NIARKING THE NORTHWEST CORNER OF SAID J BRANNAN DLC NO 37, ACCORDING T0 SAID SHORT PLAT, THENCE NORTFi 89°02'58" WEST. ALONO THE NORFFI UNE OF SAID J BRANNAN DLC NO 37, .,..PROJECTED WESTERLY ACCOFiDENG TO. SA[D SHORT PLAT, A DISTANCE OF 17 08 fEET TO THE EA37 R1(3HT-OF WAY LiNE OF THE BURLINGTON HORTNERN RAILROAD COMPANY AND THE TERMINUS OF THlS LINE DESCRIPTION PARCEL B THE FJAST 918 2FEET OF 7HE NORTH 660 FEET OF THE`.SOUTFiEA57 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1Z TOWNSHIP 21 NORTH, RANGE 4 EAST, W M. tN KlNG COUN7Y, WASHINGTON, EXCEPT THAT PORTION THEREOF E.YING EASTERIY OF THE WESTERLY MARG(N OF `A' STREET AS DESCRIBED IN AND DEDICATED TO THE PUSLIC U3E BY INSTRUMENT RECORDED UNDER RECOROINC3 NUMBER 8003130537 U%W A doe 07-18-03 Pn, EELIAAIN ARY SITE PLAN' ~ MULTlCARE AT AUBURN AAARKE'TPLACE ~ , , ~ up ~ ED ~ ; N O A N V . ~ . . . . _ , ' . ~ W • O s. N 20110427000530.026 Exhibit C Right of Way for "A° St NW THAT PORTION OF THE SOUTNEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANC3E 4 EAST, W M,{N KING COUNTY, WASHINC3TON. DESCRIBED AS FOLLOWS COMMENCING AT A BRASS CAP MONUNIENT AT THE lN1TERSECTION OF °A" STREET N E AND 15Tn STREET N E , THENCE SOUTH 89029'52' EAST ALONG THE CENTERLINE OF SAIG 15T" STREET A DISTANCE OF 30 93 FEET. THENCE SOUTH 000397T WEST A DI3TANCE OF 36 00 FEET TO THE SOUTH RfGHT-OFaIVAY UNE OF SAID 15N STREET AS RECORDEG UNDER KING COUN'FY RECORDING NUMBER 7208290387. ACSO BElNG THE INTERSECTION OF 7FtE EAST R1GHT-OF-WAY LlNE OF SAiD'A° 3TREET N E AS RECORDED UNDER RfCORDING NUMBER 7108100537, THENCE CONTINUING SOUTH 00°39'27' WEST ALONG SAID EA8T RIGHT-OF-IVAY LINE A DISTANCE OF 9T9 S7 FEET TO THE NOR7H LINE OF LOT 2 OF AUBURN 3HORT PLAT NO SP30-79 AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8001310747, THENCE.NORTH 89°51'02° WE87 ALONG SAID NORTH UNE A DISTANCE OF 2 98 FEET 70THE t•3.4't. IVORTHWEST CORPtER OF SND LOT 2, ALSO BEING THE NORTHEAST CORNER OF PARCEL `A' OF SAID SHORT PLAT, THENCE 50UTH 0101230" WEST ALONGTHE EAS7 LIPIE OF 3AID PARCEL'A' A DISTANCE OF 0 42 FEET TO A UNE DEFINED BY A BOUNDARY UNE AGREEMENT RECORDED UNDER KINC3 COtlNTY RECORDING NUMBER 8707131094, THENCE NORTH 89°28'52' WEST ALONG SAID BOUNDARY tfNE.A DISfiANCE OF 868 41 FEEI', THEMCE LEAVlNO 8AI.0 BOtJNDARY uNE AND CONTINUING NORTH 89°29'S2' WE$T A DISTANCE OF 27 29 FEET TO THE EA3T RIGHT-OF WAY LINE OF THE BURLINGTON NOR7HERN SANTA FE RAILROAD, ' THENCE SOUTH 00°41'09° WEST ALONG &AID EAST RIGHT-0F-WAY LINE A DISTANCE OF 106 81 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 88029'52° EAST PARALLEI WiTH SA1D BOUiVDARY LINE A 013TAMCE OF 77 00 FEET, 7HENGE NORTH 00041'09' EAST PARALLEL WITH SAID EAST RIGHT-0F-WAY UNEA QISTANCE OF 20 00 FEET, THENCE NORTH 45°20'32° EAST A OISTANCE OF 14 21 FEET TO A LlNE PARALLEL WITH SAID EAST RI0HT-0F-INAY UNE, THENCE SOiJTH 00041'09' WEST ALONG 3AID PARALLEL LITlE A DISTANCE OF 322 31 FEET TO THE BEGINNING OFA CURVE TO THE LEF7 HAVINO A RADIUS OF 690 GO FEE7, 7HEMCE SOUTIiERLY AND SOUTHEASTERIY 299 47 FEET ALONG SAtD CURVE THROUGH A CENTRALAfdGLE OF 24°52'01", THENCE SOUTH 24°1752" EAST A 0lSTAIYCE OF 30$ 24 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVUqG A RADIUS OF 805 00 FEET, THENCE SOUTHEASTE,RLY AND SOUTHERLY?4417 FEET ALONG. SAIO CURVE.THROUGH A CENTRAL ANGLE OF 2300726', URVE, SOll7H 02°'ITOY EAST A QISTANCE OF 9143 FEET TO THENCE NOId-TANGENT TO SAID C. THE NORTHERLY PROLONGATION OF A WNE PARAl.LEL WITH AND 40 00 FEET EAST OF THE WEST LINE OF THE LANOS DESCRIBEO IN WARIiANTY DEED TO THE CITY OF AUBURN RECORDEO UNDER KfNG COUNTY RECORDINO NUMBER 9803252478. ' THENCE SOUTH 00°56'34' WEST ALONG SAID PARALLEI LINE A.DISTANCE OF 58 81 FEET TO THE NORTH LINE OF THE EXI$TINC3'RIGFIT OF WAY FOR 1Q '3TREET N E AND'A' STREET N E FROM PARCEL B' AS DESCRIBEO IN WARRANIY DEED TO THE CITY OF AUBURN, RECORDED UNDER RECORDING NUMBER8803252078, RECORDS OF IQNG COUIVTY, WASHINGTON; THENCE ALONG THE NORTH LINE OF SAID EXiSTING RIGHT OF WAY NORTH 86°09'35° WEST 40 05 FEET TO THE NORTHWEST CORNER OF SAID DCISTIMG RIGHT OF WAY, 20110427000530.027 THENCE ALONG THE WESTERLY PROLONGATIOM OF SAID NORTH UNE NORTH 86609'36' WEST 4015 FEET, THENCE NORTH 01 °03'26' WESl` A DISTAWCE OF 143 34 fEET TO THE BEGINNING OF A CURVE TO . . THE LEFT NAVINt3 A RADlUS OF 525 00 FEET, THENCE NORTHERLY AIVD NORTHINESTERLY 21188 FEET ALONG SAID CURVE THROUGH A CENTRAI. ANGLE OF. 2300T26', THENCE NORTFf 24°'10'52° WEST A DISTANCE OF 306 24 FEET TO TME BEGJNNIfYG OF A CURVE;O THE RIC3HT HAVING A RRDIIf$ OF 770 QO FEET, TkENCE: NOR7HWESTERLY i4ND NORTHERLY 82 98 FEET ALONG SAID CURVE 7HROUGH A CENTRAL ANGLE OF 06°55`10°, - THENCE NORTH 86°Z8'16" WEST ALONG A; NON-RAOIAL LINE A DISTAPlCE OF 38 51 FEET TO SAID EABT RIOHT-OFaIVAY E.INE OF THE BURIENGTON NORTHERN RA1lROAa, THENCE NORTH 00°41'09" EAST ALONG SAID EAST FtIGHTAF-WAY UNE A DISTANCE OF 527 32 FEEi' i'0 THE TRUE POINT OF BEGINNINt3 CONTAfWING 107,000 SQUARE FEET (2 458'ACRES), MORE OR LESS SI7UATE lN K{NG COUNTY, WASHINZ'3TON ExhjbtC doC 08-1 S-03 20110427000530.028 d D Recum Aaarom City of Auburn C~ry Clerk 25 Weat Main Auburn, WA 98001 EXHIBIT D Above dus him reserved for ~ecordin$ mfammaoa coxsMvcrioN EAsEMErrr CCorporate) Refcance # (if appucable) N/A Grantor/Bmnvwer .i: . arancaeJAsngnedBcnoficiery cuy of auburn Legal DescriPaon/SZ'!t Assessor's Tax Parcel.ID No THIS AGRffivIENT, made dus day of , 2003, between the City of Aaburn, a. municipal corporatton of ICing Couaty, Wastungtan, hereinafter cermed "Granteeand _ hereanafter termed "~J8i1~QI n w1TNE►S►SETH' The Graator does hec+eby grant unta the Grantse and its authonzed agents a temporary nght-of-way or eassment to be used oaly dunng constrvction of . on adjacent property, sa,d temporary easement shall ternunate The said temporary nght-of-way or easemeat shali be through aad across the following de.4cribed property situated m King County, Washmgton, tnore parucularly descnbed as foltaws SBE EXHIBTTS "A" AND `B" A'ITACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF • Consuuction Eesement (Corporate) Page 1 of 20110427000530.029 • IN WITNESS WHEREOF, saud corporataon has caused this uisitvmeat to be executed by its proper officer(s) ttus day of 2003, Authonzed Signatuce Authorized Signature STATE OF WASHINOTON ) )ss. County of ICing ) I certify that i know or have satisfactory evidence that and ei+e thc peisons who ap'peated before me, and said persons acknowiedged that they signed th:s msaument, on oa stated that they were authonzed to execuce the uisuument andacknowiedged it as tke - and - of a oorporsdon, to be the free and -voluntary act of sucti- pakues for tfie uses aad Purposes menuoned in tlus instcumenL Dated , Notary Public in and ior the Statc of Washington residing at My appointaient expues - - lei Fiis # REF A DevelopmentlFornisU.ega! Docvmencs12003 Consuuftva Easement (Ccuporate) Page 2 of 20110427000530.030 Exhtbrt E 35' Addtdonal Pight of Way for 14t' St MIV THAT PORTION OF THE SOUTHEAST GUARTER OF THE 9QUT14E4,3T QUARTER OF SECTION 12, • TOWNSHIP 21 NORTH, RANC3E 4 EAST, W M. IN KING COUNTY,'WASHINOTON, DESCRIBED A3 FOLLOWS COMMEI+ICING AT THE NORTliWEST CORNER OF THE EXISTfNG °RIGHT OF WAY FOR 10m STREET N E AND A STREET N E FROM PARCEL H".AS DESCRIBW IN WARRANTY DEED TO TFIE CITY OF AUBURN RECORDEO UNDER RECORDING NUMBER 9803252078. RECORDS OF KING COUNTY. WA3HINC3TON. THENCE ALONG THE tVORTH UNE OF SAID EXISTING RIGHT OF WAY SOUTN 86009'35" EAST 40 05 FEET TO A UNE PARALLEL W17H AND 40 FEET EAST OF THE WEST UNE OF SAID DEEDED IANDS. AND THE TRUE POINT OF BEGiNNING, 7HEIVCE NOR7H 00°56'34" EAST AL4NO SAID PARALLQ. LINE A D[3TANCE OF 58 81 FEET TO A POINT OF CU$P WrTH A CURVE TO THE IEFI' NAVlNG A RADIUS OF 25 00 FEET (THE RADIUS CENTER BEARS SOUTFi $9°03'26° EAST). THENCE SOUTHERLY IWD SOUTHEASTERLY ALONQ SAID CURVE AN ARC LENGTH OF 38 01 FEET. - ` MORE OR I.ES$, TO A LINE PARALL.E1. WITH ANO 35 FEE7 NORTH OF THE NORTH UNE OF SAID Q(lSTINO RIGHT OP WAY, ThlENCE SOUTH 86°0915' EAST ALONG LAST SAID PARALLEL LINE A OISTANCE OF 454 42 FEET TO THE BEGINNlIYG OF A CURVE TO THE LEFT HAVING A RADIUS OF35 00 FEET, THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE AN ARC LENGTH OF 40 66 FEET, MORE OR LESS, TO'f'HE WESTERLY MARC3[W OF'A° STREET AS DESCRIBED IN AFID DEDICATED TO TFiE PUBLIC USE BY INSTRUMENT RECORDED UNDER RECORDING NlJMBER 8003130537, THENCE SOUTH 00039'3T WEST ALONG SAID WESTERLY MARGtN A DI8TANCE~F 81,46 EEET TO THE NORTH LINE OF TFlE LANDS CONVEYEO TO THE CITY OF AUBURN FOR 10 S7REET N E IN WARRANTY 08ED RECORDED UNDER RECORDING NUMBER 9803252077. RECOROS OF SAID couNrY, . THENCE IdORTH 86°09'35` WEST ALONG THE 1VORTH IINE OF 7HE DCISTINC3 WGHT OF WAY FOR 1e STREET N E A DISTANCE OF 504 79 FEET TO THE TRUE POINT OF BE{31NNIN0 EitAtOd E dx 07-18-03 20110427000530.031 Retiutl Addtess Cny ofAuburn Crty Gerk 2S West Mem Auburn. WA 98001 EXHIBIT F Above dns l,ne roservod for reoordm informmon • STREET IMPROVEMENT DELAY AGREEAZEENT (Project No. ) RofixeuCC q(tf 8pp11C8b1a) N/A Grantor/Bonawer Cny of Aubunrn Gramee/Assigaa/BeneSciary MulhCan Health System i,egal Descrtption/STR Assessor's`Tax Peroel ID# Tbis agrcemeat enterad into on the date hereinatter set forth by and betvveen hts/herJtheirhts heirs, successrns, and assigns hercwafter referTW to es the °owner^ ana che city of Aubwn, weshingcon, hereinatter refenr,d w as the "city" WITNESSETH ViTHEREAS, the Owner is in the process of developing his/her/thelrhts properiy on legally described as follows• SEE EXHIBTT `A' ATfACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. WHEREAS, the Owner has requeste,d pennission to delay the placemeat of strvd imgrovements to serve che aforesaia iegaiiy aescribed propercy and the request was approved by the Director of Public Works Dcpartment)(Public Works Committee of the City ofAuburn on the day of . 20 Sveet Irnprovement Delay Agreemat Page t of 7 20110427000530.032 WHEREAS, the awner ag±ees to install the c+equired street unproveements or pay the cost of street uaprovement consisting of one-haif (1/2) of a nrinor arteri,al, mciuding pavement, undergroundmg of utilihes, landscaPing, stonn draina8e, cur6Jgutter, sidewallc, illvmmation, channehzatioa, snd signung. AII improvements are to be constructed to City of Aubum specificahons. WHEREAS, thxs agreeraent is recorded vrnth the King Couaty Auditor's Office, and the Owner agrees #o advise all subsequent interests ia the subject gmperty of the existence of this sgreemmt. NOW, TFEREFORE, in considerauon of the mutual benefits to be derived herein, a deley is hereby authorized thw wilt allow the Ovvner to defer thc construcrion and/or payment of construction if done by the City, of the required strect improvemeats uatil the City deems it necessary to constntct saad improve.inents along 1& Street NE Fayments and/or costs are to be equaliy distrtribufed over ell praperties legally descn'bed above based upon the square footage of each grogerty. The Owner acknowfedges that at aay time during the term; of fts de18y when the Director of Public works so determiaes that the improvem~t Is needed to oompisment or complete other plaaned snd financielly secured sheet improvements m the immeduate vtcinity of the sftet improvements delayed by this a$reement, then the Owner sgrees to complete such improvements vvithia six mouths of notitication by the City. Should the Owner fail to acknowledge ttus requirement aad proceed Lo submit.his project plans for City review and approval .within 60 days of notice by the City, the Owner aclnowledges that the City has a right to perfocm the work and assess the cost of msprovements by filmg a lien against the Property described heiein in accordance with prncedures estabhshed ut Auburn City Cade Title 12 entit4efl "Street, Sidewalks, and Public Works". The Owner also agrees not to protest the formation of a Local Impmvement District for any or all of the stireet unproveme,nts listed above, if inrtiatea by the City or by praperty owners adjacent to or benefitiug the property It is fiuther agreed by the Owner, 6is/bedthenr/its re,specdve heIrs, successors, or assigns, and all other subsequent Uwners, their c+espective heirs, successors, or assigns, that should it be necessary for tbe City W enforce any of the hereinabove provisions of this sgreement, the Owner, hisiher/their/its hetrs, successors, and assigns hereby covenant and agree to pay the City all reasoasble atto;ney fees and costs incurred by the City ta enforcc the pmnsians of thns agreement The tecm of this a,greemern shall cbmtnence as of the date signed bebw and shall expue on December 1, 2012 unless earlier teimiriated pursuant to the provisions of this Street Improventet►t Delay Agreement Page 2 of7 20110427000530.033 Agreement. Upon expiration of this agmemeat, neither party shall have aay fiather oblig,ation aristng hereumder. An executed cogy of tlus agreement shall be recorded among the lsnd records af the • King County Audrtor DATED and SIGNED this day of . 20 . C1TY OF AUBURN DIRECTOR OF PUBLIC WORKS Owner Date Owaer Date HM bi • flle Sa+eet Dolay #XXX REF E 1S1arelMfuesslMastet $t Imp Delay Agmt Soreec Improvemert Dolay Agreeanent Pege 3 of 7 • 20110427000530.034 STATE OF WASHINGTON ) )ss. Cowity of King ) I certify that I know or have satisfactory evidence that snd - is/ace - the persoa(s) who appeared before me, and,said mdividuals(s) acknowledged tbat he/shelthey signed ttus wstrument and aclcnowledged rt to be lus/herRheuhts fiee and voluntary act for the Uses and purposes meationed ut this iasttument. Dalod _ Notary Public in and for the State o Washington rewding at MY aPPounment expires STATE OF WASENNGTON ) )ss. COUNTY OF KING ) I certify that I know or havs sabsfactory evidence that Deiuus R Dowdy is the person who appeared before me, and said pemn acknowledged that he signed this instrument, on oath stated thax he was authorized . to execute the insdrument aad aclonowledged it as the DIRECfOR OF PUBLIC WORKS of the CTfY OF AUBURN to be the free and voluntary act of such party far tke uses and purposes memioned in this instrument Dated Notary Pubtic in and for the State of Washiagton residing at . My appointtrienf expIres=- - Strcet Improveinart De1ay AFeamnt Page 4 of 7 20110427000530.035 STATE OF WASHINGTON } )ss Counry of King J . . I cettify that I know or have satisfactory evidence that. and isJare the -per - son(s) who appeared before 'me, and said partner{s} acknowledged tlat he/she/they sipd this instrum.eirt and acknowledgetl rt to be hiaJher/theirlits fiu and voiaatary act for the uses and purposes mentioned in thm instrutnent. Datsd Notary Public in and for the State of Waghington resi-dtng at My appomtment cxpires STATE OF WASHINGTON j }ss COiJN I`Y OF KI1VG } I cerdfy that I know or have satisfactory evidence that Denriis R Dowdy is the person who aPPeared before me, and said pecson aclcnqwlalged that he mgned ttus instrument, on oath statod that he was authorized to execute the inshvment aad acknowledged it as tbe ACTING DIRF.CTOR OF PUBLIC WORKS of the Cl'Y"Y OF AUBURN to be the fi+ee and voluatary act of such party for the uses and purposes mentioned w this instrwment Dated Notary Putilic in aad foi the Staie oP Washington mIsiding at My appomtrnent expires $trcet lmprovement Delay Agreement ' Page 5 of 7 20110427000530.036 STATE OF WASHINGTON ) County of King ~ I certify that I know or have satisfactory evidence thaz _ is the person who appeared before me, and said peison acknowledged that e/she sigaed this instnunent, on osth stated that helshe was attthorized to execute the instrvmeat and aclmowledged it as the of . a corporatioa, to be tke free and voluatffiy act of such perty for the uses and purposes meationed in this instrwnent. Dated Notary Pubhc in end for the State of Washuigton residuig at My appoiutrnent eacinre.s STATE OF WASHINGTON ) COUNTY OF KING ) I cer* that:I know or have satisfactory evidence that Dennis R Dowdy is the person who appeared befvre me, and said peison acknowIedged that he signed tius instrument, on ostii stated thet he wes auilwrized to exmft the instnunent and sclaiawledged it as the ACTlNG DIREGTOR OF PUBLIC WORKS of the CTTY OF AUBURN to be t6e fnee and voluntary act of such party for the uses and pucposes menuonal in this instrumem. Dated NotBry Public in and for tlie State of Washington resIding at My appouttment expires Snw impmvesnnt Delay Ageemenc Fage 6 of 7 20110427000530.037 STATE OF WASHINC3TON ) . ~ COUNTY OF KING } I cerufy I have know orhave satisfactory evidence that is/8re the person(s) who appeared befnre me, and said person(s) aclazowledgcd that he/she/they signed this instrmeat on oath stated that helshehhey was/wene suthorized to execute the irauumeret and acknowledge as the of the , a lutited liability company, to be the free and voleuztary ect of such party for the uses and purposes mentioned in the mstrument. Dated Notary Public in and for the Staite of Washington residing at MY aPPoiatmeat expires - STATE OF WASHINGTON ) )SL COUNTY OF KING ) I certify that_ I Iaww or have satisfactory evidence that Demus R. Dowdy is the person who appea~red before me, aad siud person ack:wwledged that he signed ttus insfiunent, vn oath stated that he_ was authonzed to eacecute the insttiment and acknowledged ii as the ACTING DIRECTOR OF PUBLIC WORKS of the CITY OF AUBURN to be the fi~ee and voluntary act of such party for the uses and purposes mentiaaed in this insuuinent. Dated Notary Public in and for ttie State of Washingtori My appointment acpires Sum Improvement Deiay Agreement Pege 7 of 7 20110427000530.038 EXMITn RUW Conveyance Documents for' 10'h Stceet NFJN W , ~ ~ . • Development Perticipation Agreeinent - April 4, 2011 20110427000530.039 City of Auburn Ciry Clerk 25 West Main Strcet Auburn, WA 98001-4998 Above this line reserved for recording information RIGH'1' OF WAY DEDICATION DEED Project Number C207A Reference # (if applicable): N/A GrentorBorrnvver: MvltiCare Health System, a Washington non-profit corporation GranteelAssigneeJBeneficiary: Ciry of Aubum, a municipal corpuratian of the State of Washington Lega! Description/STR: Ptn. SE 12-21-04 Assessor's Tex Parcel IDIE: 1221049018-08 The Grantor(s), MULTICARE HEATH SYSTEM, for and in consideration of ten dollars, and other good and valuable corisideradon, in hand paid, dedicate arid convey to the Grantee, CITY OF AUBURN a municipal corporation of the State of Washington, for right of way, pubEic street and public utility purposes, under the imminent threat of the exercise of Eminent Domain under the laws of the State of Washington, the following described real property:. A Right-of-Way described as follows: Situated in the County of King, State of Washington. SEE EXHIBITS `A' AND `B' ATfACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This deed is given under the imminent threat of the exercise of Eminent domain per WAC No. 458-61 A-206(1). Also, the Grantor requests the Assessorand Treasurer of said Counry to set over to the cemainder of Tax Parcel No.1221049014, the lien of all unpaid taxes, if a_ny; affecting the real estate herein conveyed, as provided for by RCW 84.60.070. Rtgnt orw8y nea,cafian Deea eage I ors 20110427000530.040 IN WITNESS WHEREOF, said, corporation has caused this instrument to be executed by its proper ot~icer(s) this day of .2011. Authorized Signature Authonze ignature STATE OF WASHtNGTON) )ss COUNTY OF K[NG ) 1 certify I have know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) aclcnowledged that he/she/they signed this instrument on oath stated that he/she/they was/were suthorized to execute the instrument and acknowledge as the of MULTICARE HEALTH SYSTEM a non-profrt corparatioa, to be tFie free and voluntary act of such party for the uses and pucposes mentioned in the instniment. Dated Notary Public in and for tFie Stafe of Washington Residing at My appointment expires Right of Way Dedication Dced Page 2 of 5 20110427000530.041 8xhibit A . , ~ i 1220490* + 10' WIOE ExISiINC . ( UTIUTY ESMT ` ~ ~TM 1 { W a ~ RADEAt BEARING S 89'03'26' E W C9 ~ I Q TP08 (PARCEL 1221049018 R/W) ~ ~ L2 - C10 t3 ~ Li L5 L4 L7 L8 • IOTH sTFIMT Nw L6 L9 TP08 (PARCEI 1221049014 R/IIY) ~ . + j NW CORNER ~ PARCEL "B' ( +i t CIJRVE DATA OEL7A RADIUS udren+ CY 87= 109' 4SOD' 38.01' 0 93'11'09' 25.00' 40i68' LINE DATA BEARING LENC1k. U S 86L9' ' 40.OS'_- l3 N 00'S6'34' E 58.81' L3 S 86 S' E 316.26. N 5 00'10'SO' rf 33.05' LS. N 86ti93S' W 340.19' Le 'ir E 380.24' 0 S 86"a9'~' E t38.t6' l8 4 GV39'3Y M 61.48' Ls w en9' ' w ti6+.eo' LEGEND 0 - 100 xxxxxxxx KiNC couwrr S~p~ IN FEET PARCEL NU~ABER - PROPOSED R/W TAKE PROPERTY LINES - - coNSrRucnoN t PERMANENT RiGHT.OF WAY EXISiING EASEMENT SEC.1Z T21N R4E W.. - - - - aRaaosEn p~. EASEMENT PRaPOSED TEMP. coNSr. EASEMENT Page 3 of 5 ' TO?AL AREA: 502,140 SF OETENTtON P4ND TRACT ACQUISITION: 124,619 SF PARCEL 'IZ~O4AO~ 10TH STREET NW R/W OED11CATION. (8Y OYYWER): .12.023 SF TOTAL RE1r1M0ER AREA: 365,498 _SF A$TREET NW EXTENSION iEMPORaR",'r COONSTRU TION EASEMENT ~ARFA S6,ea1 sF RlOHT OF WAY • 20110427000530.042 Exhibit B PARCEL 1221049018 PERMANENT RIGHT OF WAY TAKE: THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT "X" LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTE3EAST QUARTER OF SECTIOi!I 12, TOWNSHIP 21 NORTH, RANGE 9 , EAST, W.NI., CITY OF AUBURN, KING COUNTY, WASHINGTON; MORE PARTICULARLY DESCRIBED AS FOLLOWS: AI;I, THAT PORTION OF TRACT °X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST 60RNER OF THE EX=STING "RIGHT OF WAY FOR lOTH STREET NE AND A STREET NE FROM PARCEL B" AS UESCRIHED IN WARRANTY DEED TO THE CITY OF AUBURN RECORDED UNDER RECORDING NUMBER 9803252078, RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG THE NORTH LINE OF SAID EXI$TING RIGHT OF WAY S 86°09'35" E, 40.05 FEET, TO A LINE PARALLEI, WITH AND 40 FEET EAST OF THE WEST LINE OF SAID DEEDED LANDS, AND THE TRUE • POINT OF BEGINNING; THENCE N 00°56'34" E ALONG SAID PARAi.LEL LINE A DISTANCE 0F 58.81 FEET TO A POINT OF CIISP WITH A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET (THE RADIUS CENT£R BEARS S 89°03'26" E); THENCE SOUTHBRLY AND SO[JTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 38.01 FEET, MORE OR LESS, 'PO A LiNE PARALLEL WITH AND 35 FEET NORTH OF THE NORTH LINE OF SAID EXISTING RIGHT OF WAY; THENCE S 86°09'35" E ALONG LAST SAID PARALLEL LINE A DISTANCE OF 326.26 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID TRACT °X"; THENCE S 0°90'S0" W ALONG SAID EAST • LINE A DISTANCE OF 35.05 FEET TO A POINT ON THE NORTH LiNE OP 'tHE LANDS CQNVEYED TO THE CITY OF AUBURN.FOR lOTH STREET NE IN WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9803252077, RECORDS OF KING GOUNTY; THENCE N 86°09'35" W ALOiVG THE NORTH LINE OF THE EXISTING RIGHT OF WAY FOR IOTH STREET NE A DISTANCE OF 340.19 F£ET TO THE TRUE POINT OF BEGINNING, AND THE TERMINUS OF THIS LINE. , CONTAINING 12,023 SQUARE FEET, MORE OR LESS. er 1/20/2 ~ aA L 32507 i' t ~ Page 4 of 5 TOTAL ARf/r 502.140 SF pETENfiON POND iRKT IICCUISRION: 124.819 SF PARCEL 1221048018 . iorn srw Nw'a/w ocoxanoN (sr owNER): 12.023 SF roru REwMER arMk' M.+9e SF A 8TREET NW EXTENSI_ _OPI ~u~ SLOPE rRU ~r' ~ ~.ss1 SF RKiHT OF WAY 20110427000530.043 Exhibit B Continued PARCEL 1221099018.TRACT "X": PER PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. LOT 2, CITY OF AUBURN SHORT PLAT NC>: SPL01-0005 RECORDED UNDER RECORDING NUMBER 20031223001153, BEING A PORTION OF THE SOUTHEAST QUARTER OF SEGTION 12, TO.WNSfiIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID LOT 2 CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING 1VUMBER 20040329001219. Page S of 5 TOTAL ARFA 502.1,40 SF DETENTION PONO TRACT ACOUISITION: 124,619 SF PARCEL 1221049018 i_OTH STREET .NW R/W DEOICATION (BY OWNER): 12,023 SF _ , . TOTAL REMAINDER AREA: 365,49e sF A STREET NW fXTENSl01d PERMANENT SLOPE EASEMENT AREA: 10,317 SF TEMPORARY CONSTRUCTION EASEMENT AREA: 16,641 sF RiG1HT OF WAY 20110427000530.044 PUBLIG W4RHC5 DEPARTME1VT ENGtNEERTNG DIVISION 25 Wcst Main, Auburn, WA 98001 A998 (253) 931-3053 FaX TENIPORARY CONSTRUCTU()N EASEIVIENT 8afftvm 1l (if eppliceble): N/A arantor. Mutticarc Ncalth Syztem, a Wndv4gton tton-profit corpomtion Gt'aaKc: Gity oeAvburn, a muaicipul csurporation of tho SEace of Wasbiag*n Legsi lhscriptioxfJSTR; 1'tn. SB 12-21-04 I►,sse.canr'a Tax Patcel IDR; 1221049018-08 propccty Addteas: 1230 C Sneet NW, Aubum, Washingtoa PROJECT NO. C207A - A Sbmt 1WV Batensioa The 4rantor, MULTICARE iikALTH SYS7I'EM, a Wee6bgenn non proflt cvrpvrelion, for and in considGratian of TEN DOLLARS ($10.00), end,other gtwd and vakuable considcxation, vaceipi of wbich is hereby ackaowledgbd, hcreby convey(s) and Srant(g) unto the CITY. OF AUBUYtN, a mnnictpal curpbrattoa of the State oi Wsebington, its coatracnors,.employecs, egeats, successora end assigas, (prant.ec3),urnder the immineut thre$c of thc Grantoe's exercise of ' its rights af Fmuient Domain, the right to eater upon that portion of lmid thc riA'privilcge and te~npcyrary easoment avcr, upon, and aca~oss thc beareinafter dcscn`bod lands for the Pu~pose(s) ~f providing a work area for adjar.ent roadway and utility oonsbvdon related acdvities and for re- con9tru,ctiag Portions of the propeaty to match the planned impcovementa. Said lands beiqg sjtuatcd ia King Couaty, State of Washington, and described as fol1ows: For leo dcscription, sce Exhibits A aad B, attachod hereW a,nd madc a part hereof. The Cmnar and ft cnaatee, bY accePang and sigaing tWs docment, mucunUy covrnam and agrec as follown: 1. T'be Grantoe shall, on 'coiaplat:an of tlhe wark, remove all debris and restare the surface of the above descnbed praperty fo a condicion equal w or bettcr thaa thal whic,h existed on the date of this agmernent. 2. Access to Grantor's prapaty shall bo maiutairnrAl al ell times du:ing the 4rantoc's A Street NW Factaision Projcct. TCDPOkry Con~rUWM EmamWt . Tax Parod Na 1221049018 P$gc 1 of 3 20110427000530.045 3. The temporary riots granted hcrein shall commem npon C3zantoe's authorization to its constnuMion contractor to procced with construction ("cmnsttuction ssact daWl and oontuwe urtil the compTetiun of ttse prnject improvements. Datcd this _ day of 2010. GRANTOR MULTICARE dEA1aTH SYSTEM, a Weshington na-proltt cotposadoa GRANTEE • CITY OF AUBU~tN, a mum~lcipal corporatloa of the State of Washington Y: Dcm is . ScRe, - tY n&cca Pubuc wcTca nqarttneat Temponvy Clnwmrion Evsw%m rex Tm+ed No. 1221049018-08 Pege2of 3 20110427000530.046 STATE OF ) )S9. COU,N't'Y OF ) i ctalify I bave gaow or have satqsfactory evidencc that is/are the pGrson(s) who appwred_before me, and sid gerson{s) acknowlecigod that heiR e7they sigod this ;instrument on aath statvd " hetshe/they waslwerc authosized to executie the _ inntruamt and actmowledge as the of MULTICARE IiF.AY.'`H SYSTEM, a Wsshingbon Ron-r~oft corporatloa; to be the fice and voluntaty act of SUch party for the uses and pwpvsm menttoned in the iastrnmelit Dated ' . Notary Public in eud for the State of Re,ai~ng st my s}noiatment acpicce STATE OF WASHTNGTON ) )ss. CDUNI'Y OF KTNG ) I certify tbat 1 lQtow cs bave 4atisfacboYy evideace that DENNIS SELI.E is the pemn who appcared be= me, oita said indivlduaVs.aclrnowloclgod thot heishelthey signod this msuument and acknowledged it to be his/ha/their Cree and voluatary act for the uses and purposes m"aned in thts insftment. Datod N~ Public in sad for the State W ngWn Residu~g at IViy appnintment eacpires - . TOMPOMY CMWK&un Euwnm Tex Parcal Na 122104901848 Pego 3 of3 20110427000530.047 EX1i1BtT A Po9e 1 of 2 MAYCHUNE SEE Sl{EET ~ rm s~ e"aNT ~ 1 74 (~Y~+'raeESl taa~D~l~ I ~ s \ 'A S~ Md RIGM Of YYJ►Y ( ~ \ ~~p~p`ROCORDBiO N0. % ~ s~~► is.ea.~. ~ I ~ \ IOA6' 0 Rt 1 I RADIAL BFAMNa ' I S 55-48'04" w Top C0RD wlm+t ~ BUM VA 3+*35.72. ~ /p~T[N11Q1 POND w i~ R~I ~ i t0 ffi,10~~A. PfF 1 60.00 AT t /MWCN1 (MOM4 N0• ~ ~ M OTITOr W. 107.BJ ! 2MMteoDOOM) AWAc eEAMC ~ S OB'6A'3Y' W 1 4TA 33+4574. 41,90' . STA 33+44.61. •1.92' IT POB ~ ~y,TM !U 33+~B.Z~ ~31'~AT I ~ z ~ gu i0+av.2ti 4O.oO' u~~ ~ ii~w FI~EErtr g RAox ~!G ~ tr r~~~ 50'33b9" 6 m j, h SG1 10+lLOS. SL00' tS w ilri OOMSi ESWi ~ + -j 1 1 t~ 12*00 _ _ Z , OTWH 1 q ~Om~G►~ Br OMN~a ~H 8'~ET NYV ~ (sEi el¢ct 1) ~ s p STA 13+78.0Us I m 4Q.90' lT . a~.. , : ~ _ - - Z 4+00 ~ P~AvF1 Elt 0 100 I vaaPas~o n~+r us~ ~ st^1a`TS.sti:. s PNOPERfi lM SCKfi IN FfET ~ CIiISTWO'FJUMFM aWosw f+[E+. ~ - ~ ~~°ir ~ iZ T21N 7PARCEL WJL - toTAt ~i _sotl Ao ~ ~ ss 1~'~049018 POqO itGC~ ACOt~* 124.9 ,oM ssr_r MW rt/w ot9x~ er oww~ ILM.3 SF A 9TIOET NW EXTENBtOfd roru ~ pF WAY__ . ~ ~ ' ~ 4s41 sr - 20110427000530.048 EXHIBl7 A Ps9e 2 oR 2 ~ T srA is+ n. S9.a5•~-J ~6. ~ ~ ~ SrA i8+7•6.10~l. 57 wa' ll ~411'I Sl~ ~ L ~72.3T.grA 4e+:1.7+. 73,39• 0 I I Sill 46t2137. 60.J4' R? I ` 46412.13. S0.lb' Ri ~ gTA 46•09.18. +0.' m ~ I~....- 7l11P C01811NGItON CJ1SE~~~►R raoa ~c ~MU~r ~ I . ! ~ ~ j I ~ 8r81B! o~=a~ea' r . eo.ss~ rt I Y ~ s~• ~ . ~ 4 pjpy $~QPC LSIiT 080MM ~ ~MOMM~ ! ~ su 39,700, -M-j ~ t, RAp1AL 9LA~0 ~ t N essso•• e . ~ ~ Mv caNS+aJM lRi67gim tQ~tns maErrt ("uTM wm ~ MATCHI.INE SEE SHEET i T4 ~n ~~r v~os~o Ww su~r. ~p ~ rcEr _ _ r~tarn ~s CMGMC=` _ - a~nru Fi►st~ ~ _ - - PNOOOSEA PERhI. '~{IAPOAAF~Y COMM=TM FASMENT BEC. Yl Y2fN R4E WM toraLaEq- xr.lw sr .,~10sr PARCFL 12210aAOt8 o~,a,_vo~o ra~cT ~ ,2~~ 1:.cza sr +arn s~~ rnM "~"n0°' A 8~T 1~IVItE)CTQ~ISIO!'I ~~oc" uw~ ~ ,317 sF RIOHT OF 4VAY ~6.e•, sr osra6cn~ow t4WuEr,s.M 20110427000530.049 EXHI617 9 paga t Of 3 pAg= 1221099018 TEMp01aARy LMSTRVGTIOi3 EA6MlENT: TFIAT FARTIDN op TiiE HEREINAFTBR 06SM9Ea TRACT llx" LUCAZED !N THE SOIIT9EA8T.-QUART9R OF THE SOUTFIFAST QUa►RtEg OF SEC'PION 12, T0~7NS~liP 11 NORTH. RAN6E 4. EASZ, W.M., GZTY OF AVSUAN, FfI1JG. COtJ►aTY, ~lASBINGTONt MORB P7►RTICIILARLX DESCItIA£0 AS FOLIAkB: ALL. THA? PORTI0N OF T ~Et BEaTNNING .AT AI~ AT FO7+LOWIDIG DFSCRYSED LTSE IN9'LASF•CTION OE' TAE EAST LYNF OF SAlII TRACT "X° . ANfl THS NQR17i. LIP18 OY` TR8 lOTH STREET RiGHT OF WAY TO _DE ACGUYRSD PER AGREEiIENT 713 D85CAIBSU IN &HI9YT "8". REenRUnRG iaoIMER 2003042, e.ooooe3, RWCCiRD9 OF. A=NG COi1NTY. WA5HI1zG?ON,, OPPOSITE EPtGINBI~ItS STATION ~3+78.31 AND 33.00 FEET NORTIiLRLY. MEAStTRSD AT ' RIGaT AtlGLEy TABAEF►R~OMr ON '`HS lOTl1 STREBT iaW CON9TRUCTION_CSNTE~NE AS SSODPN QP 'PH$ CITY OF , AUSURN °A" S1`RKET NAl siCTEMI0N RIGHT OF WAY PLANS AppROVED 4/21%2020 AND RECOSD I1Nn~ ~~~~~TOp;~ H0 . , RECORD9 OF KI G(7ttU1!1.. . TIiE~~LY 1~►T~ONn SAID ~AST. LI1QE OF TRACT "X" 'Pa A BOINT dPPOS2'PE ENGINEBAS STAT.IODI 13+78.03 pp gAID. CEN'rERL1NE A~ID 40.00 FFET- NQATHER~'Y T~~~~: ,T~pCg W;~gLY TO A POIi3T OPPOSITE _ANA ENGINEEAB BTATYOD~ 10+59.24 0~3 SAt_ 1~BRLY TO . . ? NOATHERLX T}iE[;EFROMI TMMCE 40.00 FEE 000 FE''~ EASTSRLYG MF•ASUREO AT~RIGB?3AlIGLF„AND . TEEROOH, 6N TH~ "Ap_ STitgET. NW CQNS'1~FWC'rION CENTBAL.INE l1s SBO~ii+l OiQ THE CITY OF 7WSDlm1 "A" STREET p190 EXTENSIQN RIGAT 08 WAY PIANS OF~AQSVRNi. TIS!iCE - P~LTC ➢~GRK.4 D8PAR''l9EHT. A~a!16 A NON-Ti►NGP.'rT CORV~ CONCAVO TO TH6 A1ES? :TAE pAplAi,. POIla7' OF 9PSICK BEAMS S BB836'33" N, 623.00 ' E'EEt DISTANT, ?4lROUGH A DELTA ANGIE OF 23007129" A DiST2►NCL OF 252.25 FF•E? TC AE'OIM OPPOSITE AND ENGjNEERS StATZOma 36+63.75 CN SAID CENTERL~STi~•Y 60.00 FEET EAS?EIU.Y TXLRBFR~Ss T~~ O ?0 A POINTOPPOSITE ENGINBERS~S~ TSEA9TERLY 0 OIi S7►ID C_ElT,~IPE AD~v 60.00 FEE THEREF~If TIiENCE AlAiQG A TIiNCEPr CtJAVB CoHC7►vS TC THE ZAgT 'FIAV1NG A A71DIU3 OF 670.00 BEET, ?IiAOUGH A OGL'cA,RNGLS OF 24°52'OS° A SISTAi3CE OF 290.80 ltBET rp A POINT. OQPOSZTE b'~1GINEER9 STATiO'N 92t86.88 Og sax.c c~~r.ris ari~ 6a._39 r'T e~►sT~x ~~ort; 46~ZiEZj~WI SAiLD. CSNT6iiLTNEPA1~1Di60; 3~F£STREAST$RLYa TFIgpE6ROMJ ~S~RT.1c TO A: E~OINT OPi'09ITE ~TOZNSgRS SzATTON 46+.21.27 ON SAiD CQi~i''ERLTN@ AND $9.45 FEET BAS'rERLY THEREFROdi TlfENGE SOItTHNE3TERLY Tp A pp3jiT OPP091TE ENGL M-kas sz71Ti0N 46412.13 QN SAID CBNTLALIME ANU 58.35 FBtT 6ASTF.RI.Y TtiERErRWy: {CON'd'INOEn.. . l mu~ anEx soia+o st PARCEL 1~1049018 OE1Lp80N POt~ T1i~C[ ~ 114,019 9 - - - tOM 47ACET. NR " OLCK'JU70N I81' OwERk 17M1 sr rOTk. IGOCO uU--M49a sr A 87RBE7 NW_ UTENSfOAI adnuWEMi MF'C E410"r amw ,asiv sr FUGHT OP WAY ~p~IpQRARtr C~NSiR17Gi1GM CARE~iM ~ t6.6~1 9P' _ 20110427000530.050 pC}ii81T B pa9e 2 of 3 rARCEL 1221049018 7'EMP CoNSTWCTYON LASEMEW iCONT. } TtiOCE :SOUTii$R7+Y 'PO A YOIN'r OPP091TL ENGIt1EERS STATION 42t86.88 ON 8AtD ~Rr.SNE Al+1D 50.39 FEET EAS7'~ttLY TASREFROM, A1vD THE HEGINNINOp 0680.00f'E~~: CCt+ICi~►VL TO T~ &A4T HAVf1Yf A PADIUS THEKCE ALcING $AID CURVE ?AROUGH A DELTA ANGi•e. OF 24'52'05° A DSSTAtiCB OF 295.14 FEEl' TO A_°OIN'1' Ola09I1Tr EN6INE8RS S?AT10IZ 39±70.00 ON Sl►=D CENTERLFNE Ai+D 50.00 F88T EASTERLY TAERP:FROMs THE~CS gpjjTgtilP$TERSrY TO A FOINT OPPCISITE ENGGINEEEtB STATIOP 39+10:00 oN sAro csi?rERz=xE atOo. 47.50 FgET SA,STERLY THgRSgRQNf TI{ENCE SOUTBEASTEQI.Y TO A POINT Os'1'C3SITE RNGINZLRB. 3TAT20N 36*63 y5 OD1 ST~CE a~~ ~Y SOUT 47 . 50 FEBT 8A9RBRLY TId8RE1'ROD'1: Tp A ppINT OPPOSI7'g ENGIHESR +$T1Ti0U 36+63. 75 ON SAID CEN tEiu+intE AND 45.00 SFS't_ BASTERLY 'iHERBHROMi THENCS ALOKG A iON-TANGh'Nt CURVE CONCAV6 TO THE WEgT. THE SApTAL POINT OF MIICA.9EAR9 S 6.~`' 49' 04" W. 610.40 FSET DISTANT. THROUGH 7► DELZ'A ANG1Z CE 23'07'29° A DIST1►biCB OP _246..20 F'SET 1'b A POIIVT ' OPPOSI?S HNGINSERS 'JTATIOF 34+35..72 ON 3AID CEN'rERLT~+S AtdD 45.00 FEBT PAS~ERLY TAgREFRCMI TBElsCB N gpIITHERI.Y T0 A?DIN7 OPPQSI~'8 ENGINEERS STATION 33+28.22 0~ 8A=D_C~~+~ AND 47.31 bSET SA+TMY TaERF.FROMt TfiENCS nL0NG A etON- Nuicit EHRS TO RaE NORTFSAST THE RA,DIA3. PO D1 50'33',09" E. 25.00 ~EBT DISTAI4'r, Ti~ROUGti A DELTA AnfGLL Of' 46°42131" A DYSTANCS CF 20.38 FUT TO A 1QTST87AE8T NW CONS RQCTI011ACSAITERIINB.AND 35s OD FEFT NO1t2HXRLY TdF.R~.: TFIENCE.. EASTL'RLY TO TH5 POIpT 0r SEGtNNING ANO THE 1'OWNU9 OF THIS S.I14E- CpHT8INING 16,441 SQUJ►ItE EEET, [dORE OR LS93. . a ~ . ~'~e ~ t~ ~ie sa:.~w s► ots~ rowo ~ +~!'~a'': 1:4.e,9 sr PARC~I. 12~t049018 tOiM 5111F1T Nw M~ ~~~~p URM 12.713 SF SOdt A s~~ ~~N AE~ ARCk J~.~ , . vE~aw+EN► f~,aPE EI~NT ~ t0.at1 s~ tilOH'f OF WAV Tdb~Rl' OON~RYCIIOM EI~SN!!qf ARfk t&811 SF 24110427000530.051 EXHIBIT B page 3 af 3 PAlZGEL 1221049018 TRACT "X" : PER PACIE'IC NOR7'HTidEST TITLE COMPANY OF WASHINGTON, INC. LOT 2, CITY OF AUBURN SHORT PLAT N0. $PL01-0005 RECORDED ONDE-R RECORAING NUMBER 20031223001153, ,liEING A POR'1'ION OF THE . SOOTHEAST QUnRTEtt OF SECTION 12, TOWNSSIP 21 NORTH, RANGE 4 EAST, W.M., IN KINC COIINTY, WASHINGTON; EXCEY'.t' THAT PORTION OF 9AID LOT 2 CONVEYED TO THE CI.TY OF ACJHURN 8Y DEBU RECORAED UNDEIt RECORMNG NUMBER 20090329001214. TOTAL AWk- 5OZ 140 sf - - PARCEL 122~Oa9ot8 oEr~noN aoNO Tw~cr aoou~smow: 12a,s1~ sF • IoTM snw Nw R/w aEOrcanoN (er awKz); 112.oz3 sF TOTAL REMAINi7ER AREA: 365.498 5f A STREET NVY EXTENSION PEMMENr sui~E WaMT aIE+: 10,317 sr RK3HT OF WAY TEMdPORARV CON51RUC1rON EASEMENf ARFIr 16,641 ~ 20110427000530.052 City of Aubum dry Cierk 25 West Maia Street . Auburn, WA 980014998 Above this line resen►ed for recardiag information RIGHT OF WAY DEDICATION DEED Project Number C207A Reference # (if applicable): N/A Grantor/Bornower. MultiCsre Health Systan, a Washington non-profit corporation GranteelAssignee/Beneficiary: Ciry of Aubum, a municipal corporation ofthe State of Washington Legal Description/STR: Ptn. SE 12-2 t-04 Assssssor's Tax Parcel ID#: 1221849014 The Grantor(s), MULTICARE HEATH SYSTEM, for and in consideration of ten dollars, and other good and valuable consideration, in hand paid, dedicate and convey to the Grantee, CITY OF AUBURN a municipal corporation of the State of Washington, for right of way, public street and public utility purposes, under the imminent threat of the exercise of Eminent Domain under the laws of the State of Washington, the fallowing described real propcrty: A Right-of•Way described as follows: Situated in the Counry of King, State of Washington. SEE EXHIBITS `A' AND `B' ATTACHED HERETO AND BY TH1S REFERENCE MADE A PART HEREOF. This deed is given under the imminent threat of the exercise of Eminent domain per WAC No. 458-61 A-206(1). Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of Tax Pareel No.1221049414, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided for by RCW 84.60.070. Right of Way Dedicadon Deed Page l -of 5 20110427000530.053 IN W[TNESS WHEREOF, said corporation has caused this instcvment to be executed by its proper officer(s) this day of , 2011. Authonze Signature Authorixe ignature STATE OF WASHINGTON) , ) ss COUNTY OF KING ) [ certify l have know or have satisfactory evidence that is/are the pcrson(s) wha appeared before me, arid said person(s) acknowledged that he/sheJthey signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the of MULTICARE HEALTN SYSTEM. a non-profit cocporation, to be the free and voluntary act of such partyfor the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington Residing at My appointment expires Right of Way Dedication Decd - Page 2 of 5 i 20110427000530.054 SXHIBT A . . _ - - - - - - - ~ ~ 10' WIDE EXISTING ~ unurir EsMT f 1221049094 W W u~I HOnUTM Z RADIAL BEARING I S 89'03'26' £ ' C9 Q TP08 (PARCEL 1221049018 R/W) 5' TEMP CONST ESWIT SEE PAGE 2 . ~j ~ L2 - C10 • L3 - - Q ` ' Ls La Le ' ' ~TM MN '-6 `s I t TPOB (PARCEL 1221049014 R/W) I NW CORNER - T- PARCEL "B" _ ~ I.. . _ ~ _.t. ' - f I1 ~ CURVE DATA cUra swius LEpcn+ w e7o6'09' 25.g _ae.ai. 10ss11ros- n.oo' ,o.es• LINE DATA 9EARING LfNGTN U S :8M'SS' . . 40.05' . l2 1! 0636'3r' E 58.61' 1.3 S ffiW'33 E 318:28 , L4 s ar40'so• w 35.05' LS N 88V9'35' N 310.18' LB 5:86'09'3S' 380.24' L7 5 8609' ' 138.I6' La s W1 ' r rr 61.4e' L9 M 8609'3r W 184_60' Q 1 00 SCALE IN FEET LEGEdB xxx xx KINC couNn PARCEL NUMBER ~ PROPQSED R/W TAKE ----MaERTM uNa PERMANENT RIC3HT OF WAY eoNSrRUCnaN t SEC.12 T21N R4E W.M. EXISTING EASEMENT PROPOSEO TEbtP. EASEMENT Page 3 of 5 Toia. nRE►: 475,074 sF PARCEL 1221049014 tOTht STREET NW R/W DEDICATtON (B1' OYVNER): 5,894 Sf TOTl1L REAiAINOER AREA: 469,180 SF - PERMIWEMT SLOPE EASEIAENT AREA: 76 SF A STREET NW EXTEN310N rEMPOruFrr coNSTRucnoN E►stMEM aRFa: 1,30e sF RIQHT OF WAY 20110427000530.055 EXHIBT 8 PARCEL 1222049019 PERMANENT RIGST OF WAY TAKE: THAT PORTION OF THE HEREINAf'TER DESCRIBED TRACT X" LOCATED IN THE SOUTHEAST QUARTBR OF TFIE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, EtANGE 4 EA$T, W.M.,_ CTTY OF AUBURN, KING COUNTY, WASHINGTON; MOEIE PARTFCULARLY DESCRIBED AS FOLLOWS: AF,L THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST 60RNER OF THE EXISTING "RIGHT OF WAY FOR lOTH STREET NE AND A S2REET NE FROM PARCEL 8" AS DESCRISED IN WARRANTY DEED TO THE CITY OF AUBURN RECQRDED UNDER RECORDING NUMBER 9803252078, RECORDS OF KING COUNTY, 9VASHINGTQN; THENCE ALflNG THE NORTH LINE OF SAID EXISTIN6 RIGHT OF WAY S 86°09'35" E, 380.24 FEET, MORE QR LESS, TO THE WEST LINE OF SAID TRACT "X", AND THE TRUE POINT OF BEGINNING; THENCE N 0°40'50" B ALONG SAID WEST LINE A DISTANCE OF 35.05 FEET T8 A I,IN$ P14RALI.EL WITti AND 35 E'EET NORTH OF THE NORTH LINE OF SAID EXISTING RIGHT OF WAY; THENCE 5 86°09'35" E ALONG LAST SAID PARALLEL LINE A DISTANCE OF 138.16 E'EET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY AiJD NORTHERLY ALONG SAID'CURVE AN ARC LENGTH OF 40.66 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF "A" 5TREET AS DESCRIBED IN AND DEDICATED TO THE PUBLIC USE BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8003130537; THENCE S 00°39'37" W ALONG SAID WESTERLY MARGIN A DISTAN_C.E OF 51.98 FEET TO THE NORTH LINE OF THE LANDS CONVEYED TO THE CITY OF AUHURN F'OR lOTH STREET NE IN WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9803252077, RECORDS OF KING 60[JNTY; THENCE N 86°09'35" W ALONG THE NORTH LIiNE OF TFtE EXISTING RIGHT OF WAY FOR lOTH STREET NE A DISTANCE OF 169.60 FEET, MORE OR LESS, TO THE TRUE FOINT OF BEGINNIAIG, AND THE TERMINUS OF THIS LINE. CONTAINING 5,894 SQUARE FEET, MORE OR LESS. ae1 ~PiL. C 9 ~ °o ao - t~ 32507 tf:~~Al lAl~ ~ . ' Page 4 of 5 . rorat, AREA:-_ 475.074 PARCEL 1221048014 Ion+ srRM Nw R/w oEUc►naN (ey ovrN¢a): 5.894 sF TOTAI. REMNNDER ARFJN 469.180 SF PERWiNEWT SLOPE EASEYENT ARE0. 76. SF A STREET NW EXTEPISIOM rEMPORnar consrRUCnoM ¢asDEW aRM' 1.30e sF MOHT OF WAY 20110427000530.056 PARGEL 1221049019 TRACT "X": PER PACIFIC NORTHWEST TITLE COMPANY OF WASHZNGTON, TNC. LOT 1, CITY OF AUBURN SHORT PLAT N0. SPLO1-0005 RECORDED UNDER REGORDING NUMBER 20031223001153, BEING A PORTION OF-THE SOUTHEAS.T QUARTER OF SECTIQN 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. Page 5 of 5 TOTAL ARFA 475,074 sF PARCEL 1221049014 1QTH STREET NW R/W 'DE0.1CATtON (BY OwNER): 5,894 SF 70TAL REMAtNDER ARFJ1: 469.180 SF - PERMANENT SLOPE EASEMENT AREA 76 _SF A STREET NW EXTENS{OPI TEMPORItRY CONSTRUCTIdM FASEMENT AREA: 1,308 SF q~~ pF WAY 20110427000530.057 Return Address: City of Aubum City Clerk 25 West Main Aubum, WA 98001 Above this_line reserved for reoording information. PERMANENT SLOPE EASEMENT Project Number C207A Reference # (if applicable): N/A GranWr. Multicare Heahh System, a Washington aon-pcofit corporation Grantee: Ciry of Aubum, a municipal cotporation of the State of Washirsgton Legal Description/STR: Ptn. SE 12 21-t?4 Assessor's Tax Par+cellD#: 1221049014 The Grantor, MulitCare Health System, a Washingtan non-profit corporation, for and in consideration of the sum of TEN AND NO/100 ($10.44) DOLLARS, and other valuable consideration, hereby conveys and grants to the City of Auburn, a municipat corporaNoa of the State of Wasbittgton, its successars and assigns, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, an easement over, under, upon and across the • hereinafter described lands situated in King County, State of Washington, for the for the purpose of constructing, reconstructing, operating, and maintaining a slope easement related to 1& Street NW/NE: For legal de"scripiion and additional corid'ttions, see Exhibit A and B attached hereto and made a part hereof. This easement is given under the imminent threat of the execcise of Eminent Domain per WAC No. 458-61 A-206(1). Also, the Grantor requests the Assessor and Treasurer of said County to set over to the remainder of the hereinafter described TRACT "X"", tke lien of all unpaid taxes, if any, affecting the reat estate herein conveyed, as provided for by RCW 84.64.070. Pumanent Slope Eesemrnt Tax Parcel No. 1221049014 Page 100 S 20110427000530.058 Grantar: Gtantee: MultiCare Health System, a City of Auburn; a municipal corporation of Washington non-profit corporation the State of Washington By: By: Peter B. Lewis,'Ciry Mayor Date Signed: Date Signed: APPROVED AS TO FORM: By: Daniel B. Heid; Ciry Attomey Date Signed: STA't'E OF WASHINGTON) , ) ss COUNTY OF KING ) 1 certify 1 have know or have satisfactory evidence that = islare the person(s) who appeared befare me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowtedge as the of MUI.TICARE HEALTH SYSTEM a non-profit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrumenL Dated Notary;Public in and for the State of Washington Residing at My appointment expires Pcnnmieat Slope Easement ` Tarc Parxl No. 1221049014 Pege 2 of S 20110427000530.059 EXHIBIT A 10' VYIOE EXISTINC ~ i UTiUTY EASEMENT ~ 5' TEMPORARY I ~ CONSTRUCAON EASEMEWT 15+403t, 57.40' LT ~ ' i 3+78.03t. LiJ 40.00' lT i5+36.35. ~ 57.90' lT 13+78.31 t, i 35.00' LT ~ RADIAL BEARING: W N 80'11'14 W ~ 15+16.47, ~ ~ 40.00' LT C11 ~ _ . . - - 12 ~ 15+15.47, ( 13+00 35.00' LT 14+q0 i5+pp I ~ I i - - IOTH STREET IVW _ - - ~ CURVE DATA DELTA RADtuS LENCnH n1 aaror•s- 20.W ~.u' 2 5~tvI•s9' 2s.0o' 36.88' 1 FMND xxxxxxxx KiNC couanr a so PARt~I, NUMBER ~ PROPOSED R/W TAKE - - - - PRoPERn uNES SCALE NV FEE7' - - CONSTRUCTION t Tftfl(~ CONSTRUCTION EXISTINC EASEMENT EASM . ENT PROPOSED TEMP. ~C. 12 T21N R4E W.M. ~~MT Page 3 of 5 TOTAL N2EA: 475,074 sF PARCEL 9221049014 1pTH STREET MM R/W QEDICA110N {BY OWNER}: 5,894 SF TOTAL REMAINDER AREA: 469,180_SF • PER1dAMENT SIQPE fASEMENT AREA: 76 SF A STREET NW EXTEN310N TEMPORARY CONSTRtlCTION EASEMENT AREA 1,308 SF FUaFIT OF WAY 20110427000530.060 EXHIBIT B PARCEL 1221049014 PERMANENT SLOPE EASEMENT: THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT "X" LOCATED IN SECTION 12, TOWNSHIB 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON; MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF TRACT "X" LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT."X",OPPOSITE ENGINEERS STATION 37+96.01 AND 97.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES,.THEREFRQM ON THE "A".STREET NORTHWEST CONSTRUCTION GENTERLINE AS SHOWN ON THE CITY OF AUBURN "A" STREET NORTHWEST EXTENSION RIGHT OF WAY PLANS APPROVED 4/21/2010 AND RECORDED UNDER AUDITOR'S FILE N0. 20101206900009, RECORDS OF_KING COUNTY, WASHINGTON; THENCE NORTHWESTERLY TO A POINT ON THE WEST LINE OF SAID TRACT "X" OPPOSITE ENGINEERS STATION 37+65.85 ON SAID CENTERLINE AND 47.50 FEET EASTERLY THEREFROM, AND THE TERMINUS OF THIS LINE. CONTAINING 76 SQUARE FEET, MORE OR LESS. p 2e1 fA~~~ Q 32507 t L~ S Page 4 of 5 TOTAL NiF1►; 475,074 . sF PARCEL 1221049014 10TH STREET NW R/1k_ DEOICATION (BY OWNER); 5.894 SF TOTAL REMAINDER AREA: 469.180 SF ' PERMM►ENT SLOPE EASEMENT AREA: 76 SF A STREET NVII, EXTENSION TEMPORARY CONSTRUCflON Fl►SEMENT AREA;. t,sos sF ql(3HH'T OF WAY 20110427000530.061 PARCEL 1221049014 TRACT "X": PER PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTQN, INC. LOT 1,.CITY.OF AUBURN SHORT PLAT N0. SPL01-0005 REGORDED UNDER RECORDING NUMBER 2003I223001153, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. Page. 5 of 5 TOTAL AREA: 475,074 sF PARCEL 1221049014 tOTFi STREET MN R/W DE0ICATION (BY OWNER): 5,894 SF TOTAL REMAINDER_ ARFA 469.180_ ,SF _ PERMMIENT SLOPE EASEaIENT AREN: `76 SF A STREET NW EXTENSION TEMPORARY CONSTRUCTIdN EASEAIENT AREA: 1,308 sF FUaHT pF WAY 24110427000530.062 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 25 West Main, Aubum, WA 98001-4998 (253) 931-3053 Fax TEMPORARY CONSTRUC'E'ION EASEMENT Reference # (if applicable): N/A Grantor. Multicare Health System, a Washington non•profit corporation Grantee: City of Aubum, einunicipal corporation ofthe State of Washingmn Legal Description/STR: . Ptn._ 3E 12-21-04 Assessor's Tax ParcellD#: 1221049014 Property Address: PROJEC"T NU. C207A - A Street NW Extension The Grantor(s), MULTICARE HEALTH SYSTEM, a Wasbingtoa noa-profit corporaNon, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, receipt of which is hereby aclaiowledged, heceby convey(s) and grant(s) unto the CITY OF AUBURN, a municipal corporation of the State of Was6ington, its contractors, employees, agents, successors and assigns, (Grantee), under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, the right to enter upon that portion of fand the right, privilege and temporary easement over, upon, and across the hereinafter described lands for the purpose(s) of providing a work area for adjacent roadway and utility construction related activities and for re-conswcting portions of the property to match the planned improvements. $aid lands being situated in King County, State of Washington, and described as follows: For legal description, see Exhibit A and B, attached hereto and made a part hereof. The Grantor and the Grantee, by accepting and signing this document, mutually covenant and agree as follows: 1. The Grantee shall, on compleNon of the work, remove aU debris and restore the surface of the above described property to a condition equal to or better than that which existed on the date of this agreement. .2. Access to Grantor's property shall be maintained at all times during the Grantee's A Street NW Extension Project. Tcmporary Coastruction Easement Tax PereeCNo. 1221049018 Page l of 7 20110427000630.063 3. The temporary rights granted herein shall commence upon Grantee's authorization to its construction contractor to proceed with construction ("construction start date") and continue until the completion of the project improvements. Dated this day of , 20_ . GRANTOR(S) MULTICAR.E HEALTH SYSTEM, • A Washingtoo non-profit corporstion GRANTEE CITY OF AUBURN, a municipal corporation oithe State of Wa"shington By: Dennis Sel e, City Engineer Public Works Department Tcmporary Coastruction Essement - - Taz Parce! Aio. 1221049018 Pogo2of7 20110427000530.064 STATE OF WASH[NGTON) )ss COUNTY OF KING ) I certify [ have know or have satisfactory evidence that - is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized • to execute the instrument and _acknowledge as the of MULTICARE I$EALTI4 SYSTEM a mon-proft corporation, to be the free and volantary act of such party for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington Residing at My appointment expires STATE OF ) )ss. County of ) 1 certify that [ know or have satisfactory evidence that DENNIS SE[,LE is theperson(s) who appeared before me, and said individual/s acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington Residing at My appointment expires Tensporary Constructian Easemeirt Tax Paral No. 1221049018 Page 3 of'7 20110427000530.065 EXHIBIT A ~ - A. - I w<MOM WatTM ers+em STA _ 37+92.82:L 6Q00 RT STA 37+85.853, \ PERI SIOPE EASEYENi f I 47.50 RT (WIDTN YAREM) ~ so R +6.01*, ,i• ~ TEMP CONST FJ15E1lEN1 I 57A 37t40.28*~ (MTH YARIES) + 60.00 RT \ \ , ~ I , ' I ~1 I I 0 w ll 0 wLrGM tE&TM T g 1~ OAL1IDW HMTM ~ O L m w w V) jl W r I~ 1~TH 3'1'REET Nyy = _ o - _ ~-j. . Q_.. ~ W S'.. tE1AP CST ESYT I I W 5EE PaGE 2M N W - 2 - a 100 J ~ ~ SCALE IN FEET Q ' - ~ - - a - LE= ~ Kurc carKw anRCa Hu►reER YROPC6ED Ww TAKE WtOPER1Y UP1E5 CONSTRUCTiOM t PERMANBNT SLOPE EASEMENT ExIST1NG EASEYENT TEuPORARY .COMSTRUCTION EASEMEWT PROPOSE6 PERY. SE'C% ~ TZUH R4E W.M. EASEYENf PROPOSED TEMP. EASEM ENT Page 4 of 7 roTnL Aaen: e75.07e PARCEL 1221049014 IOZFI STiIEET NW R/W DEDICATMN (BY OWNERk 5,8" SF TOial. REMMOER_AREk 469.180_SF eMwuKrrt sWK USErtW aaEa_7s si A 8TREET MN EXTEPSION hMaweatr coNsntueTm EnsEmEHr ARcx 1.30 sr HIOFIT OF WAY 20110427000530.066 SXHIBIT B _ PARCEL 1221099019 TEMPORARY GONSTRUCTION EASEMENT: , THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT "X" I.OCATED IN THE SOUTf3EAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 9 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON; MORE PARTICULARLY DESCRIBED A5 FOLLOWS: ALL TAAT PORTIpN OF TRACT "X" LYING WITHIN THE . FOLLOWING OESCRIBED LINE: BEGINNING AT A POINT AT THE IAiTERSEGTION OF THE WEST LINE OF SAID TRACT "X" AND THE NORTA LINE OF TAE lOTH STREET RIGHT OF WAY TO BE ACQUIREO PER AGREEMENT AS DESCRIBED Ild EXHISIT "E", RBCORDING NUMBER 20030918000083, RECORDS OF RING COUNTY, WASHINGTON, OPPOSITE ENGINEERS STATION 13+78.31 t/- AI~1D 35.00 FEET NORTHERLY, MEASURED AT RIGHT_ANGLES THEREFROM, ON THE lOTH STREET NW CONSTRUCTION CBNTERI,INE AS SHOVaN ON THE CITY OF AUBURN "A" STREET NW EXTENSION RIGHT OF WAY PLANS APPROVED 4/21/2010 AND RECORDED UN-DER AUDITOR'S FILE - N0. 20101206900009, RECORDS OF KING_COUNTY, WASHINGTON; THENCE NORTHEEtLY ALONG SAID WEST LINE OF TAAGT "X" TO A POINT OPPOSITE ENGINEERS STATION 13+78.03 ON SAId CENTERLINE AND 90:00 t30RTHERLY THEREFROM; THENCE EASTERLY ALONG A LINE PAFtALLEL WITH, AND 5.00 FEET DISTANT FROM, THE'NORTH LINE OF SAID 10TH STREET NW RIGHT OF WAY TO A POINT OPPOSITE ENGINEERS STATION 15+15.47 ON SAID GENTERLINE AND 90.00 FEET NORTHERLY THEREFROM• THENCE ALONG A TANGENT CuRVE CONCAVB TO THE NORTHWEST HAVING A RADIUS OF 20:00 FEET THROUGH A DELTA ANGLE OF 89001'45" A DISTANCE OF 29.33 FEET TO A POIPiT • OPPOSITE ENGINEERS STATION 15+36.36 ON SAID CENTERLINE AND 57.90 FEET NORTHERLY THEREFROM; THENCE SOUTHEASTSRLY TO THE NORTHEAST CORNER OF THE AFOREMENTIONED lOTH STREET RIGHT OF WAY OPPOSiT£ ENGINEERS STATION 15+91.33 ON SAID CENTERLINE AND 57.90 FEET NORTHERLY THEREPROM;'THENCE ALONG THE NORTH LINE OF SAID RIGHT OF WAY ALONG A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST THE RADIAL POINT OF WHICH BEARS N 80°11'14" W, 25.00 FEET DISTANT, 1'HROUGFI A DELTA ANGLE OF 84°O1'45" A DISTANCE OF 36.66 FEET TO A POINT OPPOSITE ENGINEERS STATION 15+16.47 ON SAID CEi+1TERLINE AND 35.00 FSET NORTHERLY THEREFROM; THENGE WESTERLY ALONG SAID NORTH LINE TO THE POINT.OF BEGINNING AND THE TEliMINUS OF THIS • LINE. fCONTINUED...) Page 5 of 7 TOTK ARM; 475.0?+ ppRCEI. 1221048014 10TH STREET Nw R/Mr DEOtCATION (6Y OWNER~ 5.894 SF TOTAL REWNNDER AREk 469.180 5i v~Rr~a~err si.ov~ ~~~rr aRea 76 ~ A 8TREET NW EXTEN8101d rEuaoRnfrr consraucnoa EAsErErn nRFx 11.30 sr RKiHT OF WAY 20110427000530.067 PARCEL 1221099019 TEMP CONSTRUCTEON EASEMENT (CONT.) TOGETHER WITH ALL THAT PORTION OE' TRACT "X^ LYING WITHIN THE'FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT "X" OPPOSITE •ENGINEERS STATION 37+40.26 AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, .THEREFROM ON THE ' "A" STREET NORTHWEST CONSTRUCTION 6ENTERLINE AS SHOWN aN THE CITY OF AUBURN "A" STREET NORTHWEST EXTEAfSION RIGHT OF WF►Y PLANS APPROVED 4/21/2010 AND RECORDED UNDBR AUDITOR'S FILE N0. 20102206900009, RECORDS OF KING COUNTY, WASHINGTON; THENCE . NO1tTHWESTERLY TO A POINT ON TF{E WEST LINE OF SATD TRACT "X" OPPOSITE ENGINEERS STATION 37+92.82 ON SAID CENTERLINE AND 60.00 FEET EASTERLY .THEREFROM; THENCE SOUTHERI.Y ALONG SAID WEST LINE TO A POIiVT OP.POSITE ENGINEERS STATIOiJ 37+65:.85 ON SAID CENTERLINE AND 97.50 FEET EASTERLY THEREFROM; THENCE SOUTHEASTERLY TO A.POINT ON SAID SQUTH LI13E OPPaSITE ENGINEERS STATION 37+46.01 ON SAID CENTERLINE AND 97.50 FEET EASTERLY THEREFROM; THEIICE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING RND THE TERMTNUS OF THIS LINE. CONTAINING 1,308 SQUARE FEET, MORE OR LESS. 2e1 ~ O =a 32507' fS~~~MAI LLMD " Page 6 of 7 ' ioTAL aWn e7s.074 _ PARCEt 1221049014 IOTH BTREEf MN R/1Y OEMATION (8Y OWMER): 5,W SF TOTAL AERAIAMEN~f ~E MYENT'ARFJe 78 SF A STREET NW EXTENSION tEMaoRaKr cowsrnucrro►+ fnsMO aKk 1.3os si RKiHT OF WAY 20110427000530.068 PARCEL 1221049014 TRACT "X": PER PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC, - LOT 1, CITY OF AUBURN SHORT PLAT N0. SPL01-0005 RECORDED EJNDER RECORDING NUMBER 200312230011531 BEING A PORT.ION OF THE SOUTHEAST ¢UARTER OF SECTION 12, TQWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. Page 7 of 7 TOTAL AREA: 475.074 sF PARCEL 1221049014 tOT1i STRFET NW R/W DE0ICATION (BY OWNER); 5,894 SF TOTAL REMAINOfR AREA: 469.186 SF pERwwaNT sLoPE EAsEMENT nREn: 76 sF A 3TREET NW EXTENSIOPI TEMPORARY GONSTRUCTION EASEMENT AREA: 1.308 sF RIt3FIT OF WAY