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HomeMy WebLinkAbout20250723000737 Land Use Restriction and Real Property Covenant Instrument Number: 20250723000737 Document:COV Rec: 5322.50 Page-1 of 20 Record Date:7/23/2025 3:16 PM 7 0 Electroniczllc Recorded King County,WA N'+ 13-2i - 1 AFTER RECORDING MAIL TO: Name First American Title Insurance Co Address 920 Fifth Ave Suite 1200 City/State Seattle,WA 98104 Document Title(s): 1. Declaration of Land Use Restriction and Real Property Covenant **RE-RECORDING TO CORRECT APN: REMOVE APN 122104-9016, 142104-9070, 1421049016& 1421049015 AND ADD 132104-9005** Reference Number(s)of Documents Assigned or released: 20230703000627 FIRST AM Granter(s): NCS-1026969 1. City of Auburn 2. [ ] Additional information on page of document Grantee(s): 1. State of Washington Department of Ecology 2. The United States Army Corps of Engineers 3. Acquisition 44, L.L.C. [ ] Additional information on page of document Abbreviated Legal Description: Ptn Sec 14 Twp 21N Rge 4E, NE Qtr Tax Parcel Number(s): 132104-9005 [X ] Complete legal description is on page Exhibits A-1 and 8-1 of document RECORDED ELECTRON! LY ID:a2 U. : Date:912-61 Z4.- _Time: . simplifile.com 800.460.5657 AFTER RECORDING MAIL TO: Name First American Title Insurance Co Address 920 Fifth Ave Suite 1200 City/State Seattle, WA 98104 Document Title(s): 1. Declaration of Land Use Restriction and Real Property Covenant **RE-RECORDING TO CORRECT APN: REMOVE APN 122104-9016, 142104-9070, 1421049016 & 1421049015 AND ADD 132104-9005** Reference Number(s) of Documents Assigned or released: 20230703000627 Grantor(s): 1. City of Auburn 2. [ ] Additional information on page of document Grantee(s): 1. State of Washington Department of Ecology 2. The United States Army Corps of Engineers 3. Acquisition 44, L.L.C. [ ] Additional information on page of document Abbreviated Legal Description: Ptn Sec 14 Twp 21N Rge 4E, NE Qtr Tax Parcel Number(s): 132104-9005 [ X ] Complete legal description is on page Exhibits A-1 and B-1 of document Instrument Number: 20230703000627 Documcnt:COV Rec: S220.50 Page-I of 18 Record Date:7/3/2023 12:33 PM King County,WA • AFTER RECORDING MAIL TO: Name City of Auburn City Clerk Address 25 West Main City/State Auburn, WA 98001 Document Title(s): 1. Declaration of Land Use Restriction and Real Prope • Covenant Reference Number(s) of Documents Assigned • released: • n/a Grantor(s): 1ST AM 1. City of Auburn �f 2. I� � l(�t)/`�ul [ ] Additional information on •-ge of document Grantee(s): 1. State of Washington Dep. ment of Ecology 2. The United States Army orps of Engineers 3. Acquisition 44, L.L.C. [ ] Additional info ation on page of document Abbreviated Le• -I Description: Ptn City of Aubu- SP No. SP-8-79, Rec. 7904190888 Ptn Sec 14 Tw. 21N Rge 4E, NE Qtr Tax Parc: Number(s): • 122104-•+16; 1421049015, 1421049016 and 1421049070 [X ] Complete legal description is on page Exhibit A of document Instrument Number: 20230703000627 Document:COV Rec: $220.50 Page-2 of 18 Record Date:7/3/2023 12:33 PM King County,WA 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 (.1i day of 'fit✓ , 2023, 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. Page l of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-3 of 18 Record Date:7/3/2023 12:33 PM King County,WA 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. Page 2 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: 8220.50 Page-4 of 18 Record Date:7/3/2023 12:33 PM King Count3',WA 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. (0 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. Page 3 of 17 Version. 8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-5 of 18 Record Date:7/3/2023 12:33 PM King County,WA • • (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. (j) Mineral Development. The exploration for, or development and extraction of, any minerals or hydrocarbons. (j) Vehicles. The operation of motorized vehicles except as part of any wetland creation or maintenance activity. 5. 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. Page 4 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-6 of 18 Record Date:7/3/2023 12:33 PM King County,WA (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 he cured within the thirty (30)day period; or(iii)continue diligently to cure such violation until finally cured. Page 5 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec:$220.50 Page-7 of 18 Record Date:7/3/2023 12:33 PM King County,WA (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. Page 6 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-8 of 18 Record Date:7/3/2023 12:33 PM King County,WA 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 Page 7 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-9 of 18 Record Date:7/3/2023 12:33 PM King County,WA • 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 Page 8 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: $220.50 Page-10 of 18 Record Date:7/3/202312:33 PM King County,WA • • set forth in this real property covenant shall be binding upon and shall benefit the parties,their successors and assigns. • Page 9 of 17 Version:8.1 0.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-11 of 18 Record Date:7/3/21)23 12:33 PM King County,WA IN WITNESS WHEREOF,the Declarant has set its hands on the date first written above. Declarant: City of Auburn, a municipal corporation 14-c, • By: XCIIN•`. Name: N4�, Ith4k14 Title: Mdra STATE OF WASHINGTON ) ) ss County of_ �i/I ) On this evihday of 1)0e- , 2027, before me the undersigned,a Notary Public for the State of s iington_ ,personally appeared Weg.icti 13 c('LevS who stated on oath that is rrasorr $5# / Ubvrvi and aut orized 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. ,��, vzILOR Ill/ ( ; \ \ : lki V i I-- 5 Not ., Public for the tate of Washington 61-0 pue'... O=._ Residing at L6.g COZh77 i/ ''d iiii�1`5`\\cD ; My Commission expires: 5/3 //ll ,11rE O\ ` Page 10 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-12 of 18 Record Date:7/3/2023 12:33 PM King County,WA • • EXHIBIT A-I FG AL DESMIPTION OF DECLARANTS PROPERTY THE'ZEST HALF CETHE SOLIIMEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP221 NORTH RANGE4 EASEYLLYI.,DI KING COUNIIY,MASH I GTON; E)CC EPT T-PA.T PORTION THEREOF-CONIPEYED TD THE STATE OF WASI-U C* FOR'STATE ROAD .5 [WEST MAN S1 Itedcll j Imo'DEED RECORDED UNDER REC ORDNGa NUMBER 27 ; AND EXCEP u THAT PORTION T�it 3EC YEYED TO THE STATE OF'VkrASHII TON FOR SR-187 EY DEB RECORDED QD r NINEER.B544422. 40 'N2103=14 of- • Page 11 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-13 of 18 Record Date:7/3/2023 12:33 PM King County,WA • • EXHIBIT A-2 Depiction of Declarant's Property EXHIBIT A-2 N y3y.No S8B10•T3' [1] . ,01 E Pit SCALE 1'-260' 1 WM SWI14.MV14 / SECTION 13 Of IT 14% 0 gltk j44 f/ k if: 41 / h A. ' it 5 4!1 0 h41.04° �� i ' �Y W1 vE, 'pan, 319h1'90'E/101.40°t i!S *., . ti. h Q6•41'3J, �b' 4prt 101 ±' 1`2J'E IT: ....., v IV' Er 1 % 64-ert°401°)i..1 „ W MAIN STREET T / A• 216322/34 ,� 13 NID1E: DIMEMIONS SH04474 Wm '± ARE '4---------=-- ------.OV APPROXIM TE 1HE PARCEL SHOWN REIJES ON 8J1W2022 CALCULATIONS ONLY AND WAS NOT SURVEYED FOR THIS EASEMENT WORK SCALE: Fon 4419 MAWR MORIZONTAL. i'=zsm• 1 m : alp+ ORCHARD PARTNERS, LLC 20885 Baressuoin ACQUISITION 44 z 1.a01 91 Corrultlre Enalme ,Inc. TIN*: SHEET teg� al AtiefsrrsoW Man ..m.r„ DECLARANTS PROPERTY 1 of 1 t INN Ts I cxfCXE? Ea I VED—E2L— IDATL,E/9/70,7 J Page 12 of 17 Version:8.1 0.22 SF-4882966 Instrument Number:20230703000627 Document:COV Rec: $220.50 Page-14 of 18 Record Date:7/3/2023 12:33 PM King County,WA • EXHIBIT 1B-1 LEGAL DESCRIPTION OF RESTRICTED AREA THAT PORTION OF THE SOUTHhWESST'QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 21 MOR61Fy,RANCE4 EAST.dw111N1,6<NN COUNTY,WASH INO"&MORE PARTDOIVIARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SO LITHWEST CORNER OF SAID&MO IS ,BENGA2 t12INCH SURFACE BRASS DISC WITH PUNCH IN THE OIL DE SAC ON THE SAII H SIDE OFTi'i' d [MAIN STREET O'ilEIRPASS MARIONG THE WEST QIDAIRIIER CORNER OF SAO SECTION 1& THENCE NORTH marry 4T1 °EAST,ALONG THE IfilMT LINE OF SAID SL1'BDM51ON,FOR 28521 B 11.1it TO THE NORTHERLY LIMITS OF-T H I-AREA CONVEYED TO THE STATE OFINASIAINGTO&.ASREDDIRDEOill AUDITORS FILE NUMBER 5b RECORDS OF}KING COUNTY.Y.WAS;P DIGTON.ATM TIE FONT OF BEGSNNING: THENCE CONTINUING NORTH B1' EAST,ALONG SA OWES1f LINE FOR 1.05423 IFEETTOTI3E ,GENTERLINE OF A NM[FOOT'N6IDDEDi "d1 A EASEMENT.AS RECORDED UNDER AUDITORS FILE NUMBER MUM.. OF KIN ,COJJNI1Y,'INA+SHINGTOCit THENCE SOUTHBOP 1l 13'EASEALCNNGSADCOTERLIN FORMER-ttu TO A PONT THAT LIES ThO© FEET EAST OF SAD WEST LINE AS MEASURED Fib FEND ILY; Twata 2C Jfloit ICU WEST,,P WITH SAID WEST LINE,FIDE I L22 B2I}-emu TO T-EIE AFOREMENTIONEDIR .YIIMNSOFTHATAREAOONtVEYEDTOTHESTATEOFWASHIN TON, EEING THE NO3 ITHERLY MARGIN OF WEST MAIN S u ut u; THENCE SOUTH r fi " ALOI r SAIID NORTHERLY LIMITS,FOR 113 II MET; THENCE 5CWH2BF4 2 "'SST,ALONG SAID NORTHERLY UIMIIT B HI TO THE PONT OF mamma CONTAINING 1:e7 ACRES OR 77,M3 SQUARE}-EII.MORE CR LESS. tbox 1.1 14 NS 0 1' 2115322E14 LAND t l2 Page 13 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:CON' Rec: S220.50 Page-15 of 18 Record Date:7/3/2023 12:33 PM King County,WA • EXHIBIT B-2 Depiction of Restricted Area EXHIBIT B-2 N tig.°9 El go 40 t 50' DR UGE A 65528415 P SCALE 1'-280' / W1/2•Stv14,MY 1rd SECTION 13 LINE TABLE: 0 2 ��' UNE EP.hh'G OfST 02,00o/ � '' ``°1' L1 at1.14'�05'E 2�.21' I ,v �s P L2 S89`10"1 E 75,08' n L3 Spa 41'33•W 43.20' L4 529 51'271H 2$.23' • . a n im A EASE MEW ACRES477 EA �,� 75 z D• I I t77,223 S.F.) ta0�°�1� 0 4J_ N'LY UNITS OF A.AEA A7 T CONVEYED TO STATE OF 'WASHEGIZLN om/1 y PFN 6562645 1 . r ip,14 D.0 4 Qi , , ,. POINT OF '61p . J BEGINNING 1 A `,1�., y�Qnp ily�TE21 E T I �- --�� 5E r 6 `• _ JOINT OF COMMENCEMENT C4 21u322 t t4 (W 1/4 OF SEC, t3-21M-4q .ur FOUND 2 1/2 SURFACE BRASS DISC 'W/PUNCH IN CUL OE V.: tukT9 ON SOUTH SIZE CF W MN 1• 511E Ef OVERPASS. d. SCALP For. Jog NV,t9f,9 "OR1?arrat 1'= ' '""L N/A ORCHARD PARTNERS, LLC 20895 Blegtuum'ri ACQUISITION 44 249951..c101,400 oomultS+a Eileinesnigtne- T111a: stagy , n RESTRICTED AFIEA EASEMENT 1 oFA__ t IDRAWN T5 1c RDL iAMO __ !DATE',1/9/2022 Page 14 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: $220.50 Page-16 of 18 Record Date:7/3/2023 12:33 PM King County,WA EXHIBIT C-1 LEGAL DESCRIPTION OF ADJOINING PROPERTY PARCEL A: THAT PORTION CF THE SOUTHEAST QUARTER CF THE NORTHEAST QUARTER OF SECTION 14, • TOWNSHIP 21 NORTH,RANGE 4 EAST,44'.lid..,IN KING COUNTY'.WASHINGTON,BOUNDED AND DESCRIBED, AS FOLLOWS: COMMENCING AT THE SOUIIMEAST CORNER OF THE NORTHEAST QUAR I kR OF SAID SECTION 14,: THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14,A DISTANCE OF 30 FEET,MORE OR LESS, TO AN INTERSECTIONwTilH THE NORTH MARGINAL LINE OF THE KNICKERBOCKER COUNTY ROAD AS TRUE POINT OF BEGINNING, THENCE NORTH ALONG SAID EAST LINE OF SAID SECTION 14,A DISTANCE OF iedaGe,FEET; THENCE WESTERLY ON A UNE PARALLEL F,lr1fTI'H THE SOUm LII`EE OF SAID NORTHEAST QUARTER OF SAID SECTION 14,A DOSi NCE OF 8313.743 Irt_t I,MORE OR LESS,TO THE EASTERLY MAR IN UNE OF STATE HIGHWAY NO.60; THENCE SOUTHERLY ALONG THE EASTERLY MARGINAL LINE OF SAID STATE HIGHWAY A DISTANCE OF Mlle FEET,MORE OR LESS,TO THE NORTHWEST CORNER OF A TRACT OF LAN)CONVEYED BY HENRIEI TA M.HALLIDAY TO WILLIs+M M G'LL LA'GHER BY DEED DA I Its MARCH 18,100 AND RECORDED ICIVOLUME I146OF,DFR19-9„PAGE B+ID„IN !N3 COUNTY,WASHINGTON,WHICH SAID NORTHWEST CORNER IS 100 FEET NORTHERLY FROM THE POINT OF INTERSECTION OF SAID EATS ERLY MARGINAL LINE OF SAID STATE HIGHWAY WITH THE NORTHERLY MARGINAL LINE OF SAID COUNTY ROAD; THENCE EASTERLY ON A UNE PARALLEL b1► flH SAID NORTHERLY MARGINAL LINE OF SAID COUNTY ROAD.A DISTANCE OF 51)l`Etll; THENCE SOUTHERLY ON A LINE PARALLEL Vi[ITH SAID EASTERLY MARGINAL LINE OF SDI STATE HIGHWAY A DISTANCE OF 1d0 tutu TO SAID NORTH MARGINAL LINE OF SAID,COUNTY ROAD; THENCE EASTERLY ALONG SAID NORTHERLY MARGINAL UNE CF SAID COUNTY ROAD.,A DISTANCE CF • 013 FEET,MORE OR LESS,TO THE POINT OF[HEMMING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED UNDER RECORDING NO.6662545. PARCEL B: ALL THAT PORTION OF THE EAST HALF OF THE NORTHEAST.QUARTER OF SECTION 14,TOWNSHIP 21 NORTH,RANGE 4 EAST,VILIM.,IN KING COUNTY.WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST'CORNR.OF SEGITION 14; THENCE WEST ALONG SAID D SECTION LINE A DISTANCE OF 64.75 FEETTO THE EAST MARGIN OF STATE ROAD NO.59; THENCE SOUTHWESTERLY THE EAST MARGIN OF SAID ROAD A DISTANCE OF 745 FEET,MORE OR I PRP%TO A POINT WHERE TT-11E SOUTH BOUNDARY LINE OF TRACT CONVEYED BY JOHN CABAN.AND LUCILLE GERTRUDE TO JERRY W.CAS AND DO ANN NIA'E CASAN BY DEED DATED DECEI'11BER 3, INS, RECORDED UNDER RECORDING NO.5674242,INTERSECTS SAID STATE ROAD NO.62; THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT DESCRIBED IN SAID DEED DATED DECENIBER 3, 12 ,2401I-bE I MORE OR LESS,TO SOUTHERLY CORNER OF SAID JERRY W.CABAIN TRACT AND'THE TRUE POINT OF BEGINNING; Page 15 of 17 Version:8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: 8220.50 Page-17 of 18 Record Date:7/3/2023 12:33 PM King County,WA • THENCE SOUTH ALONG THE EAST LINE PROJECTED SOUTH A DISTANCE OF 20.14 FEET; THENCE SOUTH 88°15'18"WEST 250 rtt.l,MORE OR LESS,TO THE EASTERLY MARGIN OF THE STATE HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID EAST MARGIN TO A POINT 1023.22 FEET NORTHERLY FROM THE SOUTH LINE OF THE SUBDIVISION; THENCE EAST PARALLEL TO SAID SOUTH UNE 75720 FEET MORE OR LESS,TO THE EASTERLY BOQAIIDARY OF SAID SECTION 14; THENCE NORTHERLY ALONG SAID SECTION LINE TO A FONT INTERSEU 111.1 BY THE EASTERLY PROJECTION OF THE SOUTH LINE OF THE JERRY W.CABAN TRACT; THENCE WESTERLY TO THE TRUE POINT OF BECINNING. PARCEL C: AIL THAT PART OF PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,TOWNSHIP 21 NORTH,RANGE 4 EAST,WM.,IN KING COUNTY,WASHINGTON,BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14,A DISTANCE OF 52105 FEET TO THE TRUE PONT OF BEGINNING THENCE NORTH ALONG SAID EAST LINE OF SAID SECTION 14,A DISTANCE OF 3302111-tt I TO A POINT; THENCE WESTERLY AND ON A LINE PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14,A DISTANCE OF 757.20 Ett I,MORE OR LESS,TO THE EAST MARGINAL LINE OF STATE ROAD NO.tom; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE EASTERLY MARGINAL LINE OF SAID STATE NO. 69.A DISTANCE OF 359,13 FEET,MORE OR I FRS,TO A POINT WHICH IS THE NORTHWEST CORNER OFA TRACT OF LAND CONVEYED BY LB.KNICKERBOCKER AND OLIVIA S.KNICKERBOCKER,HIS WIFE,TO ONE MINORU TERADA BY DEED DATED AUGUST 12, 1929,RECORDED UNDER RECORDING NO.2564993,AND WHICH POINT IS SOUTH 88°55'WEST 825161-EE I,MORE OR LESS.FROM TRUE POINT OF BEGINNING, THENCE NORTH 83'55 EAST 825.85 I-tE I,MORE OR LESS,TO THE TRUE POINT OF BEGINNING. 21 2294 $•J kl( -z< " 9L LA. 8 '20fl Page 16 of 17 Version: 8.10.22 SF-4882966 Instrument Number: 20230703000627 Document:COV Rec: S220.50 Page-18 of 18 Record Date:7/3/2023 12:33 PM King Counts,WA EXHIBIT C-2 Depiction Of Adjoining Property EXHIBIT C-2 avt ' 175.64, i i tf Eli / ,i? 1 Pt 46 SCALE jatr fffffl ���11 CS03 TO - Pe° I NOIIE: ALL INFORk'ATION RELATE TO :ill 712 THESE PARCELS WAS T 8EN FROM .. r. AN ALTA SURVEY BY BARGHAJ S£t1 DATED NOVTi%4 ER 29, 2021. X Ni .:...;...n... :.::�.. 4 Pt D.4F � AzAQA Q- .•riA- v 'gN N,, WO'LIMITS of A1EA �.- . i_•• � ,kL ,J_ //4 ,�,441 231,20' " i �...... .:.z,.,-. rs .,::..,.... .. . VVAI .r 1S sair i_l__,..-------:_ 44 SCE; For ,106 NUMBER MCJIT2OATTAL ,•= floc NA ORCHARD PARTNERS, LLC 20995 r>tngIs oi., ACQUISITION 44 20895LOD1 ZI ciwJ ng 6gin+ Inc, TINE ADJOINING Conti ,�,,,,, ADJOINNG PROPERTY soar 1 aft [Mum IRDI Icr,Erw ___RA__ iiAbRovfb F L iDATL,6/9/2022 Page 17 of 17 Version:8.10.22 SF-4882966 The Director of Records&Licensing, King County,State of Washington do O\3�TY•4 `�11 hereby certify the foregoing document ••.00 14 is a true and correct copy of the j� 3 'r a •'GI00 document recorded in our office. jm4'44 Witness my hand and official seal this It11 •, King County.:• j t, day of Jv Ill ,20 2.5 11�\SHtNGc ., Director of(cords& • sing, By eputy Ar\rlq iK ei 4 r The Director of Records&Licensing, ��������� King County,State of Washington do G\31\1TY,EX�c'1 hereby certify the foregoing document /:�.•• ........ 0 li is a true and correct copy of the 1 E\ Z. � G document recorded in our office. Witness my hand and official seal this •. King County/ i day of J!/ cj 'It, '• .•• '� 1\ ``I,NG '= Director of cords& ' sing, BY s.. eputy Annoi Iet1