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HomeMy WebLinkAbout2955 (2) 1 RESOLUTION NO. 2 9 5 5 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TQ EXECUTE FIRST AMENDMENT TO LAKELAND ANNEXATION AND UTILITIES AGREEMENT 4 BETWEEN THE CITY AND THE LAKELAND COMPANY, INC 5 WHEREAS, the City and The Lakeland Company, Inc have 6 previously entered into the Lakeland Annexation and Utilities 7 Agreement in June, 1996 ; and 8 WHEREAS, disputes arose between the parties on the 9 interpretation and enforcement of the said Agreement and the 10 parties now desire to resolve any disputes with respect to 11 that Agreement and with respect to all claims and obligations 12 between the parties arising from events which pre-date the 13 execution on of this Agreement 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 15 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 16 RESOLVES AS FOLLOWS 17 18 Section 1 The Mayor and City Clerk of the City of 19 Auburn are herewith authorized to execute First Amendment to 20 Lakeland Annexation and Utilities Agreement with The Lakeland 21 Company, Inc A copy of said Agreement is attached hereto, 22 denominated as Exhibit "A" and made a part hereof as though 23 set forth in full herein 24 25 26 Resolution No 2955 April 29, 1998 Page 1 1 Section 2 The Mayor is hereby authorized to implement 2 such administrative procedures as may be necessary to carry 3 out the directives of this legislation 4 DATED this 4th day of May, 1998 5 6 CITY OF AUBURN 7 8 Cities CHARLES A BO TH 10 MAYOR 11 12 ATTEST 13 14 15 fat_ 16 Dan' elle E Daskam, City Clerk 17 18 19 APPROVED AS TO FORM 20 21 *,RIA 22 Michael J Reynolds, City Attorney 23 24 25 26 Resolution No 2955 April 29, 1998 Page 2 PIERCE COUNTY. WA 9805210624 5-21-1998 01:49 ro Fee Amt. $57.00 - AUD(TOR'S NOTE LEGIBILITY FOR RECORDING AND COPYING UN- SATISFACTORY IN A PORTION OF THIS INSTRU- MENT WHEN RECEIVED Return Address. Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein) 1 Amendment to Lakeland Annexation and Utilities Agreement 2. 3. 4 Reference Number(s) of Documents assigned or released: NONE Additional reference#'s on page_3_of document Grantee (Last name first, then first name and initials) 1 The Lakeland Company 2. 3 4 Grantor (Last name first) 1 AUBURN, CITY OF 2. 3 4 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SEC 6 TWP 20 N Range 5 ®Additional legal is on page 31 of document. Assessor's Property Tax Parcel/Account Number 0520061012,0520061013, 0520061014, 0520052038,0520061015, 0520052039, 0520061016 0520082006,0520082010,0520064000,0520063000,0520053001 0520053004,0520053014,0520053004,0520053014,0520053004,0520053014,0520053008,0520053042,0520051032, 0520051001 0520051003,0520071001 0520053041 0520062007 0520062027 0520062028,0520053038,0520053030, 0520063000 0520064000,0520063008 ❑Assessor Tax#not yet assigned 9805210624 5 4 AMENDMENT TO LAKELAND ANNEXATION AND UTILITIES AGREEMENT THIS AGREEMENT made and entered into this , � day of , 1998 , by and between the CITY OF AUBURN, a 4 municipal corporation, organized under Title 35A, Optional Municipal Code, hereinafter referred to as "CITY" and THE LAKELAND COMPANY, INC , a Washington corporation, its heirs, successors and assigns and all related entities and all shareholders, and/or owners, jointly and severally and their marital communities, including all parties that have an interest in the property affected by this Agreement, herein referred to as "TLC" WHEREAS, the parties to this Agreement have previously entered into the Lakeland Annexation and Utilities Agreement, referred to as "PRE-ANNEXATION/UTILITIES Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page I [c/agree/mjr-tinat] 9805210624 AGREEMENT" in June, 1996, which agreement was approved by Auburn City Council under Ordinance No 4867; and WHEREAS, disputes arose between the parties on the interpretation and enforcement of the Pre- Annexation/Utilities Agreement referred to above, and the parties desire to resolve any disputes with respect to all claims and obligations between the parties arising from events which pre-date the execution of this Agreement; and WHEREAS, the parties desire to end all disputes and claims, including any and all claims for damages, attorney fees and costs arising from events which pre-date the execution of this Agreement ; and WHEREAS, the parties have engaged in numerous meetings to resolve all issues between the parties and this Agreement reflects a compromised position between the parties for the purposes of attaining a complete settlement; and WHEREAS, it is the intent of this Agreement that the agreement entitled Lakeland Annexation and Utilities Agreement, recorded under Recording No 9608120131 shall remain in force and effect except as specifically amended by this Agreement; and WHEREAS, the parties acknowledge that a dispute existed between the City of Bonney Lake and the CITY with respect to Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page 2 tc/agree/mjr-final] 9805210624 water service, which dispute has been settled between the City of Bonney Lake and the CITY and in such settlement comments were taken from TLC and incorporated into the final Settlement Agreement between the CITY and Bonney Lake; and WHEREAS, it is the intent of the parties that the CITY proceed with the annexation of the TLC property and that TLC develops that property which is either annexed or will be annexed in accordance with the standards and land use polices and procedures of the CITY; and WHEREAS, this Agreement and the requirements for any monetary payment from TLC to the CITY under this Agreement were specifically requested by TLC to result in a more marketable development for TLC and any payments are acknowledged to be not requested by the CITY but placed in the Agreement by TLC unilaterally and is not considered payment under RCW 82 02 020 ; and WHEREAS, the parties acknowledge that TLC, in cooperation with the State of Washington and other local government units, other than the City of Auburn, is proceeding with the construction of the certain portions of the Lake Tapps Parkway East, as defined in a mitigation agreement executed between Pierce County and TLC and that the CITY has no responsibility to construct, make any Lakeland-Resolution No.2955, Exhibit"A" May 6, 1998 Page 3 Lc/agree/mjr-final] 9805210624 payments nor guarantee in any way any obligations for the construction of TLC' s portion of the Parkway project However, the parties acknowledge the importance of this construction project to TLC and that the execution of this Agreement is vital to TLC ' s ability to secure financing for its construction, and understand that the sole purpose of the expedited handling of this Agreement is to obtain a resolution of disputes prior to May 4 , 1998 May 4 , 1998 is a TLC funding date which requires this Agreement for TLC to obtain the necessary funding to construct this roadway; and WHEREAS, the parties acknowledge the existence of an Agreement referred to as the "Crabtree Agreement" and agree that the settlement provisions in this Agreement settle all disputes including but not limited to any claims that TLC may have as a successor under the Crabtree Agreement ; and WHEREAS, the Crabtree Agreement and all its terms, including those terms relating to customer equivalent charges for services, expire on June 6, 1998 ; and WHEREAS, the parties agree that TLC has had input with regard to the resolution of the CITY and the City of Bonney Lake dispute and agree that the settlement provisions in this Agreement settle any claims TLC may have against the CITY with respect to water, including but not limited to the Lakeland-Resolution No.2955, Exhibit"A May6, ]998 Page4 Ec/agree/mjr final] 9805210624 providing of water, the providing of water pressure, fire flow or any other claims related to the water utility NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED, THE PARTIES AGREE AS FOLLOWS 1 . LAKELAND ANNEXATION AND UTILITIES AGREEMENT: The parties reaffirm the terms and conditions of the Lakeland Annexation and Utilities Agreement recorded under Recording No 9608120131, except as specifically amended herein This Agreement affects that real property identified on the map attached hereto and incorporated by reference as Exhibit "1" and legally described on attached Exhibit "2", hereafter referred to as "TLC Property" 3 DEVELOPMENTAL APPROVALS FROM PIERCE COUNTY The parties acknowledge that as provided in the PRE-ANNEXATION/UTILITIES AGREEMENT, paragraphs 2 2 , 2 9 , 2 13 , and 4 1, prior to annexation of the subject project TLC, must obtain developmental approvals from Pierce County and in so doing agrees to comply with the Pierce County requirements and the CITY standards and land use polices and procedures In the event that the imposition of CITY standards on a development application submitted to Pierce County for Lakeland-Resolution No. 2955, Exhibit A" May 6, 1998 Page 5 tc/agree/mjr fina 11 q 980521®624 an area not yet annexed to the CITY would result in the denial of the application by Pierce County, then the Pierce County standard will prevail The CITY agrees to provide sewer service consistent with the terms and conditions of this Agreement 4 POLICE AND FIRE SERVICES Upon annexation the CITY will provide to the area annexed, police and fire services that it provides to its other citizens Fire service shall be provided to the annexed property provided that TLC has met all requirements of ACC Titles 15, and Chapter 13 16 as it relates to fire flow, and provided that the CITY may contract fire services if it cannot practicably provide fire service to some of the annexed area Sprinklers shall be required for multifamily and commercial development Sprinklers shall be required for single-family residential development only if necessary to satisfy the CITY ' s fire flow standards as described in Title 15 5 PARKS Paragraph 4 5 , "Parks" , of the PRE-ANNEXATION/ UTILITIES AGREEMENT, is amended to read as follows Lakeland-Resolution No. 2955, Exhibit"A" May 6, 1998 Page 6 (c/agree/mjr-final) 9805210624 i 4 5 (a) TLC shall dedicate to CITY, one developed 15-acre park, one undeveloped 15-acre park, two developed 5-acre parks, and a linear park along Lakeland Hills Way for a total of approximately 42 91 acres 4 5 (b) The parks will be located as indicated on Exhibit 1 Except for the linear park and Park P4 , the topography and soil conditions shall be approved by the CITY to ensure each site is suitable for active park use The CITY has reviewed Park P4 and agrees to accept this undeveloped park "as is" The park locations indicated on Exhibit 1 are acceptable to the CITY However, the parties acknowledge that in order to locate the parks where indicated on Exhibit 1, TLC must obtain a major amendment approval pursuant to Pierce County Code TLC agrees to process the major amendment application by submitting an application to the CITY and Pierce County concurrently within 30-days of execution of this Agreement While reserving the right to review any other aspects of the major amendment, the CITY agrees not to object to the proposed park locations 4 5 (c) As soon as reasonably possible upon legal segregation, but no later than six months after approval of the preliminary plat for Lakeland Division One, Lakeland-Resolution No. 2955, Exhibit A" May 6, 1998 Page 7 [c/agree/mjr-final] 9805210624 TLC shall dedicate Park P4 to the CITY The linear park depicted on Exhibit 1 shall be designed to standards approved by the CITY Parks Director and shall be developed concurrent with construction of Lakeland Hills Way The CITY agrees that TLC' s commitment to dedicate Park P4 and the linear park, as described in this Agreement, satisfies the CITY' s concurrency and mitigation requirements for issuance of 800 residential building permits Prior to the issuance of residential building permits for 801 dwelling units within the PUD, TLC shall develop and dedicate Park P2 to the CITY or make arrangements for dedication and use acceptable to the CITY as necessitated by financing CITY and TLC agree that upon dedication of Parks P2 and P4 , TLC shall have satisfied concurrency requirements for the issuance of residential building permits for a total of 2 , 173 dwelling units Thereafter, prior to the issuance of residential building permits for dwelling units in excess of a total of 2 , 173 , CITY and TLC agree that additional park improvements must be dedicated to CITY (or the land dedicated, the improvements bonded, and an improvement schedule agreed upon) consistent with the formula described below Lakeland-Resolution No.2955, Exhibit"A" May 6, 1998 Page 8 Ec/agree/mjr-final] 9805210624 The ratio of improved parks required per thousand population shall be calculated based upon the following mathematical assumptions 3 , 408 units approved in Lakeland South 42 91 acres of both improved and unimproved parks required 2 8 residents per household assumed for conversion of people to units Accordingly the ratio of improved park required per thousand population shall be calculated as follows Total (42 91 acs / (3408 x 2 8 = 9542 ) ) _ 4 5 acres combined parks/1000 population Less ( 15 0 acs / (739 x 2 8 = 2069) ) = 7 25 acres of unimproved park/1000 (27 91 acs / (2669 x 2 8 = 7473) ) = 3 73 acres of unimproved park/1000 Based upon the foregoing calculations, TLC shall be entitled to the issuance of 95 62 residential building permits for each acre of improved park dedicated to the CITY (or unimproved/bonded park) dedicated to the CITY 4 4 TLC and CITY shall work cooperatively in development of specific plans that meet CITY park standards Each party shall respond promptly to proposals and submittals relating to the design and construction of park improvements The CITY reserves final approval authority of park plans and CITY approval must be granted prior to Lakeland-Resolution No. 2955, Exhibit A May 6, 1998 Page 9 [c/agree/mjr-finall 9805210624 construction The level of improvements required in Parks P1, P2 and P3 shall be based upon $1 82 per square foot of total park areas for P1, P2 and P3 The cost per square foot is based upon improvements made to Lakeland Hills Park in 1992 and the improvements shall be made at that rate adjusted by Consumer Price Index from 1992 until the date of Park plan approval by the CITY The CITY has the right to distribute improvement funds between and among the Parks but in any event , TLC' s financial obligation shall not exceed the total per square foot cost as specified above 4 5 (d) The CITY shall assume the responsibility for proper maintenance of the parks dedicated to it, provided, however, that the CITY may allow TLC to provide additional maintenance within parks dedicated to the CITY with the CITY' s written consent Except for Park P4 , TLC must give CITY 1-year notice prior to dedication of any park land to the CITY 4 5 (e) TLC and/or appropriate homeowner associations, agree to develop, own, maintain, repair, and pay real estate taxes and assessments (if any) on all other park areas indicated on Exhibit 1 which are less than five acres in size Lakeland-Resolution No. 2955, Exhibit"A" May 6, 1998 Page 10 tc/agree/mjr-final] 9805210624 4 5 (f) The CITY agrees that TLC' s satisfactory performance of the terms contained in this Section of the Agreement shall constitute full and complete satisfaction of the CITY' s park standards and requirements and shall be deemed to meet all park mitigation and concurrency requirements for the development of the TLC Property 4 5 (g) TLC agrees that any park impact fees paid to Pierce County pursuant to Pierce County requirements will not affect or reduce the park commitments to the CITY contained in this Agreement 4 5 (h) In addition to the parks referenced in this Section, TLC agrees to develop recreational trails within the relocated power line haul road depicted on Exhibit 1 pursuant to a design and construction schedule to be mutually determined by CITY and TLC Upon completion of trail construction, maintenance of this recreational trail shall be the responsibility of the CITY 6 INSPECTING AGENCY A building permit that has been issued by Pierce County shall be inspected by Pierce County even if the subject property is annexed after permit approval Building permits approved by the CITY shall be inspected by the CITY Lakeland-Resolution No.2955, Exhibit"A" May 6, 1998 Page 11 [c/agree/mjr-final] 9805210624 7 . COVENANT RUNNING WITH THE LAND The parties agree that this Agreement is a covenant running with the land and is binding and benefiting the TLC Property In order to insure that purchasers of homes, rental, commercial or other properties may obtain title free of the encumbrances of this Agreement, the issuance of a building permit for such property shall be satisfactory evidence of compliance with all provisions of this Agreement 8 SCHOOL IMPACT FEE ORDINANCE The parties acknowledge that at the request of the Dieringer School District , and without objection by TLC, the CITY has enacted a School Impact Fee Ordinance TLC agrees not to challenge the School Impact Fee Ordinance and agrees not challenge any school impact fees up to $1425 for single- family and $750 for multifamily The CITY reserves the right to increase the above fees in the future, TLC reserves the right to challenge any school impact fees which exceed the above stated amounts 9 PROTOCOL FOR SUBMISSION OF APPLICATIONS: Paragraph 4 1 (b) of the PRE-ANNEXATION/UTILITIES AGREEMENT is amended as follows Lakeland-Resolution No. 2955, Exhibit A" May 6, 1998 Page 12 [c/agree/mjr-final] 9805210624 For TLC Property not yet annexed, and therefore under Pierce County jurisdiction, development applications shall be submitted to Pierce County However, TLC agrees to simultaneously submit all such applications, except single- family building and grading permits, to the CITY Except as provided in paragraph 2 of this Agreement, TLC agrees to comply with all applicable CITY standards and land use polices and procedures as determined by City Planning Director Failure to comply with the provisions of this paragraph shall be determined a "Default" of this Agreement To assure such compliance, TLC agrees to pay to CITY liquidated damages in the amount of $1, 000 per day for each day that development is in Default Notwithstanding any other provision of this Agreement, the liquidated damages shall not begin to accrue if the Default is cured within thirty (30) days from the date that the CITY mails or delivers written notice of the Default to The Lakeland Company, PO Box 3866 , Bellevue, Washington 98009 If any Default is capable of being cured and the cure cannot be reasonable completed within the thirty (30) day cure period, the cure period shall be extended up to ninety (90) days so Lakeland-Resolution No. 2955, Exhibit"A" May 6, 1998 Page 13 [c/agree/mjr final) 9805210624 long as TLC has commenced action to cure within the thirty (30) day cure period and is proceeding to cure the Default with due diligence The decision of the CITY Planning Director may be appealed to the CITY Hearing Examiner within thirty (30) days from the date written decision The day of filing of the appeal to the Hearing Examiner shall stay accrual of the liquidated damages The stay of damages shall be released on the effective date of the Hearing Examiner' s written decision If the Hearing Examiner ' s decision is appealed, pursuant to paragraph 5 3 of the PRE-ANNEXATION/UTILITIES AGREEMENT, accrual of liquidated damages shall be stayed again until a written decision is issued by the mediator/arbitrator pursuant to provisions of Section 5 3 of the PRE-ANNEXATION/UTILITIES AGREEMENT However, in no event shall any stay following appeal of the Hearing Examiner ' s decision exceed ninety (90) days Those permit applications filed with Pierce County which are considered complete and approved by Pierce County before annexation shall be built in compliance with the conditions placed upon it by Pierce County and pursuant to the conditions of this Agreement Lakeland-Resolution No. 2955, Exhibit"A" May 6, 1998 Page 14 [c/agree/mjr-finat 9805210624 10 . RELEASES : The parties to this Agreement hereby release, discharge, resolve and settle any and all claims arising from events which pre-date the execution of this Agreement including their officials, employees, staff, consultants, shareholders, owners, attorneys, and including attorney fees and costs, including but not limited to claims involving providing of water or other utilities and any claims that TLC may claim to have under the Crabtree Agreement This Agreement is not intended to waive or release any claims or address any disputes or potential disputes that TLC may have with the City of Bonney Lake 11 TRANSPORTATION Paragraph 4 3 of the PRE-ANNEXATION/UTILITIES AGREEMENT is replaced in its entirety by the following TLC agrees to pay the CITY at the time a building permit is issued by either CITY or Pierce County, the following (1) $839 57 per detached single-family residential unit, (2) $544 94 per attached single-family or multifamily unit, (3) $187 26 per residence for residential units within the senior housing zone, and Lakeland-Resolution No.2955, Exhibit A" May 6, 1998 Page 15 [c/agree/mjr-final] 9805210624 (4) $2 18 per gross foot of commercial or retail structures For building permits which are issued by Pierce County prior to execution of this Agreement , TLC shall pay the above amounts for such permits within 30 days of execution of this Agreement The fee amounts described above shall be adjusted to reflect the increase in the Consumer Price Index for the Seattle-Metropolitan area beginning as the base year January 1, 2000 and on January 1st each year thereafter the percentage difference of each year shall equal the adjustment Payment of these fees shall constitute complete satisfaction of any transportation mitigation and concurrency requirements for the development of the TLC Property TLC agrees that all streets shall be constructed consistent with CITY standards including design criteria, construction specifications, operational criteria, and approved engineering submittals, except that the CITY may agree to modify the standards for private streets The parties acknowledge that there is a transportation cap which will allow a generation of up to Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page 16 [c/agree/mjr-final] 9805210624 800 pm peak hour trips for TLC development and that the development of TLC property subject to this Agreement cannot exceed that capacity cap until the extension of Lakeland Hills Way to the Lake Tapps Parkway and the construction of TLC' s portion of the Lake Tapps Parkway East connection 8th Street East as required in the TLC/Pierce County transportation mitigation agreement The Lake Tapps Parkway East project is identified as Lake Tapps Parkway East (WEST) , MAP ID No 166 , in the 1998-2003 Transportation Improvement Program for Pierce County Upon completion of The Lake Tapps Parkway East connection to 8th Street East as described in the TLC/Pierce County transportation mitigation agreement , the transportation cap shall expire The calculation of peak hour trips shall be determined at building permit approval The CITY shall consider the 800 pm peak hour trips to be present in the transportation system in its review of development applications for property not included in Exhibits 1 and 2 12 STORM WATER: Paragraph 4 4 (a) of the PRE-ANNEXATION/UTILITIES AGREEMENT is amended as follows The CITY agrees to receive the storm water from the Lakeland-Resolution No.2955, Exhibit`A" May 6, 1998 Page 17 [c/agree/mjr-final] 9805210624 Lakeland property described herein subject to the construction and dedication of necessary infrastructure which meets CITY standards including design criteria, construction specifications, operational criteria, and approved engineering submittals upon the effective date of annexation under the same terms and conditions as storm water is received from other developments within the CITY, including payment of any charges required by the CITY' s utility ordinances provided, the water received from properties in TLC property not yet annexed shall be of the same quality and flow rate as from the property prior to development, shall not exceed the capacity of the CITY' s existing storm drainage system, and shall be subject to the same charges as any other property in the CITY for storm water The CITY and TLC acknowledge that substantial mater storm drainage planning has been completed for TLC properties in the form of the Comprehensive Drainage Plan Lakeland Hills Development Area, prepared by CH2Mhill Engineers, dated March 1991 and the Lakeland Hills South Development Area Conceptual Storm Drainage Plan, prepared by Stephen/Dowl Engineers, dated March 1995 Both parties also acknowledge that supplemental drainage basin information Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page 18 Cc/agree/mjr-final] 9805210G24 will need to be developed by TLC to address changed conditions such as the Lake Tapps Parkway, certain differences between CITY and County standards, and impacts associated with grading activities In addition, the parties agree that TLC will need to continue to develop more precise drainage subbasin planning information to insure the adequacy and timely staging of necessary storm drainage facilities associated with specific development proposals 13 SANITARY SEWER Paragraph 4 4 (b) "SEWER" , PRE-ANNEXATION/UTILITIES AGREEMENT is replaced in its entirety as follows The CITY shall allow the TLC Property to connect to the CITY' s sanitary sewer utility under the same terms and conditions as if the property were within the CITY limits subject to obtaining expanded service area boundaries and all other terms of this Agreement, including, but not limited to, Section 3 The CITY shall apply to Pierce County for any franchise that would be required for the property not yet annexed with the understanding that applying for the franchise and any subsequent Pierce County approval does not waive any conditions set forth herein for the provision of sanitary sewer service For the orderly development of its property TLC Lakeland-Resolution No. 2955, Exhibit A" May 6, 1998 Page 19 [c/agree/mjr-final] 9805210624 will need sanitary sewer from the CITY prior to CITY' s annexation of the subject property TLC agrees to construct all sanitary sewer in accordance with CITY standards including design criteria, construction specifications, operational criteria and approved engineering submittals, and the CITY agrees, upon verification, of TLC' s compliance with its standards to connect to the CITY system the TLC system for sanitary sewer upon payment of all charges set forth in Auburn City Code The CITY and TLC acknowledge that substantial master sanitary sewer planning has been completed for TLC properties in the form of the Comprehensive Sanitary Sewer Study Lakeland Hills Development Area, prepared by Dowl Engineers, dated March 1991 Both parties also acknowledge that supplemental sanitary sewer information will need to be developed by TLC to address changed conditions such as density changes and impacts associated with grading activities In addition, the parties agrees that TLC will need to continue to develop more precise sanitary sewer subbasin planning information to insure the adequacy and timely staging of necessary storm drainage facilities associated with specific development proposals Lakeland-Resolution No. 2955,Exhibit`A May 6, 1998 Page 20 [c/agree/mjr-final] 9805210624 14 WATER Paragraph 4 4 (c) is amended as follows The parties acknowledge that pursuant to the Settlement Agreement with the City of Bonney Lake, the City of Bonney Lake is the water purveyor for portions of the TLC Property as set forth in the Settlement Agreement In the event the CITY determines that the City of Bonney Lake water system fails to provide adequate fire flow pursuant to Title 15 of the Auburn City Code the CITY agrees to work in good faith with the City of Bonney Lake in an attempt to help achieve a system which meets the CITY requirements for the provision of urban water services Immediately upon legal segregation of the relevant parcels, TLC shall convey title to the CITY of the following the water wells commonly known as 5b and 5c, the water rights it owns or controls on such wells, and the property depicted on the easements which were granted to the CITY as indicated in Exhibit 3 The CITY and TLC agree that the use of the real property described in Exhibit 3 shall be subject to the restrictions indicated in Exhibit 4 As consideration for TLC ' s conveyance of the water wells and the real property described in Exhibit 3 , the CITY agrees to pay TLC the appraised value for the land and a Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page 21 [c/agree/mjr-final] 9805210624 mutually agreeable fair market value for the wells up to a maximum of $370, 000, adjusted at 10% per annum until closing of the conveyance TLC agrees to convey the subject property free and clear of all liens and encumbrances and provide the CITY with a policy of title insurance in the value of the purchase price insuring the property free and clear of all liens and encumbrances and agrees to provide a Statutory Warranty Deed 16 FIRE The parties acknowledge that the property subject to this Agreement which is not yet annexed may not be provided fire service directly by the CITY TLC shall arrange for fire service coverage through Fire District 22 and any agreement between TLC and Fire District 22 shall contain provisions which allow termination upon annexation by the CITY, so that the property may be served by the CITY if the CITY chooses to provide fire services directly rather than by contract Upon forty-five (45) days written notice from the City of its intent to provide fire service directly or by contract with another service provider, TLC agrees to provide Fire District 22 thirty (30) days written notice of termination For all building permits issued subsequent to the forty-five (45) day notice period, TLC agrees to pay Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page 22 Ec/agree/mjr-final] 9805210624 mitigation fees to the CITY at the time of building permit issuance for developments within the annexed property, in the amounts indicated below 1 $419 78 per detached single-family residential unit 2 $272 47 per attached single or multi-family residential unit 3 $93 63 per residential unit within the Senior Housing Zone 4 $1 09 per gross foot of commercial or retail structures The above amounts shall be adjusted to reflect the increase in the Consumer Price Index for the Seattle-Metropolitan area beginning as the base year January 1, 2000 and on January 1st of each year thereafter the percentage difference shall equal the adjustment Payment of these fees shall constitute complete satisfaction of any fire service mitigation and concurrency requirements by CITY for the property described herein 17 . PENDING APPLICATIONS IN PIERCE COUNTY: The development applications indicated on Exhibit 5, attached hereto and incorporated by reference, were submitted to Pierce County by TLC prior to annexation The CITY agrees to allow TLC to process the applications indicated on Exhibit 5 through Pierce County' s development Lakeland-Resolution No.2955, Exhibit"A" May 6, 1998 Page 23 tc/agree/mjr-final] 9805210624 review process to issuance of a final decision, even if the subject property is annexed to the CITY prior to completion of the Pierce County review process CITY OF AUBURN alkirtk p CHARLES A BOOTH MAYOR ATTEST thie2 a-MA Danielle E Daskam, City Clerk PROVED AS TO FORM Michael J Reynolds, City Attorney Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page 24 [c/agree/mjr-final] 9805210624 THE LAKELAND COMPANY, INC. dia_t_ By �. Its ! i' "Cif opt i wt, 3 A g STATE OF WASHINGTON ) ) ss COUNTY OF KING PP IC On this Py I' day of /tfa. , 1998 , before me, the undersigned, a Notary Public in and for the State of Washington, duly ��//commissioned and sworn, personally appeared exai,LJ K /F�&GCQ`4y � , to me known to the CAA , .nwdi_.-t--1 , of THE LAKELAND COMPANY, INC , the corporation that executed the within and foregoing instrument , and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation GIVEN UNDER my hand and official seal the date yeSseb ' hereinpb fgrth own ens NOTARY PUBLIC in and for t e State 'y� POBt‘s' 2 of Washington, residing at , tlnoa,�_ SS S .O�r . �'.,97�.�F,Wp`,,,, •`, MY COMMISSION expires �- (S-d-1+° 0 ,,,.snu,,,,,, Lakeland-Resolution No. 2955, Exhibit"A May 6, 1998 Page 25 [c/agree/mjr-final] 9805210624 STATE OF WASHINGTON ) ss COUNTY OF KING J On this Mk day of , 1998 , before me, the undersigned, a Notary Public i and for the State of Washington, personally appeared CHARLES A BOOTH and DANIELLE E DASKAM, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF AUBURN, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes mentioned in the instrument GIVEN UNDER my hand and official seal the date hereinabove set forth O Np � s111:2 4, Pb. A.Sn v /tA Q NOTARY 9a': lCGIYIR YCt - IUDI ell —* PUGLIC9eb p2S NOTARY PUBLIC in and for the State = e' ct' of Washington, residing at Ce `0.1r II JAL, ;ae.1,, MY COMMISSION expires to - c/ ql Lakeland-Resolution No.2955, Exhibit A" May 6, 1998 Page 26 tc/agree/mjr-finall 9805210624 d' N Ca O O Ct C, H H H X w 0 0 Cd Y CL) N 00 E d F u 4 7 X .5 LL. e O tl? O H CA H x w 0 x 6) a) v C v o u v Q C v C .v F u ca5 EXHIBIT 4 Restrictions for water well and storage tank property conveyance documents 1 All structural improvements installed on the properties and the exterior appearance of such structures must be architecturally compatible with surrounding development. 2. Water works facilities, which are not directly related to well operations, are not allowed on the well property 3 The location and width of maintenance access road are subject to mutual approval. 4 Fences shall not be constructed on the properties, except security fences essential to facility operation and subject to mutual approval. 5 The City will provide landscaping which provides a visual screen of the well houses and storage tank 6. Properties will be utilized as public passive parks. Passive park improvements and landscaping design plans shall be subject to mutual approval. 7 Cost of passive park improvements will be paid for by Lakeland. 8. Lakeland will be responsible for maintenance of well property and the City will be responsible for maintenance of the storage tank property All maintenance will be provided consistent with mutually acceptable standards that preserve the character of the surrounding development. 9805210624 I" N GO . 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COUNTY OF KING ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2955 of the resolutions of the City of Auburn, entitled "RESOLUTION NO.2955 " I certify that said Resolution No. 2955 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 4th day of May, 1998. Witness my hand and the seal of the City of Auburn this 20th day of August, 1998 44Decasit Danielle kam, City Clerk City of Auburn 556ZS2N\luo0\541aID\d 9Jnsojou9 Elva JoAeW Lgooa -y sapego 'AlaiaowS Ja]4ew sgg o; uoi;uage JnoA Jo; pue spoja Ina Jo; gam ken noA Nueq j 9962 ON uoi;nposeJ gip 6uN pue buipiooai Jo; '1.0096 'VM 'wngny ';aaJiS uleLAJ ;sem 9Z 'N19l3 APO wngny ay; o; ;uawpuewy ieuc5io ay; wn;ai aseaid 'painoaxa Aijn; uaaq seq ;uawpuawy ay; a3U0 uosJapuaH mongo JW ;o aJn;eu6is pazue;ou ay; sannbal MOU pue !;p ay; Aq painoaxa uaaq seq ;uawpuewy 9111 •;uawpuewy ay; o; siigiyxa pe 1.1;inn ;uawaai6y sagi11111 pue uogexeuuy puele el o; ;uawpuawy iew6uo ay; pue '946r Z ogniosaa ;o Adoo a si pasopu3 .oui 'Auedwoo puemei ay1 pue A;p ay; uaano;aq ivawaai6y sagggO pue uogexauuy pueia)iei o; ;uawpuewy ;and ay; ;o uoi;noaxa ay; 6uizpogIne 'papuewe se '996? oN uoi;niosad pa;dope puno3 wngny et-1T '8666 't' AeW uo 'nnouN noA sv .AgaagS aW Jean 81-1.96 vM 'eIpeoS y;noS anueny Piet'— 17009 noel ;e Xaulopy AyaegS ana;S JW 8666 '66AeW Z£i£-88Z(£57) : e3 ib0£-116(£SZ) Jo,iey\I `yloog V sad qj 10086 dM `uingny `uieyQ Isom cz ' 110ILbiILSINIy\IQV 110AdIA1 3H.L 30 90]330 Skephen G Sheehy 5004 43rd Avenue South • Seattle,Washington 984118 A T T O R N E Y AT L A w (206)723 1950 Fax(206)723 2340 MAY 1 8 1998 May 15, 1998 Li; 13F AUBUHN Ms. Danielle E. Daskem, City Clerk CITY CLERKS OFFICE City of Auburn 25 West Main Street Auburn, WA. 98001 RE. Amendment to Lakeland Annexation and Utilities Agreement Dear Ms. Daskem Enclosed is the original Amendment to the Lakeland Annexation and Utilities Agreement, which has been executed by Chuck Henderson. As we discussed by telephone on May 14, also enclosed are correct copies of Exhibits 1 and 5 for attachment to the-original document Thank you for all of your hard work. Very trul yours, Or tep en G She Cc Chuck Henderson N O r4 N N O C) Cl H H X 0 v C Cd N N C Was X . C u w A Y + i Y Y LAKELAND-PIERCE COUNTY LEGAL DESCRIPTION TRACT A(0520061012) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST,W.M.IN PIERCE COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST, W.M.,AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259;THENCE ALONG THE NORTH LINE OF SAID SECTION N 88 34' 43"W A DISTANCE OF 19.43 FEET TO THE NORTHWEST CORNER OF PIERCE COUNTY LARGE LOT SUBDIVISION NUMBER 670;THENCE CONTINUING ALONG SAID NORTH LINE N 88 34'43"W A DISTANCE OF 1064.18 FEET TO A POINT ON A CURVE AND THE TRUE POINT OF BEGINNING;THENCE ON SAID CURVE TO THE RIGHT WITH A 235.00 FOOT RADIUS,THE CENTER OF WHICH LIES N 72 44'40"W,THROUGH A CENTRAL ANGLE OF 37 25'32",AN ARC DISTANCE OF 153.50 FEET TO A POINT OF COMPOUND CURVATURE;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 475.00 FEET;THROUGH A CENTRAL ANGLE OF 05 12'57",AN ARC DISTANCE OF 43.24 FEET;THENCE ON A NON-TANGENT LINE S 29 47'03"E A DISTANCE OF 50.00 FEET TO A POINT ON A CURVE;THENCE ALONG SAID CURVE TO THE RIGHT,THE CENTER OF WHICH LIES S 35 00'00"E,WITH A RADIUS OF 25.00 FEET;THROUGH A CENTRAL ANGLE OF 84 47'03",AN ARC DISTANCE OF 36.99 ;THENCE S 35 00'00"E A DISTANCE OF 52.99 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 30.00 FEET;THROUGH A CENTRAL ANGLE OF 90 00'00",AN ARC DISTANCE OF 47.12 FEET;THENCE S 55 00'00"W A DISTANCE OF 23.23 FEET; THENCE S 56 54'33"W A DISTANCE OF 150.08 FEET;THENCE S 55 00'00"W A DISTANCE OF 215 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET;THROUGH A CENTRAL ANGLE OF 90 00'00",AN ARC DISTANCE OF 54.98 FEET;THENCE N 35 00'00"W A DISTANCE OF 290.84 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 1530.00 FEET;THROUGH A CENTRAL ANGLE OF 12 39'40",AN ARC DISTANCE OF 338.10 FEET;THENCE N 47 39'40"W A DISTANCE OF 28.98 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 6;THENCE S 88 34'43"E A DISTANCE OF 825.93 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION RECORDED UNDER AF#8808310335,VOL.0504,PG. 1241 OF DEEDS RECORDS OF PIERCE COUNTY, STATE OF WASHINGTON. TRACT B(0520061013) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 20 NORTH, RANGE 5 EAST,W.M.IN PIERCE COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST, W.M.AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259;THENCE ALONG THE NORTH LINE OF SAID SECTION N 88 34'43"W A DISTANCE OF 19.43 FEET TO THE NORTHWEST CORNER OF PIERCE COUNTY LARGE LOT SUBDIVISION NUMBER 670 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE N 88 34'43" W A DISTANCE OF 788.61 FEET TO A POINT ON CURVE;THENCE ON A CURVE TO THE RIGHT WITH A 1030.00 FOOT RADIUS,THE CENTER OF WHICH LIES N 73 41'20"W,THROUGH A CENTRAL ANGLE OF 00 56'40",AN ARC DISTANCE OF 16.98 FEET;THENCE CONTINUING ON A CURVE TO THE RIGHT WITH A RADIUS OF 430.00 FEET,THE CENTER OF WHICH LIES N 72 44'40"W,THROUGH A CENTRAL ANGLE OF 37 44'40",AN ARC DISTANCE OF 283.27 FEET;THENCE S 55 00'00"W A DISTANCE OF 166.23 FEET; THENCE S 53 05'27"W A DISTANCE OF 150.08;THENCE S 55 00'00"W A DISTANCE OF 206.98 FEET; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 35.00 FEET,THE CENTER OF WHICH LIES S 35 00'00"E,THROUGH A CENTRAL ANGLE OF 84 17'46",AN ARC DISTANCE OF 51.49 FEET;THENCE S 29 17'46"E A DISTANCE OF 10.16 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 771.00 FEET,THE CENTER OF WHICH LIES S 60 42'14"W THROUGH A CENTRAL ANGLE OF 14 31'22", AN ARC DISTANCE OF 195.43 FEET;THENCE S 14 46'24"E A DISTANCE OF 1430.60 FEET;THENCE N 75 13'36"E A DISTANCE OF 59.23 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 11/7/97 Page 1 of 9 9805210624 f j ' 1970.00 FEET,THE CENTER OF WHICH LIES S 14 46'24"E,THROUGH A CENTRAL ANGLE OF 4 46'24", AN ARG DISTANCE OF 164.12 FEET;THENCE N 80 00'00"E A DISTANCE OF 500.00 FEET;THENCE N 10' W A DISTANCE OF 383.00 FEET;THENCE N 41 30'00"E A DISTANCE OF 240.00 FEET;THENCE N 57 30'00"E A DISTANCE OF 150.00 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 4 OF SECTION 5 AS SHOWN ON PAGE ONE OF RECORD OF SURVEY 8807280259;THENCE N 87 22'16"W A DISTANCE OF 13.74 FEET TO THE SOUTHWEST CORNER OF SAID LARGE LOT SUBDIVISION NUMBER 670 AND PIERCE COUNTY SHORT PLAT#8111190133;THENCE ALONG THE WEST LINE OF SAID LARGE LOT SUBDIVISION AND SHORT PLAT,N 01 29'59"E A DISTANCE OF 684.55;THENCE CONTINUING ALONG SAID WEST LINE OF SAID LARGE LOT SUBDIVISION AND PIERCE COUNTY SHORT PLAT#79-579,N 01 27'21"E A DISTANCE OF 684.83 TO THE TRUE POINT OF BEGINNING. EXCEPT ANY PORTIONS LYING WITHIN COUNTY ROAD,PER PIERCE COUNTY AUDITOR'S RECORDING NUMBER 9501190204. TRACT C(0520061014) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST,W.M.IN PIERCE COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST, W.M.,AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259;THENCE ALONG THE NORTH LINE OF SAID SECTION N 88 34'43"W A DISTANCE OF 19.43 FEET TO THE NORTHWEST CORNER OF PIERCE COUNTY LARGE LOT SUBDIVISION NUMBER 670;THENCE;CONTINUING ALONG SAID NORTH LINE N 88 34'43"W A DISTANCE OF 788.61 FEET TO A POINT ON CURVE;THENCE ON A CURVE TO THE RIGHT WITH A 1030.00 FOOT RADIUS,THE CENTER OF WHICH LIES N 73 41'20"W, THROUGH A CENTRAL ANGLE OF 00 56'40",AN ARC DISTANCE OF 16.98 FEET;THENCE CONTINUING ON A CURVE TO THE RIGHT WITH A RADIUS OF 430.00 FEET,THE CENTER OF WHICH LIES N 72 44'40"W,THROUGH A CENTRAL ANGLE OF 37 44'40",AN ARC DISTANCE OF 283.27 FEET; THENCE S 55 00'00"W A DISTANCE OF 166.23 FEET;THENCE S 53 05'27"W A DISTANCE OF 150.08; THENCE;S 55 00'00"W A DISTANCE OF 206.98 FEET;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 35.00 FEET,THE CENTER OF WHICH LIES S 35 00'00"E,THROUGH A CENTRAL ANGLE OF 84 17'46",AN ARC DISTANCE OF 51.49 FEET;THENCE S 29 17'46"E A DISTANCE OF 10.16 FEET; THENCE S 59 13'28"W A DISTANCE OF 82.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 689.00 FEET,THE CENTER OF WHICH LIES S 60 52'50"W.THROUGH A CENTRAL ANGLE OF 14 20'46",AN ARC DISTANCE OF 172.52 FEET; THENCE S 14 46'24"E A DISTANCE OF 1695.60 FEET;THENCE N 77' E A DISTANCE OF 349.00 FEET; THENCE S 08 39'24"E A DISTANCE OF 229.04 FEET;THENCE S 02 17'00"E A DISTANCE OF 143.00 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6;THENCE N 88 34'36"W A DISTANCE OF 2054.65 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER;THENCE N 01 12'58"E ALONG THE WEST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 2716.70 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER S 88 34'43"E A DISTANCE OF 597.29 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAY AS RECORDED UNDER PIERCE COUNTY AUDI.TOR'S NO.9501190204;THENCE ALONG SAID WESTERLY LINE S 47 39'40"E A DISTANCE OF 98.20 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 1470 FEET,THROUGH A CENTRAL ANGLE OF 12 39'40",AN ARC DISTANCE OF 324.84 FEET;THENCE S 35 00'00"E A DISTANCE OF 285.03 FEET;THENCE(NOW LEAVING SAID WESTERLY MARGIN)S 29 17'46"E A DISTANCE OF 12.34 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET,THE CENTER OF WHICH LIES S 60 42'14" W,THROUGH A CENTRAL ANGLE OF 84 17'46",AN ARC DISTANCE OF 51.49 FEET;THENCE S 55 00'00" W A DISTANCE OF 228.95 FEET;THENCE S 35 00'00"E, A DISTANCE OF 64.00 FEET;THENCE N 55 00'00"E,A DISTANCE OF 215.56 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET,THE CENTER OF WHICH LIES S 35 00'00"W, THROUGH A CENTRAL ANGLE OF 95 52'50",AN ARC DISTANCE OF 58.57 FEET TO THE TRUE POINT OF BEGINNING. 11/7/97 Page 2 of 9 • 9805210624 TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST,W.M. IN PIERCE COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST, W.M.,AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259;THENCE ALONG THE NORTH LINE OF SAID SECTION N 88 34'43"W A DISTANCE OF 19.43 FEET TO THE NORTHWEST CORNER OF PIERCE COUNTY LARGE LOT SUBDIVISION NUMBER 670;THENCE CONTINUING ALONG SAID NORTH LINE N 88 34'43"W A DISTANCE OF 788.61 FEET TO A POINT ON CURVE;THENCE ON A CURVE TO THE RIGHT WITH A 1030.00 FOOT RADIUS,THE CENTER OF WHICH LIES N 73 41'20"W, THROUGH A CENTRAL ANGLE OF 00 56'40",AN ARC DISTANCE OF 16.98 FEET;THENCE CONTINUING ON A CURVE TO THE RIGHT WITH A RADIUS OF 430.00 FEET,THE CENTER OF WHICH LIES N 72 44'40"W,THROUGH A CENTRAL ANGLE OF 37 44'40",AN ARC DISTANCE OF 283.27 FEET; THENCE S 55 00'00"W A DISTANCE OF 166.23 FEET;THENCE S 53 05'27"W A DISTANCE OF 150.08 FEET;THENCE S 55 00'00"W A DISTANCE OF 206.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 55 00'00"W A DISTANCE OF 8.02 FEET TO A POINT OF CURVATURE AS RECORDED IN PIERCE COUNTY AUDITOR'S FILE NUMBER 9501190204 FOR THE MARGIN OF LAKELAND HILLS WAY SE;THENCE ALONG SAID CURVE TO THE LEFT WITH A RADIUS OF 35.00 FEET,THROUGH A CENTRAL ANGLE OF 90 00'00",AN ARC DISTANCE OF 54.98 FEET;THENCE CONTINUING ALONG SAID MARGIN S 35 00'00"E A DISTANCE OF 49.54 FEET;THENCE S 55 00'00"W A DISTANCE OF 60.00 FEET;THENCE N 35 00'00"W ALONG THE WESTERLY MARGIN OF SAID LAKELAND HILLS WAY SE A DISTANCE OF 195.35;THENCE DEPARTING FROM SAID EXISTING MARGIN S 29 17'46"E A DISTANCE OF 12.34 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET,THE CENTER OF WHICH LIES S 60 42'14"W,THROUGH A CENTRAL ANGLE OF 84 17'46",AN ARC DISTANCE OF 51.49 FEET;THENCE S 55 00'00"W A DISTANCE OF 228.95 FEET; THENCE S 35 00'00"E,A DISTANCE OF 64.00 FEET;THENCE N 55 00'00"E,A DISTANCE OF 215.56 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET,THE CENTER OF WHICH LIES S 35 00'00"W,THROUGH A CENTRAL ANGLE OF 95 52'50",AN ARC DISTANCE OF 58.57 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 689.00 FEET,THROUGH A CENTRAL ANGLE OF 14 20'46",AN ARC DISTANCE OF 172.52 FEET;THENCE S 14 46'24"E A DISTANCE OF 1430.60 FEET;THENCE N 75 13'36"E A DISTANCE OF 82.00 FEET;THENCE N 14 46'24"W A DISTANCE OF 1430.60 FEET;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 771.00 FEET;THROUGH A CENTRAL ANGLE OF 14 31'22",AN ARC DISTANCE OF 195.43 FEET;THENCE N 29 17'46"W A DISTANCE OF 10.16 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 84 17'46",AN ARC DISTANCE OF 51.49 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT PORTIONS DEEDED TO PUGET POWER UNDER PIERCE COUNTY AUDITOR'S NO.2891243, AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259. TRACT D(0520052038& 0520061015) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST,W.M.,AND THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 5,TOWNSHIP 20 NORTH,RANGE 5 EAST,W.M.IN PIERCE COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST, AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259;THENCE ALONG THE NORTH LINE OF SAID SECTION N 88 34'43"W A DISTANCE OF 19.43 FEET TO THE NORTHWEST CORNER OF PIERCE COUNTY LARGE LOT SUBDIVISION NUMBER 670;THENCE CONTINUING ALONG SAID NORTH LINE N 88 34'43"W A DISTANCE OF 788.61 FEET TO A POINT ON CURVE;THENCE ON A CURVE TO THE RIGHT WITH A 1030.00 FOOT RADIUS,THE CENTER OF WHICH LIES N 73 41'20"W,THROUGH A CENTRAL ANGLE OF 00 56'40",AN ARC DISTANCE OF 16.98 FEET;THENCE CONTINUING ON A CURVE TO THE RIGHT WITH A RADIUS OF 430.00 FEET,THE CENTER OF WHICH LIES N 72 44'40" W, THROUGH A CENTRAL ANGLE OF 37 44'40",AN ARC DISTANCE OF 283.27 FEET;THENCE S 55 00'00" W A DISTANCE OF 166.23 FEET;THENCE S 53 05'27"W A DISTANCE OF 150.08;THENCE S 55 00'00"W 11/14/97 Page 3 of 9 • 9805210624 A DISTANCE OF 206.98 FEET;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 35.00 FEET, THE CENTER OF WHICH LIES S 35 00'00"E,THROUGH A CENTRAL ANGLE OF 84 17'46",AN ARC DISTANCE OF 51.49 FEET;THENCE S 29 17'46"E A DISTANCE OF 10.16 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 771.00 FEET,THE CENTER OF WHICH LIES S 60 42'14"W, THROUGH A CENTRAL ANGLE OF 14 31'22",AN ARC DISTANCE OF 195.43 FEET;THENCE S 14 46'24" E A DISTANCE OF 1430.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 75 13'36"E A DISTANCE OF 59.23 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 1970.00 FEET,THE CENTER OF WHICH LIES S 14 46'24"E THROUGH A CENTRAL ANGLE OF 4 46'24",AN ARC DISTANCE OF 164.12 FEET;THENCE N 80 00'00"E A DISTANCE OF 500.00 FEET; THENCE N 10 00'00"W A DISTANCE OF 383.00 FEET;THENCE N 41 30'00"E A DISTANCE OF 240.00 FEET;THENCE N 57 30'00"E A DISTANCE OF 150.00 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 4 OF SECTION 5 AS SHOWN ON PAGE ONE OF RECORD OF SURVEY 8807280259; THENCE N 89 54'50"E ALONG THE SOUTH LINE OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION 5 A DISTANCE OF 1638.38 FEET;THENCE S 03 26'36"W A DISTANCE OF 48.22 FEET;THENCE S 31 01'58"W A DISTANCE OF 20.64 FEET;THENCE S 24 16'49"E A DISTANCE OF 21.34 FEET TO A POINT ON A CURVE;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET,THE CENTER OF WHICH BEARS S 38 55'41"E,THROUGH A CENTRAL ANGLE OF 127 34'07",AN ARC DISTANCE OF 222.65 FEET;THENCE S 76 29'49"E A DISTANCE OF 18.99 FEET TO A POINT ON A CURVE;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET,THE CENTER OF WHICH LIES S 74 00'49"E, THROUGH A CENTRAL ANGLE OF 75 26' 30",AN ARC DISTANCE OF 131.67 FEET;THENCE S 13 49'52" E A DISTANCE OF 39.60 FEET;THENCE S 60 58'23"E A DISTANCE OF 65.47 FEET;THENCE S 24 20'35" E A DISTANCE OF 20.88 FEET;THENCE S 45 31'31"E A DISTANCE OF 63.43 FEET;THENCE S 63 47'35" W A DISTANCE OF 44.14 FEET;THENCE S 01 18'19"E A DISTANCE OF 111.57 FEET;THENCE S 29 17'48"E A DISTANCE OF 5.34 FEET;THENCE S 04 11'06"W A DISTANCE OF 17.53 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF SAID NORTHWEST QUARTER;THENCE S 89 32'03"W ALONG SAID SOUTH LINE A DISTANCE OF 1182.52 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER;THENCE S 02 01'23"W ALONG SAID WEST LINE A DISTANCE OF 673.81 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER;THENCE S 89 09'03"W ALONG SAID SOUTH LINE A DISTANCE OF 656.14 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6;THENCE N 88 34'36"W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 520.00 FEET; THENCE N 02 17'00"W A DISTANCE OF 143.00 FEET;THENCE N 08 39'24"W A DISTANCE OF 229.04 FEET;THENCE S 77 00'00"W A DISTANCE OF 349.00 FEET;THENCE N 14 46'24"W A DISTANCE OF 265.00 FEET;THENCE N 75 13'36"E 82.00 FEET TO THE TRUE POINT OF BEGINNING. TRACT E(0520052039) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 5,TOWNSHIP 20 NORTH,RANGE 5 EAST,W.M.IN PIERCE COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST,W.M.,AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259;THENCE ALONG THE NORTH LINE OF SAID SECTION N 88 34'43"W A DISTANCE OF 19.43 FEET TO THE NORTH WEST CORNER OF PIERCE COUNTY LARGE LOT SUBDIVISION NUMBER 670;THENCE CONTINUING ALONG SAID NORTH LINE N 88 34'43"W A DISTANCE OF 788.61 FEET TO A POINT ON CURVE;THENCE ON A CURVE TO THE RIGHT WITH A 1030.00 FOOT RADIUS,THE CENTER OF WHICH LIES N 73 41'20"W, THROUGH A CENTRAL ANGLE OF 00 56'40",AN ARC DISTANCE OF 16.98 FEET;THENCE CONTINUING ON A CURVE TO THE RIGHT WITH A RADIUS OF 430.00 FEET,THE CENTER OF WHICH LIES N 72 44'40"W,THROUGH A CENTRAL ANGLE OF 37 44'40",AN ARC DISTANCE OF 283.27 FEET; THENCE S 55 00'00"W A DISTANCE OF 166.23 FEET;THENCE S 53 05'27"W A DISTANCE OF 150.08 FEET;THENCE S 55 00'00"W A DISTANCE OF 206.98 FEET;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 35.00 FEET,THE CENTER OF WHICH LIES S 35 00 00"E,THROUGH A CENTRAL ANGLE OF 84 17'46",AN ARC DISTANCE OF 51.49 FEET;THENCE S 29 17'46"E A DISTANCE OF 10.16 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 771.00 FEET,THE CENTER OF WHICH LIES 11/7/97 Page 4 of 9 9805210624 S 60 42'14"W,THROUGH A CENTRAL ANGLE OF 14 31'22",AN ARC DISTANCE OF 195.43 FEET; THENCE S 14 46'24"E A DISTANCE OF 1430.60 FEET;THENCE N 75 13'36"E A DISTANCE OF 59.23 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 1970.00 FEET,THE CENTER OF WHICH LIES S 14 46'24"E,THROUGH A CENTRAL ANGLE OF 4 46'24",AN ARC DISTANCE OF 164.12 FEET;THENCE N 80 00'00"E A DISTANCE OF 500.00 FEET;THENCE N 10 00'00"W A DISTANCE OF 383.00 FEET;THENCE N 41 30'00"E A DISTANCE OF 240.00 FEET;THENCE N 57 30'00"E A DISTANCE OF 150.00 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 4 OF SECTION 5 AS SHOWN ON PAGE ONE OF RECORD OF SURVEY 8807280259;THENCE N 89 54'50"E ALONG THE SOUTH LINE OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION 5 A DISTANCE OF 1638.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 03 26'36"W A DISTANCE OF 48.22 FEET;THENCE S 31 01'58"W A DISTANCE OF 20.64 FEET;THENCE S 24 16'49"E A DISTANCE OF 21.34 FEET TO A POINT ON A CURVE;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET,THE CENTER OF WHICH BEARS S 38 55'41"E, THROUGH A CENTRAL ANGLE OF 127 34'07",AN ARC DISTANCE OF 222.65 FEET;THENCE S 76 29'49"E A DISTANCE OF 18.99 FEET TO A POINT ON A CURVE;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 100 FEET,THE CENTER OF WHICH LIES S 74 00'49"E,THROUGH A CENTRAL ANGLE OF 75 26'30",AN ARC DISTANCE OF 131.67 FEET;THENCE S 13 49'52"E A DISTANCE OF 39.60 FEET;THENCE S 60 58'23"E A DISTANCE OF 65.47 FEET;THENCE S 24 20'35"E A DISTANCE OF 20.88 FEET;THENCE S 45 31'31"E A DISTANCE OF 63.43 FEET;THENCE S 63 47'35"W A DISTANCE OF 44.14 FEET;THENCE S 01 18'19"E A DISTANCE OF 111.57 FEET;THENCE S 29 17'48"E A DISTANCE OF 5.34 FEET;THENCE S 04 11'06"W A DISTANCE OF 17.53 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF SAID NORTHWEST QUARTER;THENCE N 89 32'03"E A LONG SAID SOUTH LINE A DISTANCE OF 136.65 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5;THENCE S 02 39'05"W ALONG SAID WEST LINE A DISTANCE OF 665.38 FEET;THENCE N 89 09' 03" E ALONG WITH SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 656.14 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE N 02 58'21"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER;THENCE N 02 58'21"E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1322.39 FEET TO THE SOUTH LINE OF SAID GOVERNMENT LOT 3;THENCE S 89 54'50" W ALONG SAID SOUTH LINE A DISTANCE OF 1013.86 FEET TO THE TRUE POINT OF BEGINNING. TRACT F(0520061016) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 20 NORTH, RANGE 5 EAST,W.M.IN PIERCE COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST, W.M.,AS SHOWN IN RECORD OF SURVEY NUMBER 8807280259;THENCE ALONG THE NORTH LINE OF SAID SECTION N 88 34'43"W A DISTANCE OF 19.43 FEET TO THE NORTHWEST CORNER OF PIERCE COUNTY LARGE LOT SUBDIVISION NUMBER 670;THENCE CONTINUING ALONG SAID NORTH LINE N 88 34'43"W A DISTANCE OF 850.83 FEET TO A POINT ON CURVE;THENCE ON SAID CURVE TO THE RIGHT WITH A 370.00 FOOT RADIUS,THE CENTER OF WHICH LIES N 72 44'40"W, THROUGH A CENTRAL ANGLE OF 37 44'40",AN ARC DISTANCE OF 243.74 FEET;THENCE S 55 00'00" W A DISTANCE OF 33.00 FEET;THENCE ON A CURVE TO THE RIGHT WITH A 30.00 FOOT RADIUS, THE CENTER OF WHICH LIES N 35 00'00"W,THROUGH A CENTRAL ANGLE OF 90 00'00",AN ARC DISTANCE OF 47.12 FEET;THENCE N 35 00'00"W A DISTANCE OF 54.77 FEET;THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 80 43'06",AN ARC DISTANCE OF 35.22 FEET TO A POINT OF REVERSE CURVATURE;THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 285.00 FEET TO A POINT ON THE NORTH LINE OF SECTION 6;THENCE S 88 34'43"E ALONG THE NORTH LINE OF SAID SECTION 6 A DISTANCE OF 161.67 FEET TO THE TRUE POINT OF BEGINNING. 11/7/97 Page 5 of 9 980 210624 PARCEL 1 (0520082006&0520082010) THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 20 NORTH,RANGE 5 EAST, W.M.; EXCEPT ROADS;AND EXCEPT THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED SEPTEMBER 27, 1971,UNDER AUDITOR'S FILE NO.2412443. PARCEL 2(0520064000) THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 20 NORTH, RANGE 5 EAST W.M.; EXCEPT THE WEST HALF OF THE NORTHWEST QUARTER THEREOF. PARCEL 3(0520063000) THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M.; EXCEPT THEREFROM A STRIP OF LAND 100 FEET WIDE ALONG THE WEST SIDE OF SAID PROPERTY DEEDED TO THE PACIFIC COAST POWER COMPANY, SAID 100 FOOT STRIP OF LAND BEING THE WEST 100 FEET OF SAID EAST HALF OF THE SOUTHWEST QUARTER;AND EXCEPT THE EAST 170 FEET OF THE WEST 270 FEET MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER. PARCEL 5(0520053001) THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M. PARCEL 6(0520053004& 0520053014) THE NORTH FIVE ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5,TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN; EXCEPT COUNTY ROAD. PARCEL 7(0520053004&0520053014) BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5,TOWNSHIP 20 NORTH, RANGE 5 OF THE W.M.;THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION, 132 FEET;THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION, 330 FEET;THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION, 132 FEET TO THE EAST LINE THEREOF;THENCE NORTH ALONG SAID EAST LINE, 330 FEET TO THE POINT OF BEGINNING; EXCEPT COUNTY ROAD. PARCEL 9 (0520053008) COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M.;THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 40 RODS TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH ALONG SAID WEST LINE 40 RODS TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5;THENCE EAST ALONG SAID NORTH LINE 20 RODS; THENCE SOUTH 40 RODS; THENCE WEST 20 RODS TO THE TRUE POINT OF BEGINNING. 11/7/97 Page 6 of 9 9805210624 • PARCEL 10(0520053042) THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5,TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M.; EXCEPT THE SOUTH 40 RODS,AND EXCEPT THE WEST 20 RODS OF THE NORTH 40 RODS,AND EXCEPT EAST 8 RODS OF THE NORTH 40 RODS. PARCEL 11 (0520051032) THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER;THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER;ALL IN SECTION 5,TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 30 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5,CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 2277811;AND EXCEPT THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED UNDER AUDITOR'S FILE NO.2410280. PARCEL 12 (0520051001) THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5,TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M.; EXCEPT THE WEST 60 FEET THEREOF. PARCEL 14(0520051003) THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M. PARCEL 15(0520071001) THE NORTH 330.0 FEET(AS MEASURED AS RIGHT ANGLES TO THE NORTH LINE)OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M. PARCEL P-1 (0520053041) THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M.; EXCEPT THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED SEPTEMBER 27, 1971 UNDER AUDITOR'S FILE NO.2412443,RECORDS OF PIERCE COUNTY, WASHINGTON. PARCEL P-3 (0520062007) GOVERNMENT LOT 3, SECTION 6, TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M.; 11/14/97 Page 7 of 9 9805210624 • • EXCEPT THAT PORTION CONVEYED TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY,A WASHINGTON CORPORATION BY DEED RECORDED FEBRUARY 24, 1971 UNDER AUDITOR'S FILE NO.230037,RECORDS OF PIERCE COUNTY,WASHINGTON. PARCEL P-4(0520062027) THAT PORTION OF GOVERNMENT LOT 5(BEING FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER)OF SECTION 6,TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 5;THENCE NORTH ALONG THE EASTERLY BOUNDARY OF SAID GOVERNMENT LOT 5,A DISTANCE OF 480 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDARY,310 FEET;THENCE WESTERLY AT A 90 DEGREE ANGLE TO SAID EASTERLY BOUNDARY, 100 FEET; THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING. PARCEL P-6(0520062028) GOVERNMENT LOT 2;TI IE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M.; EXCEPT SAID GOVERNMENT LOT 2,THAT PORTION CONVEYED TO PUGET SOUND POWER AND LIGHT COMPANY,BY DEED RECORDED FEBRUARY 23, 1979,UNDER AUDITOR'S FILE NO.2891243, RECORDS OF PIERCE COUNTY,WASHINGTON; AND EXCEPT FROM SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,THE SOUTH 170 FEET OF THE WEST 270 FEET AND THAT PORTION CONVEYED TO WALTER E.ERIKSEN AND LORNA ERIKSEN,HIS WIFE BY DEED RECORDED MAY 17, 1977 UNDER AUDITOR'S FILE NO.2736688, RECORDS OF PIERCE COUNTY,WASHINGTON. PARCEL P-7(0520053038) TRACT A THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;ALL IN SECTION 5,TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M.; EXCEPT NORTH TAPPS HIGHWAY(FOREST CANYON ROAD); EXCEPT THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED DATED SEPTEMBER 20, 1971,RECORDED SEPTEMBER 27, 1971,UNDER AUDITOR'S FILE NO.2412443,AND EXCEPT THE EAST 330 FEET OF THAT PORTION OF THE NORTH 405 FEET OF THE SOUTH 1,065 FEET OF THE SOUTH HALF OF SAID SECTION 5,LYING WEST OF THE BONNEVILLE POWER ADMINISTRATION RIGHT-OF-WAY,AS GRANTED TO THE UNITED STATES OF AMERICA BY INSTRUMENT RECORDED FEBRUARY 24, 1941,UNDER AUDITOR'S FILE NO. 1274447. TRACT B THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5,TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M.; EXCEPT THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED DATED SEPTEMBER 20, 1971,RECORDED SEPTEMBER 27, 1971,UNDER AUDITOR'S FILE NO.2412443. 11/7/97 Page 8 of 9 • 9805210624 • PARCEL P-8(0520053030) BEGINNING AT THE NORTHWEST CORNER OF THE EAST 330 FEET OF THAT PORTION OF THE NORTH 330 FEET OF THE SOUTH 990 FEET OF THE SOUTH HALF OF SECTION 5,TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M., LYING WEST OF THE BONNEVILLE POWER ADMINISTRATION RIGHT-OF-WAY,AS GRANTED TO THE UNITED STATES OF AMERICA BY INSTRUMENT RECORDED FEBRUARY 24, 1941 UNDER AUDITOR'S FILE NO. 1274447;THENCE SOUTHERLY ALONG THE WEST LINE OF SAID EAST 330 FEET,A DISTANCE OF 330 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID EAST 330 FEET,A DISTANCE OF 150 FEET; THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TO THE PLACE OF BEGINNING; EXCEPT THEREFROM THAT PORTION CONVEYED TO EL PASO NATURAL GAS COMPANY BY DEED RECORDED SEPTEMBER 27, 1971 UNDER AUDITOR'S FILE NO. 2412443, RECORDS OF PIERCE COUNTY, WASHINGTON. PARCEL P-10(0520063000&0520064000) THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M.; ALSO,THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 20 NORTH,RANGE 5 EAST OF THE W.M.; EXCEPT THEREFROM A STRIP OF LAND 100 FEET WIDE ALONG THE WEST SIDE OF SAID PROPERTY,DEEDED TO THE PACIFIC COAST POWER COMPANY, SAID 100 FOOT STRIP OF LAND BEING THE WEST 100 FEET OF SAID EAST HALF OF THE SOUTHWEST QUARTER; AND EXCEPT THE EAST 170 FEET OF THE WEST 270 FEET MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER. OUT PARCEL(0520063008) GOVERNMENT LOT 6 IN SECTION 6,TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN; EXCEPT THE NORTH 115 FEET THEREOF; ALSO EXCEPT THE RIGHT OF WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; ALSO EXCEPT A STRIP OF LAND 15 FEET IN WIDTH ADJACENT TO AND PARALLEL WITH THE EAST LINE OF THE RIGHT OF WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY AS CONVEYED TO THE SEATTLE-TACOMA POWER COMPANY,A CORPORATION, BY DEED RECORDED UNDER PIERCE COUNTY AUDITOR'S FEE NO. 189228; ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 115 FEET OF SAID GOVERNMENT LOT 6 AND THE EAST MARGIN OF A STRIP OF LAND 15 FEET IN WIDTH AS CONVEYED TO SEATTLE-TACOMA POWER COMPANY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 189228;THENCE EASTERLY ALONG SAID SOUTH LINE 267.13 FEET AND THE POINT OF BEGINNING OF THIS EXCEPTION;THENCE CONTINUING EASTERLY ALONG SAID SOUTHERLY LINE 484 FEET;THENCE SOUTHERLY AT RIGHT ANGLES TO SAID SOUTH LINE 475 FEET;THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE 344 FEET; THENCE NORTHWESTERLY IN A STRAIGHT LINE 495.2 FEET TO THE POINT OF BEGINNING; ALSO EXCEPT COUNTY ROAD. 1 1/7/97 Page 9 of 9 9805210624 • EXHIBIT 3 EXHIBIT 3 First Amendment to Lakeland Annexation and Utilities Agreement 9805210624 . EASEMENT (CORPORATE FORM) For and in consideration of the sum of one dollar($1.00)and other good and valuable consideration,receipt of which is hereby acknowledged,and for benefits to be derived by the Grantor herein,Grantor, THE LAKELAND COMPANY.INC. hereby conveys and warrants to the City of Auburn,Grantee Easement under,over,through ng,maintaining,and and across the described real property for the purpose of WATER WELLS following AND APPURTENANCES THERETO,said real property being installing being described as follows: SEE EXHIBIT'A',ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right,at times as may be necessary,for immediate entry upon said Easement for the purpose of construction,maintenance,Inspection, repair or reconstruction of the above Improvements without Incurring any legal obligation or liability therefore. Grantee will coordinate all improvements with Grantor to provide compatibility with Grantor's proposed development of The Lakeland Planned Development District as referenced In the files of Pierce County,Washington as Case No.AA14-95. Except temporarily as required for development said Grantor shall not in any way block,rest use of thetrict or e real de access and egress to or from said Easement,and/or in any way block,restrict or impede property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of,and access and egress to and from the real property within the above-described Easement. If said gate is to.be locked,keys shall be provided to the Grantee. Grantee may fence along boundaries of said Easement only after coordinating fencing materials with Grantor to provide compatibility with Grantor's proposed development. After Grantee's installation of improvements Grantee shall restore,at its sole expense, all Improvements and/or property disturbed by Grantee's Installation to the condition of said improvements or property to its prior existing condition. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors,heirs and assigns of all parties hereto. This easement will terminate at such time as the real property described above is conveyed to the Grantee. Any future subdivision of land will Incorporate the intent of this Easement to provide continuous uniterrupted use as described above to Grantee. IN WITNESS WHEREOF,said corporation has caused this Instrument to be executed by its property officers and its corporate seal to be hereunto affixed this /y day of GRA 0 G2'��"`�' BY: l -Diaeero( BY: ^4/t-- 6 e/t Secretary STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this /`/— day of 199,(2_,before me,the undersigned,a Notary Public In and for the State of Washington,duly co missio ed and sworn,,personally appeared to me known to be � �� �. gut„` and Ond the respectively, the Lc�� t� and the x�e+.. au+ of 1, ' ts(a&4a � ,the corporation that executerthe within and foregoing instrument and deed of said corporation,for thuses and purposes therein mentioned,and on oath stated that they were authorized to execute said instrument mate-seal-ef-seid-eorporattaFl. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. ,,,aNE,8,�,,.,�� NOTARY PUBLIC in and for the STATE .� R •, OF WASHINGTON,residing at I ^n-c^ Sstoq�to•00,,, My Commission expires -•'1.'/ Group2M/indata/AubV C,0c truLik, / c 9805210624 EASEMENT (CORPORATE FORM) e For and ihn ebyiacknowl d ted,hes and for benefits to b1e derived by the Grantor herein,um of one dollar($ .00) and other good and IGra tor,.consideration,E IJ_KELAND CCOMPANY.Ishereby 9 COM INC. ,hereby conveys and warrants to the City of Aurburn, constructing,ntee maintaining nt under,over and through and across the following described real property for the purpose of Installing A WATER RESERVOIR AND APPURTENANCES THERETO, said real property being described as follows: SEE EXHIBIT'A',ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right,at times as may be necessary,for Immediate entry upon said Easement for the purpose of construction,maintenance,Inspection,repair or reconstruction of the above Improvements without Incurring any legal obligation or liability therefore. Grantee will coordinate all Improvements with Grantor to provide compatibility with Grantor's proposed Washington development s Case of The LaAAand 95. • Planned Development District as referenced in the files of Pierce County, Except temporarily as required for development said Grantor shall not in any way block,restrict or ck,full use of theereal de access and egress to or from said Easement,and/or in any way block,restrict or Imp property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may fence along the boundaries of said Easement provided that a gate Is constructed in said fence. • Said ate low the ntee full use of,and access and egress and frareal property within the above-described I Easement.aIf said gate Is to be locked,keys shall be o om the provided to the Grantee. After Grantee's installation of improvements Grantee shall restore,at its sole expense, all improvements and/or property disturbed by Grantee's installation to the condition of said improvements or property to its prior existing condition. ThisEasement shall be binding on the successors,heirsand assigns of all parties hereto.This Easement wilt ter estate, terminate andatsuch time as the real property described above Is conveyed to the Grantee. Any future subdivision of land will Incorporate the Intent of this Easement to provide continuous uninterrupted use as described above to Grantee. IN WITNESS WHEREOF,said corporation has caused this instrudmenttayfto be executed by i19property officers and its corporate seal to be hereunto affixed this_ /�— GR N'TfJ BY: // l' sidrut -D r 2 C.r"u,e BY: ACr� 40 -r\-- Secretary STATE OF WASHINGTON ) • )ss COUNTY OF KING ) On this I`lit - day of 199 __,before me,the undersigned,a Notary Public In pd for the State of Washington,duly ommissionep and sworn,personally appeared ,to me known 10 be ( ��o,,,�, .,, and ,respectively, thee r^�f°t- and the ��' �-�r'."' of .per n� rMt,N1 yu, ,the corporation that executed he within and foregoing instrument and deed of said corporation,f r th uses and purposes therein mentioned,and on oath stated thatth they were authorized to execute said Instrument IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal on the dale hereinabove set forth. Pf ' ,, k:-.cH/L. 60,z.bcAv he T �� ,p.\"",,/,, •� OF WASHINGTON,residinNOTARY PUBLIC in and g TiaC'�<� •` NE B�j '•, S. '.,,•'osiON� O ': My Commission expires y /7 AO My -*ZS Group2/Wlndata/A:bresf.dof"`rye4..� "'_ (:-2,? ' IIDLlt �/ WYaStI\x'.•` • • 9E105210624 EXHIBIT"A" A parcel of land described as two overlapping circles both with diameters of 115 feet. The of apoint N88'34'42"W, 1,440.13 ft. of the NE corner of centers of each circle is the respective Lakeland Hills Well Casing#1 and#2. Well Casing is located S1'25'18"W,2,315.75 ft. 29.46 ft. from Well Casing Sec 6,Twn 20N, Rng 5E. Well Casing#2 is located S24'11'08"E, #1. • Q::.:._ _ \ 10Al 1 , i ® IA® 9 i a�.,�� JAiE 31,,32 \1 A TANK 5 - t'6 'N es •.tI /41o.I - V Rc i 11 N UI N....."" —r VOL.0555 PG.0669 aiz ' AF.rf0107170104 OR16.PARCEL W 05-Z0-05-S-012 • (SHOWN UNDER "NENNINGSON I. SG SNORT PLAT"/N TITLE REPOR nc T) JOHNSON (EXCLUDED) 6.11 NK 1 LN • JONES r i 6.20 GJ ERAl N MO SG� 621 • PARCEL 4 L- ' s Jo'PPw AM16 . , VI N ion - • to �r y ~\7 ._.......-t:--i\ eo,fi / ro ......J I 1 • /L t /4" G� 14.j7.70 ... //Slit. d,^r„e>'er t _ - )6, 08 _�— cerlfrtr/t ra Well ' I ,/ �z 14 . Cosily; • 9805210624 FROM:D04A._ ENGINEERS TO: 206 646 5907 RPR 8, 1991 9:37RM P.01 Jar GJ 1J 30 �rilla 14 40 31 ' • 32 ,�rd 4rai _8--it. • m 7 Q �1� LANK 31 32 �. ��I 4/ S8°34 �.4z w /440, /3 6 RC d NJ 411%" ' ------ VOL. 0555 PG. 0689 P4MJT Al: Pv 8907110104 6.12 ORIG. PARCEL */05-20-05-3-012 _\--- (SHOWN UNDER "/1ENNINGSON SNoKr PLA r" /N rirL6 REPO cr) RC L SG (EXCL UDEO) JONNSON 6.11 PRIVATE • MK1LM J I JUKES . In I 1 6.20 I M I 1 N L'. 1 GJ ERAT /J o S Gam__ 6.21 P4RCEL 4 L___--__ 1 _ •a JO. Phly 1. - AFN 0 e I If) N I s ESMT. (25) 19210 ` � v r�, N � N ;• 0 `V \ h' yy L/ d "PQ.r`-<-1 --p- Co / 1 O ri JV 6 8 ' /6 /G " W l¢27,70 ' w C\ N r 'sX5....,--- . . rff Pos1-11-brand fax Iransmiflal memo 7671 icy p•o••• sitagnink EL 1. . `-'• /)-S 1 U G' OW. .a ,. 1 . '�ph°.o"ne?x-C:)C. `P4 o 1 .d.� ' • `i c ' J i V 1 V S Fee N e� . _FS'.J ' Ca d I l/A O I I 9805210624 .PW • • • • • • FROM•DOLJL ENGINEERS TO: 206 646 5907 APR 8, 1991 9:37r1M P.01 "' r CJ 1J 30 � 1 .. 31O I • 8, 8 32 R ors-fir� © m H.7 JATEt' ::` 1 2� m�� 6 -tANK 31 32 ''l, N 88°34 '4 '-z "' /4-10. ',3 --6 RC I, NJ. is.,..,1 r "--- VOL. 0555 PG. 0689 TIIAUT AC. , e907/ro,o4 6.12 OR/6. PARCEL '/O5-ZO-05-g-012 -1- (SHOWN UNDER "HENN/NG50N 5HORr PLAT" /N rirne REPORT) RC S. SG \ (EXCL UDEO) JOI+NSON 6.11 palVAIE ` M 1.KLM I I JQNES • Cy i'l 6.20 I M111NJ 1 GJ ERATe •;:: • )J E) 5 G�� 6.21 PARCEL 4 I ,_ I _ 1 •d 30' PRIV :i �• ANN AS • 11 N AI . . `• ESMt. 25) Ay U y {a �4 4 L • % ,y ... -- Ai68 ' /6 /6 " W /4-2770 ' n • • • . . (II Post-I1"brand lax transmittal memo 7671 lepton• / .-. .gR '.T� 1f n :, . �. ) . L_ C °.-- ' r {� Depl. Phone�I C • 0 c. V / Fe[M • s[ 25�a O�.:AS I O I $ I . e , l .4 ,,,v . ...... z ,, ....... •l.t / ___ _._ ,, , _ !! F, (� n _ NJ:IN FN PACIFIC CIILC 40 Re IV T ' ri, re "c..� g �- r ac }t#t�=iTYTFc"I—_ — F3F--_ .' - -. 1-4 mil! ' 0-' , 3 ,.. Ir ® € � it- '4-1 € t Alt - _ 1 t 1- n i 1 1 It ITto 77. :7,,••,— " s --tills%\��.a RIB « y , ---i-c `•1IIn� , OZ 4�1� .11 �.� � II� �\i._ J A 1(1, •� 1`; / '). i_, _Vi; /- i7" li .-�1 : -.\ \�1 �!� illh -- AIL in. ,��I [[I cs .'€) : .' �JAI •� roA_ ;--- 'ji/ _- - i Ll1C- �- ^ )3' __�1 C.,.' k,l I_, , 1, l/ _-; 4 _ •�-i �r i'`N a , ,.�I�` L o a l__ 1�.- ` ,frf fry - - _.- _ ' 4 - - - n ` ,1 ♦ '----'';',---, '' '- " _:_.'.1,-j---::.1____ .0.. 's '• Sy � • _ ' .\.ijl• x ;I2 o g - • -s \�. - _ _ n h 1 L ddl l \ 4i � � i`c.-1F L� _ lll A , r N I • oIN :~Ivy I FP _ u \ / .-:'-. :i. _ - Pn j -1, t - 'k — I y .I . .. l y • e llll I qr ' - s ' /IOi,,it",-6 . .. mac--_ liiiiiiiiiiiiiiiii •1. rF... \ :Fte o o . U . -_ - e e 7eP �N ii" - Am 2 P. _I 131' 05 Wit' Mt.. AVE. F IA.N.A. N FAPPF//WC) — I — 1-11 t. Exhibit"1" Resolution No.2955 • 10 ! FINAL DEVELOPMENT ESM inc. =A ° ; h " PLAN FOR LAKELAND i „oS. ]I9,e STREET q 'A' mr nnnts s n ,' rnwuc{ll/' h* aJC3a o' 911003 •- 98505 10624 EASEMENT(CORPORATE FORM) • e eration,receipt of For hi and In ebyideration of the and for benefits tts to bem of one dollar 1 derived by the Grantor herein,and other good and IG Grantor,THEE AND which Is hereby acknowledged,,hereby ande ,over, a COMPANY•acr,hereby conveyswing and warrants o the City of the purpose of laying,maintaining, under,ova , through and across the following described real properlybeing described as DOMESTIC WATER SYSTEM AND APPURTENANCES THERETO. Said real property follows: SEE EXHIBIT"A-,ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right,at Times as may be necessary,for immediate entry upon said Easement for the purpose of construction, maintenance, i t encIspcn,reior reconstruction es ctioof the above ll Improvements withoutng any legal obligation liability therefore. co will coordinate a Improvements and final alignment installation all Improvements Installed Grantor to provide compatibility with Grantor's poposeddeelopment of The Lakeland Planned Develop ment Washington as Case No.AA14-95. District as referenced In the files of Pierce County, Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee,provided such surfaces may be replaced by surfaces consistent with Grantor's development plans. Pblock,restrict or Impede block,restrict or impedec full use of the real Except temporarily as required for development said Grantor shall not In any waypurposes. Said access and egress to or from said Easement,and/or in any waygate is property within the above-described Easement by said Grantee for the above-described constructednt may fencesaid fence. Said gate shall be of sufficient length said Easement and/or along the dand location aries of dto allow the Grantee full Easement provided tuse of, on Inwithin the above-described Easement. If said gate Is to be and access and egress to and from the real property locked,keys shall be provided to the Grantee. herein at or's mpleted Said Grantor may relocat Easement or ettericondition relatt and ive to original rovements timprovementstat time ofnse.relocati n. At no time on must be to anequal actions lime during relocation by Grantor will water service or access/egress by Grantee be interrupted by required for the relocation without the approved written consent of Grantee. • disturbed by Grantee's installation to the condition of said Improvements or property to its prior After Grantee's Installation of Improvements Grantee shall restore,at its sole expense, all Improvements and/or property existing condition. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be qu r the successors, improvements aread conveyed to the Grantee. conveyedgns of all parties hereto. This Eeal property and asement will terminate at such time as equal or b P Improvements for water service may not necessarily Ile within above described Easement. Any future subdivision of land or desiign n of d wataboere system Grantee. incorporate the intent of this Easement to provide continuous uninterrupted use as IN WITNESS WHEREOF,said corporation has caused this insstrudmenttfto be executed by its property officers and Its corporate seal to be hereunto affixed this_y— G GR14e/ BY: •PsiviitextulQtdrve_. --L/ BY: ! / Secretary STATE OF WASHINGTON )ss . COUNTY OF KING } 19g�,before me,the undersigned,a Notary Public On this !`� _day of rsonallya eared In nd for the late of Washington,duly ommissio ed and sworn,p PP ,to me known to be and '� � ,respectively, �v�_ and the . r..a.w the a.'�e� of y ��� , the corporation that executed ie within and foregoing Instrument e-saal-afitxad-I,,4h=rnrnnrateseal-of-sad-eerpoattor 7 and deed of said corporation,I r th ses and purposes therein mentioned,and on oath stated that they were authorized to execute said Instrument sad tth IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. \,,,,„,,,,, NE,.BO �� �` p '4 ' NOTARY PUBLIC in and for the STATE `r ��',,��p�SSIQ��Eco=� , OF WASHINGTON,residing at �l o *O • a. E. f \.0 r-,Z,,-` , My Commission expires _ �u� Ni Group2NvineatalAunv�.Bocil0L1C F 9805210624 EXHIBIT"A" ' A strip of land 20 feet wide having 10 feet of width on each side of a centerline described as follows: Rangeion 5 a eland Hills Beginning at the southern most edge of of Sec 6,Township 20Nection of Lakeland Hills Way SE and generallya ou Way SE, pr in the NE 1 feet to an apoint southerly approximately Y thence N88' 34'42"W existing 1,440.13 ft frromaid well the Nsite E cornerdof a point Si. 25'18"W 2,315.75 ft.; Sec 6,Twn 20N, Rng 5E. Thence proceeding southeasterly by most direct route approximately 1600 feet to a future reservoir site. The NE corner of said reservoir site located at, a point 400 ft. south along the section line of Sec 6,Twn 20N, Rng 5E,of the NE corner of the SE 1/4 of Sec 6,Twn 20N, Rng 5E. -jr.IA �I I 3 Z M t/f -:<I'aL"tJ 1440. 13 ''..;)'. .'' c)1-VI. \-pg- .. \/ _, \'`•••1 t c, • it/.f/ /.— „,,.%, 1 \ I 7 ,„\-\\,‘ ..___ ........,AK,‘ -- :---<-,-z\ \ I )'' I I � 1: / i , �� r 1. li . '_ .vv \� Y- 1 • 1/4/-;---- . ---A\I ; i.:-,ii 1--i. - _ ,,, . —1 -, •-_,,,,,,. .,__ • • ELI T .4V2dk/i \ t ' 1 i- 1\ r-. ' if , ---- \ .‘ - -I '''' ‘-,----- 1-- ' - ;/ 1/3,1- 4,--.:\ 74; '11 r/ I , r ,-r r/ .,;0 1\ vim\ i_7 '1/,;\` "�1111 1 —L!/ 1�,I�L—.1' i% �r� 1 rl`!t j�, ram, J 1 � f�-, ,-.\ �-� -\ `\��., � I CIA. is_ L-2-1":' ' 1 li . 1 \ I \\\\ '‘\ '';'. ''' •?'....-. ------7. \(-1•1171r.11 / \ "'F,' t\ 1 \ '1 1 1 1 \ ` \ \` ` y T 1 ^ .11 t r•r`r r�' s1 .1 \h 1 t 1 , \ \ lI t7ii'.:.'. t-� '�/` 'er11 lu7_II h1 1 L' ' 6a5 ".._.'..r. • 5 rr ,....--\\,-....i --. 7‘ 1"\\..$,,:-.))... II\ i: .4 i • ....1,---.„.„---- • �1\ 1 1 i I / 1 I ! II` � ll \ L y \�•� \, '1 I s \ ; I 1 1 1 • 9805210624 EXHIBIT'A" A parcel of land described as follows:Beg 5E, running 400 feet point of beginning.Twn From the southerly along said southerlytheing at the NE corner of the SE 1/4, of Sec 6,Twn 20N, Rng o along the section line to the section line 330 feet,thence N90 00'8 feet,to9he FOB.thence northerly 330 feet parallel to said section line,thence N90 00'00"E, 19 • .i •. � morel.o.ff r/cur ,.. •6 i AIIA•C IOI01ORIfe eCflt0l•f0•0NG)O.,lLI I f1e1,.NVNO[R'NINNI 3110 IC r Pi 1VOf01 r-lu TITIf[[/OSTI ~ ® \ . - PARCEL P 3 f I — R _ � PARCEL 4� PARCEL P-d \\ v. N (Z7). ,\\ �Ss ...•... —� S \i • \"j7"I p1T5 ' { 1 \9\I 1 I I I PARCEL to \\ I � I: a a\ PART II l� It —� ��w . It 2 --.—,lal -\1 Tit ..ELL " \\ is� e 5 PARCEL 3 \� :4.5/-.,•� II -151 1 _ ,: • • • • li �\ ESM� . ___ 1 I-_ (/91 ' . \________ PARCEL 15 .....:1:..,.......,f .. • . • . ,.._... . .. 9805210624