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HomeMy WebLinkAbout20130621001339 RIGHT OF WAY DEDICATION DEED 05/07/2013Return Address: City of Auburn City Clerk 25 West Main Street Auburn, WA 98001 -4998 0"" 2013062100 339 KIN E1/2013 PAG 06/2 OF1301298 E2611896 06/17/2013 14 23 KTNNG COUNTY, UP AX 00 SALE $10 $0 00 Above this line reserved for recording information RIGHT OF WAY DEDICATION DEED PAGE -001 OF 001 Grantor /Borrower' City of Auburn's Sanitary Sewer Utility Grantee /Assignee /Beneficiary• City of Auburn Legal Description /STR. A portion of the NE 'lA of the SETA of Section 14, Township 21 North, Range 4 East W.M., King County, Washington Assessor's Tax ParcelID #• 142104- 9050- 05,142104- 9051 -04, 142104 -9049- 09,142104- 9048 -00, 142104- 9075 -06 The Grantor, City of Auburn's Sanitary Sewer Utility, 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, an easement for right of way, public street and public utility purposes, to the same effect as if acquired by eminent domain under the laws of the State of Washington, the following described real property• A Right -of -Way described as follows: SEE EXHIBITS `A" AND °B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said property is burdened by a Wetland Construction and Maintenance Easement, recorded under Recording Number 20050324000883, and included as EXHIBIT "C" attached hereto and by this reference made a part hereof Right of Way Dedication Deed �., is ,1 .::T 1-wAC RDDf"G ON Pagelof - *,}`Z �IS,�A,,3TL'tTYFORiMIDITYAND /OR T,f.E -,VU%, VWVOOMPFtNY City Aubu r � Peter B. Lewis, Mayor Date: MAY 7 2013 Attees/s��tj,�I Danielle E. Daskam, City Clerk Date: MAY 7 2a1� APPROV TO FORM: F By- Daniel B. Heid, City Attorney Date: MAY 7 2013 STATE OF WASHINGTON ) ss. County of King ) I, the undersigned, a Notary Public, do hereby certify that on this --VS day of 20 \' , personally appeared before me PETER B. LEWIS, tome known to be the individual described id and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the City, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. written. In Witness Whereof 1 have hereunto set my hand and affixed my official seal the day and year first above �`"�MPQ Irytt /h/ Notary Public in and for the State of Washington, Residing pH EXpjfjiy/ /z /z My commission expires ` - — _�9 It +�N„q TE OF EXHIBIT "A" RIGHT OF WAY LEGAL DESCRIPTION A portion of the Southeast Quarter of the Southeast Quarter and of the Northeast Quarter of the Southeast Quarter all in Section 14, Township 21 North, Range 4 East of the Willamette Meridian, in King County, Washington, said portion described as follows: Commencing at the Southwest corner of Parcel "F" as shown on Record of Survey recorded under Recording Number 20090403900002, Records of King County, Washington; Thence N 16° 34' 03" E along the east margin of West Valley Highway a distance of 278.66 feet to the True Point of Beginning, Thence leaving said east margin of West Valley Highway N23° 29'46" E, 227.32 feet; Thence N 210 53' 56" E, 150.55 feet; Thence N 120 55" 06" E, 91.65 feet; Thence N 38144' 24" E, 163.99 feet; Thence N 21 046' 10" E, 74.40 feet; Thence N 059 34' 22" W, 15.49 feet; Thence N 55141' 56" W, 18.83 feet; Thence N 800 02' 16" W, 41.45 feet; Thence N 180 17'06' E, 32.76 feet; Thence N 18° 17' 14" E, 103.36 feet; Thence N 16157'49" E, 65.02 feet; Thence N 170 49'04" E, 97.23 feet; Thence N 190 04' 34" E, 33.67 feet to the beginning of a non - tangent curve to the right, having a radius of 76.34 feet from which point the center of said curve bears S 61° 21' 01" E; Thence northeasterly along said curve through a central angle of 46" 06' 21" an arc distance of 61.43 feet to the beginning of a non - tangent curve to the right, having a radius of 284.43 feet from which point the center of said curve bears 515° 14' 39" E; Thence easterly along said curve through a central angle of 110 52' 05" an arc distance of 58.92 feet; Thence N 860 37' 25" E, 6.51 feet; Thence N 020 20'41" W, 4.49 feet to the south margin of the 120 foot Right of Way of West Main Street and the beginning of a Non - tangent curve, concave to the north, having a radius of 2920.0 feet from which point the center of said curve bears N 02° 20'41" W; Thence westerly along said curve and along said south margin of West Main Street, through a central angle of 2° 22' 28 ", an arc distance of 121.00 feet; Thence N 89157' 08" W, 25.87 feet along said south margin of West Main Street to the east margin of West Valley Highway; Thence S 120 53' 25" W along said east margin of West Valley Highway, 81.45 Feet to the beginning of a tangent curve to the right, having a radius of 2,892.30 feet; Thence southwesterly along said curve and along said east margin of West Valley Highway, through a central angle of 8° 34' 29" an arc distance of 432.85 feet; Thence S 160 34' 03" W, along said east margin of West Valley Highway, 563.39 feet to the Point of Beginning. This property description contains 48040 Square feet (1.103 acres), more or less. Basis of bearings is NAD 83/91, Washington North Zone, as defined in Record of Survey recorded in Volume 261 of-Surveys at pages 98 -104 under recording number 20090403900002, records of King County, Washington. 112 °I Ix 0:\ 5URVEY\ PROJECTS \CP0916 West Valley Hwy \ROW &Survey Control \Exhibit A.doc 4 -17 -2013 C.L. LINE BEARING WEST WAN ST EX R.0 .W. L71 ° -- 284.43' L10 NO2'20'47 "W L12 a2 1 r 30, ti 3 L7 NORTH L6 1 SCHEMATIC 4 ONLY `I V 4 L3 DESCRIBED AREA = L1 48,040 SQUARE FEET 1103 ACRES M/L N21-46'1 O"E 74.40' W 3p• L11 N89'S7'OS "W 25.87' N38'44'24 "E S72'S3'25 "W 81.45' EXISTING Row WEST 163.99' VALLEY HW CURVE RADIAS DELTA LENGTH i C1 76.34' 46'06'21" 61.43' w C2 284.43' 11'52'05" 58.92• o N12'55'06 "E C3 02'22'28" 121.00' 91.65' C4 08'34'29" 432.85' .�� LINE BEARING DISTANCE Li 2 L2 NOS'34'22'�N N55'41'S6'VJ 15.49' 18.83' N21'53'56" E L3 N80'02'16' "W 47.45' 150.55' L4 N18'17'O6 "E 32.76' LS N18'77'14 "E 103.36' L6 Ni6'S7'49 "'E "E 65.02' r L7 NiT49'04 97.23' LS N19'04'34 "E 33.67' N2329'46 'E L9 NB6'37'25 "E 6.51' 227.32' L10 NO2'20'41 y 4, LIE POINT OF i' mo BEGINNING REFERENCE SURVEYS. SOUTHWEST CORNER OF Record of survey recording number 2 PARCEL ARCEL "F" 20090403900002 "F• Mill Creek Floodplain storage and 69'41'20" W Wetland Mitigation Area 61.88' THIS DRAWING IS TO ACCOMPANY THE LEGAL DESCRIPTION FOR THE NEW RIGHT OF WAY DEDICATION AND DOES NOT REPRESENT A BOUNDARY SURVEY EXHIBIT O WAY DEDICATION CITY OF AUBURN RIGHT PUBLIC WORKS DEPARTMENT West Valley Hwy 8 West Main St wnsawciory 25 WEST MAIN - AUBURN, WA City of Aubum Project No. CP0916 o.�mmcrwxo,ccrs�aros,e w"x w..., rM�mwTew �,,.� eax ws ws:ou owc Drawn By: B.L.M. Date: 04 -17 -2013 RADIAL BEARING TABLE LINE BEARING DISTANCE RL1 S61'21'01 "E 76.34' RL2 S15-14 39"E 284.43' RL3 NO2'20'47 "W 2920.0' W 4.49' L11 N89'S7'OS "W 25.87' L12 S72'S3'25 "W 81.45' Exhibit "C" AFrBR $P.CORDING RM URN Me KC Property Services Division KC Administration Building, Rm. 500 ADM -ES -0500 500 Fourth Avenue Seattle, WA 98104 cvuovaI(quusraao mur EXCISE TAX NOT REQUIRED King Co. Records Division By M y' . Deputy OliU N rnJir+DUA Above this line reserved for recordin¢ irtib mallon. (�ta,,`7 wSq'�V -tom GOEDECKENORTH WETLAND CONSTRUCTION AND MAINTENA CE EASEMENT (KC —S. 277's Street Phase III mitigation of wetlands) Reference # (if applicable): Grantor: City of Auburn's Sanitary Sewer Utility Grantee/Assignec /Beneficiary: King County Legal Description/STR: NE 1/4 of the SE 114 of Section 14T21 R04 142104 -9075, 142104 -9048, 142104 -9049, and Assessor's Tax Parcel IDH: 142104 -9051 THIS CONSTRUCTION AND MAINTENANCE EASEMENT (sometimes�ferred to hereinafter as `Basement") is made and entered into this 1i day of 12426&�Q1 , 2003, by and between the City of Aubuin's Sanitary Sewer Utility, a municipal corporation of King County, Washington, organized under Title 35A RCW, hereinafter referred to as the "CITY ", for, the benefit of King County, a political subdivision of the State of Washington, hereinafter referred to as "the COUNTY. ". WHEREAS, the CITY owns property that is partially encumbered 'by wetlands; and WHEREAS, the COUNTY is seeking to mitigate the disturbance of an existing wetland area along their South 2771h Street Reconstruction Project Phase III at property owned by the CITY; and WHEREAS, it is mutually agreed that preservation of quality wetlands is essential to maintaining an environment, which supports quality water resources, and the preservation of wildlife thereby creating a benefit of public health, safety, and welfare; and WHEREAS, the preservation and. enhanceme'�,ro�f wetlands is in conformity with the CITY's Comprehensive Plan; and �° dKument(s) were filed for record by Pacific Northwest Tive w ft"aric"On only. It has not been Goede ckeNorth — WenandMaintenanceEasement examinadastoproperexacutlonor Page I of 8 ds to "a affect upon title. LVVVVVAWWVVe.I_VVL WHEREAS, the CITY has received consideration from the COUNTYfor granting this Easement, the consideration has a long -term benefit to the CITY and the CITY'S Subject Property. NOW, THEREFORE, for and in consideration of ten dollars ($10.00) and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged by the CITY, the CITY hereby grants and conveys to the COUNTY this Easement as follows: 1. AUTHORITY TO BURDEN SUBJECT PROPERTY. The CITY is the owner in fee simple of King County tax parcel numbers 142104 -9075, 142104 - 9048,.142104 -9049, and 142104 -9051 hereinafter referred to as Subject Property, located in the City of Auburn, King County, Washington. A portion of the Subject Property has been legally described in Attachment `A' as Maintenance Easement, attached hereto and incorporated herein by reference. This site is to be used by the COUNTY for wetland mitigation, per this Easement, and shall be hereinafter referred to as the Maintenance Easement. The CITY has full power and authority to burden the Subject Property and consequently the area described as the Maintenance Easement in Attachment A, with this Easement. 2. PURPOSE. The CITY's purpose and intent in entering into this Easement is as follows: (1) Satisfy the COUNTY's United States Corps of Engineers (permit # 2002 -4- 00714) requirements associated with the COUNTY's South 277'h Street Reconstruction Project Phase III. (2) Define the area that the COUNTY is seeking to use, develop, maintain and mitigate as an enhanced wetland, known as the King County Mitigation Tract, legally described in Attachment `B', attached hereto and incorporated herein by reference. (3)- Est6blish a Dedication of Open Space and Wetland Conservation that will run with the land in perpetuity, upon the Subject Property for the King County Mitigation Tract. (4) Provide the COUNTY with the ability, if required, to monitor and maintain the King County Mitigation Tract as a functioning wetland for a period of thirteen years, with an option to maintain the site longer if required by the United States Corps of Engineers. 3. RIGHT OF ENTRY / ACCESS. The CITY hereby provides the COUNTY with Right of Entry and Access across the adjacent CITY property, described in Attachment 'C', for the purpose of establishing and maintaining the mitigation site. The access location may be relocated at the CITY's discretion and the COUNTY will be notified when this occurs. Ooedeeko North — Wetland Maintenance Easement Page 2 of 8 LVVVVV11VVVYVV.VW By acceptance of this Easement the COUNTY agrees, to the extent predictable, to leave the Subject Property adjacent to the Maintenance Easement, in as good condition as existed on the day the construction commenced. This shall include the timely removal of any and all debris, rubbish or combustible materials resulting from construction activities. The CITY agrees. that this Right of Entry shall continue in full force and effect from the date that the COUNTY gives adequate notice to the CITY for the commencement of construction. until the COUNTY'. s permit has been satisfied with the United States Army Corps of Engineers and other permit agencies and the site has been restored to the existing conditions. 4. EASEMENTS, The CITY hereby agrees to record a permanent non - exclusive Wetland Conservation Dedication set forth herein across, under, over and upon the King County Mitigation Tract, and the CITY covenants that this Wetland Conservation Dedication shall burden the Subject Property and be a benefit to the public. This Easement granted and conveyed herein, grants to the COUNTY, for a period of thirteen (13) years from the effective date of this Easement, the right to use the Mitigation Tract, legally described in Attachment 'B', as a wetland mitigation site to satisfy the requirements of the United States Army Corps of Engineers in connection with the South 277th Street Reconstruction Project Phase III including, but not limited to, establishing, monitoring, maintaining, preserving, and enhancing the wetland mitigation site and wetland functions such as recharge, conveyance or storage of storm water. At the COUNTY's request, the maintenance period shall be extended by an amendment to this Easement, if such extension is necessary to satisfy the requirements of the Corps of Engineers. 5. HEIRS, SUCCESSORS, AND ASSIGNS. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns, and shall continue as a servitude and easement running in perpetuity with the Subject Property, 6. COUNTY USE DURING MAINTENANCE PERIOD. The COUNTY shall design the wetland mitigation site to meet with the approval of the Corps of Engineers. The CITY shall review and approve of the wetland mitigation plans once the Corps of Engineers have approved the plans and prior to construction of any enhancement to the Mitigation Tract. During the maintenance period, the COUNTY may enter upon the Maintenance Easement at all times and for all purposes related to the implementation of the mitigation requirements identified in the United States Army Corps of Engineers permit. By acceptance of this Maintenance Easemeht the COUNTY agrees to maintain the Maintenance Easement as may be required by COUNTY and/or state agencies and as approved by the CITY, and the COUNTY shall not otherwise unreasonably interfere with Coedecke North - Wetland Maintenance Easement Page 3 of 8 the ownership, possession, or use Of the Maintenance Easement when entering to perform the permitted functions. described herein. 7. PROHIBITED USES OF WETLAND PROPERTY. For the duration of the Maintenance Period, the CITY agrees as follows: (1) The Mitigation Tract shall be protected as open space/wedand, and no other use shall be permitted thereon; (2) The CITY shall not in any way impair or interfere with the function and use of the Mitigation Tract; .(3) The CITY shall take reasonable and necessary steps to prohibit construction of any structures . or artificial surfaces or alteration of any vegetation within the Mitigation Tract, unless appropriate mitigation approved by the U.S. Army Coips of Engineers for such disturbance is undertaken; (4) The CITY shall not undertake, nor cause or permit to be undertaken, any activity or use of the King County Mitigation Tract which is inconsistent with the purpose, scope, or intent of this Easement, or inconsistent with wetland functions such as: recharge, conveyance, or storage of stormwater; mitigation measures required; and vegetative restoration, enhancement and protection. This covenant exists for the benefit of, and may be enforced as noted herein by, the COUNTY. 8. RESERVED RIGHTS. The CITY reserves to itself all rights, title, interest, and obligations incident to ownership of the Subject Property and King County Mitigation Tract except as otherwise provided in this Easement. 9. ENFORCEMENT. In the event the CITY determines that the COUNTY is in violation of the terms of this Easement, the CITY may, at its option, give the COUNTY written notice thereof, and the COUNTY shall have sixty (60) days from receipt of said notice to cure the violation. If a lawsuit is initiated to enforce the terms of this Easement, the prevailing party in such lawsuit shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such lawsuit, in addition to any other remedy or relief obtained. The CITY, at its option, may take action to preserve and protect the, Wetland Property or its wetland function, after first giving the .COUNTY the foregoing written notice and opportunity to cure, and, in such case, the reasonable expenses incurred by the CITY to preserve and protect the Wetland Site shall also be recoverable from the COUNTY if the COUNTY is found to be in violation of this Easement. In the event the COUNTY determines that the CITY is in violation of the terms of this Easement, the COUNTY may, at its option, give the CITY written notice thereof, and the CITY shall have sixty (60) days from receipt of said notice to cure the violation. If a lawsuit is initiated to enforce the terms of this Easement, the prevailing party in such lawsuit shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such lawsuit, in addition to any other remedy or relief obtained. The COUNTY, at its option, may take action to preserve and protect the Qoedecke North — Wetland Maintenance Easement Page 4.of 8 Wetland Property or its wetland function, after first giving the CITY the foregoing written notice and opportunity to cure, and, in such case, the reasonable expenses incurred by the COUNTY to preserve and protect the Wetland Site shall also be. recoverable from the CITY if the CITY is found to be in violation of this Easement. 10. NON•WAIVER OIL' BREACH. No omission or failure by the COUNTY to exercise or enforce any of its rights under this Easement or to require the CITY to cure any breach hereof, nor any forbearance granted by the COUNTY, shall be deemed or construed as a waiver by the COUNTY of such rights or a discharge of liability for any breach by the .CITY of the terms hereof. Nor shall any delay by the COUNTY in the exercise or enforcement of its rights and remedies limit or impair such right or remedy, or be construed as a waiver of the COUNTY'S right to pursue its remedies. 11. COSTS AND LIABILITIES. Except as otherwise provided in this Easement, the CITY retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Wetland Site. The. CITY shall pay all assessments and taxation (if any) against said Wetland Site assessed by any governmental authority as they become due. 12. HOLD HARMLESS AND INDEMNIFICATION. Washington. State Law shall govern the respective liability between the parties to this Easement for any loss due to property damage or injury to persons arising out of the activities conducted pursuant to this Easement. To the extent allowed by law, the COUNTY shall defend, indemnify and hold harmless the CITY, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties; and damages, of whatsoever kind or nature arising out of, in connection with or incident to any act or omission of the COUNTY, its employees, agents, and contractors in the exercise of the rights granted and conveyed to the COUNTY by this Easement. This indemnification obligation shall include, but is not limited to, all claims against the C17FY by an employee or former employee of the COUNTY or its contractors and, as to such claims, the COUNTY expressly waives, as respects the CITY only, all immunity and limitation of liability under Title 51 RCW. To the extent allowed by law, the.CTTY shall defend, indemnify and hold harmless the COUNTY, its effected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to any act or omission of the CITY, its employees, agents, and contractors in the performance of the CITY'S obligations under this Easement. This indemnification obligation shall include, but is not limited to, all claims against the COUNTY by an employee or former employee of the CITY or its contractors and, as to such claims, the CITY expressly waives, as respects the COUNTY only, all immunity and limitation of liability under Title 51 RCW. Goedecke North - Wetland Maintenance Easement Page 5 of 8 AWWVVQAgUVVOOJ_VVO 13. RECORDATION. The CITY agrees to incorporate the terms of this Maintenance Easement in any deed, lease or other Easement, which divests the CITY of any interest in any portion of the Subject Property. The COUNTY shall record this Easement. against the Subject Property, immediately upon. execution by both parties, in the Office of the King County Department of Records and.Blections. 14. CONSTRUCTION. This Easement shall be liberally construed to effect the purpose and intent hereof, IS. SEVERABILITY. If any provision of this Easement is ruled invalid or unenforceable for any reason. by a court of competent jurisdiction, the remaining provisions hereof shall remain In force and effect if such remainder would continue to serve the purpose and intent of the parties in entering into this Easement. 16. ENTIRE EASEMENT. This Easement contains the entire• Easement of the parties concerning the matiers contained herein and any representations or understandings, whether oral or written; not incorporated herein are excluded, 17. NO THIRD -PARTY RIGHTS. Nothing contained herein is intended to, nor shall be construed to, create any rights in any person or entity not a signatory to.this Easement, or to form the basis for any liability on the part of the CITY, the COUNTY, or their officials, employees, agents or representatives, to any person or entity not a signatory to this Easement, IN WITNESS WHEREOF, the CITY has executed this easement, effective as of the date first written above. GRANTOR- CITY OF AUBURN, Dennis Selle, City Engineer J0, Z2J0� 3645 Date Res# Attest Z�L� Danielle Daskam, City Clerk Goedecke North — Wetland Maintenance Easement Page 6 of 8 GRANTEE: KING COUNTY Linda Dougherty, (/ Road Services Division N01ARY —49~ PUBLIC STATE OF WASHINGTON) ss COUNTY OF KING ) Approved as to form: eputy Prosecuting Attorney 20vsu324owas3.007 On this day before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dennis Selle, to me known to be the City Engineer of the CITY OF AUBURN, the city that is described in and executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said city, for the uses and purposes therein mentioned, and on oath said person stated that said person was authorized to.exectite the said instrument. Given under my hand and official seal this ZZL41ay of October, 2003. �l NOTARY PUB � in and -for the State of Washington Printed Name: t: l �� J( 1_ 8 %ruH �' ►�-t� c/�SO r' Residing a r My commission expires: k 1 a 1 Goedecke North - Wetland Maintenance Easetnent Page 7 of 8 LW WJW V VVOOP.UUtf STATE OF WASHINGTON') : ss COUNTY OF KING ) On this day before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Unda.Dougherty, to me known to be the Director of the Road Services Department of KING COUNTY, the county that is described in and executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said county, for the uses and purposes therein mentioned, and on oath said person stated that said person was authorized to execute the said instrument. Given under my hand and official seal this ;n day of ocj-,. a, 2003 ( � t- (M NOTARY PUBLIC in and for the State of Washington Printed Name �YIQYb✓r t� �lrn Opt Residing at: kc 711X i rvt o A My commission expires; i a clog Goedecke North — Welland Maintenance Easement Page 8 of 8 i.W."LYVYYVV. -wvu Attachment `A' Legal Description for Maintenance Easement THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 °55'39" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 956.68 FEET TO THE INTERSECTION WITH THE CENTERLINE OF WEST MAIN STREET AT HIGHWAY STATION 0+72.96 P.C, ACCORDING TO THE HIGHWAY PLANS FOR STATE ROUTE 167 APPROVED OCTOBER 23, 1969 AND RECORDED WITH THE ICING COUNTY RECORDER'S OFFICE UNDER RECORDING NUMBER 7311280308; THENCE CONTINUING NORTH 89 °55'39" WEST, ALONG SAID'CENTERLINE OF WEST MAIN STREET A DISTANCE OF 12.47 FEET TO THE INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF WEST VALLEY HIGHWAY, STATE ROUTE NO 181, ACCORDING TO TIES SURVEY FILED UNDER RECORDER'S NUMBER 8101279002; THENCE SOUTH 12 °54'54" WEST ALONG SAID EAST RIGHT -OF -WAY LINE OF STATE ROUTS NO. 181, A DISTANCE OF 6154 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF REALIGNED WESTMAIN STREET` AND THE POINT OF BEGINNING OF THIS PARCEL DESCRIPTION; THENC13 SOUTH 89- 55.39" EAST ALONG SAID SOUTH RIGHT OF -WAY LINE, BEING ALINE PARALLEL LEL WITH AND LYING 60 FEET RIGHT OF SAID REALIGNED WEST. MAIN STREET, A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A CURVE TO T13E LEFT HAVING A RADIUS OF 2920.00 FEET; THENCE EASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL .ANGLE OF 06 °33'06 ", AN ARC DISTANCE OF 333.90 FEET TO A POINT 60 FEET RIGHT OF HIGHWAY STATION 4 +00, REALIGNED WEST MAIN STREET; THENCE SOUTH 40.31'23 "EA6T A DISTANCE OF 84,03 FEET TO A POINT 130 FEET RIGHT OF HIGHWAY STATION 4 +40, REALIGNED WEST MAIN STREET; TIi xm SOUTH 49 °52'56" WEST A DISTANCE OF 9.95 FEET, THENCE NORTH 40 °36'2$" WEST A DISTANCE OF 37.41 FEET; THENCE SOUTH 31 °09'49" WEST A DISTANCE OF 77.64 FEET; THENCE SOUTH 02°26'35" WEST A DISTANCE OF 213.37 FEET; THENCE SOUTH 24- 39'14" WEST A DISTANCE OF 107.86 FEET TO A POINT ON THE NORTH LINE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8109100300; THENCE NORTH 85 040'28" WEST ALONG SAID EASEMENT A DISTANCE OF 74.49 FEET; THENCE SOUTH 04 019'32" WEST A DISTANCE OF 50.98 FEET; THENCE SOUTH 88 °41'26" WEST A DISTANCE OF 148.69 FEET; THENCE NORTH 64 °14740" WEST A DISTANCE OF 99.75 FEET; THENCE NORTH 14029'40" WEST A DISTANCE OF 30,55 FEET TO THE NORTH LINE OF THE HEREINBEFORE ME quoNED SANITARY SEWER EASEMENT; THENCE NORTH 85 °40'56" WEST ALONG SAID EASEMENT A DISTANCE OF 65.25 FEET TO THE EAST RIGHT -OF- -WAY LINE OF WEST VALLEY HIGHWAY, BEING A POINT ON A CURVE TO THE LEFT, THE CENTER POINT OF W141CH BEARS NORTH 71 °04'01 "WEST A DISTANCE OF 2895.00 FEET; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A.CENTRAL ANGLE OF 06 001'05" AN ARC DISTANCE OF 304.08 FEET; THENCE CONTINUING NORTH 12.54.54" EAST ALONG SAID EAST RIGHT- OF- WAYLTNE, A DISTANCE OF 81.47 FEET TO THE POINT OF BEGI NNING, ZWP%FAWER 16r 200 CONTAINING 3.803 ACRES, MORE OR LESS Attachment'A' Goedecke North — Construction / Maintenance Easement Page 1 of 2 } 7 - # K / � \ 7 \ a. 9« .\ »\ 2{� {$/ #a/ ■/ {` 7 � }( +\ § , _ y4 & \ _.� z g ® 41� § § J § \ k �§ k ( d o1 E® ._ ! } 7 - # K / )>, ?g \ \ ) »\ 2{� {$/ #a/ wvawwvwawwt't Attachment `B' Legal Description for King County Mitigation Tract GOEDECKE NORTH LEGAL DESCRIPTION (South277th Street West Leg Phase 2 Mitigation Tract) That portion of the Southeast Quarter of Section 14, Township 21 North, Range 4 East, W.M., described as follows: Commencing at the Northeast corner of said Southeast Quarter; thence North 89 °55'39" West along the north line of said Southeast Quarter for a distance of 956.68 feet to the intersection with the Centerline of West Main Street at Station 0+72.96 P.C., according to the highway plans for State Route 167 approved October 23, 1969 and recorded with the King County Recorder's Office under recording number 7311280308; thence continuing North 89 055'39" West along said Centerline of West Main Street a distance of 12.47 feet to the intersection with the East Right -of -Way line of West Valley Highway, State Route No. I81, according to the survey filed under recorder's number 8101279002; thence South 12 154'54" West along said East Right-of- Way line of State Route No. 181 for a distance of 139.57 feet; thence South 77 °05'06" East for a distance of 147.11 feet to the True Point of Beginning, thence North 00 100'00" East for a distance of 34.34 feet; thence North 23°24'02" But for a distance of 78.06 feet; thence North 87000109" East for a distance of 187 71 feet; thence South 40°31'23" East for a distance of 31.09 feet; thence North 83041'25" East for a distance of 22.98 feet; thence South 31 °09'51" West for a distance of 88:18 feet; thence South 02°26'35" West for a distance of 213.37 feet; thence South 24039'14" West for a distance of 107.86 feet to a point on the north line of a 20 foot wide sanitary sewer easement, as recorded under King County Recording Number 8109100300; thence North 85040'28" West along said easement line for a distance of 5.34 feet; thence North 66027'58" West for a distance of 88.13 feet; thence South 76015'31" West for a distance of 93.49 feet returning to the north line of the hereinbefore described sanitary sewer easement; thence North 85040'28" West along said easement line for a distance of 36.15 feet; thence North 61007108" West for a distance of 69.40 feet; thence North 57044149" West for a distance of 35.23 feet; thence North 05025'14" East for a distance of 41.14 feet; thence North 37003'32 East for a distance of 228.80 feet to the True Point of Beginning. jr ' A .. Containing 103,605 square feet, or 2.378 acres q10403 Attachment B' Ooedecke North— Construction /Maintenance Easement Page 1 of 2 I r_ r vs ssr u 3!i Z M' \ ���� f� 8 90 b9 00 0d b U ro is lip llp 7r MN �0b � . L!g e`t if 4+149_ m 41 C0 s M,Sf,9 Z0S 9e� 6�tS fir' Ul psn 0Q0 At; u5 z CD Qg W°p 0 +72.86 PC + PO t, , t Pa S LVVVWLYVVVYVV'.V IL N w _ O ON @Wp ,a °o _ rn I ,y. Attachment `C' Legal Description for Right of Entry and Access LEGAL DESCRIPTION (S.277THST. West Leg Ph. 2 ACCESS ROAD EASEMENT) THAT PORTION OF THE SOUTHEAST.QUARTER OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 055'39" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 956.68 FEET TO THE INTERSECTION WITH THE EAST RIGHT-0F -WAY LINE OF WEST VALLEY HIGHWAY, STATE ROUTE NO 181', ACCORDING TO THE SURVEYFILED UNDER RECORDER'S NUMBER 8101279002; THENCE SOUTH 12 °54'54 WEST ALONG SAID EAST RIGHT -OF -WAX LINE OF STATE ROUTE NO. 181, A DISTANCE OF 143.01 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2895.00 FEET; 'THENCE SOUTHERLY ALONG SAID CURVE TO -THE RIGHT THROUGH A CENTRAL ANGLE OF 06 °01'05 ", AN ARC DISTANCE OF 304.08 FEET TO THE INTERSECTION WITH THE NORTH LINE OF A 20 -FOOT WIDE SANITARY SEWER EASEMENT, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 5109100300; THENCE SOUTH 85 °40'56" EAST ALONG SAID NORTH EASEMENT LINE A DISTANCE OF 65.25 FEET; THENCE SOUTH 14°29'40" EAST A DISTANCE OF. 30.55 FEET; THENCE SOUTH 64 °14'40" EAST A DISTANCE OF 6.21 FEET TO THE POINT OF BEGINNING OF THIS PARCEL DESCRIPTION; THENCE CONTINUING SOUTH 64 °14'40" EAST A DISTANCE OF 32.32 FEET, THENCE SOUTH 37 002'58" WEST A DISTANCE OF 5.69 FEET, THENCE SOUTH 12 003'29" EAST A DISTANCE OF 176.67 FEET; THENCE SOUTH 74°33'58' WEST A DISTANCE OP 121.09 FEET, THENCE SOUTH 64 033'35" WEST A DISTANCE OF 95.91 FEET; THENCE NORTH 73 °55'04" WEST A DISTANCE OF 34.71 FEET TO THE EASTERLY BOUNDARY OF A TRACT OF LAND CONVEYED TO THE CITY OF AUBURN UNDER RECORDING NO. 9303080455; THENCE NORTH 16 °39'06" EAST ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 40.03 FEET; THENCE SOUTH 73 °55'04" EAST A DISTANCE OF 27.92 FEET, THENCE NORTH 63 °42'05" EAST A DISTANCE OF 131.93 FEET; THENCE NORTH 19 °31'37" EAST A DISTANCE OF 63.94 FEET; THENCE NORTH 08 023'02" WEST A DISTANCE OF 80.02 FEET; THENCE NORTH 16 °19'42" EAST A DISTANCE OF 27.81 FEET TO THE POINT OF BEGINNING. CONTAINING 0.367 ACRES, MORE OR LESS Attachment 'C' Goedecke North — Construction / Maintenance Easement Page I of 2 gI w � o a� a � 0 z F F 6 z Q I. 163 I I 200603240.00883_014 <� E t °� g'E • � 176.8'! $ m 1y.� 0.02 1 1 W u1� 3,90,6E e�N f � N ! 70n W a )161 Return Address. City of Auburn City Clerk 25 West Main Auburn, WA 98001 -bi 1b T1 IN 1111 111 100,1360 Above this line reserved for recording information. BILL OF SALE FAC12 -0005 Reference # (if applicable) Grantor /Borrower N/A SFGVI Properties, LLC Grantee /Assignee /Beneficiary City of Auburn Legal Description/STR. S'' /, S14— T21N —R5E Assessor's Tax Parcel ID # 926280 -0325 KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS ($10 00), and for the consideration of incorporating the Extension into the City system, and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor SFGVI Properties, LLC does by these presents hereby convey, setover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation of the State of Washington, 4,024 LF of 8" diameter sanitary sewer (of which 1,328 LF is PVC SDR -35 and 2,696 LF is HDPE) and all appurtenances or any other associated public facility as shown on the public facility extension plans referred to as FAC12 -0005, the Stipp's Meadow Off Site Sewer development. Situated within the following described real property, located in King County- See EXHIBIT `A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF and the said Grantor hereby warrants that it is the sole owner of all the property above conveyed; that it has full power to convey the same and that it will defend the title of the said Grantee against any and all persons lawfully making claim thereto, and indemnify the City of Auburn for any costs, including Attorney fees in defending title. *7 [ I6ETi'Y F'OR V.4MPi Y AND / thi A iirY7i'A.85IN -ED BYF<4WAM9= l'd Bill of Sale Page 1 of IdN WITNESS WHEREOF the Grantor has executed these presents this OZ— day of LV�Aw. 2013 V "14-i t_ a s l/V(t -W1AP�e/L Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that hrea g. 6ydaYkAv 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 r3e.Y Of tea._ Me...�e_.r Of SFfi�I\ Pwet_ l..lt- a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated )_- 2 \ -2.0 1111111! E A. J h %,OTA,P` 4fp 5 14 629- 15.,�' t� _ WAS HSAlb File- # 1333 Bill of Sale Page 2 of 3 Notary Public in and for the State of Washington Residing at Pa� W A My appointment expires 6 -2a- \S Bill of Sale Page 3 of 3 EXHIBIT `A' TRACT 59, WEST AUBURN FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 12 IN KING COUNTY, WASHINGTON