HomeMy WebLinkAbout5677RESOLUTION NO.5677
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A RESTRICTIVE REAL PROPERTY COVENANT
ON A PORTION OF CITY -OWNED PROPERTY, KING
COUNTY PARCEL NUMBER 1321049005.
WHEREAS, the City owns King County parcel number 1321049005, consisting of
undeveloped real property comprised of existing wetlands, ("City Property"); and
WHEREAS, Acquisition 44, L.L.C. ("Acquisition 44") owns a separate property in Auburn
at 1201 C St. NW. Acquisition 44 is currently considering an industrial expansion project on this
property. Accordingly, the City, the U.S. Army Corps of Engineers ("USACE"), the State of
Washington Department of Ecology ("Ecology") require Acquisition 44 to mitigate for the filling
and elimination of wetlands resulting from this expansion; and
WHEREAS, to fulfill its federal, state and local wetland mitigation obligation, Acquisition
44 intends to purchase property located adjacent to the City Property ("Mitigation Property"), upon
which it will make mitigating wetland and stream enhancements (`Enhancements"); and
WHEREAS, the 2021 Interagency Guidance document by the USACE and Ecology
requires a perimeter buffer to those Enhancements restricting certain development and use; and
WHEREAS, In order to fulfill all of its mitigation requirements, Acquisition 44 needs to
locate additional real property in excess of the Mitigation Property; and conserve this for perimeter
buffer purposes; and
WHEREAS, Acquisition 44 intends to compensate the City $16,900 in return for the City
recording the restrictive covenant attached to this Resolution as Exhibit A ("Covenant") against a
75-foot wide portion of the City Property adjacent to the Mitigation Property to fulfill the perimeter
buffer requirement; and
Resolution No. 5677
8/5/2022
Page 1 of 2
Rev. 2020
WHEREAS, the Covenant's restrictions do not prohibit the City from enjoying the property
in its current condition, making natural enhancements or utilizing the City Property for any future
mitigation enhancements it may allow or desire on its own behalf,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute a restrictive covenant substantially in
the form and for that portion of the City Property described in "Exhibit A" attached.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: August 15, 2022
ATTEST:
c
Shawn Campbell, MMC, Ci Clerk
Resolution No. 5677
8/5/2022
Page 2 of 2
CITY OF AUBURN
ONd
ANC B CKUS, MAYOR
APPROVED AS TO FORM:
16 M44k, wv�a.r,�,«.
Kendra Comeau, City Attorney
Rev. 2020
When Recorded Mail To:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
DECLARATION OF LAND USE RESTRICTION
AND REAL PROPERTY COVENANT
This Declaration of Land Use Restriction and Real Property Covenant (the "real property
covenant") is made this day of , 2022, by the City of Auburn, a
Washington municipal corporation organized under Title 35A, RCW ("Declarant"), for the benefit
of the State of Washington Department of Ecology ("DOE"), the United States Army Corps of
Engineers ("Corps") and Acquisition 44, L.L.C., a Washington limited liability company
("Acquisition 44;" and, together with DOE and Corp, the "Beneficiaries").
WHEREAS, the Declarant makes the following recitals:
A. Declarant is the sole owner in fee simple of real property located in King County,
Washington, identified by King County Assessor Tax Parcel ID# 132104-9005, and legally
described in Exhibit A-1 to this real property covenant (the "Property"). A map of the Property
is attached to and made part of this real property covenant, as Exhibit A-2.
B. A portion of the Property possesses natural, open space, ecological, and recreational
values that are of great importance to Declarant and the Beneficiaries. This portion of the
Property is legally described in Exhibit B-1 of this real property covenant, and depicted in
Exhibit B-2 of this real property covenant. This portion of the Property is referred to herein as
the "Restricted Area," and the important values referenced above are referred to herein as the
Restricted Area's "Conservation Values."
C. Acquisition 44 is the owner in fee simple of real property located in King County,
Washington, identified by King County Assessor Tax Parcel ID# 1421049015, 1421049016 and
1421049070, and legally described in Exhibit C to this real property covenant (the "Adjoining
Property"). The Adjoining Property abuts the Restricted Area as shown on Exhibit B-2 attached
hereto. The Adjoining Property is being preserved by Acquisition 44 as a wetland and
conservation area and this real estate covenant is intended to support the conservation values on
the Adjoining Property.
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D. The Declarant desires to create a real property covenant over the Restricted Area for the
benefit of the Beneficiaries.
NOW, THEREFORE, in consideration of the above and the covenants, terms, conditions
and restrictions contained herein, Declarant, does hereby establish a real property covenant on
the Property's Restricted Area as follows:
1. Declaration of Real Property Covenant
Declarant voluntarily establishes this real property covenant in perpetuity over the Restricted
Area on the terms and conditions set forth herein exclusively for the purpose of conserving the
Restricted Area's Conservation Values.
2. Purpose
It is the purpose of this real property covenant to ensure that the Restricted Area will be retained
forever in a natural, open space and scenic condition and to prevent any use of the Property that
will impair or interfere with the Restricted Area's Conservation Values. Declarant and the
Beneficiaries intend that this real property covenant will confine the use of the Restricted Area to
such activities as are consistent with the purpose of this real property covenant.
3. Rights of the Beneficiaries
To accomplish the purpose of this real property covenant the following rights may be exercised
by the Beneficiaries:
(a) To preserve and protect the Conservation Values of the Restricted Area;
(b) To enter upon the Restricted Area at reasonable times in order to monitor
Declarant's compliance with and otherwise enforce the terms of this real property covenant in
accordance with Section 9; provided that, except in cases where the Beneficiaries determine that
immediate entry is required to prevent, terminate, or mitigate a violation of this real property
covenant, such entry shall be upon prior reasonable notice to Declarant;
(c) To conduct, with reasonable prior notice to Declarant, survey, site preparation,
removal of invasive non-native riparian vegetation, installation of native plants, and other
activities associated with wetland mitigation. Nothing herein shall be deemed to imply any
obligation of the Beneficiaries to perform such restoration activities; and
(d) To prevent any activity on or use of the Restricted Area that is inconsistent with
the purpose of this real property covenant and to require the restoration of such areas or features
of the Restricted Area that may be damaged by any inconsistent activity or use, pursuant to the
remedies set forth in Section 9.
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4. Prohibited Uses
Any activity within or use of the Restricted Area that is inconsistent with the purpose of this real
property covenant is prohibited. Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited, except as permitted in Sections 3 and 5:
(a) Construction and Improvements. The placement or construction of any buildings,
structures, or other improvements of any kind, including, without limitation, utilities, septic
systems, communication lines, communication towers, storage tanks and pipelines.
(b) Paving and Road and Trail Construction. The paving or covering of any portion
of the Restricted Area with concrete, asphalt, gravel, crushed rock, wood shavings or any other
paving or surfacing material or the construction of a road or trail.
(c) Commercial Development. Any commercial or industrial use or activity within
the Restricted Area, including, but not limited to, commercial recreational activities involving
active recreation.
(d) Agricultural Activities. Any domestic animal grazing or agricultural activities of
any kind; and application of biocides except when determined by the Beneficiaries to be
necessary for the eradication of invasive non-native plant species and such application is by the
narrowest spectrum, least persistent material appropriate for the target species.
(e) Introduced Vegetation. The planting or introduction of non-native species of
plants.
(f) Waste Disposal. The disposal, storage, or release of yard waste, hazardous
substances, rubbish, garbage, debris, unregistered vehicles, abandoned equipment, parts thereof,
or other unsightly or offensive waste or material within the Restricted Area. The term "release"
shall mean any release, generation, treatment disposal, storage, dumping, burying, abandonment,
or migration from off -site. The term "hazardous substances" as used in this real property
covenant shall mean any substances, materials, or wastes that are hazardous, toxic, dangerous,
harmful or are designed as, or contain components that are, or are designated as, hazardous,
toxic, dangerous, or harmful and/or which are subject to regulation as hazardous, toxic,
dangerous or harmful or as a pollutant by any federal, state, or local law, regulation, statute, or
ordinance, including, but not limited to, petroleum or any petroleum product.
(g) Active Recreation. Conducting or allowing activities, such as golf courses, ball
fields, motocross, equestrian, campgrounds or any other activity involving individuals or the
public or private clubs or associations engaging in organized active recreation.
(h) Hunting. Conducting or allowing hunting activities, including construction of
blinds, camping areas, access trails, and any other hunting related activities.
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(i) Signs. The placement of commercial signs, billboards, or other commercial
advertising material within the Restricted Area, except in connection with the sale or lease of the
Property.
0) Mineral Development. The exploration for, or development and extraction of, any
minerals or hydrocarbons.
0) Vehicles. The operation of motorized vehicles except as part of any wetland
creation or maintenance activity.
Reserved Rights
Declarant reserves to itself and to its agents, successors and assigns, the right to any use of, or
activity within, the Restricted Area that is not inconsistent with the purpose of the real property
covenant and that is not prohibited herein. Without limiting the generality of the foregoing,
Declarant specifically reserves the following uses and activities:
(a) Maintenance, Monitoring and Emergencies. The right to undertake activities
necessary to maintain and monitor the Conservation Values and to public health, property
improvements, or human safety, or which are actively required by and subject to compulsion of
any governmental agency with authority to require such activity.
(b) Fences. Declarant shall have the right to install and maintain fences around the
Restricted Area. Beneficiaries agree not to remove or damage any such fences.
6. Responsibilities of Declarant Not Affected.
Other than as specified herein, this real property covenant is not intended to impose any legal or
other responsibility on the Declarant, or in any way to affect any existing obligation of the
Declarant as owner of the Restricted Area and Property. This shall apply to:
(a) Taxes. Declarant shall continue to be solely responsible for payment of all taxes
and assessments levied against the Restricted Area.
(b) Upkeep and Maintenance, Costs, Legal Requirements, and Liabilities. Declarant
retains all responsibilities and shall bear all costs and liabilities of any kind related to the
ownership, operation, upkeep, and maintenance of the Restricted Area. Declarant remains solely
responsible for obtaining any applicable governmental permits and approvals for any
construction or other activity or use permitted by this real property covenant and conducted by
Declarant, its agents or employees.
(c) Remediation. If, at any time, there occurs, or has occurred, a release in, on, or
about the Restricted Area of any hazardous substances, Declarant agrees to take all steps
necessary to assure its containment and remediation, including any cleanup that may be required.
Should Declarant become aware of the release of any hazardous substances within the Restricted
Area, Declarant shall make best efforts to inform the other of such release as soon as possible.
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(d) Control. Nothing in this real property covenant shall be construed as giving rise
to any right or ability in Beneficiaries to exercise physical or managerial control over the day-to-
day operations of the Restricted Area, or any of Declarant's activities on the Restricted Area, or
otherwise to become an operator with respect to the Restricted Area within the meaning of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
("CERCLA"), or the Model Toxics Control Act, as amended ("MTCA").
(e) Liability. Beneficiaries (except for the Corps) and Declarant, and their respective
employees, agents, invitees, and heirs hereby release and agree to indemnify, defend and hold
each other harmless from any injury, claim, damage, or loss suffered by Beneficiaries or
Declarant or their respective employees, agents, invitees, or heirs on, around or with regard to
the Restricted Area except to the extent of negligent or unlawful actions by the indemnified
party.
7. The Beneficiaries' Right to Restore the Restricted Area
In the event that any of the Conservation Values of the Restricted Area are impaired, the
Beneficiaries shall have the right, but not the obligation, to restore the impaired values within the
Restricted Area.
8. Access
No right of access by the general public to any portion of the Restricted Area is created by this
real property covenant.
9. Enforcement
The Beneficiaries shall have the right to prevent and correct violations of the terms of this real
property covenant as set forth below.
(a) Notice of Failure. If the Beneficiaries determine that the Declarant is in violation
of the terms of this real property covenant or that a violation is threatened, the Beneficiaries shall
give 30 days' written notice to Declarant of such violation and demand corrective action
sufficient to cure the violation and, where the violation involves injury to the Restricted Area
resulting from any use or activity inconsistent with the purpose of this real property covenant, to
restore the portion of the Restricted Area so injured to its prior condition in accordance with a
plan approved by the Beneficiaries.
(b) Declarant's Failure to Respond. In addition to the rights granted in Section 3,
including the right of entry, the Beneficiary may bring an action as provided for in Section 9(c)
below if Declarant fails to: (i) cure the violation within thirty (30) days after receipt of notice
thereof from the Beneficiary; (ii) begin curing such violation within the thirty (30) day period
under circumstances where the violation cannot reasonably be cured within the thirty (30) day
period; or (iii) continue diligently to cure such violation until finally cured.
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(c) The Beneficiaries' Action. The Beneficiaries may bring action at law or in equity
in a court of competent jurisdiction to enforce the terms of this real property covenant, to enjoin
the violation, ex parte as necessary and as allowed under the applicable civil rules, by temporary
or permanent injunction, to recover any damages to which it may be entitled for violation of the
terms of this real property covenant or injury to any of the Conservation Values protected by this
real property covenant, including damages for the loss of the Conservation Values; and to require
the restoration of the Property to the condition that existed prior to any such injury. Without
limiting Declarant's liability therefore, the Beneficiaries, in their sole and absolute discretion,
may apply any damages recovered to the cost of undertaking any corrective action on the
Property. All such actions for injunctive relief may be taken without the Beneficiaries being
required to post bond or provide other security.
(d) Immediate Action Required. If the Beneficiaries, in their sole and absolute
discretion, determine that circumstances require immediate action to prevent or mitigate
significant damage to the Conservation Values of the Restricted Area, the Beneficiaries may
pursue remedies under this Section 9 without prior notice to Declarant or without waiting for the
period provided for cure to expire.
(e) Nature of Remedy. The rights under this Section 9 apply equally in the event of
either actual or threatened violations of the terms of this real property covenant. Declarant
agrees that Beneficiaries may be entitled to injunctive relief in a Section 9(c) action, in addition
to such other relief to which Beneficiaries may be entitled.
(f) Costs of Enforcement. Provided the Beneficiaries first provide Declarant with a
Notice of Failure and Declarant fails to respond in accordance with Section 9(b), all reasonable
costs incurred by the Beneficiaries in enforcing the terms of this real property covenant against
Declarant, including, without limitation, costs and expenses of suit and reasonable attorney's
fees and reasonable consultant's fees, and any costs of restoration necessitated by Declarant's
violation of the terms of this real property covenant shall be borne by Declarant. The
substantially prevailing party in a judicial enforcement action regarding this real property
covenant shall be entitled to reimbursement of all reasonably incurred attorney's fees and
litigation expenses.
(g) The Beneficiaries' Discretion. Any forbearance by the Beneficiaries to exercise
rights under this real property covenant in the event of any violation of any terms of this real
property covenant shall not be deemed or construed to be a waiver of such term or of any rights
under this real property covenant. No delay or omission by the Beneficiaries in the exercise of
any right or remedy shall impair such right or remedy or be construed as a waiver.
(h) Acts Beyond Declarant's Control. Nothing contained in this real property
covenant shall be construed to entitle the Beneficiaries to bring any action against Declarant to
abate, correct, or restore any condition on the Property or to recover damages for any injury to or
change in the Restricted Area resulting from natural or human -made causes beyond Declarant's
control, including, without limitation, fire, flood, storm, and earth movement, nor shall Declarant
be required to take steps to abate or mitigate injury to the Restricted Area resulting from such
causes.
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10. Alternate Dispute Resolution
If a dispute arises between the parties concerning the consistency of any proposed use or activity
with this real property covenant, the parties shall attempt to resolve the dispute through informal
discussion. The parties may also agree to refer the dispute to mediation and shall select a single
mediator to hear the matter. Each party shall bear its own costs, including attorney's fees, if
mediation is pursued under this Section 10. The parties shall share equally the fees and expenses
of the mediator.
11. Notice and Approval
(a) Notice. Whenever notice is required under this real property covenant, the party
required to give notice ("Notifying Party") shall give required written notice in accordance with
Section 17 prior to the date the Notifying Party intends to undertake the use or activity in
question. The notice shall describe the nature, scope, design, location, timetable, and any other
material aspect of the proposed activity in sufficient detail to permit the other party to make an
informed judgment as to its consistency with the purpose and terms of this real property
covenant.
(b) Evaluation of Proposed Activities. The purpose of requiring the Notifying Party
to notify the other party prior to undertaking certain permitted uses and activities is to afford the
other party an opportunity to ensure that the use or activity in question is designed and carried
out in a manner consistent with the purpose and terms of this real property covenant.
12. Notice of Transfer of Property by Declarant and Successor and Assigns
Anytime the Property itself, or any interest in it is transferred, or a legal claim is voluntarily
established by the Declarant to a third party, the Declarant, its successors and assigns, shall
notify the Beneficiariers in writing at least 60 days in advance of such action and the document
of conveyance, transfer or establishment shall expressly refer to this real property covenant.
13. Termination of Real Property Covenant
(a) Frustration of Purpose. This real property covenant may only be terminated with
the concurrence of the Beneficiaries in the event the purpose of this covenant can no longer be
fulfilled due to circumstances beyond the Declarant's control (which shall not include
Declarant's failure to enforce the terms of this restrictive covenant).
(b) Economic Value. The fact that the Restricted Area could become greatly more
economically valuable if it were used in a manner that is either expressly prohibited by this real
property covenant or inconsistent with the purpose of this real property covenant, or that portions
of the Property and/or neighboring properties could in the future be put entirely to uses that
would not be permitted hereunder, has been considered by the Declarant in granting this real
property covenant. It is the intent of both Declarant and the Beneficiaries that any such change
in the economic value of the Restricted Area from other use shall not be assumed to be
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circumstances justifying the termination or extinguishment of this real property covenant
pursuant to this section.
14. Modification
This real property covenant may be amended only with the concurrence of the Beneficiaries,
provided that any such amendment shall be consistent with the purpose of the real property
covenant and shall not affect its perpetual duration. All amendments shall be in writing,
approved by the Beneficiaries and recorded in the King County Recorder's Office.
15. Interpretation
This real property covenant shall be interpreted under the laws of Washington, resolving any
ambiguities and questions of the validity of specific provisions so as to give maximum effect to
its conservation purposes.
16. Perpetual Duration
This real property covenant shall be a binding servitude running with the land in perpetuity.
17. Notices
Any notices required by this real property covenant shall be in writing and shall be personally
delivered or sent by first class mail to the Declarant, at the following address, unless the
Beneficiaries have been notified of a change of address.
To Declarant:
City of Auburn — City Attorney's Office
25 West Main
Auburn, WA 98001
18. Severability
If any provision of this real property covenant is found to be invalid, illegal or unenforceable,
that finding shall not affect the validity, legality or enforceability of the remaining provisions.
19. Entire Agreement
This instrument sets forth the entire agreement of the parties with respect to the terms of this
Agreement and supersedes all prior discussions, negotiations, understandings, or agreements
relating to the terms of this Agreement, all of which merge herein.
20. Covenant; Successors.
This real property covenant shall be a covenant burdening the Restricted Area and benefiting the
Adjoining Property and the Beneficiaries and shall run with the land. The rights and obligations
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set forth in this real property covenant shall be binding upon and shall benefit the parties, their
successors and assigns.
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IN WITNESS WHEREOF, the Declarant has set its hands on the date first written above.
Declarant:
City of Auburn, a municipal corporation
By: —
Name:
Title:
STATE OF WASHINGTON
ss
County of
On this day of , 2022, before me the undersigned, a Notary
Public for the State of Washington, personally appeared
who stated on oath that he is and authorized to execute the
within instrument on behalf of said company and acknowledged said instrument as the free and
voluntary act of the company for the uses and purposes mentioned therein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
Notary Public for the State of Washington
Residing at
My Commission expires:
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Page llofl7
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EXHIBIT A-2
Depiction of Declarant's Property
EXHIBIT A-2
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THAT PORT[ON OF THE SOLIT14NEST OUARTER OF THE NORTHWEST CKIARTER OF SECTION 13,
TOYMSHP 21 NORTH, RANGE 4 EAST. WM.. KING COUNTY. WASHINGTON, MORE CULARLY
DESCRIBED AS # OA
4' # . 4 79
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EXHIBIT B-2
LINE TABLE
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Depiction of Restricted Area
EXHIBIT B-2
6 34
SECTION 13
owe
75 0'44V
NV UWTS OF AREA
CONVEYED TO STATE
OF WASHWUN
AFN 6662E445
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F°QIM7 OF
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POINT Of COMMENCEMENT
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LLC 120095
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UNTO a rm"! ll*j s: e r -
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COMMENCING AT THE SCSI TFIEA ST CORNER OF THE tJO T ,S`T QUARTER OF SAID SECTION 14;
THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 3D FEET, MORE OR LESS,
TO AN INTE SECTIOIN WITH THE NORTH MARGINAL LAVE Of THE KNICKERBOCKER COUNTY ROAD AS
TRUE POINT OF BEGINNING;
THENCE NORTH ALONG SAID EAST LINE OF SAID ACTION 14, A DISTANCE OF 663-06 FEET;
THENCE WESTERLY ON A LINE PARALLEL VA-TH THE SCE LINE OF SAID NORTHEAST QUARTER OF
SAID SECTION 14, A DISTANCE OF 8W.7D FEET, MORE OR LESS, TO THE EASTERLY MARGIN LINE OF
STATE H-*IWAY NO. I ,
THENCE SOUTHERLY ALONG THE EASTERLY MARGINAL LINE OF SAID STATE HIGHWAY A DISTANCE OF
_ 6 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY
HENRIETTA M. RAL.LIDAY TO WILLIAM M. GALLAGHER BY DEED DATED MARCH 18, 19217 AND RECORDED
IN VOLUME 1106 OF DEEDS, PAGE 90, IN FMG COUNTY, WASHINGTON,WHICH SAID NORTHWEST
CORNER IS 100 FEET NORTHERLY FROM THE POINT OF INTERSECTION OF SAID EASTERLY MARGINAL
LINE OF SAID STATE HIGFIWAY WITH THE NORTHERLY MARUNAL LIME OF SND COUNTY ROAD,
THENCE EASTERLY ON A LINE; PARALLEL WITH SAID NORTHERLY MARGINAL LIME OF SAID COUNTY
ROAM, A DISTANG-E OF 50 FEET,
THENCE SOUTHERLY ON A4 LINE PARALLEL WITH SAID EASTERLY MARGINAL LINE OF SAID STATE
HIGHWAY A DISTAL OF l[M FEET TO SAID NCB MARGINAL LINE OF SAID COUNTY ROAD;
THENCE EASTERLY ALONG SAID NORTHERLY MARC-ANAL LINE OF SAID CONY ROAD, A DISTANCE OF
913 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
E}KCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHIN+GTOtN FOR HIGHWAY
PURPOSES BY DEED RECORDED UNDER RECORD114G NO. I66284&
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ALL. THAT PORTION OF II-E EAST HALF OF THE NIORTHEAST QUARTER OF SECTION 14, TOWNSHIP21
NORTH, RANGE 4 EAST, W-M., IN KING COUNTY, WASHINIGTOhN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 14;
THENCE WEST ALONG SAID SECTION LINE A DISTANCE OF 84.75 FEET TO THE EAST MARGIN OF STATE
ROAD N. ;
THEM SOUTHWESTERLY ALONG THE EAST Mi GIN OF SAID ROAD A DISTANCE OF 745 FEET, ICE
OR LESS, TO A POINT WHERE THE SOUTH BOUNDARY LINE OF TRACT CONVEYED BY JOHN CA&AN AND
LUCILLE GERTRUDE TO JERRY W. CASAI4N AND JO AN N MAE CAI3A+N BY DEED DATED LDECEMBER 3, 1g33,
RECORDED CINDER RECORDING NO. W74242, INTERSECTS SAID STATE ROAD NO. ',
THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTH BOUNDARY LIME CE SAID TRACT DESCRIBED IN
SAID DEED DATED DECEMBER 3,190,240 FEET MORE OR LESS, TO SOUTHERLY CORDER OF SAID
JERRY W. CABAN TRACT AND THE TRUE POINT OF BEGINNING;
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SOUTHTHENCE SOUTH ALONG THE EAST UNE PROJECTED SCUTH A DISTANCE OF 20-CO FEET;
THENCE 1 FEET, MORETO THE EASTERLYOF
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EXHIBIT C-2
Depiction Of Adioining Property
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