HomeMy WebLinkAboutITEM VIII-B-1
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 3858
Date: May 9,2005
Department: I Attachments:
Public Works Resolution No. 3858
Administrative Recommendation:
Budget Impact:
$0
City Council adopt Resolution No. 3858.
Background Summary:
Resolution No. 3858 authorizes the Mayor and City Clerk to execute a Utility Extension Agreement
between the City and Kent 160 LLC.
W0516-8
A3.13.8
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board [8JPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire 0 Planning
[8J Legal 0 Police
[8J Public Works D Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Wagner I Staff: Dowdy
Meeting Date: May 16, 2005 I Item Number: VIII.B.1
RESOLUTION NO. 3 8 5 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, APPROVING THE UTILITY
EXTENSION AGREEMENT BETWEEN THE CITY OF
AUBURN AND KENT 160 LLC
WHEREAS, the City of Aubum provides water and sewer utility sentices to areas
outside the corporate limits, within its utility service areas; and
WHEREAS, the City of Auburn has been approached by owners of property that
is surrounded by territory within the potential annexation of the City of Auburn but which
is currently located within the corporate boundaries of the City of Kent, stemming from a
previous municipal purposes annexation by the City of Kent; and
WHEREAS, the contact from the owners of this property was to sl~cure for this
property water and sewer utilities which are more readily available from the City of
Aubum than they would be from the City of Kent; and
WHEREAS, the City of Auburn has negotiated with the owners of this property
the terms of this agreement for extension of water and sewer utilities to this property
under terms that are acceptable to both parties and which adequately proted the City of
Auburn in terrns of its specific interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute an
agreement in substantial conformity with the Agreement attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
--------..
Resolution No. 3858
May 9, 2005
Page 1
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this
day of May, 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
..---------
Resolution No. 3858
May 9, 2005
Page 2
UTILITY EXTENSION AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION
OF COVENANT)
Return Address Citv of Auburn
Planninq Dept. 25 West Main Street
Auburn. WA 98001
WSC
Parcel Number(s)
Additionalleqal on paqe
The Agreement executed herein between the City of Auburn, Washington, a
municipal corporation, hereinafter referred to as "CITY" and Kent 160 l.LC and the
heirs, assigns, and/or successors in interest of certain property, hereinafter referred to
as "OWNER", is for and in consideration of the furnishing of sanitary seWE~r service by
the CITY to certain property of the OWNER hereinafter referred to as the
"PROPERTY". Subject to the terms and conditions set forth herein, the OWNER does
hereby petition for and agree to annexation of the PROPERTY to the CITY, and does
hereby agree to the conditions of annexation herein, and does hereby declare this
covenant.
SECTION 1: DEFINITIONS
Unless otherwise specifically stated in this Agreement, the following terms shall
have the following meanings:
1.1. The term "the Property" shall mean the real property as described and set forth in
"Exhibit 'A'," which is attached to this Agreement and incorporated herein by
reference. Exhibit "A" shall consist of a written legal description that clearly
Page 1
describes the whole property of the Plat and all component parts, including
separately described Tracts ·UU," "W," "WW," and "XX," and shall further consist
of a preliminary plat map that shows the entire Plat and all compon4~nt parts, as
well as all streets located within the Plat and/or referenced in this AgrEiement. The
term shall also mean the individual lots, tracts or parcels that occur or are created
as a result of any subdivision of the Property described in Exhibit 'A.'
1.2. The term "Owner" and "Owners", in addition to describing Kent 160 LLC, shall
mean any person, corporation, partnership, entity, being, trust, or ;agency, that
currently has title or possession, or obtains title or possession in the future, to the
property or properties described in subsection 1.1 of this Agreement. The term
"Owner" and "Owners" shall also mean any person, corporation, partnership,
entity, being, trust, or agency who purchases or otherwise obtains p()ssession or
title to a lot or lots that are created as a result of the subdivision of the property
described in Subsection 1.1. The term "Owner" shall denote both the singular and
the plural, and the term ·Owners" shall denote both the singular and the plural.
SECTION 2: RECITALS
2.1. The CITY is not legally required to provide sewer service to property lo,cated
outside of the Auburn city limits.
2.2. The CITY is not the exclusive provider for sewer service to the Property, which has
been annexed to and is part of the City of Kent.
2.3. Chapter 13.40 of the Auburn City Code provides that the City Engineer may
administer agreements to extend sewer service to areas within the City's sewer
service areas.
2.4. The OWNER has negotiated an agreement with the CITY for the E~xtension of
sewer service to property located within the city limits of Kent and legally
described in Exhibit 'A', attached.
2.5. The OWNER and the CITY have negotiated the terms of an agreement for
extension of sewer services to the PROPERTY and the Mayor recommends that
the City Council approve the issuance of a permit to extend sewer sE~rvice to the
PROPERTY subject to specified conditions.
2.6. This Agreement shall evidence the commitment for sewer services to the
PROPERTY, and OWNER shall hereafter provide the CITY with civil plans for
review an approval in accordance with ACC 13.40.
Page 2
2.7. This Agreement is not intended to constitute a development agreement as
authorized by RCW 36.70B.170 through .210.
SECTION 3: PROVISION OF SEWER SERVICE; POTENTIAL ANNEXATION
3.1. The CITY agrees to provide permanent sanitary sewer service to the Property,
and to the dwelling units and any public restrooms that may ultimately be
constructed in the Developer's proposed Plat of Verdana on the Property. Such
sanitary sewer service will be provided in accordance with the CITY's adopted
design and construction standards, comprehensive plan and any implementing
and applicable sanitary sewer utility plans and policies adopted by the CITY and in
effect as of the date of this Agreement. The CITY agrees to provide such sanitary
sewer service notwithstanding any amendment by the CITY to such plans and
policies after the date of this Agreement that is inconsistent with the provision of
such sanitary sewer service as set forth herein.
3.2. At the Developer's request at any time after the date of this Agreement, the CITY
will promptly issue a certificate of sanitary sewer availability to OWNER for
submittal to the City of Kent, and the CITY will from time to time and at the
OWNER's request issue updated certificates of such availability to the OWNER.
All such certificates will be expressly subject only to both of the following
conditions: (a) the CITY's standard conditions of providing sanitary sewer service,
as customarily set forth in its certificates of sewer availability; and (b) the
OWNER's obligation to design, engineer, and construct the infrastructure
necessary to connect the Property to the CITY's existing sanitary sewer system.
3.3. Except for its standard sanitary sewer system development charge, permit fee,
and any applicable charge in lieu of assessment and/or payback charge to be
levied by the CITY against the OWNER before or at the time tlhe Property
connects to the CITY's sanitary sewer system, and except for a reasonable sum
that the CITY may require from the OWNER as consideration for entering into a
developer extension agreement for such sanitary sewer service, the CITY will
impose no other assessment, fee, or charge of any kind on the OWNER or its
successors and assigns as a condition of, or prerequisite for, connecting the
Property to the CITY's sanitary sewer system.
3.4. At all times after the Property is connected to the CITY's sanitary sewer system,
the CITY will charge sanitary sewer customers within the Property only those
then-prevailing monthly fees and charges (as the CITY may adjust those fees and
charges from time to time) that the CITY charges its sanitary sewer customers.
(Note: If it the property is outside the city limits, there will be a utility surcharge. If
the property is annexed to the City it will not be subject to the surchargo.)
Page 3
3.5. In consideration and as a condition of the provIsion of CITY sewer service,
OWNER shall fully cooperate with and agree to the annexation (which shall
include all types and manner of annexation) of the Property to tile CITY, as
follows:
3.5.1. OWNER, shall, whenever so requested, sign any letter, notice, petition
or other instrument initiating, furthering or accomplishing the annexation
of the above-described Property to the CITY.
3.5.2. OWNER, shall, whenever so requested, actively pmmote such
annexation, and shall not act or speak in any manner to avoid
annexation, or cause others to avoid or reject annexation.
3.5.3. OWNER, by accepting the terms of this Agreement, grants to the CITY
an irrevocable power of attorney to execute any annexation documents
on OWNER'S behalf or as may be necessary to complete the
annexation so long as the CITY remains a municipal corporation
3.6 It is further agreed and understood that in the event of any bmach of this
Agreement to annex, the CITY may terminate the provision of sewer s4~rvice.
SECTION 4: LOCAL IMPROVEMENT DISTRICT
4.1. In consideration and as a condition of the provIsion of CITY sewer service,
OWNER agrees that if at any future time the Property is no longer part of the City
of Kent, then OWNER shall sign petitions for and participate in any Local
Improvement District that may be proposed in the future in accordance with
then-existing law for any and all public street improvements consisting of curb and
gutter, sidewalks, street lighting, storm drainage, and/or paving bEmefiting the
Property, whether initiated by CITY or by property owners in the vicinity of the
Property. To this end, OWNER agrees as follows:
4.2. OWNER, shall, whenever so requested, sign any letter, notice, petition or other
instrument initiating, furthering or accomplishing the Local Improvement District
encompassed in herein; provided, however, that at the time of any such request
the Property must no longer be part of the City of Kent.
4.3. OWNER, shall, whenever so requested, actively promote such Locallrnprovement
District, and shall not act or speak in any manner to avoid the Local Improvement
District, or cause others to avoid or reject the Local Improvement Distril:t.
Page 4
4.4. OWNER, by accepting the terms of this Agreement, grants to the CITY an
irrevocable power of attorney to execute any Local Improvement District
documents on OWNER'S behalf or as may be necessary to complete, initiate, or
enforce the Local Improvement District so long as the CITY remains a municipal
corporation; provided, however, that the CITY shall not exercise such power of
attorney so long as the Property remains part of the City of Kent.
SECTION 5: MITIGATION MEASURES
In consideration and as a condition of the provision of CITY sewer service,
OWNER agrees that it is the OWNER's responsibility to finance the design, permitting
and construction of the following mitigation measures: OWNER shall have no
obligation to undertake any of the following mitigation measures unless OWNER has
first received an Acceptable Plat Approval. As used in this Agreement, the term
"Acceptable Plat Approval" means the City of Kent's approval of the preliminary Plat of
Verdana on the Property, subject only to conditions that are reasonably acceptable to
the OWNER. The OWNER will be deemed to have received an Acœptable Plat
Approval only if and when both of the following have occurred: (a) the period for
bringing a judicial appeal of Kent's approval of the preliminary Plat of Verdana has
expired without the timely filing of any such appeal; or, if such an appeal is timely filed,
then the date such appeal has been finally resolved substantially in favor of the
OWNER, including the final resolution of any appeal to a higher court; and (b) the date
the OWNER submits engineering plans and specifications to the City of Kent to
construct the Verdana plat infrastructure, as an implementing step toward rEiceiving final
plat approval of the Plat of Verdana.
5.1. Streets & Pedestrian Facilities.
5.1.1. OWNER shall complete half street improvements along the frontage of
the Property along 124th Ave. SE to King County standards for a minor
arterial with full urban improvements, with a minimum 42-fo()t half street
right-of-way, excepting half street improvements abutting the frontage of
the OWNER's proposed future development Tracts UU, VV, WW, and
XX, which improvements shall be installed concurrently with
development of such tracts.
5.1.2. OWNER shall complete half street improvements along the frontage of
the Property along SE 304th St. to King County standards for a collector
arterial with full urban improvements with a minimum 30-foCit half street
right-of-way, excepting half street improvements abutting the frontage of
the OWNER's proposed future development Tract UU, W, WW, and
XX, which improvements shall be installed concurrently with
development of such tracts.
Page 5
5.1.3. OWNER shall provide north, south, east and west bound dedicated left
turn lanes and traffic signal improvements at the intersection of SE 304th
and 124th Ave SE and dedicate any right of way nece!¡sary at the
northwest corner of the intersection to allow for future signal
improvements to the intersection.
5.1.4. OWNER shall design and install traffic calming on road "J" to the
satisfaction of the traffic engineer for the City of Kent and the CITY.
OWNER shall also dedicate right of way and provide a through road
connection to City of Kent standards for a residential colleGtor road on
Road "J" (the primary collector through the site) that will connect to 118th
Ave SE and 124th Ave SE. No direct residential access to I~oad J shall
be permitted.
5.1.5. OWNER shall dedicate right of way pursuant to the standards for a half
street for a King County neighborhood collector on SE 288th Street and
complete said half street improvements.
5.1.6. OWNER shall provide a non-motorized bike lane east andl westbound
through the development from 118th Ave SE to 124th Ave SE. The intent
of this requirement is to facilitate a non-motorized corridor to assist
access to future park properties east and west of the development.
5.1.7. OWNER shall improve 118th Ave SE to a full half street configuration
along the site frontage and widen 118th Ave SE from site fmntage south
to SE 304th Street as necessary to provide one twelve foot wide travel
lane in each direction.
5.1.8. OWNER shall provide a separate pedestrian path on the Isast side of
118th Ave SE connecting the development to SE 304th and shall provide
an improved signalized (pedestrian initiated) crossing at the intersection
of 11Sth and SE 304ththat will serve the main entrance to Hazelwood
Elementary School.
,
5.1.9. OWNER shall provide an improved signalized (pedestrian initiated)
crossing mid block across 124th Ave SE in the vicinity of the entrance to
the Auburn Mountainview High School.
5.2. Storm Drainage Facilities.
5.2.1 Aesthetics. Each storm drainage facility shall be designed & constructed
by the OWNER so that the facilities become and appear to be an amenity
to the residential setting. If the facilities are to be owned by the
Page 6
Homeowners Association ("Association"), OWNER shall provide the
Declaration of Covenants, Conditions and Restrictions ("CC,!!,R's") to the
CITY for review in order for the CITY to determine that there is adequate
language in the CC&R's in order to assure that there is an adequate
maintenance plan for the storm drainage facilities that is financially
secured. The CC&R's shall also provide that the provisi()n regarding
maintenance of storm drainage facilities may not be amended by the
Association without prior written approval of the CITY.
5.2.2 Maintenance Access. If the storm drainage facilities will be dedicated as
publicly owned facilities, it must be designed to meet the City of Kent's
requirements, including but not limited to, requirements for access for
maintenance.
5.2.3 Number of facilities. The OWNER shall submit to the CITY its proposal
regarding the number and design of storm drainage facilities and ponds
prior to submitting the proposal to the City of Kent. OWNER agrees to
work with Auburn in good faith and make all attempts to minimize the
number of storm ponds on the property given the grades I~ site layout
constraints
5.3. Parks and Recreation.
5.3.1. OWNER shall dedicate and develop park facilities on site in the amount of
6.03 acres per 1,000 population (based on an average of 2:.80 persons
per household, multiplied times the total number of dwellingl units to be
constructed.) or shall meet City of Kent park requirements and provide a
fee to the CITY for the difference between the number of acres provided
per Kent's standards and the above CITY requirement. Said fee shall be
calculated using an amount of $133,300.00 per acre or fraetion thereof
and shall be paid to the city by prior to recording the plat. The $133,300
shall be adjusted annually based on the Consumer Price Index for the
Seattle Metropolitan Area beginning on January 1, 2006 (based on the
CPI for 2005), and on January 1 st of each year thereafter.
5.3.2. OWNER shall dedicate, to the governmental body in whoSE! jurisdiction
the easement property is located at the time of recording of the final plat,
that portion of property within the Bonneville Power Administration
easement (legally described in Exhibit "B" (attached hereto and
incorporated by this reference) for use as a public park and non-motorized
multiple-use path and/or trail and related amenities and maintenance
(benches, water fountains etc.) Said dedication and easlement shall
provide that the OWNER and its successors and assigns agree to any
subsequent transfer of said easement to another governmental entity for
Page 7
the above stated uses. OWNER shall also pay for site planning for and/or
make improvements to the dedicated easement property equal in dollar
value to 5% (five percent) of the King County assessed value of the
property described in Exhibit "B" at the time of recording of the final plat.
If necessary, the assessed value shall be determined by :an appraisal
acceptable to the City of Kent and the CITY. The cost of any such
appraisal shall be paid for by the OWNER. The site planning to be
completed and/or the improvements to be made shall be agr,eed upon by
the City of Kent and the CITY. In lieu of making those improvements, and
at the discretion of the CITY or the governmental body in whose
jurisdiction the easement property is located at the time of recording of the
final plat, the OWNER may be required to transfer to that jurisdiction, the
dollar value of the improvements as calculated above to be u5,ed solely for
capital projects or park planning purposes in the BonnEwille Power
Administration easement or on adjacent park lands.
5.3.3. Lighting within the Bonneville Power Administration eas,ement shall
provide for the safety of park users but must be sited and designed to
minimize light and glare on adjacent residential properties and to the night
sky. Light poles taller than 15 feet will not be allowed within the
Bonneville Power Administration easement.
SECTION 6: ADDITIONAL PROVISIONS.
6.1. In order to assure that all of the mitigation measures in paraçlraph 5 are
designed in accordance to a standard that the City can confirm will satisfy the terms of
this agreement. the OWNER agrees that the preliminary design of all these
requirements will be submitted to the City for review and approval prior to submission to
the City of Kent for final approval of the design plans for all mitigation measures:
6.2 SEPA Requirements. Nothing herein shall be construed as to limit the City's
ability to require mitigation of any proposed impacts that are identified in the SEPA
process or to waive any of the City's authority to proceed in any wa,y under the
SEPA process.
6.3 Financial Obligations. Nothing in this Agreement shall be construE~d to create
any financial obligation on the part of the CITY with regards to the provision of
CITY sewer service, annexation, local improvement districts, mitigation measures
or any other matter.
6.4. Indemnification. The OWNER shall defend and hold harmless the CITY, its
elected and appointed officials, employees, and agents from any actions, causes
of action, liabilities, claims, suits, judgments, liens, awards, demands. and
damages of any kind ("Claims"), including Claims for property damaç e, personal
Page 8
injury, or death (and including any Claims brought by employees of the OWNER's
contractor or any subcontractor), but excepting any Claim arising out of the sole
negligence of the CITY, its elected or appointed officials, employees, or agents.
The CITY shall be held harmless from all expenses, costs of litigation, and
reasonable attorney's fees, expert witness fees, and costs of services of
engineering and other personnel related to any such action, or incident to
establishing the right to indemnification, to the extent such Claims arise from any
negligent act or omission or willful misconduct of the OWNER, OWNER's
Contractor, any subcontractor, or their employees arising out of, or in any way
related to, their performance of the Agreement, including without limitation the
provision of services, personnel, facilities, equipment, support, supervision, or
reviews. The CITY's obligations herein are subject to judicial, legislative, and
regulatory restrictions beyond the CITY's control (Including, but not limited to the
Endangered Species Act). The applicant releases the CITY from any and all
direct or indirect liability or damages related to actions beyond the CllTY's control
and agrees to indemnify and hold the CITY harmless from any such action
undertaken by any third person or agency based in whole or in part on the
improvements or services provided for herein.
6.4.1. The OWNER expressly waives any immunity under industricll insurance,
whether arising from RCW Title 51 entitled "Industrial Insurance" or any
other statute or source solely for the benefit of the CITY and solely to the
extent of the indemnity set forth in this Agreement.
6.4.2. The OWNER shall, at the CITY's request, furnish comprehensive
evidence that all obligations of the nature designated in this agreement
have been paid, discharged, or waived.
6.5. Agreement Alterations And Amendments. This Agreement may be amended by
mutual agreement of the parties. Such amendments shall not be binding unless
they are in writing and signed by personnel authorized to bind each of the parties.
6.6. Binding On Successors And Assigns. The terms and conditions of this
Agreement shall constitute covenants running with the land and shall be binding
upon the successors and assigns of OWNER.
6.7. No Third Party Beneficiaries. This Agreement is solely for the bE.nefit of the
parties hereto, and no third party shall be entitled to claim or enforc e any rights
hereunder except as specifically provided herein.
6.8. Waiver. A failure by either party to exercise its rights under this Agreement shall not
preclude that party from subsequent exercise of such rights and shall O!:)t constitute
a waiver of any other rights under this Agreement unless stated to be such in a
Page 9
writing signed by an authorized representative of the party and attached to the
original Agreement.
6.9. Governance. This Agreement shall be governed by the laws, regulations and
ordinances of the CITY, the State of Washington, King County, and where
applicable, Federal laws. All claims, disputes and other matters in qUHstion arising
out of, or relating to, this Agreement or the breach hereof, except with respect to
claims which have been waived, will be decided by a court of competent
jurisdiction in King County, Washington.
6.10. Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the
other provisions of this Agreement which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable! law and the
fundamental purpose of this agreement. To this end the provisions of this
Agreement are declared to be severable.
6.11. Breach. The failure to meet any of the terms of this Agreement shall constitute a
material breach of the Agreement.
6.12. Release of Claims. By signing this Agreement, OWNER releases CITY from any
and all lawsuits, claims, causes of action, damages, or fees, whether nDW known or
unknown, that it may have or may bring against the City as a result of the process
for obtaining the sewer service as contemplated in this Agreement
6.13.Attorneys' Fees. In any action brought by a party to enforce its rig hils under this
Agreement, the substantially prevailing party will be entitled to recover its
reasonable costs and attorneys' fees, including fees and expenses inGurred in the
appeal of any order or judgment of a lower court.
DATED this
day of
,2005.
CITY OF AUBURN
CITY OF AUBURN
Peter B. Lewis, Mayor
Attest:
Page 10
Danielle E. Daskam,. City Clerk
Approved as to Form:
Daniel B. Heid, City Attorney
KENT 160 LLC
By BRNW, Inc., a Washington corporation
Its Managing Member
By
~
Brian Ross, President
STATE OF WASHINGTON )
)ss.
COUNTY OF )
ON THIS _ day of , 20_, before me, personally
appeared Peter B. Lewis and Danielle E. Daskam, to me known to be thE~ Mayor and
City Clerk, respectively, of the City of Auburn, the municipal corporation that executed
the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized to execute said
instrument on behalf of said municipal corporation.
GIVEN under my hand and official seal this _ day of
,20_.
Page 11
STATE OF
COUNTY OF
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
)
)ss.
)
On this day personally appeared before me BRIAN ROSS, to me Iknown to be
the President of BRNW, Inc., the Washington corporation that is the Mana~ling Member
of KENT 160 LLC, the Washington limited liability company that executed the foregoing
instrument, and acknowledged such instrument to be the free and voluntary act and
deed of such limited liability company, for the uses and purposes therein mentioned,
and on oath stated that he was duly authorized to execute such instrument.
Dated _VV\A'f "\, 2-óos
~~
(J1fGiAt1.- P 0,(1(,.$0
Notary Public 'n and for the State of Washington
residing at ,q
My appointment expires /)(.. .- ZS-ò
#302524 18163-002 6hfg02!.doc 5/9/2005
Page 12
J"
.
VERDANA
LEGAL DESCRIPTION: TOTAL PARCEL
TRIAD JOB # 03-094
MAY 9, 2005
THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON, AND THAT PORTION OF THE SOUND TRUSTEE
COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
13 OF PLATS. PAGE 100, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
CÖMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 88·58'11" WEST ALONG THE NORTH LINE OF GOVERNMENT LOT 3 IN SAID
SECTION 4, A DISTANCE OF 285.00 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE SOUTH 01·38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
272.00 FEET;
THENCE SOUTH 88·58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 01·38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
114.00 FEET;
THENCE SOUTH 88·58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 155.00 FEET TO THE WEST LINE OF THE EAST 30.00 FEET OF SAID
WEST HALF AND THE WESTERLY RIGHT OF WAY LINE OF 124TH AVENUE SOUTHEAST;
THENCE SOUTH 01·38'46" WEST, ALONG SAID WEST LINE AND SAID WESTERLY RIGHT OF
WAY LINE, 1998.58 FEET;
THENCE SOUTH 01·39'29· WEST, ALONG THE WEST LINE OF THE EAST 30.00 FEET OF SAID
WEST HALF AND THE WESTERLY RIGHT OF WAY LINE OF 124TH AVENUE SOUTHEAST, A
DISTANCE OF 2560.33 FEET, TO A POINT OF TANGENCY WITH A 40.00 FOOT RADIUS CURVE
TO THE RIGHT;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
90·28'28". AN ARC DISTANCE OF 63.16 FEET TO A POINT OF TANGENCY WITH THE NORTH
LINE OF THE SOUTH 30.00 FEET OF SAID WEST HALF AND THE NORTHERLY RIGHT OF WAY
LINE OF SOUTHEAST 304TH STREET;
THENCE NORTH 87·52'03" WEST, ALONG SAID NORTH LINE AND SAID NORTHERLY RIGHT OF
WAY LINE, 495.80 FEET TO THE MOST EASTERLY CORNER OF THE PLAT OF CRYSTAL
MEADOWS AS RECORDED IN VOLUME 194 OF PLATS, PAGES 66 AND 67, RECORDS OF SAID
COUNTY;
THENCE NORTH 23·16'08" WEST, ALONG THE NORTHEAST LINE OF SAID PLAT, 6~i4.09 FEET
TO AN ANGLE POINT IN SAID NORTHEAST LINE OF SAID PLAT;
THENCE CONTINUING ALONG THE NORTHEAST LINE OF SAID PLAT, NORTH 75·37'53" WEST
468.83' FEET TO THE MOST NORTHERLY CORNER OF SAID PLAT, SAID POINT BEING ON THE
EAST LINE OF THE PLAT OF THE SOUND TRUSTEË COMPANY'S THIRD ADDITION, AS
RECORDED IN VOLUME 13 OF PLATS. PAGE 100, RECORDS OF SAID COUNTY;
THENCE SOUTH 01·29'33" WEST, ALONG THE EAST LINE OF TRACT 11 IN SAID PLAT, 34.32
FEET TO A POINT ON SAID EAST LINE THAT IS 50.00 FEET NORTH OF THE SOUTHEAST
CORNER OF SAID TRACT WHEN MEASURED ALONG SAID EAST LINE;
THENCE NORTH 24·06'11" WEST 312.51 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF SAID TRACT 11, SAID POINT BEING 135.00 FEET WESTERLY OF THE
NORTHEAST CORNER OF SAID SOUTH HALF, WHEN MEASURED ALONG SAID NORTH LINE;
THENCE NORTH 26·43'19" WEST 377.25 FEET TO A POINT ON THE NORTH LINE OF' SAID
TRACT 11;
THENCE NORTH 01·30'12" EAST, ALONG THE WEST LINE OF THE EAST HALF OF SAID TRACT
10, A DISTANCE OF 132.00 FEET TO THE NORTH LINE OF THE SOUTH 120.00 FEET OF SAID
TRACT 10;
THENCE NORTH 88°01'34. WEST, ALONG SAID NORTH LINE, 316.73 FEET TO THE WEST LINE
OF SAID TRACT 10;
THENCE NORTH 01°30'51. WEST, ALONG THE WEST LINE OF TRACTS 10 AND 91N SAID PLAT,
1193.45 FEET TO THE NORTHWEST CORNER OF SAID TRACT 9;
THENCE SOUTH 87"49'18" EAST, ALONG THE NORTH LINE OF SAID TRACT 9, A DISTANCE OF
629.64 FEET TO THE NORTHEAST CORNER OF SAID TRACT 9 AND THE EAST LINE OF SAID
PLAT;
THENCE NORTH 01°53'09. EAST, ALONG THE EAST LINE OF SAID PLAT, 1323.32 FEET, TO
THE NORTHEAST CORNER OF SAID PLAT;
THENCE NORTH 87°37'04. EAST, ALONG THE NORTH LINE OF SAID PLAT, 13.17 FEET TO THE
WEST LINE OF GOVERNMENT LOT 3 OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M.;
THENCE NORTH 01°41'41. EAST, ALONG SAID WEST LINE, 1035.34 FEET TO THE
NORTHWEST CORNER OF SAID GOVERNMENT LOT 3;
THENCE SOUTH 88°58'11. EAST, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3,
1030.65 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
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Land Ocvclopntel1t Consult~nts
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11814 l1SUI Avenue: NE Kirkland, Washington 98034-9623
425.821.8448 . 800.488.0756 . Fax 4;!S.821.3481
www.trlndassoc.com
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