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HomeMy WebLinkAboutITEM VIII-A-1.~ CITYOF~ ~ TT ~ ~ ** AUJJ~J I~.1~I AGENDA BILL APPROVAL FORM ~ ~ WASHINGTON Agenda Subject Date: Ordinance 6087, approving the Final Plat of Terrace View Townhomes, 03/28/07 Application No. PLT06-0007, approval of Right of Way Use Permit No. 07-11, approval of a Quit Claim Deed and relinquishing various utility easements Department: Planning, Attachments: Ordinance No. 6087, Budget Impact: None Building and Community Certificate of Improvements, Final Plat drawing, Resolution 4009, Right of Way Use Permit 07-11, Quit Claim Deed, Relin uishment of Easements Administrative Recommendation: Cit Council to introduce and ado t Ordinance No. 6087, Background Summary: Terrace View Properties, LLC, represented by Prizm Surveying and Pacific Engineering Design, LLC, has applied for Final Plat approval of "Terrace View Townhomes." Terrace View Townhomes is a subdivision of a 6.042 acre site into 59 lots, several open space tracts, and two utility tracts. The property is located on the east side of East Valley Highway at Terrace View Drive, adjacent to the north access ramp for Lake Tapps Parkway, downslope from the recently completed "Belara" apartments. The project is designed to be constructed with a series of predominantly 4-unit, common wall, townhouse structures, each structure occupying 4 lots. The plat includes one tract to be occupied by a future water booster station (Tract D) and one tract occupied by a sanitary sewer lift station (Tract J). The preliminary plat was approved by the City Council on March 16, 2006, by Resolution No. 4009. This action occurred after the Council had conducted a closed record hearing on March 16, 2006. Several other actions are occurring in conjunction with approval of the final plat to address some utilities related issues associated with the project. These include: 1) Approval of Right of Way Use Permit 07-11 to allow a 15 ft. wide clean water storm drainage line within Terrace View Dr. SE and across proposed Alexander Dr. SE, benefiting the Belara Apartments; Reviewed by Council 8~ Committees: Reviewed by Departments 8~ Divisions: ^ Arts Commission COUNCIL COMMITTEES: ®Building ®M&O ^ Airport ^ Finance ^ Cemetery ^ Mayor ® Hearing Examiner ^ Municipal Serv. ^ Finance ®Parks ^ Human Services ^ Planning & CD ®Fire ® Planning ^ Park Board ^Public Works ®Legal ®Police ^ Planning Comm. ^ Other ®Public Works ^ Human Resources Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/ Tabled Until _/_/_ Councilmember: Norman Staff: Davolio Meeting- Date: A ril 2, 2007 Item Number: VIII.A.1 ~~8~ * MORE THAN YOU IMAGINED Ordinance 6097 12, 2007 2) approval of a Quit Claim Deed for the City to convey an existing water booster pump station tract deeded to the City under Pierce County Auditor's File No. 200103295016 in favor of a new Tract D being established by the final plat; and 3) relinquishment of easements for various sanitary sewer and water facilities which are no longer needed due to the dedication of public right of way within the proposed plat. [Note: the booster pump station tract and easements were previously established at a time it was anticipated this site would develop with commercial uses]. Page 2 of 2 ORDINANCE N0.6 0 8 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF TERRACE VIEW TOWNHOMES, INCLUDING AND PROVIDING FOR A RIGHT OF WAY USE APPLICATION APPROVAL, THE RELINQUISHMENT OF EASEMENTS AND THE AUTHORIZATION OF A QUIT CLAIM DEED RELATED THERETO WHEREAS, the City of Auburn received a final plat application for the Plat of Terrace View Townhomes, Application No. PLT06-0007, the final approval of which is appropriate for City Council Action; and WHEREAS, the plat property is currently encumbered by a water booster pump station tract and various utility easements that are no longer necessary in their current locations due to the platting of the property; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Terrace View Properties, LLC, represented by Prizm Surveying and Pacific Engineering Design, LLC, has requested final plat approval of Terrace View Townhomes and all applicable conditions have been met. 2. The preliminary plat was approved by the City Council on March 16, 2006, by Resolution No. 4009. The plat has been developed in accordance with the TV, Terrace View zone district. 3. The Final Plat is in compliance with the Zoning and Land Division Ordinances and is consistent with the City's engineering standards. 4. A Certificate of Improvements has been issued by the City Engineer, accepting all required plat improvements. 5. The City of Auburn has previously obtained a site within the plat for the purposes of constructing a water booster pump station. The plat will ---------------- Ordinance No. 6087 March 28, 2007 Page 1 of 4 relocate this site to another location (Tract D) and provide for its dedication. It is therefore necessary for the City to issue a Quit Claim Deed for the existing water booster pump station site. 6. A sanitary sewer lift station current exists within an easement on a portion of the plat and several other sewer and water easements exist on the property. The plat will provide for the dedication of public right-of-ways in which plat utilities will be located. Therefore, it is necessary for the City to relinquish these easements. 7. The plat needs to relocate an existing private clean storm water line servicing the Belara Apartments located to the east and uphill of the property. Portions of this line are proposed for location within public right- of-way. Therefore, approval of a Right of Way Use Permit is required. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. 4. The City of Auburn may quit claim its interest in the existing water booster pump station deeded to the City under Pierce County Auditors Fee No. 2000103295016 in favor of the dedication of Tract D of the plat for this same purpose. 5. The City of Auburn may approve Right of Way Use Permit Application No. 07-11 to allow for the location of a clean water storm drainage line within Terrace View Drive SE and across proposed Alexander Dr. SE. 6. The City of Auburn may relinquish various sanitary and water utility easements recorded under Pierce County Auditor Fee Nos. 200209160499, 200305211187 and 200305211188 in favor of the public right of ways being dedicated with this plat. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Terrace View Townhomes, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on the face of the Final Plat and set forth in Exhibit "A," ---------------- Ordinance No. 6087 March 28, 2007 Page 2 of 4 attached hereto and. incorporated herein by reference, is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the Pierce County Auditor's Office, Records and Licensing Division. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. .This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ---------------- Ordinance No. 6087 March 28, 2007 Page 3 of 4 ATTEST: Danielle E. Daskam, City Clerk APPR VED TO F M• iel B. Heid, City Attorney Published: ---------------- Ordinance No. 6087 March 28, 2007 Page 4 of 4 ~y M~.Tc~~ iii=!~`_~1 ~ I ;/ ~ t~ ~ A PORTION OF GOVERNMENT LOT 5 OF SECDON 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILUMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 1HE WEST QUARTER CORNER OF SAID SECTION 6; THENCE ALONG THE. WEST UNE OF SAID SECTION 6, NORTH 0'31'15" EAST 1321.65 FEET; THENCE AI~IG THE NORTH UNE OF SAID GOVERNMENT LOT 5 SOUTH 88T732' EAST 624.77 FEET TO THE TRUE POINT OF BEgNNING THENCE SOUTH 11'00'59' WEST 655,35 fEET TO THE NORTH UNE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AFN~! 200102230899; THENCE FOU.OWING SAID NORTH RIGHT OF WAY UNE IN A GENERAL WESTERLY DIRECTION TO THE EAST RIGHT OF WAY UNE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY UNDER AFN~ 200102230699; THENCE FOU.OWING SAID EAST RIGHT OF WAY UNE IN A GENERAL NORTHERLY dRECTION TO THE NORTHERLY UNE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTH UNE SOUTH 8837'32` EAST 488.91 FEET TO THE TRUE POINT OF BEGINNING; (BANG PARCEL 8 OF BOUNDARY UNE ADJUSTMENT RECORDED UNDER RECORDING N0. ~ 200103295016). /~ ~~~ SUQVSYINfi 1DIC. P. 0. BOX 1107'00 T/-C01[A 1-A. 98411 ~v~eaeo D!')''IC8 259-404-0083 1°°° )FAY 259-404-0984 ~ucrWll uraur . IoUeuWY YI° r0°°°fNIGt 71Nt°Y° ros rto. ~oo6-~u F ~_ CITY OF_ ~ . ~ ~,, ~. - ~.,: . ~~- °° CERTIFICATE OF IMPROVEMENTS ~. _..-,: - WASHINGTON COMPLETION OF IMPROVEMEN~',S FINAL PLAT APPLICATION FAC(i6-OUO~ The required improvements for the Final Plat of z~i/~rzAC>r v~~;w `l'U~vc~>:i~P~us have been completed in accordance with the Land Division Ordinance and the City of Auburn's standards and specifications. Cit En ineer ~` Y g ate >=' SECURITY IN LIEU OF COMPLETION In lieu of the required public improvements for the Final Plat of an approved security (type of security) for $ (150% of the estimated costs of improvements) has been submitted and approved by the City Engineer. City Engineer Date 1. Thy developer has provided references and demonstrated a minimum of 3 years successful, non-defaulted plat development experience in the Puget Sound region. 2. The bond/security is based on the following costs: Water $ Storm $ Street $ White: Contract Administrator Sewer $ Traffic Signal $ (luminaires, curb, gutter, streets, private utilities) Yellow & Pink: Planning Director Goldenrod: Developer REF. H:\FORMS\FE031 (2/04) TERRACE VIEW TOWNHOMES SKEET I of s A PORTION OF GOVT LOT 5, (THE SOUT'HVVEST QUARTER OF THE NORTHWEST QUARTER) SECTION 6, TOWNSHQ~ 20 NORTH, RANGE 5 EAST OF THE W.M., CITY OF AUBURN, PIIItCE COUNTY, WASHINGTON LEGAL DFSCRIl'ITON A PaXNON OC WKNN4fNi LO1 5 a ffCRW 6, ipW1411P 10 NOgTH, RANCC 5 EAST a ME wLIAAKTrt uERpAx, M PBRC[ CWxTY, WA9NDTW, NWE PAARNLARIY pE5[R1BE0 AS (WLOWS'. 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M1 THE DAY Axo YEAR FIRST ABOK NRliiEx, BEFORE uE PERSONALLY APPEARED i0 ME KNONN i0 BE THE a iNE CCRPORARON ixui EXECUTED THE W AND EWXEGOING INSTRUMENT, AN ACKNOWLEDGED SA10 MSTRUMENi i0 BE THE FRIEE AND vOLUNTMY AGi ANO OEEO OP SAID CORPORAnON, TOR iNE USES ANO PURPOSES (HEREIN MENTIONED, AND W OAM 9LAMO MAi HE/SHE wA2 AUTNORIZEO IO ExECVTE SAID INSTRUMENT. N WTNESS xMEREOF,I HAVE HEREON SEi MT HANG AND OFFICIAL SEAL THE DAr AND KAR FIRSL ABOVE NRITIEN. R[4gNG Ai SURVEY REFERIIVCPS SHEEP INDEX a 9nxY IAxEK APx. 91 9[F1 I: RGAI. WRS. APPROVALS ~~ ~ 9~~DHF ,~IXn A1µ, ~ 9CF1 1: WRKY [[NMW, xOlES 9Kfi 3 9R OC1AaS NOR 9kET !. 9R O[IMS. RNMAL NX,DARY uM NWSnpI uxgR A[.R R~mlo]R,SN6 %ET 5 9rt RluLS SWM IRACI' NOT'ES' MACt'A' IS FUR NERIND ANO YERAW BWFER PER R[CpWEO W[RAW YFNORN AY a A(AEEYENT iILEO LINER ALg1pR'S RF NJNBW }W108}epAT. [Aq l01 91AL1 HAK A I/39M UxgNOFO NRRESi x M1C1 A Fai lAx PUINJSES. iMCM R'. 'C, E, 1', 'G' k N' AIR Tai URURS AW aEx PMY. FACM l01 91ALL NAK A I/691N uxoIKEO NMRESI x sAm MACH rm lAX WWPORs MAGI D' 8'J AR[ FqX URIRFS AW NK MREBY OLbCA1lD t0 M 0TY a AIDIAWI WON MC RE(ORgxG a 1N5 RAT. I EREBY CLRIIFT THAI RIIS PLAL a TERRACE NEW TOWNHONE9 li BASED OH AN ACNAL SURKY GONE BY NE OR UNDER MY gRECi $UPERKSION: HAT THE BEARINGS AND DISTANCES ME SHOWN CORRECRY, MXAT ME PERIMEtER MONIRlExi2 HAVE BEEN SET AND MAi ALL OTHER MONUMENTS ANO LOT CORNERS HAVE'BEEx SET OR BONGED W1H THE CITY qNp WLL BE SET PRIgX TO THE PLEASE Q ME BONG; THAT 1 HAVE CWPLIED WTH ALL CONFRRMS TO THE APPROVED PRELIMINARY PLAT AND ME COxCITI0N5 THERE D APPROVALS FINANCE DiRECIIDRS CERTIFICATE I HEREBY CCRIUY MAl MERE ARE NO DEVNWExI SPEpW ASffSE4ENt6 FOR XHIW ME PRWEgtt WBJCCi TO MIS SUBgNSIW AY BF uABIC 10 IHC CITY AND Mai AlL SPEGAL A95ESSMCx IS Ox Axr PRaEgIY HCRDN CWTAW[O pE01CA1[0 AS 6TPECIS. ALLEYS W f W ANY OMCA PUBLIC USE NAK BEEn Pup, SAnfiEI[0 OR OISCxAgCEO. Tws ___ oxY of ___________, aoo_. AUBURN OIREGiai 0 FIxANCE CITY ENGINEERS CERTIFICATE I HEREBY CFRREY Mat Mx5 F1xAt PLAT 19 IN CWPU1xR Wlx ME RflnNCAIE a WPROKM[N151SSUE0 PJRSV1xT 10 A.C.C 1)08.020, NXO 1S CON4SMNI WM All APPIICABt[ GIY INPROK4ENi SIAHOAWS ANO R[OLIPEMENTS M FgRfE W MC DAtt a PRELMIxMr PLAT APPROVAL. MIS ___ DAT a __________. 100__ AUBURN CITY ENGMEER PUNNING DIl2ECPORS CERTTFICAT'E I xEREer cERnn ox mm ___ o1r a _________ 3W__, Ix1r 1ws Nxu PLAT is w WBn.NnAL confoa4ANCE WM ME PRELIAIMARY PLAT Axo ANY CONDIBWS Al1AGIE0 infPETO, wHlCx PREVMNMY PLAT WAS APPROKO BY RESWUnW xUMBEq ______ a ME AUBURN GIY CWxOI W ME ___ DAY a _________. 100___ AUBURN PLANNING DIRECTOR APPROVAL EXAMHED N10 A-PROKO MIS ___ OAY a ____________, 3W __ FURWPHI TO tl1Y ORpINANR HUMBER ______ Ap[PiCO BY llE AV&RN tlTY CgMtll W MC ___ DAV a ____________ 3W__ AiiESi: MAWR AVBUgn GlY CLERK PIERCE COUNTY ASSESSOR /TREASURER I HERBY RRTr MAi Ail S1Att ANO CWxiv lAttS x[11[IaWE LEx[D ACAwSi MF FRaFRir a5ceBE0 xERGx, ACCceDWL TO M[ BOOxS 1W RCCGDS a 4Y aRa HAK BE[x RRLY PAID AHD OISOMPRD. ASSESSOR/TREASURER PIERCE CWNIV. WASH1NGi0N. DATE SURVEYORS NOTES I. BASS a BEARING: N 00')1'15' [AST FOR txE WSY LW[ a THE xW1NW:5T OUIPILR a fff RAMC[ 5 EA51 a Mf MLLAMETIE MEXAAAN AS P[R RECORD a SURKY FOR BWNDARY lWC AODSiu CWXtt AWI1W'S RF x0. 1W10319W16. }, WRKY CWMW WAS P[RFatM[0 BT MLO TRAKRff U9NG A ]' IOTW SIAnOH WM A IDS RAN F~LO n01E2. ME RESULTWG WRKY AS WOYm xERCw ufE1S AW [xR[OS IxE 1CNRACY PEWNEMI A I ISMAnK CW[. PIAPRR 3]}.I)GO90. ). ALL l01 AW IRACI Ca+x[R9 xAK BE[N SIAx[p WM A 1/3' PfBM AND CAP SIA4Pfp 'PWSU ' LANDSCAPE NOTE xE sH[n s a s FDR xOR P[cARgxG afvR LANOSCAPWG LWAI PRaouo alr-am1EO WATER PDUr sMnW FAalrr (MAGI 9rt. EASEMENTS AND RESERVATIONS AN [Aff4fN1 IS HCREBT REffRKD Fdl IW CWKKO 10 PJR1 SOWD CHCRCY DMf51 WYYUWCARWS, ANY CA&E 1C1EN90N CWPAHY AND ME q1T a WBIJRN. AHD ALL l01 ce MAGI OWKRS MMIN MI5 PIAi ANO Mflft gEPECTK WCRSSORS AND A54GR. UW[F uD UPW Rd [XIEMW Rx l10) E[F1. PAR1llR wM ANO ADJOwxG ME SMR1 mW1Aa a All L015 Axo MAC15. IORMER WIN All ffY4R, STGX1 AHO WAI[R EAffMEXM 410WI HfR[W, W Mnp110 MSllll, LAY CONSTRUCT, RENEW, aERAtt, 4Nx1ta1, gEPAIR. AEPLAa ANO fnIARGE UNRPIRWND PIPES, CWDUNS, CABLES. WRES, WARq 4EMPS. FRE HxARAN13, SAMIMT SLXER 51RIICNRES AW PRVATE SIgW ORAwACE STiNCNRES AIWG WM 4L x[RSSAArW CWKNANI UWCPGtWXO W GRW W-4WHrt0 IPPIMRNANCfS MEPEiO. FOR ME PUPPOff a SCRNNL TW5 91BDM9W A"D DINER PROPERTY WM [K<MIC. 1[RPIDNF, GAS, CAdE TV YRNa, 5AM1ARV SEWER, WAMR AND O1xER URIIY SERNCF ANO PPoVAtt STgXU ptuxlR. . 10(ETMER WM ME PKNT i0 fxttR W W MC LOTS, MAC1S AND SPACES AI UL iMES FOi ME RJFPOPS xEREW ST11E0. 3. MER E1SE4ENT5 CNRFfO UPON Tce TKP Pll/POffS SHAH 6E FESTORED AS xEAA AS Po59BIC t0 THEIR WgHAi CWgnW BY M[ URLIIY. XO UNES pR WR[S W MAH9A154W a ELECTRIC NRRENT OR Fce ttLCPNW[ UP ce CA&E 1[LEN4W 91111 BC 0.ARD OR PERMtttD i0 BE PLARD UPON NIY L01 W M1<I UKE51 iNE SA4F 91ALL Bf UNRRgialND OR IH CONgAi ATIACHCO 10 A BIXLGNG 1. A P[RPCNN Na1EXQU4K EAPMENL UWfR, aKP, MRgWx AW AapSS LOT I AS 91OW1 W 41EfI 3. ANO WRR OKR. MRWGN AW AatWS LOi 26 AS SHOMN W M[Ei 5 NEMW, 19 N[R[BY RESGKO FOR ANO GRANrtO 10 IxE tltY R MIWM1 ('ME O1r7, A uU11GPW CORPORABW a XIHG CWNTY. WAWMCTW. ITS SuCRSSatK AW ASVa15. ice nK PIRma a IArxO WAY B.MK, RESIRMT W IYPEW ACaSS A N IMPEDE FULL UR OE MC REAL PROPERTY WMN a M[ Cllr. WM LILY PERMSSICW, LOl I dR0 L01 ; uff4Exr PROxao MAl A c1tt Is coxsmucrto w NWO i0 Mf 01x. HO E%CAYARW YAIIE WRN iHREC (]) R[T a 510 SiaWWATER UTAl1Y IACNRfS IHO M WMAC[ l[KL a 1NE (5W W WMM Mf AREA 91ML BE NNNTNN[0 AI ME EIEVAn W AS CUNKHRY FUSING LOT I AAO LOi }fi AOgnWAILY ceuxi TO ME 91NL R[IURx ME WXWFRTV 10 A [ONgnW AS REASOX H1RV AHO/OR WXN WAS 410E TxERFW BY ME Ott OR 44RL HOT CWKY TO A nWD PARIT M'Y GAKNI OR tl1YS USC a ME EAff4fN1 AREA. PIERCE COUNTY AUDITOR FILED FOR RECORD MI5 __ DAY 6 ____________ . 20_____, AT_________ MINViES PASi_______ Y. RECORDS OF LNE PIERCE CWNTY AUDITOR. TACpAA, WASHMGiON. RECGRDING NDMDER ________ ___ . JOB NO. 2006-ll1 PIERCE caNTY AuoITLR P 7~ ~ll SURV£YINfi INC. P. 0. BOX 110700 FEE TAf'(1M1 Wd. GRdI' ~ ExP PS: I/l0% A GARY p. LEi2RING P.LS. N0. JB013 DATE TERRACE VIEW TOWNHOME,S sI~ET s of s A PORTION OF GOVT LOT 5, (THE SO[ITTiWF.ST QUARTER OF THE NORTHWEST QUARTER) SECITON 6, TOWNSH~ ZO NORTH, RANGE 5 FAST OF THE W.M., CITY OF AUBURN, PIERCE COUNTY, WASHINGTON -----~ -----~ I ~~_'. 1 ~I GRAPHIC SCALE (IN FtCf ) 1 min - eo r4 ~~ .1. P.11. !l3 ~DJ.~-7-Y?3 / ,_ / i I/1'REBAR \ GED CAP 0.1'N OF ~ y' oslnoN r ~ '~/, ~~ c~'y~ ~ ~ n 45 gg ]]0~~ ' 3g ~~~ y` ~Y`~~ _-_ ~~/ Y p~ I ~ WND SURFACE BRASSIE 'DPN', 10/15/06 N 00'SC51' W 616.59' FAST VAIlLEY HLCrEiWAY FA.SI' ~ - - - ~I"- s3 n ~ NEST BNC OF SECDON 6, iOMNSNIP 10 NptiH, RANGE S EAST, W.M.\ ~ __ __ ___818.95__ I. L__ J01.70_ N 00'31'15' E - - - - - - - - - - - - - - ~ALWATED POSIDON OF - - - - - - - (fiA95 d eEANxcI 1715.39' CLOSN9G CORNER, SEARCHED FOR/ (2125.91' I/1 E6R ro 00SWC twJ NOT FWND HELD P09110rL PER FWND 7'BRASSIE RI (N 0'31'15' E - 0.51' OF WTERyCnp!) DDMN 0.95', W 1, SEC 6, L.S. - 191 LEGEND LOT ADDRESS TABLE ~ l~ ~ FWND NWUMENi AS NOTED n ® ( I((Jfff CALWLATED POSInW II ll • OENOIES CITY OF AUBURN STANOARp MONUDENT SEi FOR iNIS SURVEY O FWND REBAX/1RON PIPF AS NOTED (RI) RECORD Of SURVEY UNDER AF.N. 200103295016 y t.. LerZ F % y o ~. v Pi_ LOT ADDRESS l0T ADDRESS LOi ADDRESS 1 109 60TH ST. SE. 11 fi122 ALE%ANDER PL S.E. 41 6019 ALE%ANDER AVE. S.E. 1 III 60TH Si. S.E. 22 6126 ALE%ANDER PL. S.E. 42 601] ALE%ANDER AYE. S.E. 3 1IJ 60TH Si. S.E. 13 6118 ATE%ANDER PL. S.E. 43 6015 ALE%ANDER AYE. SE. 4 115 60TH ST. S.E. 24 fi130 NE%ANDER PL S.E. /4 6106 ALE%ANDER AYE. S.E. 5 121 60TH Si. S.E. 25 6131 AlE%ANDER PL. S.E. 45 6108 ALEXANDER AVE. S.E. 6 127 607N Si. S.E. 26 118 6151 PL. S.E. 46 6110 ALEXANDER AYE. S.E. 7 125 fi01H ST. S.E. 27 116 6151 PL. S.E. 47 fill2 PLE%ANDER AYE. S.E. 8 127 fi0iH Si. S.E. 28 114 6151 PL S.E. /8 11J 6151 PL S.E. 9 131 60TH ST. S E. 29 111 61St PL. SE. 49 115 fiIST PL S.E. 10 173 60TH Si. S.E. 30 108 61St PL S.E. 50 117 61St Pl. S E. II 175 60TH Si. S.E. 31 106 61ST PL S.E. 51 119 fi15i PL S.E. 12 137 607M ST. S.E. 32 104 6151 PL. S.E. 51 611] ALE%PNOER PL. S.E. I7 6102 ALE%ANDER R. S.E. J3 6119 ALE%ANDER AYE. S.E. 5] 6111 ALE%ANDER PL S.E. 10 6IOd ALEXANDER PL S.E. 74 6117 ALE%ANDER AYE. S.E. 54 6109 ALEXANDER PL S.E. IS 6106 ALE%ANDER PL. S.E. 75 6115 ALE%ANDER AYE. S.E. 55 6107 ALE%ANDER Pl. S.E. 16 6110 ALE%ANDER PL S.E. 36 6111 ALE%ANDER AYE. S.E. 56 116 607H Si, S.E. I7 6112 ALE%ANDER PL. S.E. 37 6109 ALEXANDER AYE. S.E. 57 114 fi0iH Si. S.E. 18 6IId ALEXANDER PL. S.E. 38 6107 ALEXANDER AYE. S.E. 58 112 607H Si. S.E. 19 6118 ALEXANDER PL SE. 79 6105 ALE%ANDER AYE. S.E. 59 110 60ni ST. S.E. ~ 20 ~ 6110 ALE%ANDER PL S.E. ~ 40 ~ 6021 ALEXANDER AYE. S.E. ~ ' P ~'~ SURY£YR1fi INC. P. 0. BOX 110700 TACOMA XA. HBbll FOR LEGAL, DFSCRI['fYON, DEDICATION. NOTES E '°° LEO eAxL~E 253 aoa oae43 AND APPROVALS. SEE SHEET' 1 OF 5 JOB NO. 2006-ll1 - TERRACE VIEW TOWNHOMES SHEET a OF s A PORTION OF GOVT LOT 5, (THE SOLTIHWFST QUARTER OF THE NORTHWF~'T QUARTER) SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M, CTTY OF AUBURN, FIERCE COUNTY, WASHIlHGTON iAACT A PER RECORDED WLR.ANO IQAIORANOVN OF AOREENENi A.(.N. 100.b8280171 E ^i / LxE 177 ~r afiu~l9roc ure,cx Imx ~ I ~ )~ 5323717E ! 13 32.97 U5 I ~, _ .A~ M1 ,, ~u`'e ~0 / t2 ~ / Y g 'Q o• ~.. x~~~ _ '~ ';~"P v GRAPHIC SCALE b 0 IS b 6U R.10960- - _ _ ds~ y111d ~ nclN FEET 1 1 i h=30 (l. ~~ ' j L~9 ~ aL~. J~, ~ x99 `'s. R. )5.00 I ; L=59.13' N- .11 ~,. i •0.\99 i e-15'1131' Lzo g ~~'W5r 1'ssy, /~~ 's. ~}5.a~ L26 ~, 9 I ~ 6 iii/ 6{ Y• o I 5:11• 1?+qf s. 'j1 ~ ~ ~ r l 9/ ~:W fi ~ a >? ~ I 5 J~. a,. or/ 8 ~ .y TR4CT F ~ „ yy W ~• 1 ~ S7JDt't6'w ar~~~. C19/ 70.t1' y~ pro' 82LK• -I lo') .~ ~~ b6 li 4 zs n' = I xoovJ'I; w ~ ~ tp' ~ I I D`. 1 ~ 77.07' ~ ~ I a = I saoroo'ao'E I R ~ ~ ~ ~ a ~ ,; ~ ~ 79.91 f®S F - NOOUJ'11'W a ~ pL'11 3 i ~ ~ a I n.oJ' S8 a $ 44 ~ soom'oo'E ffi s I eo.o+' I a a l xoom'u•w ~' tl ®~ _~ ~! SOOiq'OOY I ro ~'~^ e ~ I ~ ~ ~ _ I ~ e N- 8319' I ~ 0 15' 17 ~ N0171'1YW 76.19' _ _ _ _ ^I ~ ~ j I ~ x~K„ia,:"aa:~xa~yl n s cle 7ppCT 6 6p I,e• ~ NOOT70'OOY tl CI I ~ lo~ auauc um n us[urxl 64.%' z '^ ER AVSw "~ ° TRACT 9 N' t -116.9fi ~ ~ ~ 9 12.97' ~ - 1 ~~~~~ •t~. ~~~ N02'31'21'w 279.93' ~ N la' w9uc anon usiurxl ~^ G' %•~ L11 ~ ~G 8 11.89' 31.10' 72.10' 7riACfA ~~j e~,``0~j~ 17 TRACiC~ 10 __ _____ ___ ____ ~ ~ b ~ ~ Noo1>'s6'w t z~z ~ / ~ 43 ~ ~ $ ~ ~ ~ Ed5 m m C1 - `~ ~ ew ~ _ TRACT J e ~ R ~ ~ R=11.00 R=1200 + 15' __ \ 15' ~ m m g __________ 5{ L=1617'__ ___° ______ ________ _____________________ ~___ ~ slrors y-ice _________ a` L 1873___ °' '~ ;~ M12'16'M 6.117'13'76'1 anam'e'uxurxl raa umn6s inxro z z ______-rnxu[xr q__a'a .r.x. :aian.rms9 _______ z __569'17'.j5'E _________ S-______ _ ___________ ia~umnr ~p _________ .73 + ,81• `~ ! 11.89' J2.IY ___7111' rra Arx. lroswlwcss - n13 - m mr3910'E sss.ss' P8;1'f18L JP 7;l:187 ":f" II ~, ___________________Issxe1'_x) ______ (rtn AFx 1a61911b699) ~Xi ______________ I~ EAST I1NF PER A.F.N, 100101110699 ~I I yegll EAST VALLEY HIGHWA7l ]E 0{ I I N0031'S1'W 97.12_ - - ~ _ Poo . ~ p o« cz FOR LEGAL DESCRIPTION, DEDICATION, 9~~r; ~ ts,ea~,a'`¢ NOTF5 AND APPROVALS, SEE SHEET 1 OF 5, ~,~, ;~,a/_ FOR SURVEY CONTROL, LEGEND AND JOB NO. 2006-1ll ADDITIONAL RVFORMATION SEE SHEET 2 OF 5. CURVE DATA CUR4E RADR15 LCNGM OCL7A C7 2100 N.56' 89'59'10' CI 50.00 77.77' 1J~6'S6' CJ 100.00 1 . J' )i)0'I7' CI 11.00 19.61' 8075'17' CS Bs.00 J.JI' 1'1!58' Ct7 50.00 10.00' 1530'17' C18 II.00 IB 15' 771'11' LI9 75.00 2.77' Jfi']6'1/' C10 7500 II.91' 19'X1'06' C36 50.00 1.11' 0187'00' C17 11.00 1.1; 1636'16' _ LINE DATA TERRACE VIEW TOWNHOME.S sllEixr a of s , A PORTION OF GOVT LOT 5, (THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER) SECTION 6, TOWNSH~ 2Q NORTH, RANGE 5 EAST OF THE W.M., CI1Y OF AUBURN, PIERCE COUNTY, WASHINGTON ~ r ~. t5 to ,~ r n 3 .~ ~ to 3 _ °:1°I-065•°- o-9v1e_ a CURVE DATA - ~ trIZ11'L°' LI ~~ -_ CUNYE NADIUS LENGiM DEl7A 19.9J' -' - _ _ 0~'I~ r'uNr CI6 II0.00 16.81' 'I6' ' TB B9' '- rlsfb[xi C25 50.00 7.51' ')8'07- ~~""" ~~ o ~ LINE DATA s - -~~ rp~,'~ R=75.00 Nri}__V~ Rglpj ~~' ~,+ ® LINE BEARING DISTANCE d=IS'll'ST' rv JOE r76.p6- ~ ~ lT NIIlB'JOY S.JB' ~ ~ LJ N02'JI'11•w 1.7Y ~ /}}0~ s. p•xiro_- CZSrZ IB' 7p~~ ~ LB NOI}9'S8'E 19.98' M1 L•».6' _ _ ~ L9 NOI}9'S8'E I .99' i aS~,~1 ~bNV9'IS' ~ . _ Q !" 55 ~ 5x9 °m~r"ryu[rvr ~ ~ ~ ti ~ r 52 ~ Z ~g ~ TRAC7 F ~ ~ y~ ~ ~ ~ ® ""m~svt ® S ~ p~ e>, a '~ a z , ~;I.r91 ~i NOI l9'SB'E ~ t5'tt[.W WARM SIa1Y afxwx°E unlrr/~%. \ ~ Nwl ~ $s' T5.6J' LB L9 EAS[NFNi PER Afx \\ " T6sY 't9.9B° -r9.9e'- GRAPHIC SCALE i e 2 a anf as Lue rs €. \ ~ sa o Is w sxOxr RL•r x[coxao uNaR \ ® ~ 44 45 46 47 Afs. Tao3o7as9ol ~ \ ~' \) e a ,o , m °rN~, ° ~ r ~ .~,; , ~/ ~ ~~1 +EK~ ~~rr~l¢~~~°~~pp1~~97.r9~}2,,' 19.97' 19~..91p ~° 9.. / y~~ - S~. ~ ~ 'TF gg. A~.ICJiltluauyER AVE. S.E ,v ~ 6~~~ `"" / / ~0h 116.96' - - ~.85.La ~d' ~, l~~ ~L~~. ck'ei R' NOTJI'2I'W 139.97' L.11`~9.5y ~ ~ 8~0~ },Lti1j./~ 3y`8~g6Y'_+ n p.t ~a,\4 ~ a]. ~ ~ Jto ' r ~ ~~~.$dr_ r 25.05' J2.10' 32.10' 10.88' CI6 , ~ ~ ~ ( r ~~ ~ ---__ a 15.05' ~- _ _ ----_ --- LJ t ~' --- -----min Anxurwr 1 ~'~ t 34 ` n° ~S; at s 40 ~ ~° sa 37 ~ 38 ~ ~ 28 L~ ~ ~ ~ m a m ~;~ `ff~ ~~r ~ >w W / _ '' a a ~ ~ ~, ~µ ---------~------= -------~ ------- o--- ----~--------~~---------- ----- ~ „` m r ~. ---~ ----- -------- ~ r-. MOi93INfi9 - ----- _ -------- ~ b 3 r~ P~eai ~~ usix[xr ra unlrcs uo sLatt: P[x - \~g~ h 15.05' 23.06' S2.IY J2.10' J367' J9.16' '~ 501'J8}0'E 555.36' ~u,In~n ur racer ~:c° (SS6fi~-n0 = 5 ~LRxrx>oolor:,N9,1 ---- -- 30 ---------------------- EAST LINE PER AfN. 200tOT2.10699 \~C"'~N' EASEMENT DETAII. p°' unnr usu[xl 9GLE I' = JO' m Ar.x aam°nsaw EAST VALLEY HIGHWAY E ~.~~ N 005(51' W g -- - - -~-- -- 82 € `+86 ~ ~ ~r 19vnu1r us[x[xr 35 34 la R[R xr.x. :msonsofiv __ _ ~~ ~ I [s xA9 NiQL'I.'e e4AEN1 ~9Rimnn+M aNL kOPES`/ /~ ` 51A I°rfiAM ~P . \ n\.VL._ __~ OIYI: M501 L S~ 4~y°7 x H/r,C FOR LEGAL DESCRIPTION, DEDICATION, ~z`o NOTES AND APPROVALS, SEE SHEET 1 OF 5, 9°`F, Re~~s,eR~O,a~` FOR SURVEY CONTROL, LEGEND AND ADDITIONAL INFORMATION SEE SHEET 2 OF 5. ~'"" '~'°~- JOB NO. 2006-Ill TERRACE VIEW TOWNHOMES SHEET s of s A PORTION OF GOVT LOT 5, (THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER) SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M„ CITY OF AUBURN, PffiLCE COUNTY, WASHINGTON NOR: MC OANEF/OCKIOKR p' 1FFRACE NEW iDWNHOMES MLl COOROMATE MiH )HE CITY ON AN ENNANCEO LANOSCAPIxG PLAN FCP CITY ENGINEER APPROVAL (OR PURPOSE tt SCREENING THE PROPOSED Clir-OM.'CD WATER PUMP SIAROM FA<0.1TT USING TREES, SHRUBS AND GRgINDCOKR IN ACCORDANCC Min CITY ~ 6TANOAR05. INIS ExHAxCEO LANOSGPING SHALL BC LOCA1f0 MiNIN Mf RILHi-OE-WAT AREA BETWFCN ~y ALC%AHOfR PLACC ANO ME ENTRANCE i0 THE BELAflA APAFiMCNT COMPLE%. EAST a< TM Plai. MC OMNER/OEKEOPER O< 1ERRACE NEw rovmHOMES SHALL MSiALI ME LANDSCANNC PfR iH RROKO PLAN ANO iHC ONNfR/O[vEIOPCR OF 2RRACC NfW TOWNHOMES SHALL BF RESPWSIBLE CDF MAwiENANCE D< iNE CxnxxttD LANOS[APE AREA IN ACCOROANtt Min MF CCkF'S COR i(RRACE NfW tOMUnOM[S; PFOHOfO HOWEVER. Mf ONNER OF BELARA APARIMENiS (LOTS i ANO I M SNORT Ptni RECCRDEO UxOFR APN. N!l0039~ L~DSCaPC AxCA AiSLNOi MAINTAINEOiBrOiHEROMJER/D[IfNA EREOf LCRRACE NSEW i xNnOME51Nf ERFNi ME z 19.81' vFLOP 78.88• 7$Bg• LCS xAq 20 19.91• 'Aaa GRAPHIC SCALE ~ ~ ~ m ~ 19, 9J' IQ B9' 65535' l aYO~~~t JD B 5 JD 60 .'Qi :. ~ ~ R^ ~ 23 24 25 ~~~4x w RR 571 /ger c/i. 7 ~ ~ IN FEET ) 2 ro o .R ~ F qyt.~ Nlh Egly /1' ~ ~ t inch = 30 Et. w~ui°~u i m m ~' h ~Lr 1 /~i rxr _ °~ I ~ s91• '-- TRACTD ~~" p ~ ~~ ~AAAA~~~~~~W~ 1$88' -~-- ~g 3)y& ~ / ~ -~RY./I 1$89' -----~ _ e~ tlr / / _ - ~~ °~~ 19.9t' 1893' -- -R. ~~~~gl+ / / 19 M - rv Rpm ~ ~ p~ ,JO _ t.,k M 8i x/ N117B:10'f I)$~ _ 0.j~f~. ~ z~y' _' jn u~ml __ z)sl's ,~ ~,' R=55W ~tl~H = SOTIB'Dl Ahi _ L=18.11' >~ ~ ` / 37. r A ' ~~. NI/7B J0Y by ~ of^-°,I3_ I H1 l , ~__ ~ ~ ~ ^ fin ~ 17Bj0~ B~ C11 I PUDUC naRM J~" ~ ~ ~ CRAINALf CAYMENT ~. U. j) N~ .~ I ' ° ~ ® .~ Wi n' N tC11 ~ (CITY DE AUBURN) L= 1 y N )~ Y h L. $! ~ I ~ ~ cp ~ ~ ~ it ~ R _ J . B N115557r II0 ~ 15.39_3' ~ 97 I: so B5. I - ,~ ,. ,-- ~~ ~ < 5~,. 5 v 7 ' ' X0119'58•( ~' ' 'a NI °EAmF ~rvr ~ /' W 15551Y I a+ °~ ~' ~ ~ ~ 4 a N ~ ~ ® 27.12 ' T6.3J' ~ ,~. ,b> ' ~ B7. J1' I EsY ~^ e`. I N/13Bi0r / ' b 107 BB' ~~. i 1, `b! N/75sy I w 27 ... q ! \ a 1 f .~ 47 5{ ~ .~ N/I~ p I ' I I 19.1 ~ s' a I a T 9$ss, r 'A c ~. d~ y 6 zs / . ` ~;:~~ 7 ~ ~ ~ ~ /y ~ / Q~~~ // lf /Ly ° / ~'` Nl15ga2 95+r di t ~~ ta b ~"s~¢ N6$p ® ~ / ' / o ~ °~ ~~' ? o g C ~ TR4CTH / ~ /' ~ gr~ a g,~~o / R=159 50 y Q+ ~/ ~ / " 't'1 ~ `% / ~ _ _ - o _ _ ~ 16.17' 17.50' . , J ~I C21 8 yl:~ ~JO~ k~~ a {/d?. S 1.176.60' / R=85.00 / n ^ ~ '2j7/' Q g ~Y ea^ .8 d=3/'19'2J' ~ ~ • / LEa `"' ~ 1=110.52' vd ~ " ~ ~ b7179'S9' a ' ~ ~ 1 //i `~ ga a'(/ / ~ ^ ~ / / ,?8 1zy~ / / p`,P'P A AVE .<Ir. '110E1L AA1AD) 5 / ~ ~ ~ A /d 2' ~/!7 n / ID O N 01'71'21' w ~ ~ }_- Tod P @~,d~ Nz9~,Po ~ ~O'~ik' /%,RR „` ` q /~ / ------ ~ r'ew ° \ ~. ~ ~ ,Py ~ m JBJ• V 7A ~%~ W n ~ / ~ +~ !~,~,~ ~S ~I6a ~ SEE SHEET 4 OF 5 FOR ,yob e 9A" a zz ~ C~ / EASEMENT DETAIL 1U;T11:JJ U? 7:1:19.1 ":S--'"~"°~"=_ISSS.u'=RO - F rya AEx molmlmn) EASt LINE PER A.F.N 30010TI.NK99 F+AAST VA6.u.JC.B HdGHWA~ E CURVE DATA CURYF RADIUS LENGTH DELTA [B 159.50 1 156'31' c9 21.88 za' n ' CIO 11.00 SOY 131176' CII 159.50 t .1 ' 157'7/' L11 30.00 9.90' 1651'00' LIJ 70.00 IO.II' t97i'IJ' CIA .70.00 16.19' 66'17'75' CIS 110.00 1575' 759'78' CI6 110.00 16.61' 8'16'17' C1I 15.00 IJBO' 51'31'58' L11 IS00 16.10' 77V7'II' CI7 60.00 11,15' 11'09'17' CII 60.00 55.86' 5770'11' C15 19.50 060' OIYS'S6" N OD51'S1" w -' a _ `l'/Sg~:/. Io.w' I ~ ~9i ~ ~ ` ~b':i~ [ I ;o; A%S,a °~ z A I ~I I emssvitry~ / ~- ~i ; \ ~"~a ' ~ a~ I R.19.50 ' L=19.61 o=8659'19' I wR MON32~96~ON / .._ 8 5Ni 1 / 1 LINE DATA LINE BEARING DISTANCE LI $77tl1'10'E B.IB' l5 577111'IOY 6.R' l6 $877$'79"X' 1.01' ' L7 581'IBY2'E 10.56' LII S77UI'10"E 1,71' LII 57791'10'E II.BI' 9. LET2 FOR LPAAI. DESCRIPTION, DEDICATION, S UF~yC AorssRfc STIEM1R Sg'~¢ NOTES AND APPROVALS, SEE SHEEP 1 OF 5, E~,~, ;na FOR SURVEY CONTROL, LEGEND AND - ADDITIONAL INFORMATION SEE SHEET 2 OF 5. JOB NO. 2006-ll1 //i 1 ~ V' ~~ ~ ~ ~~~ ~ ~~~~ __T. ~~ `~ wASHI~cTOrr Planning, Building, and Community Department MASTER LAND USE APPLICATION- PLANNING APPLICATIONS Project Name t Eft ~l1Ek! T~~/^L1-~d-y(t-= ~: Date 101~~OC~ ParcelNo(s) ~SZd~~o`2`r~-8 Legal Description (attached separate sheet if necessary) SCE A~ (~C<-~ED 51~~ ~- ~F~ J~- Applicant Name: GAY ~ LE~ZR11`lG- I~i~12M SURVL:~II~.1C-~ Mailing Address:. P,D« BoX 110'100, TACOMA. ~ W,t~ gFj¢~ Telephone and Fax: Z53~ ~¢' ©483 / ' 253 -404- -448~- Email: G7L 1"ZFZ~NCnQQ21ZMS~R~~Y-NC1.Gor1 Si ature: Owner (if or than o eat ach another sheet) Name: TEKfZA~E ~/!E~-./ R2DP~fZfiES, 1-LC Mailing Address: 19(00(0 ~E ZSZ~-o~ STtZEE -'~ Cd~(~~lC~ ~o~l,~fA q~ Q42 Telephone and Fax: 253~~31-8290 / z53-lv3Ca-970q I~E~ IVE® Email: ~-oi~iCC~KC-~.~t7~,1/PA~1~~41C~.COt~t Signature: ~i/ ~,...~-----' Engineer/At ter Qtr ~ Z~~s Name: P~.CIt`iC_ ~-1C-~1i,1~~l~tC~P€SIC~~~ lC,~. Mailing Address: 4~t8D L 1 N,O AvE,' SW., K~ITb-~I, ~/,~ Q8D55 ~l ANNING D PARTN Telephone and Fax: 4Z5-ZSi -~ I t /~Z~ ~ 251-8 Email: ~tAPSE C~ Description of Proposed Action: 59 CoT F"o Kam- PLAT' T e of A lication Re aired Check all that A I Administrative Appeal* Short Plat Administrative Use Permit* Special Exception* Annexation Special Home Occupation Permit* Boundary Line Adjustment Substantial Shoreline Development* Comprehensive Plan Amendment (Text or Map)* Surface Mining Permit* Conditional Use Permit* Temporary Use Permit Critical Areas Variance* Variance* Development Agreement* Environmental Review (SEPA)* *Please note that public notification is Final Plat required. A separate cost is charged Preliminary Plat* for the signs. City prepares signs but PUD Site Plan Approval applicant responsible for sign posting. Rezone sites ecific Page 1 of 2 1-~~8~ ~ MORE THAN YO"U IMAGINED ~,* CITY "OF ~` =~}; ~w:`~ y.. ,~` wASHiNC~r©rr Planning, Building, and Community Department LETTER FROM PROPERT OWNER GRANTING AUTHORIZATION TO ACT (A copy of this letter must be submitted for each property owner involved) I, JU~ C~1~ ~T1-~-'l _, being duly sworn declare that I am the owner of the property (PROPERTY OWNER) Involved in the application. I hereby grant of ~(_~~~j/~~ ~.[~~ ~ (' to act on my behalf. I further declare that all statements, answers, and information herein submitted is in all respects true and correct to the best of my lrnowledge and belief. 1~-~~ Date ~~~~~~ Address ~3` r Subscribed and sworn to before me this J 7~' day of t~c..~h ~-- Zo~G Notary Public in and for the State of Washington, ,,. Residing at ~~ ,,;,,,c- RECEIVED O C T 1 7 2006 PI.gNNING DfPAF2TMEN~ ~XP /z-/4 -Z ooh ~~~a~~ru~,~~r `~~~ 0, B lA /s-~ ri~i ~N~ ~Q w ''•.NOTARY QJ~~~~ °0h~~~i~~~~~~ Page 2 of 2 AU$URI~t * MORE Tl-iAN vOU IMAGINED Form No. 1068-2 ALTA Plain Language Commi6nent * ~ ~ ~ ~ ~ ~ € r °~ Commitrnent No.: 4261-681545 Page 1 of 10 FirstAmerican Title Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn - (253}71-1234 Fax - ESCROW COMPANY INFORMATION: Escrow Officer/Closer: KIM V. MILLER kmiller@firstam.com First American Title Insurance Company 3866 S 74th St, Tacoma, WA 98409 Phone: (253)471-1234 -Fax: (253)471-5540 Developer Services Fax No. (253)671-5802 Shari Workman Vicky L. Willis (253)671-5824 (253)671-5834 sworkman@firstam.com vlwillis@firstam.com To: SBI Developing LLC File No.: 4261-681545 PO Box 73790 Your Ref No.: Puyallup, WA 98373-0790 Attn: COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. RECEIVED OCT 1 7 2006 firstAmencan Title PLANNING DEPARTMEN Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: September 15, 2005 at 7:30 A.M. 2. Policy or Policies to be issued: Short Term Rate Commitrnent No.: 4261-681545 Page 2 of 10 AMOUNT PREMIUM TAX Owner's Standard Coverage $ to follow Proposed Insured: SBI Developing, a Washington Limited Liability Company Construction Loan Rate 4. Extended Mortgagee's Coverage $ to follow $ Proposed Insured: to follow (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Terrace View Properties Limited Liability Company, a Washington Limited Liability Company The land referred to in this Commitment is described as follows: Real property in the unincorporated County of ,State of ,described as follows: A portion of Government Lot 5 of Section 6, Township 20 North, Range 5 East of the Willamette Meridian, in Pierce County, Washington, more particularly described as follows: Commencing at the West quarter corner of said Section 6; thence along the West line of said Section 6, North 0°31'15" East 1321.65 feet; thence along the North line of said Government Lot 5 South 88°57'32" East 624.77 feet to the true point of beginning; thence South 11°00'59" West 655.35 feet to the North line of the right of way of Lake Tapps Parkway East North access ramp as conveyed to Pierce County under Recording No. 200102230699; thence following said North right of way line in a general Westerly direction to the East right of way line of East Valley Highway East as conveyed to Pierce County under Recording No. 200102230699; thence following said East right of way line in a general Northerly direction to the North line of said Government Lot 5; thence along said North line South 88°57'32" East 498.91 feet to the true point of beginning. (Also known as Revised Parcel B of Boundary Line Adjustment No. 200103295016) EXCEPT therefrom that portion conveyed to the City of Auburn by instrument recorded under Recording No. 200305211190, in Pierce County, Washington. APN: 0520062048 tirstAmerican Tili'e , Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE B SECTION I REQUIREMENTS Commitrnent No.: 4261-681545 Page 3 of 10 The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releaser(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS PART ONE: A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. Fi~stAmerican Title Form No. 1068-2 ALTA Plain Language Commitrnent SCHEDULE B SECTION II EXCEPTIONS PART TWO: Commitment No.: 4261-681545 Page 4 of 10 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for unincorporated Pierce County is at 1.78 %. Levy/Area Code: 741 2. General Taxes for the year 2005 . The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 0520062048 1st Half Amount Billed: $ 726.06 Amount Paid: $ 726.06 Amount Due: $ 0.00 Assessed Land Value: $ 104,600.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 726.06 Amount Paid: $ 0.00 Amount Due: $ 726.06 Assessed Land Value: $ 104,600.00 Assessed Improvement Value: $ 0.00 3. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Terrace View Properties Limited Liability Company, a Washington limited liability company Grantee/Beneficiary: Safeco Credit Company, Inc. Trustee: First American Title Insurance Company, a California company Amount: $800,000.00 Recorded: January 3, 1997 Recording Information: 9701030438 Includes other property Question of the effect of Release of Lien recorded under Recording No. 9906280123 in connection with said Deed of Trust. If said Deed of Trust has been paid in full, such should be evidenced by Reconveyance of the Deed of Trust. FiistAmerrcan Title Form No. 1068-2 ALTA Plain Language Commitrnent Commitrnent No.: 4261-681545 Page 5 of 10 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Terrace View Properties Limited Liability Company, a Washington limited liability company Grantee/Beneficiary: Frontier Bank Trustee: Transnation Title Insurance Company Amount: $2,750,000.00 Recorded: December 28, 2004 Recording Information: 200412280690 Includes other property 5. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: ~ Terrace View Properties Limited Liability Company, a Washington limited liability company Assignee: Frontier Bank Recorded: December 28, 2004 Recording Information: 200412280691 Includes other property 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Terrace View Properties Limited Liability Company, a Washington limited liability company Grantee/Beneficiary: Airport Place, LLC, a Washington limited liability company Trustee: Chicago Title Insurance Company Amount: $1,446,250.00 Recorded: January 7, 2005 Recording Information: 200501070949 Includes other property 7. Potential lien rights as a result of labor and/or materials used, or to be used, for improvements to the premises. An indemnity agreement to be completed by SBI Developing, LLC, is being sent to closing escrow and must be submitted to us prior to closing for our review and approval. All other matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. 8. Evidence of the authority of the individual(s) to execute the forthcoming document for Terrace View Properties Limited Liability Company, copies of the current operating agreement should be submitted prior to closing. 9. Easement, including terms and provisions contained therein: Recording Information: 2056951 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: electric transmission and/or distribution line(s) 10. Preannexation Agreement Relating to Regional Storm Drainage Infrastructure and Facilities and the terms and conditions thereof: Between: Pierce County And: City of Sumner Recording Information: 9807240509 FirstAmerican Title Forth No. 1068-2 Commitrnent No.: 4261-681545 ALTA Plain Language Commitrnent Page 6 of 10 11. Memorandum of Agreement Creating and Memorializing Wetland Covenant Restrictions and the terms and conditions thereof: Between: Terrace View Properties, LLC, a Washington limited liability company And: Pierce County, a political subdivision Recording Information: 9907090551 12. License Agreement for the Use of County Road for Installation of Culverts, Storm Drainage Pipe, Drainage Ditches, and Appurtenances Thereto and the terms and conditions thereof: ~~een: Pierce County Department of Public Works and Utilities- Transportation Services And: Terrace View Properties, LLC Recording Information: 9908050701 13. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 200002105003, recorded February 10, 2000, in Pierce County, Washington. 14. Petition for Annexation, Annexation Agreement and Declaration of Covenant and the terms and conditions thereof: ~~een: City of Auburn, Washington, a municipal corporation And: Terrace View Properties, LLC, a Washington limited liability company Recording Information: 200004280030 15. The terms and provisions contained in the document entitled "Ordinance No. 5377" Recorded: October 5, 2000 Recording No.: 200010050615 16. The terms and provisions contained in the document entitled "Ordinance No. 5392" Recorded: October 5, 2000 Recording No.: 200010050616 17. Preannexation Agreement Between Pierce County and the City of Auburn Relating to the Construction of Regional Infrastructure and Facilities and the terms and conditions thereof: Between: Pierce County And: City of Auburn Recording Information: 200012281088 18. Right to make necessary slopes for cuts or fills upon said premises for East Valley Highway East as granted by deed recorded February 23, 2001 under recording no. 200102230699. Said instrument replaces and supercedes instrument recorded under Recording No. 200009130639. 19. Easement, including terms and provisions contained therein: Recording Information: 200102230699 In Favor of: Pierce County For: guardrails and utilities Said instrument replaces and supercedes instrument recorded under recording No. 200009130639. FirstAmen'can Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4261-681545 Page 7 of 10 20. Any and alt offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. 21. The terms and provisions contained in the document entitled "Ordinance No. 5512" Recorded: June 4, 2001 Recording No.: 200106040376 22. Easement, including terms and provisions contained therein: Recording Information: 200209160499 In Favor of: City of Auburn For: water and sanitary sewer 23. Easement, including terms and provisions contained therein: Recording Information: 200305211187 In Favor of: City of Auburn For: access 24. Easement, including terms and provisions contained therein: Recording Information: 200305211188 In Favor of: City of Auburn For: watermain 25. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: 200406220478 Said instrument is a re-record of recording no(s). 200406020558 Said instrument replaces and supercedes instrument recorded under Recording Nos. 200404080358 and 200307070444. 26. Easement, including terms and provisions contained therein: Recording Information: 200509150653 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: utility systems FirstAmen'can Tide Form No. 1068-2 Commitment No.: 4261-681545 ALTA Plain Language Commitment Page 8 of SO INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lot B, BLA 200103295016 APN: 0520062048 firstAmerican TilYe Form No. 1068-2 Commitment No.: 4261-681545 ALTA Plain Language Commitrnent Page 9 of 10 CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. FiistAmerican Tide Forrn No. 1068-2 ALTA Plain language Commitrnent ~+ PRIVACY POLICY We Are Committed to Safeguarding Customer Information Commitrnent No.: 4261-681545 Page 10 of 10 Fi~stAmerican Tithe Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn - (253}71-1234 Fax - In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you prowde to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairlnformation ~a/ues, a copy of which can be found on our website at www.firstam.com. 'types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow rnmpames. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information ~a/ue~ We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. m 2001 The First American Corporation • All Rights Reserved FinY American Title RESOLUTION NO. 4009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 6.04 ACRES INTO FIFTY-NINE LOTS FOR FUTURE RESIDENTIAL DEVELOPMENT, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PLT05-0003, dated October 14, 2005, has been submitted to the City of Auburn, Washington, by Terrace View Properties, LLC, requesting approval of a preliminary plat application to subdivide 6.04 acres into fifty-nine (59) lots for future townhouse residential development, open space, and street and utility tracts within the City of Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on January 10, 2006, of which the Hearing Examiner recommended approval of the preliminary plat on January 31, 2006 ;and WHEREAS, the City Council, on February 21, 2006 considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the Findings of Fact, Conclusions and Recommendation which is attached hereto as Exhibit "A", Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorporated in this Resolution. Resolution No. 4009 February 15, 2006 Page 1 of 4 Section 2. The request for preliminary plat approval to subdivide 6.04 acres into fifty-nine (59) lots for future residential development, open space and street and utility tracts within the City of Auburn, legally described in Exhibit "B" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. Prior to final plat approval, the Applicant shall provide the City of Auburn with fee simple title to Tract D, the proposed Water Booster Pump Station Tract. The City shall release its interest in the existing Water Booster Pump Station Tract and any appurtenant easements. On the face of the final plat, the Applicant shall dedicate to the City of Auburn Tract J, the Sanitary Sewer Pump Station Tract. 2. Prior to final plat approval, the Applicant shall relocate the 'clean' stormwater line from the Belara Apartments (east of the subject property) in order to provide a 10 foot separation from the proposed Water Booster Pump Station building. The Applicant shall also dedicate water utility easements as necessary to connect the Water Booster Pump Station and appurtenant facilities to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tract D and Tract J shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johanson Braund Design Group, received the by City on December 22, 2005, and entered into the record as Exhibit 10. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. 4. Prior to final plat approval, the Applicant shall conduct decibel readings for the Sanitary Sewer Pump Station generator to determine the need to address sound attenuation. If necessary, measures shall be implemented to attenuate noise impacts as directed by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the plat. Resolution No. 4009 February 15, 2006 Page 2 of 4 6. All on-site road system improvements for the East Valley Highway required by Section 4.4 of the Annexation Agreement executed by Ordinance 5373 shall be completed. 7. A minimum of two traffic calming devices shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of the calming decides shall be approved by the City Traffic Engineer. 8. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. The CC&Rs shall specify the financial means which will provide for the maintenance of all common open spaces. 9. Tract A shall be maintained as a wetland and wetland buffer, in perpetuity, pursuant to the Mitigation Plan previously approved by Pierce County. Prior to the construction of any buildings, approved fencing and signage shall be placed on the border of the wetland within the developed portion of the plat to prevent homeowner encroachment in the wetland area. 10. Prior to the issuance of building permits and the connection of the proposed plat to metered water service, the Applicant shall pay a park impact mitigation fee of $720 per lot/unit. 11.On and off-street visitor parking shall be provided in a manner approved by the City Traffic Engineer. 12.The Applicant shall comply with all mitigation measures set forth in the FEIS, issued May 1997, and all subsequent addendums to the FEIS. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this ~~Q day of ~-~U , 2006. Resolution No. 4009 February 15, 2006 Page 3 of 4 CI URN ( 1 ~_ PETE . LEWIS MAYOR ATTEST: G ~~~~G2~tQ*'L~ Dan~felle E. Daskam, City Clerk APP VE TO FO i Daniel B. Heid, City Attorney Resolution No. 4009 February 15, 2006 Page 4 of 4 BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) Jon Cltieetham, ) Terrace View Properties, LLC ) For Preliminary Plat ) NO. PLTOS-0003 TERRACE VIEW TOWNHOMES FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION A preliminary plat to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, open space tracts, and a water booster pump station tract in Auburn, Washington should be GRANTED, subject to conditions. . SUMMARY OF RECORD Re uests Jon Cheetham of Terrace View Properties LLC, represented by Lou Larson of Pacific Engineering Design LLC (Applicant), requested approval of a preliminazy plat application to subdivide approximately 6.042 acres into 59 lots for the future development of attached townhouses, seven open space tracts, including one for the protection of a wetland and its associated buffer, and a water booster pump station tract. The subject property is located north of the Lake Tapps Highway (8~" Street E), east of the East Valley Highway, at the northeast corner of Terrace. View Drive. Hearing Date Pursuant to .the requirements of RCW 36.70B, an "open record" hearing was held before the Hearing Examiner of the City of Auburn on January 10, 2006. The official record of the heazing was left open for the submittal of supplemental documentation requested by the Hearing Examiner. The requested documentation was submitted and the record was closed on January 17, 2006. . Testimonv At the open record hearing, the following individuals presented testimony under oath: Steve Pilcher, City of Auburn Planning Department Joseph Welsh, City of Auburn, Transportation Planner Walt Wojeck, City of Auburn, Development Review Dwayne Husky, City of Auburn, Utility Engineer Jon Cheetham, Terrace View Properties LLC Lou Larson, Pacific Engineering Design LLC Mary Urback, Drafting Attorney -Annexation Agreement Exhibit °A" Findings, Conclusio-ts, and Recommendation Resolution No. 4009 Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLTOS-0003 page 1 of 13 Exhibits At the hearing the following exhibits were submitted as part of the record of this proceeding: Exhibit.l Staff Report Exhibit 2 Vicinity Map Exhibit 3 Preliminary Plat Application with attachments Attachment A: Project Narrative Attachment B: Memo from Heffron Transportation Inc., dated October 4, 2005 Exhibit 4 Site Plans - 9 Sheets including utilities, road, easement, booster/pump station, and sight distances, dated November 21, 2005 Exhibit S Proposed Site Plan Exhibit 6 Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department, dated December 22, 2005 Exhibit 7 Letter from Pacific Engineering Design to Steve Pilcher, Auburn Planning Department, dated November 22, 2005 Exhibit 8 Letter from Mary Urback to Carla Vincent, Pierce County Planning & Land Services, dated June 1, 2005 Exhibit 9 Addendum to Final Environmental Impact Statement for Terrace View Park Preliminary Plat/Planned Development District, issued October 24, 2005 Exhibit 10 Planting Plan, prepared by Johnson Braund Design Group Inc., received by City December 22, 2005 Exhibit 11 City of Auburn Ordinance 5373 - Execution of Annexation, Annexation Agreement, and Declaration of Covenant, passed April 17, 2000 Exhibit 12 Notice of Application Exhibit 13 Notice of Public Hearing Exhibit 14 Affidavit of Posting Exhibit 15 Affidavit of Mailing Exhibit 16 Confirmation of Publication of Notice of Public Hearing Exhibit 17 Pre-Application Meeting Summary with decision of Auburn Planning Director as to Minor Adjustment to Terrace View Site Plan, dated August 1, 2005 Findings, Conclusions, and Recommendation Hearing Examiner for Ciry of Auburn Terrace view Townhomes, Preliminary Plat PLTOS-0003 page 2 of 13 Exhibit 18 City of Auburn Ordinance 5377 -Terrace View Zoning Requirements and Development Standards, passed May 1, 2000; Ordinance 5392 -Amendment to Ordinance 5377, passed May.1S, 2000 Exhibit 19 Letter from John Trent, Pierce County Public Works and Utilities, to Terrace View Properties LLC, dated July 9, 1999 Exhibit 20 Statutory Warranty Deed and 2000 Pre-Annexation Agreement between Pierce County and the City of Auburn relating to regional infrastructure and facilities Exhibit 21 E-mail from Dieringer School District, dated July 10, 2005 Exhibit 22 Terrace View Townhomes Preliminary Plat Discussion Outline Exhibit 23 Proposed Site Plan, colorized Exhibit 24 Color Photograph of Townhomes, for illustrative purposes only Exhibit 25 Color Photograph of Townhomes, for illustrative purposes only Exhibit 26 Letter from Mary Urback, Attorney to City of Auburn Hearings Examiner, dated January 13, 2006 Exhibit 27 Order Closing the Record Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a preliminary plat to subdivide approximately 6.042 acres into S9 fee-simple lots for the future development of attached townhomes, seven open space tracts, and a water booster pump station. The subject property is located north of the Lake Tapps Parkway (8~' Street East), east of the East Valley Highway, at the northeast corner of Terrace View Drive. in Auburn, Washington. The site is formally referred to as the "North Commercial Bench" of the Terrace View Park Planned Development District. The subject property is identified by Pierce County Tax Assessor's Number OS20062048. Exhibit 1, Stajf Report, Pages 1-3; Exhibit 2, Vicinity Map; Exhibit 3, Plat Application, Page 5 and Project Narrative; Testimorry of Mr. Pitcher. 2. Although the site has been graded in the past, it is currently vacant. The parcel slopes upwards from the East Valley Highway and then flattens over the majority of the site. Vegetation consists solely of grasses, invasive shrubs, and small trees. There are no significant trees located on the site. Exhibit 3, Plat Application, Project Narrative. Findings, Conclusions, and Recommendation Hearing Examiner for Ciry ofAuburn Terrace View Townhomes, Preliminary Plat PGTOS-0003 page 3 of /3 3. The subject property is part of the Terrace View Park Planned Development District (T`VP), which is comprised of three parcels of land, totaling 52.66 acres. The TVP was annexed by the City of Auburn in 2000. Exhibit I1, Ordinance 5373. Pursuant to the Annexation Agreement, zoning for the subject property was assigned by a separate action of the City Council. In April 2000, the City Council adopted Ordinance 5377, which assigned the TVP the Terrace View (TV) Zoning District, ACC 18.78. Exhibit I8, Ordinance 5377. 4. Pursuant to Auburn Ordinance 5377, the TV zone was created to establish zoning requirements and design standards exclusively for the, 52.66 acres of land known as "Terrace View Annexation Area." The TV zoning district is a modified version of the C-3 Heavy Commercial zoning district and reflects both the City's Comprehensive Plan and Pierce County zoning provisions and project submittals.. Except for the noted modifications, all other provisions of the C-3 zoning district apply to the TV zone. Modifications include: (1) multi-family projects are permitted outright; (2) parking for recreational vehicles is not required so long as a there is a perpetual restrictive covenant recorded against the property that prohibits recreational vehicle parking in the multi-family complex. Exhibit 1, Staff Report, Pages 1-3; Exhibit 18, Ordinance 5377; ACC Chapter 18.78; ACC 18.78.030; . Testimony of Mr. Pilcher; Testimony of Ms. Urback 5. The preliminary plat application was reviewed for compliance with the TV zoning district standards, ACC 18.78. Multi-family residential development is an outright permitted use in the TV district. The TV district, utilizing the C-3 zone development standards, does not require a minimum lot size or minimum lot width or set lot .coverage limitations. The C-3 zone does require that apartments must provide, at a minimum, 1,200 square feet of lot azea for each dwelling unit. Minimum yard setbacks are 20 feet from front lot lines and 15 feet from side street lot lines. There are no minimum yard setbacks required for reaz yards or interior side yards. The maximum allowed building height is 45 feet. Exhibit 1, Staff Report, Page 3; ACC 18.78.030; ACC 18.30.030(A); ACC 18.30.040; Testimony of Mr. Pilcher. 6. At, the time of annexation, the Applicant intended to develop the site with a 625 unit mixed- use multi-family residential development and 71,600 square feet of commercial buildings. The residential development was to occur on the `upland bench' which encompassed the eastern portion of the property. The commercial area, bordering the East Valley Highway, was divided into two `lowland bench' portions -the North Commercial Bench and the South Commercial Bench. Exhibit 11, Ordinance 5373; Exhibit 20, Annexation Agreement; Testimony of Mr. Cheetham. 7. The residential development on the `upland bench' is currently under construction. The Belara Apartments (aka Terrace View Apartments) ,consist of 423 units and are anticipated to be completed by mid-2006. Additional surrounding land uses outside of the TVP consist of Lakeland South, a large single and multi-family residential development, to the east; a commercial construction business to the north; the East Valley Highway, Trillium stormwater pond, and undeveloped land is to the west; and undeveloped land to the south known as the South Commercial Bench. Exhibit 1, Staff Report, Pages 2-3; Exhibit 3a, Project Narrative; Testimony of Mr. Pilcher. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLTOS-0003 page 4 of 13 8. There has been no commercia] development within the TVP's two commercial benches. As required by ACC 18.78.040, development of commercial and multi-family areas is to be generally consistent with the site plan submitted as Exhibit A to Ordinance 5377, including the provision that commercial area must not exceed 10 acres. Any amendments to the site plan must be reviewed by the City Planning Director who is authorized to determine whether the amendment is a minor or major amendment to the original site plan. ACC 18.78.040; Exhibit 1, Stajj' Report, Page 3; Exhibit 18, Ordinance 5377; Exhibit 26, Urback Letter; Testimony of Ms. Urbacl~ 9. The City Planning Director determined that the Applicant's amendment to the existing site plan, limiting commercial development to the South Commercial Bench and providing multi- family development on the North Commercial Bench, was a "minor" amendment because it did not increase the overall impacts of the proposed development. This determination was based on the Final Environmental Impact Statement for the TVP, which allowed for the development of 625 multi-family units within the district. The Belara Apartments consists of 423 units, 202 units less than was authorized by the FEIS. The construction of 59 multi- family units on land formerly designated for commercial development would not increase the impacts of the development. Exhibit 1, Staff Report, Page 3; Exhibit 17, Pre Application Meeting; Testimony of Mr. Pilcher. 10. Pursuant to the SEPA, Pierce County acted as lead agency for review of environmental impacts caused by the Terrace View Park Preliminary PIatlPlanned Development District. Pierce County issued a Final Environmental Impact Statement (FEIS) in May 1997. 'The County issued an addendum to the FEIS in September 1999 based on the finalization of street improvements, construction of a regional storm drainage system, on-site wetland mitigation, and impact fees (parks and schools). Section 4.3.3 of the Annexation Agreement states that. "[T]errace View shall not be required to undertake or complete any further environmental review process by the City ... [unless] ... the [County's] environmental review ... is not adequate to address the specific impacts ... or ... federal or state statutes and regulations ... supersede." T'he City issued another addendum to the FEIS on October 24, 2005 recognizing that the current proposal for the subject property considered by the FEIS. The City determined that the current proposal was analyzed as an alternative under the prior environmental review process and was consistent with the FEIS. Exhibit 1, Stajj'Report, Pages 3, S; Exhibit 3, Application -Project Narrative; Exhibit 9, EIS Addendum; Exhibit 11, Annexation Agreement, Page 7; Exhibit 17, Pre Application Meeting Summary; Testimony of Mr. Pilcher. 11. The Applicant's design plan is for development of townhouses of up to four units in a common wall (two one-hour walls with sheet rock in between) structure that would maintain a zero interior side yard setback at these common walls. Units would be one to three bedrooms and range from approximately 1,200 to 1,600 square feet in size. The Applicant's target price range for each unit is $275,000 to $325,000. Each individual townhouse would be located on an individual lot, giving the subsequent buyer ownership in both the unit and the underlying land. The smallest proposed residential lot would be 1,518 square feet (Lot 46), while the largest would be 5,045 square feet (Lot 32). Overall density for the project is Findings, Conclusions, and Recommendation Hearing Examiper for City of Auburn Terrace view Townhomes, Preliminary Plat PLTOS-0003 page S of 13 approximately 9.5 units per acre. Exhibit 1, Staff Report, Page 3; Exhibit 4; Preliminary Plat Map; Exhibit S, Proposed Site Plan; Exhibit 22, Applicant's Outline; Exhibits 24 and 2S, Illustrative Photographs; Testimonry of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 12. The Applicant's design plan included off-street "visitor" parking. Parking is not required by the ACC but the Applicant provided it as an amenity for future residents because of the limited availability of on-street parking. The City's Traffic Engineer and the Dieringer School District expressed concern that the interior parking spaces may impact sight lines/distances at the two interior plat intersections. City Staff suggested that the Applicant reduce the number of parking stalls and that the stalls be angled to ease re-entry and promote sight lines. The Applicant stated that he is willing to modify the parking just so long as the total number of residential units is not affected. Exhibit 6, Pacific Design Letter; Exhibit 21, School District E-mail; Testimonry of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Cheetham. 13. The Pre-Annexation Agreement between Pierce County and the City of Auburn addressed the construction of regional infrastructure and facilities. Regional infrastructure and facilities covered by the Pre-Annexation Agreement included the design, right-of--way acquisition, and construction of several roadways including improvements to Lake Tapps Parkway, the East Valley Higway East, access ramps, intersections, bridges, pedestrian and bicycle facilities, and stormwater drainage facilities. Pursuant to the Pre-Annexation Agreement, Pierce County would retain full access to regional infrastructure-and facilities in order to construct, operate, maintain, and reapir them. Exhibit 20, Pre Annexation Agreement; Testimony of Ms. Urback 14. The proposed plat would be accessed from two points. Access from the south would be via Terrace View Drive SE, a minor arterial. The internal plat road intersection with Terrace View Drive SE would provide full ingress/egress but would not have a traffic control signal. Access from the west would be via the East Valley Highway, a principal arterial, at the northwest corner of the site. Anew internal loop road would provide access to individual units. There would be no direct lot access .from either Terrace View Drive SE or the East Valley Highway. Due to concerns about potential "cut-through traffic," conditions of approval include installation of a minimum of two traffic calming devices on both of the internal plat roads, Road A and Road B. Exhibit 1, Sta, f, j'' Report, Page 3; .Exhibit 4, Preliminary Plat Map; Exhibit 6, Letter from Pacific. Engineering; Testimony of Mr. Welsh. 15. Access from the East Valley Highway was originally designed to be restricted to an unsignalized right turn in/right turn out traffic pattern. The Dieringer School District stated that they would like buses to have the opportunity to turn either left or right at the East Valley Highway exit so as not to interfere with future bus route scheduling. In order to provide such access, Mr. Welsh testified that this intersection should be an unrestrictive access point. In light of this testimony, the City representative agreed to eliminate recommended Condition Number 11 which addressed the installation of C-curbing to restrict access. Exhibit 21; School District E-mail; Testimony of Mr. Pilcher; Testimony of Mr. Welsh. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace Yiew Townhomes, Preliminary Plat PLTOS-0003 page 6 of 13 16. A Traffic Impac# Analysis (TIA) for the development of Terrace View Park as a mixed-use commercial and residential development was prepared as part of the environmental review process required by Pierce County. The original TIA assumed a 71,600 square foot retail center and 692 multi-family units, generating approximately 10,220 daily trips, including 970 PM peak hour trips. According to.the TIA, the Applicant's revised proposal seeks to replace the commercial development slated for the North Commercial Bench with 59 townhomes, thereby reducing the retail square foot to 25,000 and total multi-family units to 489 (430 apartments and 59 townhouses). Heffron Transportation Inc. (Heflron) reviewed the new proposal for traffic impacts and determined that due to the reduction in the project's size, that the number of trips that the project would generate would be substantially reduced from the original estitmate. Heffron concluded that the new proposal would generated approximately 6,000 daily trips, including 548 PM peak hour trips. Exhibit 3, Application -Attachment B. 17. The Preliminary Plat Map denotes that a portion of Road B, permitting access from the East Valley Highway East, would be constructed at a 12% grade. Current City of Auburn road standards restrict the grade of a road to 6% but allow fora 12% grade subject to approval of a Deviation Request. During various meetings between the Applicant and the City, the City took the position that the Applicant would need to secure a plat modification in order to construct Road B at a 12% grade. The Applicant stated, and Ms. Urback concurred, that the Annexation Agreement between the City and the Applicant allows for the 12% grade outright. Section 4.5 -Fire Standards, of the Terrace View Petition for Annexation, Annexation Agreement, and Declaration of Covenant, executed by Auburn Ordiance 5373 (Annexation Agreement), specifically states: "[T]errace View can develop to maximum road grade of 12%." Exhibit I1, .Annexation Agreement, Page 9. Section 4.4.4 of the Annexaction Agreement states that "[A]Il other roads and road approaches ... shall meet or exceed the private road standards as set forth in the City of Auburn Design and Construction Standards in e,~fect on the date of execution [of the Annexation Agreement]. Exhibit 11, Annexation Agreement, Page 8. A representative from the City's Transportation Department testified that at the time of execution, City standards allowed fora 12% grade with a possible deviation of up to 15%. In addition, Seciton 4.10.1 of the Annexation Agreement.states that the City must recognize all development and building permits issued for the Terrace View Development by Pierce County. Pierce County issued Permit Number 296648 allowing for the construction of a minor road approach on to the East Valley Highway. Exhibit 11, Annexation Agreement, Page 16. Exhibit 4, Sheet 4 - Road B Profile; Exhibit 6, Letter from Pacific Engineering; Exhibit 7, Response Letter from Pacific. Engineering; Exhibit 11, Ordinance 5373 and Annexaciton Agreement; Exhibit 26, Letter from Ms. Urback; Exhibit 19, Letter from Pierce County/Permits; Testimony of Mr. Pilcher; Testimony of Mr. Welsh; Testimony of Ms. Urback. 18. The City of Auburn's Parkland Dedication Policy assumes that subdivisions would result in a substantial increase in demand for parkland. Dedication of parkland, at a rates of 6.03 acres of parkland for each 1,000 residents, is required for subdivisions that create fifty or more dwelling units. Site design for the proposed plat shows seven open space tracts, one of which is a 51,387 square foot tract protecting wetlands and wetlands buffers in an undisturbed manner. The Applicant does .not propose to utilize any of these tracts for recreation but Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLTOS-0003 page 7 of J3 rather these areas would be owned by a Homeowners' Association and landscaped. Pursuant to Section 4.6 of the Annexation Agreement, the Applicant, in lieu of land dedicatin, may pay the sum of $720.00 per multi-family unit, or a total of $42,480.00 for the proposed 59 dwelling units. The nutigation fee must be tendered to the City prior to metered water service connection by the City to the Terrace View Development. City Staff determined that given the size of the proposed plat, payment of the fee in lieu of land dedication was appropriate. ACC 17.12.260; Exhibit 1, Sta, f~' Report, Page 4; Exhibit 11, Ordinance 5373 -Petition for Annexation, Annexaction Agreement, and Declaration of Covenant, Section 4.6 Parks, Page 9; Testimony of Mr. Pilcher; Testimony of Mr., Cheetham. 19. Sanitary sewer service provided by the City of Auburn would serve the proposed multi- family. residential development via an existing sewer line. Tract J is a 3,531 square foot parcel that currently contains a sanitary sewer pump station. The tract is to be dedicated to the City of Auburn for the operation and mairnenance of the sewer. pump station at the time of final plat approval. To provide security and visual/noise screening of the pump station, fencing and landscaping of Tract J would be required. Conditions of approval require the Applicant to perform decibel readings to determine if additional sound attenuation measures are required to be implemented. Exhibit 1, Staff Report, pages 4, 6; Exhibit 3a, Project Narrative; Exhibit 4, Preliminary Plat Maps, Sheets 1 and 6; Exhibit 10, Planting Plan; Exhibit 22, Applicant's Outline; Testimony of Mr. Pilcher, Testimony of Mr. Larson; Testimony of Mr. Husky. 20: Water provided by the City of Auburn. would serve the proposed multi-family residential development. A tract of land and existing easements for a water pump station on the western portion of the site, in the location of proposed Lots 22, 23, 24, and 25, were conveyed to the City by the Applicant in order to provide water service for development to the east of the subject property. The City has not yet developed this site. As an option available to the City, the Applicant proposed to dedicate Tract D, a 6,976 square foot parcel at the southeast corner of the site, to the City in order to provide for the water pump station. The City has agreed to release its interest in the existing tract and apprutenant easments prior to final plat approval in exchange for a fee simple title to Tract D. Exhibit 1, Staff Report, Pages 3-4, b; Ezhibit 4, Preliminary Plat, Sheets I, S, and 6; Exhibit 6, Pacific Design Letter; Exhibit 22; Applicant's Outline; Testimony of Mr. Pilcher; Testimony of Mr. Larson; Testimony of Mr. Husky. 21. Relocation of the proposed water pump station would impact an existing 15-foot private stormwater easement, recorded under Pierce County Auditor No. 200406220478, that is located along the southern boundary of the site. The easement .provides a "clean" stormwater line from the Belara Apartments. Due to the placement of the pump station, the easement would have to be relocated south into the existing right-of--way. The City has accepted this relocation, recommending it as a condition of approval. Exhibit 1, Staff Report, Page 2; Exhibit 4, Prelimary Plat, Sheets 1, S, 6, and 9; Exhibit 6, Pacific Design Letter; Testimony of Mr. Pilcher; Testimony of Mr. Husky. 22. There is a 10-foot Puget Sound Energy (PSE) easement, recorded under Pierce County Auditor No. 200507150653, that is located along the southern boundary and a portion of the western boundary of the site. Exhibit 4, Preliminary Plat. Findings, Conclusions, and Recommendation Hearing Examiner for Ciry of Auburn Terrace View Townhomes, Prelimi»ary Plat PLTOS-0003 page 8 of 13 23. As part of the Pre-Annexaction Agreement, Pierce County and the Applicant agreed on the use of the "Trillium Stormwater Facility," a regional stormwater facility providing stormwater detention and water quality treatment facilities, for the discharge of stormwater from the subject property. Part of the agreement requires the Applicant to construct and maintain an on-site oil/water separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and stormwater collected on the subject property. Exhibit 1, Sta,~`'Report, Page 4; Exhibit 3, Application Attachment A; Exhibit 20, Pre-Annexation Agreement, Exhibit D. 24. There is a 1.18 acre wetland on the northern portion of the site. The wetland, contained within Tract A, is 51,387 square feet in area and is vegetated with trees, scrub, and shrub. Enhancement of this wetland was done in accordance with the Buffer Enhancement Plan of Terrace View Planned Development (1995) and the Planting and Monitoring Report (2003), collectively referred to as the "Buffer Mitigation Plan" and identified under the Wetland Memorandum of Agreement (Wetland Agreement) recorded with Pierce County. In order to protect the wetland, the Wetland Agreement required the Applicant maintain the area in its natural, undistrubed state in perpetuity, to provide a 50 foot protective buffer, and to provide an eight foot building setback from the edge of the buffer. In addition, prior to the construction of any building, the Applicant was to place fencing and signage at the boundary of Tract A. The Wetland Agreement was satisfied in June 2005. Exhibit 1, Staff Report, Page 4; Exhibit 4, Prelimary Plat, Sheet 1; Exhibit 8, Urback Letter; Exhibit 22, Applicant's Outline. ' 25. The plat would be served by facilities within the Dieringer School District (the School District). In Washington State, ample provision for the education of children is a paramount duty of the state.i This requirement is further stated in the laws of the State and City. RCW 58.17.110 requires that subdivisions make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for students. RCW 36.70A.020(12) mandates that when a county plans for growth, it is to ensure that public services, such as schools, that are necessary to support development are adequate to serve the development. ACC 17.05.070 states that a .subdivision must make adequate provisions for the general welfare, including schools. ACC 19.02 authorizes the City of Auburn to collect school impact fees on behalf of the School District. Pursuant to ACC 19.02.110, the 2006 impact fee for the Deiringer School District for a single family unit is $3,500.00 or $739.00 for amulti-family unit and is due at the time of building permit application. Exhibit 1, Staf, j`~ Report, Page 4; Exhibit 21, 'School District Comments; RCW 58.17.110; RCW 36.70A. 020; ACC 17.05; ACC 19.02. 26. City of Auburn Comprehensive Plan Goals and Policies that apply to .the proposal include, but are not limited to, the following: Chapter 3, Land Use, Goal 7 (emphasize a mix of housing types appropriate for afamily-oriented community, including appropiately located higher density); Land Use, Objective 7.1, Policy LU-15 (multiple'family development of not more than 20 units per acre; located near shopping and other services); Land Use, Objective ~ Washington State Constitution, Art. 9, § 1 Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PL7Y15-0003 page 9 of 13 7.3, Policy LU-20 (encourage compact development; protection of critical areas); Land Use, Objective 7.5, Policy LU-31 (multi-family developments located to necessary support facilities); Chapter 4, Housing, Goal 7 (residential development -family oriented communites); Housing, Goal 22 (design and visual quality through appropriate standards); Chapter 9, Environment, Goal 18 (maintain and promote a healthy environment); Environment, Objective 18.1 (enhance and maintain ground and surface waters; stormwater drainage regulation; BMPs); Objective 18.3 (enhance and maintain quality of land/habitat); and Objective 18.4 (enhance and maintain the quality of important wetland resources). The Annexation Agreement was found to be in conformity to the City's .Comprehensive Plan. Exhibit 11, Ordinance 5375. 27. The City received no public comments, written or oral, on the proposed plat.,. 28. Notice of the public hearing was posted on the subject property on December 30, 2005. Notice was mailed to property owners within 300 feet of the subject property on December 29, 2005. Notice was published in the King County Journal on December 29, 2005. Exhibits 13; 14, 1 S, and 16; Testimony of Mr. Pilcher CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on preliminary plat applications pursuant to ACC 14.03.040(A) and 17.06.050. Criteria for Preliminary Plat Review Pursuant to ACC 17.06.070, for a preliminary plat application to be approved, the Applicant must demonstrate the following: Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways; water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds; 2. Conformance of the proposed subdivision to the general purposes of the comprehensive plan; 3. Conformance of the proposed subdivision to the general purposes of any. other applicable policies or plans which have been adopted by the city council; 4. Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; 5. .Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city, or as modified and approved as part of a PUD pursuant to Chapter 18.69 ACC; Findings, Conclusions, and Recommendation Hearing Examiner for Ciry of Auburn Terrace View Townhomes, Preliminary Plat PLTOS-0003 page 10 of 13 6. The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment; 7. Adequate provisions aze made so that the preliminary plat will prevent or abate public nuisances. Conclusions Based on Findinas 1. Adequate provisions are made for the public health, safety and general welfare, and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and school grounds. The Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. Conditions of approval will provide for traffic calming devices to provide safety within the plat and modification to off-street parking will ensure sight lines for drivers and pedestrians are not impacted. An internally loop road with two access points will ensure traffic flow and emergency vehicle access. The development will be served by City water and sanitary sewer. The proposed development will utilize Pierce County's regional stormwater facilities, Trillium Pond. All stormwater will be collected and conveyed to these facilities. The Applicant has provided landscaped open space and the preservation of 1.18 acres of wetland and wetland buffers. School impacts fees will address impacts to the Dieringer School District. Pazk impact fees will be paid to the City of Auburn in lieu of land dedication within the plat. Findings of Fact Nos. 10, 11, 12, 14, 1 S, 16, 17, 18, 19, 20, 23, 24, and 25. 2. The subdivision would conform to the general purposes of the City of Auburn Comprehensive Plan. The subdivision would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Finding of Fact No. 26. 3. With conditions of approval, the project woald conform to the subdivision title of the Auburn City Code, the zoning ordinance, and alt other applicable policies or plans adopted by the Auburn City Council. As conditioned, the subdivision would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and with the TV zoning district standards. The plans and policies of the City of Auburn are included in Ordinance 5373 and Ordinance 5377 which adopted and executed the annexation of the subject property and the underlying zoning district provided for in ACC 18.78. Findings of Fact Nos. 3, 4, S, 8, 9, 13, and 28. 4. With conditions, potential environmental impacts of the proposed subdivision would 6e mitigated. Compliance with the conditions the FEIS will ensure that adverse impacts are mitigated to a point of non-significance. The Applicant completed enhancement. of the wetland area contained on the site in accordance with the "Buffer Mitigation Plan" as identified under the Wetland Memorandum of Agreement (Wetland Agreement). The development will be served by City water and sanitary sewer, thereby protecting ground and surface water quality and quantity. Stormwater facilities will collect and convey stormwater to a regional treatment facility. Pursuant to the Annexation Agreement, the Applicant is required to maintain an on-site oil/water separator system at the points of discharge into the main trunk line conveyance system for the purpose of screening oils from the runoff and Findings, Conclusions, and Recommendation Hearing Examiner for Ciry ojAuburn . Terrace Yiew Townhomes, Preliminary Plat PLTOS-0003 page 11 of 13 stormwater collected on the subject property. Traffic analysis has demonstrated a reduction in the amount of traffic generated from the prior proposal, thereby reducing air pollution. Impacts to schools and parks will be addressed via the payment of impact fees. Landscaping of utility stations should ameliorate noise generated by the facility. Conditions of approval require decibel readings to ensure that the adjacent homeowners are not adversely impacted. Findings of Fact Nos. 9, 10, 1 S, 16, 18, 19, 20, 21, 23, 24, and 2S. 5. The subdivision will not create or contribute to public nuisances. Public Nuisances are addressed generally throughout the ACC and are addressed directly in ACG 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or bests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (traffic calming devices, width, sidewalks, and visibility) will ensure safe pedestrian and traffic access within the development. The Applicant must conduct decibel readings for the sanitary sewer pump station to ensure that sound is not at unacceptable levels. As conditioned, the development of a Homeowners' Association and the associated Covenants, Conditions, and Restrictions will ensure that visual blights and dangers to public health are reduced/eliminated, thereby promoting both general public welfare and property values. Findings of Fact Nos. 12, 13, 14, '1 S, and 19. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that .the request for preliminary plat approval to subdivide approximately 6.042 acres into 59 lots for development of attached townhomes, open space tracts, utility tracts, and a storm water tract in Auburn, Washington should be APPROVED, subject to the following conditions: 1. Prior to final plat approval, the Applicant shall provide the City of Auburn with fee simple title to Tract D, the proposed Water Booster Pump Station Tract. The City shall release its interest in the existing Water Booster Pump Station Tract and any appurtenant easements. On the face of the final plat, the Applicant shall dedicate to the City of Auburn Tract J, the Sanitary Sewer Pump Station Tract. 2. Prior to final plat approval, the Applicant shall relocated the `clean' stormwater line from the Belara Apartments (east of the subject property) in order to provide a 10 foot separation from the proposed Water Booster Pump Station building. The Applicant shall also dedicate water utility easements as necessary to connect the Water Booster Pump Station and appurtenant facilities. to the City water system. All plans and easement revisions shall be approved by the City Engineer. 3. Tract D and Tract J shall be designed in substantial conformance with the conceptual "Planting Plan" prepared by Johanson Braund Design Group, received the by City on December 22, 2005, and entered into the record as Exhibit 10. Landscaping shall either be installed or future installation secured through a performance bond prior to final plat approval. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLTOS-0003 page 12 of 13 4. Prior to final plat approval, the Applicant shall conduct decibel readings for the Sanitary Sewer Pump Station generator to determine the need to address sound attenuation. If necessary, measures shall be implemented to attenuate noise impacts as dvrected by the City Engineer. 5. All streets within the plat shall be designed to local residential street standards and dedicated to the public, provided that the City Engineer may entertain a deviation request to allow for angled parking stalls within the plat. 6. All on-site road system improvements for the ,East Valley Highway required by Section 4.4 of the Annexation Agreement executed by Ordinance 5373 shall be completed. 7. A minimum of two traffic calming devices shall be installed on each internal plat road (Road A and Road B) prior to final plat approval. The exact type and location of the calming decides shall be approved by the City Traffic Engineer. 8. Proposed Conditions, Covenants, and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by City Staff prior to final plat approval. The CC&Rs shall spegify the financial means which will provide for the maintenance of all common open spaces. 9. Tract A shall be maintained as a wetland and wetland buffer, in perpetuity, pursuant to the Mitigation Plan previously approved by Pierce County. Prior to the construction of any buildings, approved fencing and signage shall be placed on the border of the wetland within the developed portion of the plat to prevent homeowner encroachment in the wetland area. 10. Prior to the issuance of building permits and the connection of the proposed plat to metered water service, the Applicant shall pay a park impact mitigation fee of $720 per lotlunit. l 1.On and off-street visitor parking shall be provided in a manner approved by the City Traffic Engineer. 12. The Applicant shall comply with all mitigation measures set forth in the FEIS, issued May 1997, and all subsequent addendums to the FEIS. DECIDED this day of January, 2006. Findings, Conclusions, and Recommendation Hearing Examiner for City of Auburn Terrace View Townhomes, Preliminary Plat PLTOS-0003 DRISCOLL & HUNTER Hearing Examiner for City of Auburn By: ames M. Drisco page 13 of 13 LEGAL DESCRIPTION OF PROPERTY NORTH BE.NrH A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERl01AN, !N PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMA;/ENgNG AT THE WEST 1/4 CORNER QF SA/0 SECTION 6; THENCE ALONG THE WEST UNE OF SAID SECTION 6, NO'31'15"£ 1321.65 FEET; THENCE ALONG THE NORTH UNE OF SAID GOVERNMENT LOT 5 5887'32"E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE S11 b0'S9" W655..~5 FEET TO THE NORTH UNE OF TIME RIGHT Of WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AF ,~200f02230699; THENCE FALLOWING SAID NORTH RIGHT CjF WAY UNE IN A GENERAL WESTERLY D/RECAON T~0 THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVLrYEO TD PIERCE COUNTY UNDER AF ,}~2601fl22:~0699,' THENCE FOLLOWING SAID EAST RIGHT OF WAY UNE IN A GENERAL NORTHERLY DIRECTION TO THE NORTH UNE OF SAID GOVERNMENT LOT. 5; THENCE ALONG SAID IVOR7HUNE 588'57'32"E 498.91 FEET i'0 THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BDUMDARY UNE ADJUSTI~fENT RECORDED UNDER RECORDING NUMER ,~ 200103295016). LESS 7NAT LAND DEEDED TO THE CITY OF AUBURN UNDER PIERCE COUNTY AUDITOR'S FlLE NO. 2003052111904. SITUATE !N THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. FEE PAYMENT: 51,038.00 and 553.00 per lot plus 5727.00 for Envinximental CheckC~st T.R. # ~ . DATE RECEIVED: CASHIER'S INITIALS: ~'°"~ry~ Exhibit NB" Resolution No. 4009 RECEIVED MAii 2 6 2007 "' `~ "' Right-of-Way Use AUBURN q lication wnslll~c;i-c~~ pp Permit #: ~=1I CI OF AUBURN Ci Ity Of ~~,AKS DEPT Engineering Division Name of Organization: Q, a- ~~~ " ' " "' "'" OfficerlAgent/Person Requesting Permit &Title: Cio CDI~Zicln ~ovr~rnt~ni^IiES LLC Address: y7y9 Morena- 81vd Su.i~¢. IDD City/State/Zip: ~Sa.n~ieao. CA 42119 Daytime Phone: $$~- `I 9 0 - 2300 Desired Use of Right-of-Way (if needed please attach a letter to describe more detail regarding the request): _ ~ _ ., _ z r;~.,. ,,.o wa r ~ ~.~a - - - ~t~b~~tl-r~ Shod- 1°laf' recorde~ ~•nd r ~FFn1 ZOO3o7o5~~~ Inc~ellod Wi,-~-hin 'Terrace i r' Location of Right-of-Way: aO V a tScr~P 'an Date(s) Requested: Ptr a ~ The Department requires the name and daytime telephone number of three (3) responsible persons, any of which can be contacted at any time during the life of the permit in the event the need arises. Name: u0.r1Y1N Gabriel --T Name: C1nY i S Sa! .n c o n Name: I~lara Con+rv~kn i d; t 3, LLC Signature of Applicant Documents Required: Permit Application Fee * Initialed Notice to Applicant Signed Hold Harmless Agreement Certificate of Insurance Traffic Control Plan ~~A~ Daytime Phone: ~Q.~o) N a o - 2303 Daytime Phone: «~~~ 30 i - 380y Daytime Phone: ~ ) Date: 3 ~a3 ~e ~ -r Legal Description ~ Contractor's Additional Insured ~j~ Bond ,._,, Signed Petition (Abutting Prop. Owners) IL~J(iA * Fee Schedule: ^ ROW Use Permit 30 days or less --------------- $25.00 ROW Use Permit 31 days up to 5 years ------ $75.00 Additional permit fees may apply based on estimate of staff labor and the labor rates effective in accordance with Aubum City Code 3.18. NOTES AND/OR CONDITIONS 1) This permit does not constitute approval or compliance with the rules, regulations, or requirements of any other jurisdiction, which may relate to the above project. 2) If this permit is to be recorded with the County Assessor's Office, please attach a legal description. For all questions, contact Megan Robel at 253.804.3120 or email mrobel~auburnwa.gov FE068 07-11 Riaht-of-Way Use Permit Conditions The conditions of this ROW Use Permit are: 1) Applicant's failure to comply with any provisions/conditions of this permit will be terms for immediate termination. 2) The City shall have all rights and authority to enforce Article VIII of the Restated Declaration of Covenants, Conditions and.. Restrictions Relating to Road Access Stormwater Drainage, and Utilities, Recorded under Pierce County Recording No. 200406220478, a copy of which is attached hereto as Exhibit "A" and incorporated by reference, against the applicants as have been granted to the owners of Short Plat Lots 1 and 2. This authority extends to the portion of the Clean Water Storm Drainage System located within the Clean Water .Storm Drainage Easement and that portion lying within the City Right-of-Way that is the subject of this Permit, as if that Right-of-Way portion of the Clean Water Storm Drainage System were located within said easement. The City, not being the owner of property benefited by said Clean Water Storm Drainage System, shall bear none of the financial responsibilities set forth in said Article VIII. 3) Applicant shall provide a signed and notarized Hold Harmless. 4) The City reserves the right to adjust the terms and conditions or revoke this Right-of-Way Use Permit and require relocation of the Storm Drainage System in the event that the Storm Drainage System's use of the right-of- way interferes with or conflicts with the public's use of such right-of-way. 5) Applicant shall comply with the City's nuisance code under ACC 8.12. 6) Applicant shall provide the City with information specifying the location of the facilities placed under this permit, including as-built drawings showing horizontal and vertical locations. The City will provide locates of this facility to third parties on behalf of the applicant. Any claim against the City stemming from inaccuracies in the information provided by the applicant shall be covered under the hold harmless agreement the applicant has submitted to the City for the work under this permit. SW. L4, N.W. U4, SEG'ITON G, TOWNSEIIP 20 NORTH, RANC3E 5 PAST, W1VI. PACE QOUNTY, WA-SElINCiFZ~ON LEGAL DESCRIPTION FOR THE CITY OF AUBURN RIGHT-OF-WAY USE PERMIT FORA 15' CLEAN WATER STORM DRAINAGE LINE A PORTION OF PARCEL B AS SHOWN ON BOUNDARY LINE ADJUSTMENT RECORDED UNDER PIERCE COUNTY AUDITOR'S FEE NUMBER 200103295016, IN GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF AUBURN, PIERCE COUNTY, WASHINGTON, AND OF THAT PROPERTY DEEDED TO PIERCE COUNTY BY DOCUMENT RECORDED UNDER PIERCE COUNTY AUDITOR'S FEE NUMBER 200102230699, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B; THENCE SOUTH 11'00'59" WEST, ALONG THE EAST LINE THEREOF, A DISTANCE OF 655.35 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 8 AND THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 70'27'29" WEST, 41.80 FEET; THENCE NORTH 77'22'36" WEST, 80.46 FEET; THENCE NORTH 33'29'12" WEST, 40.79 FEET; THENCE NORTH 75'06'24" WEST, 8.12 FEET TO A POINT ON A 22.00 F00T RADIUS CURVE, CONCAVE NORTHWESTERLY; THE RADIAL CENTER OF WHICH BEARS NORTH 43'21'24" WEST; THENCE COUNTER CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16'26'05", A DISTANCE OF 6.31 FEET; THENCE NORTH 30`12'30" EAST, 9.57 FEET; THENCE SOUTH 75'06'24" EAST, 8.78 FEET; THENCE SOUTH 33'29'12" EAST, 40.45 FEET; THENCE SOUTH 77'22'36" EAST, 70.09 FEET; THENCE NORTH 70'27'29" EAST, 12.99 FEET; THENCE SOUTH 78'02'44" EAST, 28.71 FEET TO THE POINT OF BEGINNING. SUfi;Y£YiNfi INC. P. 0. HOX 110700 TACOMA liA. 98411 EBTAH119H60 OFFICE 253-404-0983 LDaa FAX 2b3-404-0984 CONBTRUCTION LAYOUT - BOVNDAAY AND TOP008APBIC 9URY6Ya JOB NO. 2006-Ill sw. v~ xw v~ ss~ccrttoN ~ ~~ ~o rioR~ ~vc,~ s Est', wati rn~lc$ oovrrty, w~m~ra~rrnv LEGAL DESCRIPTION FOR THE CITY OF AUBURN RIGHT-OF-WAY USE PERMIT FORA 15' CLEAN WATER STORM DRAINAGE UNE A PORTION OF PARCEL 8 AS SHOWN ON BOUNDARY LINE ADJUSTMENT RECORDED UNDER PIERCE COUNTY AUDITOR'S FEE NUMBER 200103295016, IN GOVERNMENT lOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF AUBURN, PIERCE COUNTY, WASHINGTON, AND OF THAT PROPERTY DEEDED TO PIERCE COUNTY BY DOCUMENT RECORDED UNDER PIERCE COUNTY AUDITOR'S FEE NUMBER 200102230699, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B; THENCE SOUTH 11'00'59" WEST, ALONG THE EAST LINE THEREOF, A DISTANCE OF 655.35 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL B AND THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 70'27'29" WEST, 41.80 FEET; THENCE NORTH 77'22'36" WEST, 80.46 FEET; THENCE NORTH 33'29'12" WEST, 40.79 FEET; THENCE NORTH 75'06'24" WEST, 8.12 FEET TO A POINT ON A 22.00 F00T RADIUS CURVE, CONCAVE NORTHWESTERLY; THE RADIAL CENTER OF WHICH BEARS NORTH 43'21'24" WEST; THENCE COUNTER CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16'26'05", A DISTANCE OF 6.31 FEET; THENCE NORTH 30'12'30" EAST, 9.57 FEET; THENCE SOUTH 75'06`24" EAST, 8.78 FEET; THENCE SOUTH 33'29'12" EAST, 40.45 FEET; THENCE SOUTH 77'22'36" EAST, 70.09 FEET; THENCE NORTH 70'27'29" EAST, 12.99. FEET; THENCE SOUTH 78'02'44" EAST, 28.71 FEET TO THE POINT OF BEGINNING. ~~ SURII$YIN6 WC. P. 0. BOX 110700 TACOMA WA. 98411 --o- SBTABLiBf[BD OFFICE 253-404-0983 1°°' FAX 253-404-0984 iBTRUCTION LAYOUT -BOUNDARY AND TOPOGRIPBIC BURYBYB EXPIRES: 1/10/.SO `°~'1"a~ crr JOB NO. 2006-ll1 sw. v~ xw. r---~ rn z R~ ~ w •~ 3 ~ ~ N ~z ~ ~~ ~ U °p ~- z z ~..i a~ SECIYON 6~ 1~VVN~' 20 NoRTF~ RANt}B 5 FA.4r, w1vL E oovrrrY, w~a s ~~ oo, P.OE. S9 W S11170' 944- R/W USE PERMIT WATER STORM DRAINAGE & UTIL ESMT. FOR THE BENEFlT OF LOTS 1 do 2 OF qTY OF AUBURN SHORT PUT RECORDED UNDER A.F.N. 20030705003.E 655.35' W S07'48'03"E ~• N 37.35' / N 78ti2'44' W a ~ _ 28.71' .."~~ ~°~-~\ / / J ---N70~2 99'~ '~` ~ ~~~ ~ ~ / •~ ~~~~~ y ~ ~ ~' 'if! ~ ~/ ~~ S'~~a ~ .~~r 'sue ~ ~ ~~~ Y ~ R=22.00; ?''b~ ", ~ pL 166'26105" ~ ~ / ,~ ,y `,~: ,~ ~k i P.09. EASEMENT 'B' ,¢v >\+'~ •1 15' CLEAN WATER STORM eV ' r'H ~ ~$•`~' DRAINAGE ~ UTILITY ~ ~ ~~ u N~ / ' i EASEMENT FOR 1HE ~ ^ ~ ~~ n ' ~ BENEFlT OF LOTS 1 do 2 = ° ~ a'~ ~ / n1 OF q1Y OF AUBURN ~ '~•~ / '~ SHORT PUT RECORDED ~~ ~ o UNDER A.F N. ~ ~':; ~~ / 20030705003.E 4QSO' ~' ° ~ 7.5' g~ 35' I 75 a° i~ ~ :t; ~ 1Af ~0 ~~~--- No155'1 ~ ~) ~ _ Leo mod' ~._ / ~ 5' i R=19.50 .3 ~ 0 N 01'38'10° W 555.56' '~ ~ Q=86'5919' EAST LINE PER A.F.N. 200102230699 E. VALLEY HWY. EAST G4'/ ~i ~ qTY OF AUBURN ARIGHT-OF-WAY USE / PERMIT N0. 07-11 / FORA 15' CLEAN / WATER STORM ~ DRAINAGE UNE FORT THE BENEFlT OF LOTS 1 AND 2 OF qTY OF AUBURN SHORT PUT REgXtDm UNDER A.F N. 20030705003 ~~.r~ EXPIRES: P suRV$Yuvs uvc. P. 0. HOX 110700 TACOMA 1PA. 98411 BBTABIIBHBD OFFICE 263-404-0983 1DBB FAX 263-404-0984 CONBTBUCHON IAYOUT - BOUNOABY AND TOPOOBAPBIC BURfRYB JOB NO. 2006-1ll Branch :RTW,User :SHAY Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.001 .» _ AFTER RECORDING RETURN TO: Mary ]. Urback PLLC 06- 02 - 2004 11 : 07am $65.00 124t712'hStreetEast PIERCE GOUNTY. WASHINGTON Edgewood, WA 98372 IIII~~I~Idlu~~ll~~ 200406220478 47 PGS 06-22-2004 01:35pm $65.00 Type of Document: Restated Declaration .PIERCE COUNTY. WASHINGTON Grantor: Terrace View Properties, LLC RE-RECORD Grantee: Terrace View Properties, LLC Abbreviated Legal Description: Complete Legal on Pages 29-47 of Document Assessor Parcel Nos.: 0520062705, 0520062024, 0520062045, 0520062044, 0520062043, and 0520062706 THIS DOCUMENT LS RE-RECORDED TO CORRECT SCRIVNER ERROR ON PAGE 7 AND ERROR IN LEGAL DESCRIPTION ON PAGE 46 AND ILLUSTRATIVE MAP ON PAGE 47 RESTATED DECLARATION OF COVENANTS, CONDITIONS AYD RESTRICTIONS RELATING TO ROAD ACCESS, STORMWATER DRAINAGE, AND UTILITIES wu~r«,~v~,r~vK,,.aa~w,~~,,;,o.QZ ~-0c..a 9cCa a~ 4 L~ ...% PIERCE,WA Page 1 of 47 Printed on 11/16/2006 10:37:45 Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.002 RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO ROAD ACCESS, STORMWATER DRAINAGE, AND UTILITIES TABLE OF CONTENTS LIST OF EXHIBITS .................... ..........................................................................4 ARTICLE I -BACKGROUND ,,,,,,,,,,,,,,,,,, 1.1 Property D ............................................ ......5 esorintien , •..•..•. .......................................................................5 1.2 Sho, rt p1at ........................ 1.3 Declaration of Covenants ................................... "5 1.4 Restated Declaration .... ...............................................................5 ...................................................................5 ARTICLE II -DECLARATION ............... 2 1 ...........................................................5 Declaration .............. .........................................................................5 2.1.1 Declaration Anplicahle to Shoo Plat , 2.1.2 Decl ....................................6 station Aeolic hlP f„ Nom C~ntmercial Lot. 2.1.3 Declaration Avnhcable to o ~"""•"""'6 ~tth Com_mer~;aj JAt, ....6 .2.1.4 Declaration Applicable t~ "'~"""" Rodarte_Pro_nerly ......,. ............6 ARTICLE III -DEFINITIONS ........................... .................................................6 3.1 Dec- lc avant .................... 3.2 Desi a Representative ...............................................................6 3.3 Mul_ ti_Family Residenti_,_,_al AreA ........................................................6 3.4 .................................... ................6 North Commercial Area "" 3.6 R~al Pronettv ...................................................................................6 3.7 Rodarte Property„ •••7 ......:............................. ...7 3.8 ite Ma ..................................... ~----p ............................................................ .....7 3.9 port Plat. .......................... ................................................................ 3.10 Successors and A. ~ """'"°••••••••••••••7 st tg~ts ........................................ ............................7 ARTICLE IV _ ROB ACCESS AND MAINTENAN CE .................................7 4.1 Road Access Easement ac,x,ss Short Plat Lot 1 anA 4.2 Matntenance and Re,; + of Road Access Lot 2 ~~~~~~'•'~""7 4.3 "As Built„ --~._ ........................................8 Location of Road Access Easement,,,,,,,,,,,,,,,,,,,,,,•.,....•,9 4.4 E"merEenCV Access (;rantnrt * !~•~. r ~~~ ~ u urn ..............................10 ARTICLE V - WATER AND CABLE UTILITY EASEMENT ,,,,,,,,,,,,,,,,,,,,10 5.1 Water and Cable UtiIit Easement aem s Short P, ia_ t L_o_t 1 5.2 "As Builtz Location of Water and able I7t,stS .L~s ~~~'". '•"""~'• 10 .........10 MJNTacaaViewlTeaaceViawRrklDeeiuat{oa6.p1-W.vB 2 PIERCE,WA Page 2 of47 Printed on 11/16/2006 10:37:45 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.003 ARTICLE VI -SANITARY SEWER, TELEPHONE AND ELECTRICAL AND GAS TRANSMISSION UTII.ITY EASEMENT ......,,.11 6.1 ani ewer Tele o e and El ' al and T smission Utili E ent acros hort Plat and Lot 2 .....................11 6.2 "As Built" Location of Sari AT~Sewer Teleohonp and Electrical and Gas iransnuss>onUhlttvEasement..... .................................11 ARTICLE VII -STORM DRAINAGE UTILITY EASEMENT AND STORMWATER DISCHARGE ................. .......12 7.1 Stonn Drams ..........'.......... age Line Easement across Short Plat o 1 ................12 7.1.1 Storm Drainage I.tne Easement across Short Plat Lot 1......12 7.1.2_`As Built" Location of Storm Drainage Line Easement......12 7,1.3 Mai enance and atr of Storm ina a Line Easement ............ 7.2 Discharge of Stormwater ..............................................................12 ......................................................14 7.2.1 Trillium Stormwater Fac' "ty Agreement .............................14 7.2.2 Tnlhum StormwaterFacility se. ...14 7.2.3 All carionofTrilli ~~~~~~~•~•~~~~~~~~~~~~~~~~""""" um Stormwater Facility TcP,,,,,, ,,,,,,,,14 7.2.4 Allocation of Erosion Control Assign_**~e of Funds ........,.14 7.2.5 Other Terms of Tn1Lum Stormwater Facility! Artreement...15 ARTICLE VIII -CLEAN WATER STORM DRAINAGE UTILITY EASEMENT ..................... ......................................... 8.1 Clean Water """"'•'•• Storm 'nape Utility acement across North Commercial Area ................. .15 ................................................ 8.2 "As Built" cation of lean w~~ Storm Drainage ~~~~ Utthty Easement ............. 8.3 Maintenance and Repair of Clean Water Storm D """""•• 15 Easement ............. rainaee ........................................................................16 ARTICLE IX -GENERAL PROVISIONS ....................... 9.1 Rights and Obligation of Lender. ................................17 9.2 Covenant Running w+}h the band .....................................'........'.l 7 ... ............. 9.3 Amendment ...................... ...........:18 9.4 Attorn~s' Fees .......................................................................... 9.5 Noti es ............................ ...........................................................18 9.6 Miscellaneous........... •••••••••••19 ....................................................................19 MlNTemeeV iewlTmaceV iavP~rk~Dxy,arionb„pl-04.v8 PIERCE,WA Page 3 of 47 Printed on 11/16/2006 10:37:46 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.004 LIST OF EXHBITS EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: EXHIBIT G: EXHIBIT H: EXHIBIT I: EXHIBIT J: EXHIBIT K: EXHI$TT L: EXHIBIT M: EXHIBIT N: Multi-Family Residential Area Legal Description North Commercial Lot Legal Description Real Property Legal Description Rodarte Property Legal Description lllustrative Site Map Short Plat Lot 1 Plat Legal Description Short Plat Lot 2 Legal Description South Commercial Lot Legal Description Road Access Easement Corridor Legal Description Water and Cable Utility Easement Corridor Legal Description Sanitary Sewer, Telephone and Electrical and Gas Transmission Utility Easement Corridor Legal Description Storm Drainage Line Legal Description Clean Water Storm Drainage Utility Easement Legal Description Clean Water Storm Drainage Utility Easement lllustrative Map MJ~1TemaceVkwReriaceViewpuklDeclara~ion.6-01.06.v8 4 PIERCE,WA Page 4 of 47 Printed on 11/16/2006 10:37:46 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.005 This Restated Declaration of Covenants, Conditions and Restrictions Relating to Road Access, Stormwater Drainage, and Utilities ("Declaration" or "Restated Declazation'~ is made this 1st day of June, 2004 by Terrace View Properties, LLC ("Declazant'~. ARTICLE I. BACKGROUND 1.1 Property. Description Declarant is the owner of certain real property ("Real Property") located in the City of Auburn, pierce County and King County, Washington. The Real Property consists of a proposed multi-family residential area ("Multi-Family Residential Area"), a commercial area ("North Commercial Lot's, a south commercial area ("South Commercial Lot's (collectively commonly known as `"Terrace View Park Development"), and certain real property identified hereinbelow as the Rodarte property ("Rodarte Property"). 1.2 Short Plat, Declarant has created a short plat in the City of Auburn ("Short Plat") of that portion of the Real Property commonly known as the Multi-Family Residential Area. The Short Plat has now been approved by the City of Auburn under Short Plat File No. SPLP2-0006 and is recorded under Pierce County Auditor's File No. 200307075003. Far purposes of this Declaration, the south portion of the Multi-Family Residential Area will be known as Lot 1 ("Short Plat Lot I'~ and the north portion of the Multi-Family Residential Area will be known as Lot 2 ("Short Plat Lot 2") as illustratively shown on the Site Map. 1.3 Declaration of Cov ants. As a condition of approval of the Short Plat in the City of Auburn, certain easements for road access, stormwater drainage, and sewer, water and other utilities are required to be created. Declarant, therefore, desires by this Declaration to create certain easements for the benefit of the Short Plat as well as for the benefit of the Rodarte Property and to subject the Real Property to the covenants, restrictions, easements, and liens as set forth specifically under this Declaration. 1.4 Restated Declaration. The purpose of this Restated Declaration is to supersede and replace and this Restated Declaration shall supersede and replace in all respects that certain Declaration recorded under Pierce County Auditor's File Nos. 200404080358 and 200307070444. ARTICLE II DECLARATION 2.1 Declaration. Declarant imposes upon the Real Property as specifically identified herein the following terms and conditions; MINTameeView\TetraeeV kwPUiclpee4nuoa6.01.04.v8 PIERCE,WA Page 5 of 47 Printed on 11/16/2006 10:37:47 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: _. Station Id :BXBY 200406220478.006 2.1.1 Declaration Aoolicabte to short Plat. Declarant declazes that the Short Plat shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens set forth under each and every provision of this Declaration. 2.1.2 Declaration Applicable to North Commercial Lnr, the North Commercial Lot shall be held, transferred, sold, conveyed, and occupiedtsubjeci totthet covenants, restrictions, easements, charges and liens set forth under Articles 1, 2, 3, 5, 7, 8 and 9 of this Declaration. 2.1.3 Declaration Applicable to South Corr~mercial Lot. Declazant declares that the South Commercial Lot shall beheld, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens set forth under Articles 1, 2, 3, 5, 7, and 9 of this Declaration. 2.1.4 Declaration A licable to Rod rte Pro rt . Declarant declares that the Rodarte Property shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens set forth under Articles 1, 2, 3, 4, 5, 6, and 9 of ibis Declaration. ARTICLE III DEFINIT ON 3.1 "Declarant" shall mean Terrace View Properties, LLC and its successors and assigns. 3.2 "Designated Representative" shall mean the Owner of Short Plat Lot 1. property legally3desc b dt~on Exhibit sA eattached heretoaland a ncorporated, herein the than reference. y 3.4 "North Commercial Lot" shall mean that portion of the real property legally described on Exhibit B attached hereto and incorporated herein by this reference. The North Commercial Lot is shown as Parcel "$" on the Site Map. 3.5 "Owner" shall mean every person or entity, including Declarant, which is a record owner of the fee simple title of Short Plat Lot 1 or Lot 2, the North Commercial Lot, the South Commercial Lot, or the Rodarte Property, and successors and assigns of each record owner or if any lot is sold under real estate contract, the vendee or vendees under that contract; r vided, owever, that the term "Owner" shall not include those having such interest merely as security for the performance of an obligation. bUU\Tem.,a ViewlTerrdecViewparklpeclanKOn.601 -0~7.v8 PIERCE,WA Page 6 of47 Printed on 11/16/2006 10:37:48 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.007 3.6 "Real Property" shall mean that certain real property legally described on Exhibit C attached hereto and incorporated herein by this reference and illustratively shown on the Site Map. 3.7 "Rodarte Property" shall mean that certain real property legally described on Exhibit D attached hereto and incorporated herein by this reference. 3.8 "Site Map" shall mean an illustrative drawing attached hereto as Exhibit E and incorporated herein by this reference, evidencing the boundaries of Declarani's Real Property subject to this Declaration. 3.9 "Short Plat" shall mean that portion of the Real Property identified as Pazcel A on the Site Map and legally described on Exhibit A attached hereto and incorporated herein by this reference. 3.9.1 "Short Plat Lot 1" shall mean the south portion of the Multi- Family Residential Area and Legally described on Exhibit F attached hereto and incorporated herein by this reference. 3.9.2 "Short PIat Lot 2" shall mean the north portion of the Multi-Family Residential Area and legally described on Exhibit G attached hereto and incorporated herein by this reference. 3.9.3 "South Commercial Lot" shat! mean that portion of the real property legally described on Exhibit H attached hereto and incorporated herein by this reference. The South Commercial Lot is shown on the Site Map. 3.10 "Successors and Assigns" shall include, but is not limited to, the successors and assigns in title and interest of owner, mortgagees, beneficiaries of deeds of trust, secured parties, under security agreements, and any purchaser upon the foreclosure of any such security interest or in lieu thereof. The term also includes contract purchasers, optionees, trustees and lessees. ARTICLE IV ROAD ACCESS AND MAINTENANCE 4.1 Road Access Easem nt across Short Plat L land Lot 2. Declarant hereby establishes for the benefit of Short Plat Lot 1, Lot 2, and the Rodarte Property anon-exclusive easement for the purpose of construction, maintenance and repair of vehicular and pedestrian ingress and egress across and over that portion of the Real Property legally described on Exhibit 1 attached hereto and incorporated herein by this reference (the "Road Access Easement" or "Road Access"). M)tJ~TemceVieMTrnaxViewpadc~peC~a,~joa6.21-01.~9 7 PIERCE,WA Page 7 of 47 Printed on 11/16/2006 10:37:48 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.008 4.2 Maintenanc d Re air of R a Access. 4.2.1 Upon construction of the Road Access within the Road Access Easement, the Owner of Short Plat Lot 1 (the "Designated Representative") shall maintain the Road Access Easement in good order, repair and condition, including resurfacing the Road Access Easement when reasonably necessary as evidenced by pavement tvdding, potholes or depressions in the pavement, settlement of the pavement, cracking of the pavement or such other condition as may reasonably require repair to maintain the pavement in good order, repair and condition ("Ordinary Maintenance and Repair Work"). Except as provided below under Section 4.2.2, upon a determination that the Road Access Easement requires Ordinary Maintenance and Repair Work under this Declaration, the Designated Representative shall provide written notice to the Owner of Short Plat Lot 2 and the Owner of the Rodarte Property of the nature of such maintenance and repair work and the cost of such maintenance and repair. If the Owner of a Short Plat Lot or the Owner of the Rodarte Property believes that such maintenance or repair work is necessary, it shall give the Designated Representative written notice thereof identifying the nature and location of the needed repair or maintenance. Prior to the commencement of such maintenance and repair work, the other Owner shall have the right to object in writing, within ten (10) days of receipt of such notice of maintenance and repair work, to either the nature of or the cost of such maintenance and repair work. Ordinary Maintenance and Repair Work by the :Designated Representative in the Road Access Easement shall be scheduled in advance with the Owner of Short Plat Lot 2 so that disruption of operations to the Owner of Lot 2 are minimized to the extent reasonably possible. The Owner of each Lot in the Short Plat and the Owner of the Rodarte Property shall reimburse the Designated Representative for that Owner's share of the cost incurred in maintaining the Road Access Easement, together with a fee equal to two percent (2%) thereof, within thirty (30) days after an Owner's receipt of each invoice therefor reflecting the expenditure and that Owner's share thereof. 4.2.2 In the event of a repair arising from an emergency or extraordinary circumstance ("Emergency Repair Work"}, the Owner of Short Plat Lot I, Short Plat Lot 2, or the Rodarte Property shall have the authority to proceed with the Emergency Repair Work without first providing notice to the other Owner as required herein; rov'd d, however, the Owner performing the Emergency Repair Work shall provide written notice of the nature and approximate cost of the Emergency Repair Work as soon as possible, but in any event not later than five (5) days following commencement of such Emergency Repair Work. The Owner Performing the Emergency Repair Work shall be reimbursed for the other Owner's shaze of the cost incurred in performing the Emergency Repair Work, together with a fee equal to two percent (2%) thereof, within thirty (30) days after an Owner's receipt of each invoice therefor reflecting the expenditure and that Owner's share thereof. 4.2.3 Maintenance and repair work performed under this Section 4.2 shall be borne 49.5% by Short Plat I..ot 1, and 49.5% by Short Plat Lot 2, and I.009o by the Rodarte Property (1.00%). 4.2.4 Any amount not paid when due shall bear interest at the rate of twelve percent (12%) per annum from the due date therefor. M1U~TertaceViewlTuraaViewPuklDe:lamtion.fiA t-0i.v6 PIERCE,WA Page 8 of47 Printed on 11/16/2006 10:37:49 AM Document: CCR 2004.06220478 _.. Branch :RTW,User :SHAV Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.009 4.2.5 If the Owner of a Short Plat Lot or the Owner of the Rodarte Property shall default in the full, faithful and punctual performance of any obligation required under Section 4.2, and if at the end of twenty (20) days after written notice from any Owner of a Short Plat Lot or Owner of the Rodarte Property or the party to whom its authority has been delegated, stating with particularity the nature and extent of such default, the defaulting Owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then the other Owner of a Short Plat Lot or Owner of the Rodarte Property, or the party to whom its authority has been delegated shall, in addition to all other remedies it may have at law or in equity, have the right to perform such obligation of this Declaration on behalf of such defaulting Owner and recover the cost thereof, together with interest at the rate of twelve percent (12%) per annum. Any such claim for reimbursement, together with interest as aforesaid, shall be a secured right and a lien shall attach and take effect upon recordation of a lien claim by the claimant with the Pierce County Auditor's Office or King County Recorder's Office of the King County Records and Elections Division, as the case may be. The claim of lien shall include the following: {I) the name of the claimant; (2) a statement concerning the basis of the claim of the lien; (3) the last known name and address of the owner or reputed owner of [he property against which the lien is claimed; {4) a description of the property against which the lien is claimed; (S} a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof; and (6} a statement that the lien is claimed pursuant to the provision of this Declazation. The notice shalt be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon or mailed to the party against whom the lien is claimed, either by persona! service or by mailing {first class, certified, return receipt requested) at the address for mailing of tax statements with respect to tEte property against which the lien is claimed. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced in any manner allowed by law for the foreclosure of liens. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of trust given in good faith and for value now or hereafter encumbering the property subjected to the lien which is recorded prior to the date of such lien, and any purchaser at any foreclosure or trustee's sale (as welt as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and cleaz from any such then existing lien, bui otherwise be subject to the provisions of this Declazation. The failure of the Owner of a Short Plat LoE or Owner of the Rodarte Property to insist in any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions fiereof. 4.3 "As Built" Loca ion of R ad Access Ease ent. 4.3.I Declarant hereby acknowledges and recognizes that the actual location of the Road Access within the Road Access Easement described on Exhibit I is not known at the time of execution of this Declaration for the reason that the road access is not constructed. 4.3.2 The Owners of Short Plat Lot 1 and Lot 2 and the Owner of the Rodarte Property consent to and hereby agree to revise this Declaration, if necessary, in order that the location of the Road Access Easement shall be in accordance with the "As Built" location of the M1U1Terta~eViewl7erraeeYiewpaelclDecla~,fon.601-OS. vB 9 PIERCE,WA Page 9 of 47 Printed on 11/16/2006 10:37:49 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.010 Road Access ("As Built Road Access Easement"). The Owners of Short Plai Lot 1 and Lot 2 and the Owner of the Rodarte Property hereby consent to and shall execute, if necessary, an amendment to this Declaration for the purpose of revising the location of the Road Access Easement in accordance with the "As Built" location of the road access. 4.4 Emer enc Access Granted to Cit of Aubu In accordance with the requirements of the City of Auburn, there shall be free access for emergency vehicles over and across the Road Access Easement. ARTICLE V W TER AND C LE UTILITY EMENT 5.1 Water and Cade Utility Easement Across Short Plat Lot 1 and Lot 2. Declarant hereby establishes for the benefit of Short Plat Lot I and Lot 2, the North Commercial Lot, the South Commercial Lot, and the Rodarte Property anon-exclusive easement for purposes of installation, maintenance, repair and access to water and cable utility lines to be dedicated to the City of Auburn and such other appropriate utility provider across and under that portion of Short Plat Lot 1 and Lot 2 legally described on Exhibit J attached hereto and incorporated herein by this reference and illustratively shown on Exhibit E as "South Access, Drainage and Utility Easement", "North Road" Access, Drainage and Utility Easement", and "IS' Utility Easement". 5.2 "As Built" L~'ation of Water and Cable Utility cement. 5.2.1 Declarant hereby acknowledges and recogaizes that the actual location of the water and cable utility lines within the corridor described on Exhibit J is not known at the #ime of execution of this Declaration for the reason that the water and cable utility lines are not installed. 5.2.2 The Owners of Short Plat Lot 1 and Lot Z, the Notch Commercial Lot, the South Commercial Lot, and the Rodarte Property consent to and hereby agree to revise this Declaration, if necessary, in order that the location of the Water and Cable Utility Easement shall be in accordance with the "As Built" location of the water and cable lines ("As Built Water and Cable Utility Easement"). The Owners of Short Plat Lot 1 and Lot 2, the North Commercial Lot, the South Commercial Lot and the Rodarte Property hereby consent to and shall execute, if necessary, an amendment to [his Declaration for the purpose of revising the location of the Water and Cable Utility Easement in accordance with the "As Built" location of the water and cable utility Ines. 5.2.3 Upon acceptance of the water and cable utility lines by the City of Aubum and such other appropriate utility provider, the Owners of Short Plat Lot 1 and Lot 2, the North Commercial Lot, the South Commercial Lot, and the Rodarte Property shall. dedicate an appropriate As Built Water Utility Easement to the City of Auburn and an appropriate As Built Cable Utility Easement to such other appropriate utility provider under such terms and M1U~TertaczViewlTcrrsceViewPark~peolaradon.6-0t-OS.vB l o PIERCE,WA Page 10 of 47 Printed on 11/16/2006 10:37:50 AM Document: CCR 2004.06220478 Branch :RTW,User :SHAV Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.011 conditions required by the City of Auburn and such other appropriate utility provider. Upon recordation of such easements, the terms and conditions of Article V of this Declaration shall be and hereby aze terminated and released. ARTICLE VI SAMTARY SEWER AND TELEPHONE ELECTRICAL AND GAS TRANSNIISSION UTILITY EASEMENT 6.1 Sanitar~Sewer and Telephone Electrical and Gas Transmission Utility Easement across Short Plat Lot 1 and Lot 2. Declazant hereby establishes for the benefit of Short Plat Lot 1, Short Plat Lot 2, and the Rodarte Property anon-exclusive easement for purposes of installation, maintenance, repair and access to sanitary sewer and telephone, electrical and gas transmission utility lines to be dedicated to the City of Auburn and such other appropriate utility provider across and under that portion of Short Plat Lot 1 and Lot 2 legally described on Exhibit K attached hereto and incorporated herein by this reference (the "Sanitary Sewer and Telephone, Electrical and Gas Transmission Utility Easement") and illustratively shown on Exhibit E as "South Access, Drainage and Utility Easement" and "North Road" Access, Drainage and Utility Easement". 6.2 "As Built" Location of Sanitary Sewer and Telephone Electrical and Gas Transmission Utility Easement. 6.2.1 Declarant hereby acknowledges and recognizes that the actual location of the sanitary sewer and telephone, electrical and gas transmission utility lines within the corridor described on Exhibit K is not known at the time of execution of this Declazation for the reason that the sanitary sewer and telephone, electrical and gas transmission utility lines are not installed. 6.2.2 The Owners of Short Plat Lot 1 and Lot 2 consent to and hereby agree to revise this Declaration, if necessary, in order that the location of the Sanitary Sewer and Telephone, Electrical and Gas Transmission Utility Easement shall be in accordance with the "As Built" location of the sanitary sewer and telephone, electrical and gas transmission utility lines ("As Built Sanitary Sewer, Telephone, Electrical and Gas Utility Easement"). The Owners of Short Ptat Lot 1 and Lot 2 hereby consent to and shall execute, if necessazy, an amendment to this Declaration for the purpose of revising the location of the Sanitazy Sewer and Telephone, Electrical and Gas Transmission Utility Easement in accordance with the "As Built" location of the sanitary sewer line. 6.2.3 Upon acceptance of the sanitary sewer line by the City of Auburn and upon acceptance of the telephone, electrical and gas transmission lines by such other appropriate utility provider, the Owners of Short Plat Lot 1 and Lot 2 shall dedicate an appropriate easement for the "As Built" Sanitary Sewer line to the City of Auburn and shall dedicate an appropriate easement for the Telephone, Electrical and Gas Transmission Utility lines to such other lI M11J~TenaceV iewlTerteceViewparlADeelaration.6-01.03, v8 PIERCE,WA Page 11 of 47 Printed on 11/16/2006 10:37:1 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.012 appropriate utility providers. Upon recordation of such easements, the terms and conditions of Article VI of this Declaration shall be and hereby are terminated and released. STORM DRAINAGE UTILITY EASETIYIENT AND STORMWATER DISCHARGE 7.1 Storm Drai_ a e Line Easement, 7.1.1 Storm Drains a Line Easement acros ort Plat Lot 1. Declazant hereby establishes for the benefit of Short Piat Lot 1 and Lot 2 anon-exclusive easement for purposes of installation, maintenance, repair and access to a storm drainage Iine across and under that portion of Short Plat Lot 1 legally described on Exhibit L attached hereto and incorporated herein by this reference (the "Storm Drainage Line EasemenY7 and illustratively shown on Exhibit E as "South Access, Drainage and Utility Easement". 7.1.2 "As Built" Location of Storm D e Line Easement, 7.1.2(a) Declarant hereby acknowledges and recognizes that the actual location of the storm drainage line within the corridor described on Exhibit L is not known at the time of execution of this Declaration for the reason that the storm drainage line is not installed. 7.1.2(b) The Owners of Short Plat Lot 1 and Lot 2 consent to and hereby agree to revise this Declaration, if necessary, in order that the location of the Storm Drainage Line Easement shall be in accordance with the "As Built" location of the storm drainage line ("As Built Storm Drainage Line Easement"). The Owners of Short Plat Lot 1 and Lot 2 hereby consent to and shall execute, if necessary, an amendment to this Declaration for the purpose of revising the location of the Storm Drainage Line Easement in accordance with the "As Built" location of the storm drainage line. 7.1.3 Maintenance and R air of Storm Drains a Line ent. 7.1.3(a) The Owner of Short Plat Lot 1 (the "Designated Representative") shall maintain the Storm Drainage Line Easement in good order, repair and condition ("Ordinary Maintenance and Repair Work'. Except as provided below under Section 7.1.3(b), upon a deternunation that the Storm Drainage Line Easement requires Ordinary Maintenance and Repair Work under this Declaration, the Designated Representative shall provide written notice to the Owner of Short Plat Lot 2 of the nature of such maintenance and repair work and the cost of such maintenance and repair. If an Owner of a Short Plat Lot believes that such maintenance or repair work is necessary, it shall give the Designated Representative written notice thereof identifying the nature and location of the needed repair or maintenance. Prior to the commencement of such maintenance and repair work, the other Owner shall have the right to object in writing, within ten (10) days of receipt of such notice of Ordinary Maintenance and Repair Work, to either the nature of or the cost of such maintenance and repair work. Ordinance Maintenance and Repair Work by the Designated Representative of the Storm Drainage Line Easement shall be scheduled n~utnr~~avkW~r~rr.«vxWr,~t~aw~RQOi~oa.~e 12 PIERCE,WA Page 12 of 47 Printed on 11/16/2006 10:37:51 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.013 in advance with the Owner of Short Plat Lot 2 so that disruption of operations to the Owner of Short Plat Lot 2 are minimized to the extent reasonably possible. The Owner of each Lot in the Short Plat shall reimburse the Designated Representative for that Owner's share of the cost incurred in maintaining the Storm Drainage Easement, together with a fee equal to two percent (2%) thereof, within thirty (30) days after an Owner's receipt of each invoice therefor reflecting the expenditure and that Owner's share thereof. 7.1.3(b) In the event of a repair arising from an emergency or extraordinary circumstance ("Emergency Repair Work"), either Owner of Short Ptat Lot 1 or Lot 2 shall have the authority to proceed with the Emergency Repair Work without first providing notice to the other Owner as required herein; rov'ded, however, the Owner performing the Emergency Repair Work shall provide written notice of the nature and cost of the Emergency Repair Work as soon as possible, but in any event not later than five (5) days following commencement of such Emergency Repair Work. The Owner Performing the Emergency Repair Work shall be reimbursed for the other Owner's share of the cost incurred in performing the Emergency Repair Work, together with a fee equal to two percent (2%) thereof, within thirty (30) days after an Owner's receipt of each invoice therefor reflecting the expenditure and that Owner's share thereof 7.1.3(c) Maintenance and repair work performed under this Section 7.1.3 shall be borne equally by Short Plat Lot 1 (50%) and Lot 2 (50%). 7.1.3(d) Any amount not paid when due shall beaz interest at the rate of twelve percent (12%) per annum from the due date therefor. 7.1.3(e) If the Owner of any Short Plat Lot shall default in the full, faithful and punctual performance of any obligation required under Section 7.1.3, and if at the end of twenty (20) days after written notice from any Owner of a Short Plat Lot or the party to whom its authority has been delegated, stating with particularity the nature and extent of such default, the defaulting Owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then the other Owner of a Short Plat Lot or the party to whom its authority has been delegated shall, in addition to al! other remedies it may have at law or in equity, have the right to perform such obligation of this Declaration on behalf of such defaulting Owner and recover the cost thereof, together with interest at the rate of twelve percent (12%) per annum. Any such claim for reimbursement, together with interest as aforesaid, shall be a secured right and a lien shall attach and take effect upon recordation of a lien claim by the claimant with the Pierce County Auditor's Office. The claim of lien shall include the following: (1) the name of the claimant; (2} a statement concerning the basis of the claim of the lien; {3) the last known name and address of the owner or reputed owner of the property against which the lien is claimed; (4) a description of the property against which the lien is claimed; (5} a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof; and (6) a statement that the [ien is claimed pursuant to the provision of this Declaration. The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon or mailed to the party against whom [he lien is claimed, either by personal service or by mailing (first class, certified, return receipt requested) M! U1Temce V iewlTtt race V ie wParklDec Lvatioa 6.01-P1. v8 13 PIERCE;WA Page 13 of 47 Printed on 11/16/2006 10:37:52 AM Document: CCR 2004.06220478 Branch :RTW,User :SHAV Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.014 at the address for mailing of tax statements with respect to the property against which the lien is claimed. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced in any manner allowed by law for the foreclosure of liens. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of trust given in good faith and for value now or hereafter encumbering the property subjected to the lien which is recorded prior to the date of such lien, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise be subject to the provisions of this Declaration. The failure of the Owner of a Short Plat Lot to insist in any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions hereof. 7.2 Discharge of stormwater. 7.2.1 Trillium stormwater Facility Agreement. Declarant entered into a Voluntary Agreement for the Use of the Trillium Regional stormwater Facility with Pierce County recorded under Pterce County Auditor's File No. 200004070523 (Trillium stormwater Facility Agreement"). 7.2.2 Trillium stormwater Facility Use. In accordance with paragraph 3 of the Trillium stormwater Facility Agreement, Declazant has the right to discharge stormwater from the Terrace View Park Development described on Exhibits A, B, and H in a developed condition at a maximum flow rate of 22.01 cubic feet per second {cfs) for the 100 year-24 hour storm event {"Trillium Soormwater Facility Use"). 7.2.3 Allocation of Trillium stormwater Facility Use. By this Declaration, the Declarant hereby establishes that the Trillium stormwater Facility Use shall be allocated as follows: 7.2.3(a) Short Plat Lot 1 shall have the right to dischazge stormwater from the developed Lot 1 at the rate of 7.48 cfs for the 100 year-24 hour storm event. 7.2.3(b) Short Plat Lot 2 shall have the right to discharge stormwater from the developed Lot 2 at the rate of 6.65 cfs for the 100 year-24 hour storm event. discharge stormwater from the deve oped North Commerc al Lot atthehrate of 4.82 cfsnfortthe 100 year-24 hour storm event. 7.2.4(d) The South Commercial Lot shall have the right to discharge stormwater from the developed South Commercial Lot at the rate of 3.06 cfs for the 100 year-24 hour storm event. 7.2.4 Allocation of Erosion Control Assi nment of Funds. In accordance with paragraph 4 of the Trillrum stormwater Facility Agreement, Declarant is obligated to make MJU~TerroeeViewlTertneeViewPark~Deciaradoo.6-0I-Pi. v8 14 PIERCE,WA Page 14 of 47 Printed on 11/16/2006 10:37:52 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.015 a total assignment of funds in the sum of Eighty-Six Thousand and No/100 Dollars ($86,000) for erosion control during construction of improvements on the Terrace View Park Development ("Erosion Control Assignment of Funds Obligation"). By this Declaration, the Declarant hereby establishes that the Erosion Control Assignment of Funds Obligation shall be allocated as follows: 7.2.4(a) Short Plat Lot 1 shall deposit 34.0% of the Erosion Control Assignment of Funds Obligation. 7.2.4(b) Short Plat Lot 2 steal! deposit 30.2% of the Erosion Control Assignment of Funds Obligation. 7.2.4(c) The North Commercial Lot shall deposit 21.9% of the Erosion Control Assignment of Funds Obligation. 7.2.4(4) The South Commercial Lot shall deposit 13.90!0 of the Erosion Control Assignment of Funds Obligation. 7.2.5 Other Terms of Trillium Stormwater Facility Aereement. Except as otherwise declared and established by this Declaration under Paragraphs 7.2.3 and 7.2.4, the ierms and conditions of the Trillium Stormwater Facility Agreement shall apply in full force and effect to Short Plat Lot 1 and Lot 2, the North Commercial Lot and the South Commercial Lot ail collectively known as the Terrace View Park Development. ARTICLE VIII CLEAN WATER STORM DRAWACF UTILITY EASEMENT 8.1 Clean Water Storm Drainaee Utilitv Easement across North Commercial Lot. Declarant hereby establishes for the beneft of Short Plat Lot 1 and Lot 2 anon-exclusive easement for purposes of installation, maintenance, repair and access to a clean water storm drainage line across and under that portion of the North Commercial Lot legally described on Exhibit M attached hereto and incorporated herein by this reference (the "Clean Water Storm Drainage Easement") and illustratively shown on Exhibit N. 8.2 "As Built" Location of Clean Water Storm Drainaee CJtility Easement. 8.2.1 Declazant hereby acknowledges and recognizes that the actual location of the clean water storm drainage line within the Clean Water Storm Drainage Easement described on Exhibit M is not known at the time of execution of this Declaration for the reason that the clean water storm drainage line is not installed. 8.2.2 The Owner of the North Commercial Lot and the Owners of Short Plat Lot 1 and Lot 2 consent to and hereby agree io revise this Declaration, if necessary, in order that the location of the Clean Water Storm Drainage Easement shall be in accordance with the "As Built" location of the clean water storm drainage .line ("As Built Clean Water Storm Drainage M1U1TertaceYiewlTertateViewPark~Declarutivatr0l-0•F,vB 15 PIERCE,WA Page 15 of 47 Printed on 11/16/2006 10:37:3 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.016 Easement"). The Owner of the North Commercial Lot and the Owners of Short Plat Lot 1 and Lot 2 hereby consent to and shall execute, if necessary, an amendment to this Declaration for the purpose of revising the location of the Clean Water Storm Drainage Easement in accordance with the "As Built" location of the clean water storm drainage line. 83 Mainten nee and Re air of Cle n Water Storm r 'na a Easement. 8.3.1 The Short Plat Owner of Lot 1 (the "Designated Representative") shall maintain the Clean Water Storm Drainage Easement in good order, repair and condition ("Ordinary Maintenance and Repair Work'. Except as provided below under Section 8.3.2, upon a determination that the Clean Water Storm Drainage Easement requires Ordinary Maintenance and Repair Work under this Declaration, the Designated Representative shall provide written notice to the Owner of Shor[ Plat Lot 2 of the nature of such maintenance and repair work and the cost of such maintenance and repair. )f an Owner of a Short Plat Lot believes that such maintenance or repair work is necessary, it shall give the Designated Representative written notice thereof identifying the nature and ]ovation of the needed repair or maintenance. Prior to the commencement of such maintenance and repair work, the other Owner shall have the right to object in writing, within ten (10) days of receipt of such notice of Ordinary Maintenance and Repair Work, to either the nature of or the cost of such maintenance and repair work. Maintenance and repair work by the Designated Representative in the Clean Water Storm Drainage Easement shall be scheduled in advance with the Owner of Short Plat Lot 2 so that disruption of operations to the Owner of Lot 2 are minimized to the extent reasonably possible. The Owner of each Lot in the Short Plat shall reimburse the Designated Representative for that Owner's share of the cost incurred in maintaining the Clean Water Storm Drainage Easement, together with a fee equal to two percent {2%) thereof, within thirty (30) days after an Owner's receipt of each invoice therefor reflecting the expenditure and that Owner's share thereof. 8.3.2 In the event of a repair arising from an emergency or extraordinary circumstance ("Emergency Repair Work"), either Owner of Short Plat Lot 1 or Lot 2 shall have the authority to proceed with the Emergency Repair Work without first providing notice to the other Owner as required herein; rovided, however, the Owner performing the Emergency Repair Work shall provide written notice of the nature and approximate cost of the Emergency Repair Work as soon as possible, but in any event not later than five (5) days following commencement of such Emergency Repair Work. The Owner Performing the Emergency Repair Work shall be reimbursed for the other Owner's share of the cost incurred in performing the Emergency Repair Work, together with a fee equal to two percent (2%) thereof, within thirty (30} days after an Owners receipt of each invoice therefor reflecting the expenditure and that Owner's share thereof. 8.3.3 Maintenance and repair work performed pursuant to Section 8.3 shall be borne equally by Short Plat Lot 1 (50%) and Lot 2 (50%). 8.3.4 Any amount not paid when due shall bear interest at the rate of twelve percent (12%) per annum from the due date therefor. F1JU1TertattViewlTuraceViewPecklDeeLvation6-0t-04,v$ 16 PIERCE,WA Page 16 of 47 Printed on 11/16/2006 10:37:53 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.017 8.3.5 If the Owner of any Short Plat Lot shall default in the full, faithful and punctual performance of any obligation required under Section 8.3, and if at the end of twenty (20) days after written notice from any Owner of a Lot or the party to whom its authority has been delegated, stating with particularity the nature and extent of such default, the defaulting Owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then the other Owner of a Short Plat Lot or the party to whom its authority has been delegated shall, in addition to all other remedies it may have at law or in equity, have the right to perform such obligation of this Declaration on behalf of such defaulting Owner and recover the cost thereof, together with interest at the rate of twelve percent (I2%) per annum. Any such claim far reimbursement, together with interest as aforesaid, shat! be a secured right and a lien shall attach and take effect upon recordation of a lien claim by the claimant with the Pierce County Auditor's Office. The claim of lien shall include the following: (1) the name of the claimant; (2) a statement concerning the basis of the claim of the lien; (3) the last known name and address of the owner or reputed owner of the property against which the lien is claimed; (4) a description of the property against which the lien is claimed; (5) a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof; and (6) a statement that the lien is claimed pursuant to the provision of this Declaration. The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon or mailed to the party against whom the lien is claimed, either by personal service or by mailing (first crass, certified, return receipt requested) at the address for mailing of tax statements with respect to the property against which the lien is claimed. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and it may be enforced in any manner allowed by law for the foreclosure of liens. Notwithstanding the foregoing, such liens shat! be subordinate to any mortgage or deed of trust given in good faith and for value now or hereafter encumbering the property subjected to the lien which is recorded prior to the date of such lien, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shat! take free and clear from any such then existing lien, but otherwise be subject to the provisions of this Declaration. The failure of the Owner of a Short Plat Lot to insist in any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions hereof. ARTICLE IX tNERAL PROVISI NS 9.1 Riehts and Oblii?ations o Lender. The charges and burdens of this Declara[oin are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or deed of trust hereafter made in good faith and for value affecting the Real Property or any part thereof, or any improvements now or hereafter placed thereon, but are subordinate to the security interests of record on the date hereof. A breach of any of the easements, covenants, or restrictions hereof shall not defeat or render invalid the lien or charge of any mortgage or deed of trust. The superiority of this Declaration shall be limited to the extent that title to any property acquired through sale under foreclosure of any mortgage or deed of trust affected by power of M1NTerrxeV iewlTerracaVfewParklDa Wation.6A1-0f.v8 17 PIERCE,WA Page 17 of 47 Printed on 11/16/2006 10:37:54 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.018 sale, judicial proceedings, or otherwise, shalt be subjcct to all the charges and burdens affecting the Real Property by virtue of this Declaration. 9.2 Covenant Running; with the Lang. The easements, covenants, and restrictions granted hereunder this Declaration as set forth above shall benefit and burden the land as specifically described hereinabove and are granted for the use of the Owners (as long as they hold an interest in any portion of the Real Property) and their respective successors, assigns, and the tenants, employees, agenis, contractors, subtenants, licensees, concessionaires, customers and business invitees of each of them. 9.3 Amendment. 9.3.1 Article 4 may be amended, modified or cancelled only by written consent of a majority of the record Owners of the Short Plat and the Rodarte Property. 9.3.2 Article 5 may be amended, modified or cancelled only by written consent of a majority of the record Owners of the Short Plat, the North Commercial Lot, the South Commercial Lot and the Rodarte Property. 9.3.3 Article 6 may be amended, modified or cancelled only by written consent of a majority of the record Owners of the Short Plat and the Rodarte Property. 9.3.4 Section 7.1 may be amended, modified or cancelled only by written mutual consent of the record Owners of the Short Plat. 9.3.4 Section 7.2 may be amended, modified or cancelled only by written consent of a majority of the record Owners of the Short Plat, the North Commercial Lot, and the South Commercial Lot. 9.3.5 Article 8 may be amended, modified or cancelled only by written consent of a majority of the record Owners of the Short Plat and the North Commercial Lot. 9.3.6 Except as specifically provided above under Sections 9.3.1 through 9.3.5, the other Articles of the Declaration may be amended, modified, or cancelled only by written consent of a majority of the record Owners of the Real Property. 9.3.7 As used herein the term "record owner" shall include contract purchasers. 9.4 Attorneys' Fees If any lawsuit or azbitration arises in connection with this Declaration, including without limitation, an action to rescind this Declaration, the substantially prevailing party therein shall be entitled to recover from the losing party the substantially prevailing party's costs and expenses, including reasonable attorneys' fees, incurred in connection therewith, in preparation therefor and on appeal therefrom, including those in any bankruptcy proceeding, which amounts shall be included in any judgment entered therein. M1U1TecnceViewlTvraceViewPa,k~Declam~ion.6-0I-0i.vB 18 PIERCE,WA Page 18 of 47 Printed on 11/16/2006 10:37:54 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.019 9.5 N tices. 9.5.1 All notices provided for herein may be delivered in person, sent by regular overnight courier service, or mailed in the United States mail postage prepaid and, if mailed, sha[1 be considered delivered and received three (3) days after deposit in such mail. If delivered by overnight courier service, delivery and receipt shall be deemed to be one (1) business day after deposit with such overnight courier service. 9.5.2 Upon execution of this Declaration, the address to be used in connection with such correspondence and notices is the following. Declarant: Terrace View Properties, LLC P.O. Box 5430 WA 98064-5430 Telephone: 253-631-8290 Facsimile: 253-638-9583 Attention: Jon D. Cheetham, Managing Member or Gregory S. O'Farrell, Managing Member 9.5.3 Each Owner shall be obligated to provide the other Owners with a current Owner address for purposes of the Notice provisions under this Declaration. 9.6 Miscellaneous. 9.6.1 Recordation. This Declaration shall be recorded simultaneously with the recordation of the Terrace View Short Plat. 9.6.2 Headines. The headings in this Declaration are for convenience only and do not in any way limit or affect the terms and provisions hereof. 9.6.3 Unenforceabilitv. If any provision of this Declaration is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. 9.6.4 Gender. Wherever appropriate in this Declaration, the singular shall be deemed to refer to the plural and the plural to the singulaz, and pronouns of certain genders shall be deemed to include either or both of the other genders. 9.6.5 Governing Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Washington. 9.6.6 Counterparts. This Declaration or any amendment thereto maybe executed in counterparts, each of which shall be deemed an original, but which when taken together shall constitute one and the same instrument. F1J(J\Tnrtecovlew\Temace V iewPark\DeNareiion.601-0f.v8 19 PIERCE,WA Page 19 of 47 Printed on 11/16/2006 10:37:55 AM Document: CCR 2004.06220478 Branch :RTW,User :SHAV Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.020 9.6.7 Entire Declaration. This Declaration constitutes the entire Declazation with respect to the subject matter hereof and supersedes all prior declarations, oral or written, express or implied. In Witness Whereof, Declarant has executed this Restated Declaration on the date set forth set forth above. DECLARANT: TERRACE VIEW PROP TIES, LLC By: a ,~.~'~i~~l [print name] Its: Managing Member Date: 6 -/' ~ M1UTertaeeViewlTem~eeViewPoticlDeclaradon.601.07.8 4O PIERCE,WA Page 20 of 47 Printed on 11/16/2006 10:37:55 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.021 STATE OF WASHINGTON ) ss. COUNTY OF PIERCE ) On this day personally appeazed before me ~~M ~h ~G.rh to be the Managing Member of TERRACE VIEW PROPERTIES, LLC, a Washingtoaelimited liability company, the limited liability company described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said limited liability company. GIVEN under my hand and official seal this ~ day of _~,_ 2004 [printed nam of notary) NOTARY PUBLIC in and f r the State of Washington, residing at My Commission Expires: I.UU~Te,raceViewlTerractViewparlclDecLvniwn.6-01-0i. v8 21 PIERCE,WA Page 21 of 47 Printed on 11/16/2006 10:37:6 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.022 EX- HIBIT A MULTI-FAMILY RESIDENTIAL AREA LEGAL DESCRIPTION A PORTION OF GOVERNMENT LOTS 4, 5, AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6 NO°31'15"E 1321.65 FEET; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 5 S88°57'32"E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE S11°00'59"W 655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH IS A CORRECTION OF DEED RECORDED UNDER RECORDING NUMBER 200009130639; THENCE FOLLOWII`TG SAID NORTH RIGHT OF WAY LINE IN A GENERAL SOUTHEASTERLY DIRECTION TO ITS INTERSECTION WTfH THE NORTH LINE OF THE SOUTH 170 FEET OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTH LINE S88°35'06"E 473.32 FEET TO A POINT 100 FEET WEST OF THE EAST LII~tE OF SAID GOVERNMENT LOT 5; THENCE N19°09'58"E 325.50 FEET TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 5 THAT IS 480 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 5; THENCE N10°08'47"E 324.19 FEET; THENCE PARALLEL WITH THE EAST LINE OF SAID LOT 5 N1°16'27"E 530.00 FEET TO THE NORTH LINE OF SAID SOUTHEAST 1/4 OF SAID NORTHWEST 1/4; THENCE ALONG SAID NORTH LINE N88°57'32"W 50.00 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 5; THENCE ALONG THE EAST LINE OF SAID GOVERNMENT LOT 4 Nl°16'27"E 1395.55 FEET TO THE NORTH LINE OF SAID SECTION 6; THENCE ALONG SAID NORTH LINE N88°35'13"W 658.39 FEET TO A POINT THAT LIES 679.8 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 6; THENCE PARALLEL WITH THE WEST LINE OF SAID SECTION 6 SO°3l'l5"W 1399.87 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTH LLNE N88°57'32"W 54.99 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL A OF BOUNDARY LIlVE ADJUSTMENT RECORDED UNDER RECORDING NUMER # 200103295016). SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. M1UlTertattView\TamceviewPark~Deelaration.6-0i-0S.vB 22 PIERCE,WA Page 22 of 47 Printed on 11/16/2006 10:37:56 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.023 EXHIBIT B NORTH COMMERCIAL LOT LE AL DESCRIPTI N A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NO°3I' 1 S"E 1321.65 FEET; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 5 S88°57'32"E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE S11°00'59" W655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL WESTERLY DIRECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699, THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL NORTHERLY DIRECTION TO THE NORTH LINE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTHLINE S88°57'32"E 498.91 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMER # 200103295016). LESS THAT LAND DEEDED TO THE CITY OF AUBURN UNDER PIERCE COUNTY AUDITOR'S FII.E N0.20030521 ! 1904. SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. MIU~TertaxViewlTemceViewPark~Declara~i°n.6-Ot-0M1.v6 23 PIERCE,WA Page 23 of 47 Printed on 11/16/2006 10:37:57 AM Document: CCR 2004.06220478 Branch :RTW,User :SHAV Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.024 EXHIBIT C REAL PROPERTY LE AL DESCRIPTION MULTI-FAMILY RESIDENTIAL AREA LE AL DESCRIPTI arcel A A PORTION OF GOVERNMENT LOTS 4, 5, AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6 NO°31'15"E 1321.65 FEET; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 5 588°57'32"E 624.77 FEET TO THE TRUE POINT OF BEGIIrTNING; THENCE SI I°00'S9"W 655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH IS A CORRECTION OF DEED RECORDED UNDER RECORDING NUMBER 200009130639; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL SOUTHEASTERLY DIRECTION TO TTS INTERSECTION WITH THE NORTH LINE OF THE SOUTH 170 FEET OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTH LINE S88°35'06"E 473.32 FEET TO A POINT 100 FEET WEST OF THE EAST LINE OF SAID GOVERNMENT LOT 5; THENCE N19°09'58"E 325.50 FEET TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 5 THAT IS 480 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 5; THENCE N10°08'47"E 324.19 FEET; THENCE PARALLEL WITH THE EAST LINE OF SAID LOT 5 N1°16'27"E 530.00 FEET TO THE NORTH LINE OF SAID SOUTHEAST l/4 OF SAID NORTHWEST 1/4; THENCE ALONG SAID NORTH LIIVE N88°57'32"W 50.00 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 5; THENCE ALONG THE EAST LINE OF SAID GOVERNMENT LOT 4 NI°16'27"E 1395.55 FEET TO THE NORTH LINE OF SAID SECTION 6; THENCE ALONG SAID NORTH LINE N88°35'13"W 658.39 FEET TO A POINT THAT LIES 679.8 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 6; THENCE PARALLEL WITH THE WEST LINE OF SAID SECTION 6 SO°31'15"W 1399.87 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTH LWE N88°57'32"W 54.99 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMER # 200103295016}. SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. MIU1TemceView\TertoceViewPerklOeclaracion.6-01.07. v8 24 PIERCE,WA Page 24 of 47 Printed on 11/16/2006 10:37:8 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.025 NORTH COMMERCIAL LOT• A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NO°31'15"E 1321.65 FEET; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 5 588°57'32"E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 11°00'59" W655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL WESTERLY DIltECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699, THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL NORTHERLY DIRECTION TO THE NORTH LINE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTHLINE S88°57'32"E 498.91 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMER # 200103295016). SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. SOUTH COMMERCIAL LOT• A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MOREPARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NORTH 0°31'15" EAST 170.02 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTH 170 FEET OF SAID GOVERNMENT LOT 5 SOUTH 88°35'06" EAST 365.69 FEET TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 88°35'06" EAST 137.85 FEET TO THE WEST LINE OF THE RIGHT OF WAY LINE OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS MJU1Tara¢ViewRemxViewPUk~DeClufeUOn.b01-0S.~B 25 PIERCE,WA Page 25 of 47 Printed on 11/16/2006 10:37:59 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.026 RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639; THENCE FOLLOWING SAID WEST RIGHT OF WAY LINE IN A GENERAL NORTHERLY AND WESTERLY DIRECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639; THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL SOUTHERLY DIRECTION TO THE TRUE POINT OF BEGINNING. RODARTE PROPERTY• PAR L A: THE EAST 1000 FEET OF THE FOLLOWING DESCRIBED PARCELS: THE NORTH HALF OF THE SOUTH HALF AND THE SOUTH 165 FEET OF THE NORTH HALF OF GOVERNMENT LOT 4, SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, INKING COUNTY, WASHINGTON. PARE B: THE SOUTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4, SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 164 FEET OF THE WEST 285 FEET THEREOF. PARCEL C: THE NORTH 166 FEET OF THE SOUTH 330 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, INKING COUNTY, WASHINGTON, LYING EASTERLY OF PRIMARY STATE HIGHWAY NO. S. nuu~r~avtew,rmuev~aWr,~nru~aaoi-oa.Vs 26 PIERCE,WA Page 26 of 47 Printed on 11/16/2006 10:38:00 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.027 EXHIBIT D LEGAL DES RIPTION FOR RODA.RT'E PROPE TY PARCEL A: THE EAST 1000 FEET OF THE FOLLOWING DESCRIBED PARCELS: THE NORTH HALF OF THE SOUTH HALF AND THE SOUTH I65 FEET OF THE NORTH HALF OF GOVERNMENT LOT 4, SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WII,LAMETTE MERIDIAN, INKING COUNTY, WASHINGTON. PAR EL B: THE SOUTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4, SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, INKING COUNTY, WASHINGTON; EXCEPT THE SOUTH 164 FEET OF THE WEST 285 FEET THEREOF. PARCEL C: THE NORTH 166 FEET OF THE SOUTH 330 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, WII,LAMETTE MERIDIAN, INKING COUNTY, WASHINGTON, LYING EASTERLY OF PRIMARY STATE HIGHWAY NO. S. MJITTcrtaceView~TemceViewPa~IclDeclarationb-0I-04.v8 27 PIERCE, WA Page 27 of 47 Printed on 11/16/2006 10.:38:00 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY _200406220478.028 EXFIIBIT E lLLU5TRATIVE SITE MAP »~ ~r - - v A 87tS' 8Y y 3 .61 ' rn -^~i 133'73'E N153 17'E 1tu o1 $i 1/4. 9EC 'Jl. . z TMNP 21 N. R 6 EAST: if.Y ses7s"t3'E 10u 1 IDNC COt1NTY a "~ _ _ !!! \ __ P08 PIERCE COUNTI ~f /% ' 1s' urur E~~r _ ~~ NE coRNER 'NORm ao~o' ~aESS. 1 NF 1/4. SEC 8 Ear Arm U1Yh 1 . TtiNP 2D N. 1 R 6 BA87'. 1LY wrz I 1Q ~1xr ! ~ 911837 ¢ ~. i i ~ ~ ~ rf PARC0. A' ~ i eu uoltumsme " Sc E TWIT t]OC(tA,ffNi j N69ro]'2!'E y FOR 80UtDAM $IAYBY ' 11T.26' t>ETAtrs ; ~r.sis~ ` ~ ~ ~~ ~ ' ' ` ` D r N06ST 37 1Y 1 5.99' n t ,~ ~ N90 OC ~ ~ ~ . / 7~ Z t~ ui J : ,Dr 1 g i scun+ ~crtss. $ ~ ~~ ~ ~ e c ~ ~ ~xr J ~ o~ ~~ z~o9~sx1,lcA~uENT 5757Y371e 2S9Y ,S21Y45471Y i ' K 50.76 N0. ?OOIt172S0099. ~~ ~ ,~535'30'19'E 17.31' ~ ' ' • ~ lt, ~ EIISDIEWT ~~ ~-53fT2 0{ E • g ESOP R+459. S ~ 6.1P37'3{' Te y N ~ W _ o ~ ,(? s~orornt o N N 113.01' _ as.3r a - sE ooluiER c 1s' rs,: ~cc¢ss EA9EYENT AF N0. 200102220205 fond Surveyor a Grtificole: Thle subdhiden carreelty repreeenls o E]Ili/8!1' E short plot made 0y ma or under my ILI,US772ATIVE' $TrE MAP direction h con formonce with tha rpuremente of oppropriate slate and city stotute o~ yfdtnon N ~ ' ' a~- rs _p ~ Dat SCALE: 1 s400 Cartificote No.: /1000 O `~ eoo 28 EXHIBIT E l C H~ ~~ ~ f~y ~~ PIERCE,WA Page 28 of 47 Printed on 11/16/2006 10:38:00 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer; GC Order: 10946713 Station Id :BXBY Comment: 200406220478.029 EXHIBIT F SHORT PLAT LOT 1 LEGAL DESCRIPITON A PORTION OF PARCEL "A" AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF AUBURN, PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE N19'09'S8"E ALONG THE EAST PROPERTY LINE OF SAID PARCEL "A" A DISTANCE OF 325.50 FEET; - THENCE N10'08'47"E A DISTANCE OF 324.19 FEET; THENCE N01'16'27"E A DISTANCE OF 530.00 FEET; THENCE N88'S7'32"W A DISTANCE OF 50.00 FEET; THENCE NOt'16'27"E A DISTANCE OF 190.00 FEET; THENCE S69'02'28"W A DISTANCE OF 112.26 FEET; THENCE N89'28'45"W A DISTANCE OF 537,99 FEET •TO A POINT ON THE WEST PROPERTY LINE OF SAID PARCEL "A"; THENCE ALONG SAID WEST LINE S00'31'15"W A DISTANCE OF 143.06 FEET; ' THENCE N88'S7'32"W A DISTANCE OF 54.99 FEET; THENCE 511100'59"W A DISTANCE OF 655.35 FEET TO A POINT ON THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP; THENCE ALONG SAID RIGHT OF WAY LINE S26'45'43"W A DISTANCE OF 50.76 FEET; THENCE S75'S2'37"W A DISTANCE OF 23.92 FEET; •THENCE ALONG CURVE TO THE RIGHT, HAVING A RADIUS POINT WHICH BEARS S44'05'36"W 459.50 FEET; THROUGH A CENTRAL ANGLE OF 14'37'54°, FOR AN ARC 'DISTANCE OF 117.34 FEET; THENCE N27'32'36"E A DISTANCE OF 116.43 FEET; THENCE S88'S6'19"E A DISTANCE OF 17.51 FEET; THENCE S34'12'04"E A DISTANCE OF 53.00 FEET; THENCE St 7'39'14"E A DISTANCE OF 221,92 FEET; THENCE S20'20'S6"W A DISTANCE OF 131.41 FEET; THENCE S40'01'37"E A DISTANCE OF 115.01 FEET TO A POINT' ON THE SOUTH LINE OF' SAID PARCEL A; .THENCE ALONG SAID SOUTH l[NE S88'35'06"E A DISTANCE OF 473.32 FEET TO THE POINT OF BEGINNING. 29 M)NTertxeV iew\TcrraceViewPark~Declaratioa6-01-OS.vB PIERCE,WA Page 29 of 47 Printed on 11/16/2006 10:38:01 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.030 E SHORT PLAT LOT 2 LEGAL DESCRIPTION A PORTION OF PARCEL "A" AS'RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF AUBURN, PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE S01°16'27"W ALONG THE EAST LINE OF PARCEL "A" A DISTANCE OF 1205.55 FEET; THENCE S69°02'28"W A DISTANCE OF 112.26 FEET; THENCE N89°28'45"W A DISTANCE OF 537.99 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL "A"; THENCE ALONG SAID WEST LINE N00°31' 15"E A DISTANCE OF 1256.81 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A" S88°35' 13"E A DISTANCE OF 658.39 FEET TO THE POINT OF BEGINNING. Ml~~raraceV4wlreaaceviewPetk~Dtclemtioabol-OS.vB 30 PIERCE,WA Page 30 of 47 Printed on 11/16/2006 10:38:02 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.031 EXHIBIT H SOUTH COMMERCIAL LOT LEGAL DESCRIPTI N A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MOREPARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NORTH 0°31'15" EAST 170.02 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTH 170 FEET OF SAID GOVERNMENT LOT 5 SOUTH 88°35`06" EAST 365.69 FEET TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 88°35'06" EAST 137.85 FEET TO THE WEST LINE OF THE RIGHT OF WAY LINE OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639; THENCE FOLLOWING SAID WEST RIGHT OF WAY LINE IN A GENERAL NORTHERLY A.*ID WESTERLY DIRECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200102230699, WHICH CORRECTS AND SUPERSEDES DEEDS RECORDED UNDER RECORDING NUMBERS 9908050698 AND 200009130639; THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL SOUTHERLY DIRECTION TO THE TRUE POINT OF BEGINNING. M1lJ~TefraceView\TemmV'tewperk~Dxlaration.601-W,v8 31 PIERCE,WA Page 31 of 47 Printed on 11/16/2006 10:38:02 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.032 A PORTION OF PARCEL "A" AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG WEST PROPERTY LINE 500'31'15"W A DISTANCE OF 1256.81 FEET TO A POINT; THENCE 589'28'45"E A DISTANCE OF 312.74 FEET TO THE TRUE POINT OF BEGINNING OF THIS•EASEMENT DESCRIPTION; • THENCE 549'40'41"_~ A DISTANCE OF 10.23 FEET TO A POINT; THENCE ALONG CARVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF 49'48'22" A DISTANCE OF 17.39 FEET TO A POINT; THENCE 500'07'41"W A DISTANCE OF 114.11 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT #iAVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF 33'11'07" A DISTANCE OF 11.58 FEET TO A POINT; \ THENCE 833'18'48"W A DISTANCE OF 18.22 FEET TO A POINT; THENCE 547'21'19"W A DISTANCE OF 68.66 FEET,TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADt1JS OF 35.00 FEET THROUGH THE CENTRAL ANGLE OF 17'35'48" ~1 DISTANCE OF 10.75 FEET TO A POINT; THENCE 564'57'07"W A DISTANCE OF 32.09 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 35,00 FEET THROUGH 7HE CENTRAL ANGLE OF 14'30'38" A DISTANCE OF 8.86 FEET TO A POINT; THENCE 579'27'45"W A DISTANGE OF 121.79 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 18$.8$ FEET THROUGH THE CENTRAL ANGLE OF 60'06'21" A DISTANCE OF 198.14 FEET TO A POINT; THENCE 517'20'81"W A DISTANCE OF 179.04 FEET TO A POINT; THENCE 514'30'36"W A DISTANCE OF 135.68 FEET TO A POINT; THENCE 523'14'40"W A DISTANCE OF 189.91 FEET TO A POINT ON SOUTHWEST PROPERTY LINE OF SAID PARCEL A; THENCE ALONG NON-TANGENT CURVE TO THE RIGHT HAVING A RApiUS POINT WHICH BEARS 547'83'03"W A DISTANCE OF 459.50 FEET -FROM THIS POINT, THROUGH THE CENTRAL ANGLE OF 10'50'27" A DISTANCE OF 86.94 FEET TO A POINT; THENCE N27'32'36"E A DISTANCE OF 116.43 FEET TO A POINT; THENCE Ni4'28'31"E A DISTANCE OF 261.13 FEET TO A POINT; THENCE N17'20'S1"E A DISTANCE OF 178.95 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 31'14'39" A DISTANCE OF 54.53 FEET TO A POINT; 32 MJUITanxV iew\TemceV iewPatic\Decuntionti-01.04.v8 PIERCE,WA Page 32 of 47 Printed on 11/16/2006 10:38:03 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.033 THENCE N48'33'S3"E A THENCE ALONG CURVE THROUGH THE CENTRAL A POINT; THENCE N79'27'45"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N64'S7'07"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N47'21"19'E A THENCE N33'18'48"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N00'07'41"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N89'28'45"W A BEGINNING. TOGETI~R WITH DISTANCE OF 18.97 FEET TO A POINT; TO THE RIGHT HAVING A RADIUS OF 100.00 FEET ANGLE OF 30'53'52" A DISTANCE OF 53.93 FEET TO DISTANCE OF 121.79 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 100.00 FEET ANGLE OF 14'30'38" A DISTANCE OF 25.33 FEET TO A DISTANCE OF 32.09 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 100.00 FEET ANGLE OF i 7'35'48" A DISTANCE OF 30.71 FEET TO A DISTANCE OF 76.67 FEET TO A POINT; DISTANCE OF 36.66 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 50,00 FEET ANGLE OF 33`11'07" A DISTANCE OF 28.96 FEET TO A DISTANCE OF 124.96 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 40.04 FEET ANGLE OF 31'21'06" A DISTANCE OF 21.91 FEET TO A DISTANCE OF 74.48 FEET TO THE TRUE POINT OF A PORTION OF PARCEL "A" AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG NORTH PROPERTY LINE S88'35'13"E A DISTANCE OF 273.67 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE S35'58'3i"W A DISTANCE OF 201.52 FEET TO A POINT; THENCE S11'S0'17"W A DISTANCE OF 60,37 FEET TO A POINT; THENCE S06'12'45"E A DISTANCE OF 41.66 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS 4F 10.00 FEET THROUGH THE CENTRAL ANGLE OF 18'57'32" A DISTANCE OF 3.31 FEET TO A POINT; THENCE S12'44'47"W A DISTANCE OF 81.04 FEET TO~ A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET THROUGH THE CENTRAL ANGLE OF 10'07'48" A DISTANCE OF 35.36 FEET TO A POINT; THENCE S02'36'S9"W A DISTANCE OF 13.52 FEET TO A POINT; THENCE S06'38'34"W A DISTANCE OF 95.75 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET PIERCE,WA Page 33 of 47 Printed on 11/16/2006 10:38:03 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.034 THROUGH THE CENTRAL POINT; THENCE 524'35'45"W A THENCE ALONG CURVE THROUGH THE CENTRAL A POINT; THENCE 505'21'35"E A THENCE 504'38'41"W A THENCE 502'55'08"W A THENCE 503'45'28"E A THENCE 504'01'15"W A THENCE ALONG CURVE THROUGH THE CENTRAL A POINT; THENCE 570'57'16"E A THENCE ALONG CURVE THROUGH THE CENTRAL A POINT; THENCE 549'40'41"E A THENCE 589'28'45"E A ANGLE OF 17'57'11" A DISTANCE OF 18.80 FEET TO A DISTANCE OF 20.36 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 150.00 FEET ANGLE OF 29'57'20" A DISTANCE OF 78.42 FEET TO DISTANCE OF 53.75 FEET TO A POINT; DISTANCE OF 111.46 FEET TO A POINT; DISTANCE OF 134.70 FEET TO A POINT; DISTANCE OF 107.09 FEET TO A POINT; DISTANCE OF 96.78 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 62:00 FEET ANGLE OF 74'58'31" A DISTANCE OF 81.13 FEET TO DISTANCE OF 136.62 FEET TO A POINT; TO THE RIGHT HAVING A RADIUS OF 70.00 FEET ANGLE OF 21'16'35" A DISTANCE OF 25.99 FEET TO DISTANCE OF 4.43 TO A POINT; DISTANCE OF 74.48 TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS 559'55'12"W 40.04 FEET FROM THIS POINT THROUGH THE CENTRAL ANGLE OF 19'35'53" A DISTANCE OF 13.70 FEET TO A POINT; THENCE N49'40'41 "W A DISTANCE OF 86.22 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET THROUGH THE CENTRAL ANGLE OF 21'16'35" A DISTANCE OF 44.56 FEET TO A POINT; THENCE N70'S7'16"W A DISTANCE OF 136.62 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH THE CENTRAL ANGLE OF 74'58'31" A DISTANCE OF 15.70 FEET TO A POINT; THENCE N04'01'15"E A DISTANCE OF 100.18 FEET TO A POINT; THENCE N03'45'28"W A DISTANCE OF 107.58 FEET TO A POINT; THENCE N02'S5'08"E A DISTANCE OF 131.03 .FEET T0. A POINT; THENCE N04'38'41"E A DISTANCE OF 115.08 FEET TO A POINT; THENCE N05'21'35"W A DISTANCE OF 58.13 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 29'57'20" A DISTANCE OF 52.28 FEET TO A POINT; THENCE N24'35'45"E A D15TANCE OF 28.26 FEET TO A POINT; i'HENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET THROUGH THE CENTRAL ANGLE OF 17'57'11" A DISTANCE OF 18.80 FEET TO A 'DINT; (HENCE N 06'38'34"E A DISTANCE OF 105.40 FEET TO A POINT; (HENCE N 02'36'59"E A DISTANCE OF 15.28 FEET TO A POINT; (HENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET THROUGH THE CENTRAL ANGLE OF 10'07'48" A DISTANCE OF 26.52 FEET TO ~ POINT; 34 PIERCE,WA Page 34 of 47 Printed on 11/16/2006 10:38:04 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.035 THENCE N12'44'47"E A DISTANCE OF 81.04 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET THROUGH THE CENTRAL ANGLE OF 18'57'32" A DISTANCE OF 19.85 FEET TO A POINT; THENCE N06'12'45"W A DISTANCE OF 33.20 FEET TO A POINT; THENCE N13'00'2$"E• A DISTANCE OF 44.65 FEET TO A POIr~tT; THENCE N35'58'31 "E A DISTANCE OF 222.65 FEET TO A POINT; THENCE RETURNING ALONG NORTH PROPERTY LINE N88'35'13"W A DISTANCE OF 60.72 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT. RESPONSIBILTY OF JERRY R. BRCrADUS AND WC.GL MITED I TOSTHIS IEGAL DESCRIPTION 35 PIERCE,WA Page 35 of 47 Printed on 11/16/2006 10:38:04 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.036 EXHIBIT J WATER AND CABLE UTILITY CORRIDOR LEGAL DESCRIPTION A PORTION OF PARCEL "A" AS RECORDED 1N BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG WEST PROPERTY UNE S00'31'15"W A DISTANCE OF 1256.81 FEET TO A POINT; THENCE S89'28'45"E A DISTANCE OF 312.74 FEET TO THE TRUE POINT OF BEGINNING OF THIS.l:ASEMENT DESCRIPTION; . THENCE S49'40'41"E A DISTANCE OF 10.23 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF 49'48'22" A DISTANCE OF 17.39 FEET TO A POINT; THENCE S00'07'41"W A DISTANCE OF 114.1'1 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF ~3'i 1'07" A DISTANCE OF 11.58 FEET TO A POINT; t THENCE 533'18'48"W A DISTANCE OF 18.22 FEET TO A POINT; THENCE S47'21'19"W A DISTANCE OF 68.66 FEET' TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING, A RADIUS OF -35.00 FEET THROUGH THE CENTRAL ANGLE OF 17'35'48",.A DISTANCE OF 10.75 FEET TO A POINT; THENCE 564'57'07"W A DISTANCE OF 32.09 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET THROUGH THE CENTRAL ANGLE OF 14'30'38" A DISTANCE OF 8.86 FEET TO A POINT; THENCE S79'27'4S"W A DISTANCE OF 121.79 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 188.88 FEET THROUGH THE CENTRAL ANGLE OF 60'06'21" A DISTANCE OF 198.14 FEET TO A POINT; THENCE S17'20'S1"W A DISTANCE OF 179.04 FEET TO A POINT; THENCE S14'30'36"W A DISTANCE OF 135.68 FEET TO A POINT; THENCE S23'14'40"W A DISTANCE OF 189.91 FEET TO A POINT ON SOUTHWEST PROPERTY LINE OF SAID PARCEL A; THENCE ALONG NON-TANGENT CURVE TO THE RIGHT HAVWG A RADIUS POINT WHICH BEARS S47'S3'03"W A DISTANCE OF 459.50 FEET FROM THIS POINT, THROUGH THE CENTRAL ANGLE OF 10'50'27" A DISTANCE OF 86.94 FEET TO A POINT; THENCE N27'32'36"E A DISTANCE OF 116.43 FEET TO A POINT; THENCE N14'28'31 "E A DISTANCE OF 261.13 FEET TO A POINT; THENCE N]7'20'S1"E A DISTANCE OF 178.95 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 31'14'39" A DISTANCE OF 54.53 FEET TO A POINT; 36 M1UCfamca V iewlTe ma V iewPaTNDec V ra tioa 601.04. v8 PIERCE,WA Page 36 of 47 Printed on 11/16/2006 10:38:05 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.037 THENCE N48'33'S3"E A THENCE ALONG CURVE THROUGH THE CENTRAL A POINT; THENCE N79'27'45"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N64'57'07"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N47'21"19'E A THENCE N33'18'4$"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N00'07'41"E A THENCE ALONG CURVE THROUGH THE CENTRAL POINT; THENCE N89'28'45"W A BEGINNING. TOGETI3ER WITH DISTANCE OF 18.97 FEET TO A POINT; TO THE RIGHT HAVING A RADIUS OF 100.00 FEET ANGLE OF 30'53'52" A DISTANCE OF 53.93 FEET TO DISTANCE OF 121.79 FEET TO A POINT; 70 THE LEFT HAVING A RADIUS OF 100.00 FEET ANGLE OF 14'30'38" A DISTANCE OF 25.33 FEET TO A DISTANCE OF 32.09 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 100.00 FEET ANGLE OF 17'35'48" A DISTANCE OF 30.71 FEET TO A DISTANCE OF 76.67 FEET TO A POINT; DISTANCE OF 36.66 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 50.00 FEET ANGLE OF 3311'07" A DISTANCE OF 28.96 FEET TO A DISTANCE OF 124.96 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 40.04 FEET ANGLE OF 31'21'06" A DISTANCE OF 21.91 FEET TO A DISTANCE OF 74.48 FEET 70 THE TRUE POINT OF A PORTION OF PARCEL "A" AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG NORTH PROPERTY LINE S88'35'13"E A DISTANCE OF 273.67 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE S35'S8'31"W A DISTANCE OF 201.52 FEET TO A POINT; THENCE S11'50'17"W A DISTANCE 4F 60,37 FEET TO A POINT; THENCE S06'12'45"E A DISTANCE OF 41.66 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 10.00 FEET THROUGH THE CENTRAL ANGLE OF 18'57'32" A DISTANCE OF 3.31 FEET TO A POINT; THENCE S72'44'47"W A DISTANCE OF 81.04 FEET T0.'A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET THROUGH THE CENTRAL ANGLE OF 10'07'48" A DISTANCE OF 35.36 FEET TO A POINT; THENCE S02'36'S9"W A DISTANCE OF 13.52 FEET TO A POINT; THENCE S06'38'34"W A DISTANCE OF 95.75 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVIN~7A RADIUS OF 60.00 FEET PIERCE,WA Page 37 of 47 Printed on 11/16/2006 10:38:05 AM Document: CCR 2004.06?20478 Branch :RTW,User :SHAV Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.038 THROUGH THE CENTRAI POINT; THENCE 524'35'45"W A THENCE ALONG CURVE THROUGH THE CENTRAI A POINT; THENCE S05'21'35"E A THENCE S04'38'41"W A THENCE S02'S5'08"W A THENCE S03'45'28"E A THENCE S04'01'15"W A THENCE ALONG CURVE THROUGH THE CENTRAL A POINT; THENCE S70'S7'16"E A THENCE ALONG CURVE THROUGH THE CENTRAL A POINT; THENCE S49'40'41 "E A THENCE S89'28'45"E A _ ANGLE OF 17'57'11" A DISTANCE OF 18.80 FEET TO A DISTANCE OF 20.36 FEET 70 A POINT; TO THE LEFT HAVING A RADIUS OF 150.00 FEET . ANGLE OF 29'57'20" A DISTANCE OF 78.42 FEET TO DISTANCE OF 53.75 FEET TO A POINT; DISTANCE OF 111.46 FEET TO A POINT; DISTANCE OF 134.70 FEET TO A POINT; DISTANCE OF 107.09 FEET TO A •POINT; DISTANCE OF 96.78 FEET TO A POINT; TO THE LEFT HAVING A RADIUS OF 62.00 FEET ANGLE OF 74'S8'3i" A DISTANGE OF $1.13 FEET TO DISTANCE OF 136.fi2 FEET TO A POINT; TO THE RIGHT HAVING A RADIUS OF 70.00 FEET ANGLE OF 21"16'35" A DISTANCE OF 25.99 FEET TO DISTANCE OF 42:43 TO A POINT; DISTANCE OF 74.48 TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS 559'55'12"W 40.04 FEET FROM THIS POINT THROUGH THE CENTRAL ANGLE OF 19'35'53" A OISTANCE OF 13.70 FEET TO A POINT; THENCE N49'40'41"W A DISTANCE OF 86.22 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET THROUGH THE CENTRAL ANGLE OF 21'16'35" A DISTANCE OF 44.56 FEET TO A POINT; THENCE N70'S7'16"W A DISTANCE OF 136.62 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH THE CENTRAL ANGLE OF 74'58'31" A DISTANCE OF 15.70 FEET TO A POINT; THENCE N04'01'15"E A DISTANCE OF 100.18 FEET TO A POINT; THENCE N03'45'28"W A DISTANCE OF 107.58 FEET TO A POINT; THENCE N02'55'08"E A DISTANCE OF 131.03 FEET T0. A POINT; THENCE N04'38'41"E A DISTANCE OF 115.08 FEET TO A POINT; THENCE N05'21'35"W A DISTANCE OF 58.13 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 29'57'20" A DISTANCE OF 52.28 FEET TO 4 POINT; THENCE N24'35'45"E A DISTANCE OF 28.26 FEET TO A POINT; (HENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET THROUGH THE CENTRAL ANGLE OF 17'57'(1" A DISTANCE OF 18.80 FEET TO A 'OIN T; 'HENCE N 06'38'34"E A DISTANCE OF 105.40 FEET TO A POINT; 'HENCE N 02'36'59"E A DISTANCE OF 15.28 FEET TO A POINT; 'HENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET 'HROUGH THE CENTRAL ANGLE OF 10'07'48" A DISTANCE OF 26.52 FEET TO ~ POINT; 38 PIERCE,WA Page 38 of 47 Printed on 11/16/2006 10:38:06 AM Document: CCR 2004.06220478 Branch :RTW,User :SHAY Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.039 THENCE N12'44'47"E A DISTANCE OF 81.04 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET THROUGH THE CENTRAL ANGLE OF 18'57'32" A DISTANCE OF 19.85 FEET TO A POINT; THENCE N06'12'45"W A DISTANCE OF 33.20 FEET TO A POINT; THENCE N13'00'28"E A DISTANCE OF 44.65 FEET TO A POINT; THENCE N35'S8'3i"E A DISTANCE OF 222.65 FEET TO A POINT; THENCE RETURNING ALONG NORTH PROPERTY LINE N88'35'13"W A DISTANCE OF 60.72 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITI-f A PORTION OF PARCEL "A" AS RECORDED IN BLA X200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY. WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE ALONG EAST PROPERTY LINE S01'16'27"W A DISTANCE OF 7.83 FEET TO THE TRUE POINT OF BEGINNING OF THIS UTILITY EASEMENT DESCRIPTION; THENCE CONTINUING ALONG THIS LINE S.Oi`16'27"W~ A DISTANCE OF 15.00 FEET TO A POINT; THENCE N88'34'43"W A DISTANCE OF 256.08 FEET TO A POINT; THENCE ALONG THE CURVE TO THE LEFT HAVING A RADIUS OF 252.50 FEET THROUGH THE CENTRAL ANGLE OF 10'26'46" A DISTANCE OF 46.04 FEET TO A POINT; THENCE S80'S8'31 "W A DISTANCE OF 47.49 FEET TO A POINT; THENCE N35'S8'31"E A DISTANCE OF 21.21 FEET TO A POINT; THENCE N8058'31"E A DISTANCE OF 32.49 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 267.50 FEET THROUGH THE CENTRAL ANGLE OF 10'26'46" A DISTANCE OF 48.77 FEET TO A POINT; THENCE RETURNING S88'34'43"E A DISTANCE OF 256.04 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT. RESPONSIBILTY OF JERRY R. BROADUS AND NC.GLIM EO ITOSTHICE IIF qL DESCRIPTION 39 PIERCE,WA Page 39 of 47 Printed on 11/16/2006 10:38:06 AM Document: CCR 2004.06220478 ~ - 25-03 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.040 EXHIBIT K SANITARY SEWER AND TELEPHONE ELECTRICAL AND GA_S TRANSNIISSION UTILITY EASEMENT CORRIDOR LEGAL DESCRIPTION A PORTION OF PARCEL "A" A5 RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EA5T, WILLAMETTE MERIDIAN, PIERCE COUNTY. WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG WEST PROPERTY LINE S00'31'15"W A DISTANCE OF 1256.81 FEET TO A POINT; THENCE S89'28'45"E A DISTANCE OF 3i 2.74 FEET 70 THE TRUE POINT OF BEGINNING OF THIS-EASEMENT DESCRIPTION; . THENCE S49'40'41 ° E .A DISTANCE OF 10.23 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF 49'48'22" A DISTANCE OF 17,39 FEET TO A POINT; THENCE S00'07'41"W A DISTANCE OF 114.11 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT ~iAVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF 33'11'07" A DISTANCE OF 11.58 FEET TO A POINT; THENCE 533'18'48"W A DISTANCE OF 18.22 FEET TO A POINT; THENCE S47'21'19"W A DISTANCE OF 88.66 FEErT TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET THROUGH THE CENTRAL ANGLE OF 17'35'48;• A DISTANCE OF 10.75 FEET TO A POINT; THENCE S64'57'07"W A DISTANCE OF 32.09 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET THROUGH THE CENTRAL ANGLE OF 14'30'38" A DISTANCE OF 8.86 FEET TO A POINT; THENCE S79'27'45"W A DISTANCE OF 121.79 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 188.88 FEET THROUGH THE CENTRAL ANGLE OF 60'06'21" A DISTANCE OF 198.14 FEET TO A POINT; THENCE S17'20'S1"W A DISTANCE OF 179.04 FEET TO A POINT; THENCE S14'30'36"W A DISTANCE OF 135.68 FEET TO A POINT; THENCE S23'14'40"W A DISTANCE OF 189.91 FEET TO A POINT ON SOUTHWEST PROPERTY LINE OF SAID PARCEL A; THENCE ALONG NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS POINT WHICH BEARS S47'S3'03"W A DISTANCE OF 459.50 FEET FROM THIS POINT, . THROUGH THE CENTRAL ANGLE OF 10'50'27" A DISTANCE OF 86.94 FEET TO A POINT; THENCE N27'32'36"E A DISTANCE OF 116.43 FEET TO A POINT; THENCE N14'28'31"E A DISTANCE OF 261.13 FEET TO A POINT; THENCE N17'20'S1"E A DISTANCE OF 178.95 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 31'14',39" A DISTANCE OF 54.53 FEET TO A POINT; 40 M7NTemaViewlTtrtacaV iewParklDalantion6-0(.61.v8 PIERCE,WA Page 40 of 47 Printed on 11/16/2006 10:38:07 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.041 .. THENCE N48'33'S3"E A DISTANCE OF 18.97 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 30'53'52" A DISTANCE OF 53.93 FEET TO A POINT; THENCE N79'27'45"E A DISTANCE OF 121.79 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 14'30'38" A DISTANCE OF 25.33 FEET TO A POINT; THENCE N64'S7'07"E A DISTANCE OF 32.09 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 17'35'48" A DISTANCE OF 30.71 FEET TO A POINT; THENCE N47'21"19'E A DISTANCE OF 76.67 FEET TO A POINT; THENCE N33'18'48"E A DISTANCE OF 36.66 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET THROUGH THE CENTRAL ANGLE OF 33'i1'07" A DISTANCE OF 28.96 FEET TO A POINT; THENCE N00'07'41"E A DISTANCE OF 124.96 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 40.04 FEET THROUGH THE CENTRAL ANGLE OF 31'21'06" A DISTANCE OF 21.91 FEET TO A POINT; THENCE N$9'28'45"W A DISTANCE OF 74.48 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A PORTION OF PARCEL "A" AS RECORDED IN BLA #200103295016. RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG NORTH PROPERTY LINE S88'35'13"E A DISTANCE OF 273.67 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE S35'S8'31"W A DISTANCE OF 201.52 FEET 70 A POINT; THENCE S11'50'17"W A DISTANCE OF 64,37 FEET TO A POINT; THENCE S06'12'45"E A DISTANCE OF 41.66 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 10.00 FEET THROUGH THE CENTRAL ANGLE OF 18'57'32" A DISTANCE OF 3.31 FEET TO A POINT; THENCE S12'44'47"W A DISTANCE OF 81.04 FEET T0.' A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET THROUGH THE CENTRAL ANGLE OF 10'07'48" A DISTANCE OF 35.36 FEET TO A POINT; THENCE S42'36'59"W A DISTANCE OF 13.52 FEET TO A POINT; THENCE SO6'38'34"W A DISTANCE OF 95.75 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET di PIERCE,WA Page 41 of 47 Printed on 11/16/2006 10:38:07 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.042 THROUGH THE CENTRAL ANGLE OF 17.57'11" A DISTANCE OF 18.80 FEET TO A POINT; THENCE S24'35'45"W A DISTANCE OF 20.36 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET THROUGH THE CENTRAL ANGLE OF 29'57'20" A DISTANCE OF 78.42 FEET TO A POINT; THENCE SOS'21'35"E A DISTANCE OF 53.75 FEET TO A POINT; THENCE S04'38'41"W A DISTANCE OF 111.46 FEET 70 A POINT; THENCE S02'55'OS"W A DISTANCE OF 134.70 FEET TO A POINT; THENCE S03'45`28"E A DISTANCE OF 107.09 FEET TO A POINT; THENCE S04'01'15"W A DISTANCE OF 96.78 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 62.00 FEET THROUGH THE CENTRAL ANGLE OF 74'58'31" A DISTANCE OF 81.13 FEES' TO A POINT; . THENCE S70'57'16"E A DISTANCE OF 136.62 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET THROUGH THE CENTRAL ANGLE OF 21'16'35" A DISTANCE OF 2S.99 FEET TO A POINT; THENCE S49'40'41"E A DISTANCE OF 42:43 TO A POINT; THENCE 589'28'45"E A DISTANCE OF 74.48 TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS S59'55'12"W 40.04 FEET FROM THIS POINT THROUGH THE CENTRAL ANGLE OF 19'35'53" A DISTANCE OF 13.70 FEET TO A POINT; THENCE N49'40'41"W A DISTANCE OF 86.22 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET THROUGH THE CENTRAL ANGLE OF 21'16'35" A DISTANCE OF 44.56 FEET TO A POINT; THENCE N70'57'16"W A DISTANCE OF 136.62 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET THROUGH THE CENTRAL ANGLE OF 74'58'31" A DISTANCE OF 15.70 FEET TO A POINT; THENCE N04'01'15"E A DISTANCE OF 100.18 FEET TO A POINT; THENCE N03'45'28"W A DISTANCE OF 107.58 FEET TO A POINT; THENCE N02'S5'08"E A DISTANCE OF 131.03 FEET T0. A POINT; THENCE N04'38'41"E A DISTANCE OF 115.08 FEET TO A POINT; THENCE N05'21'35"W A DISTANCE OF 58.13 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 29'57'20" A DISTANCE OF 52.28 FEET TO A POINT; THENCE N24'35'45"E A D15TANCE OF 28.26 FEET TO A POINT; (HENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET THROUGH THE CENTRAL ANGLE OF 17'57'11" A DISTANCE OF 18.80 FEET TO A JOINT; . (HENCE N 06'38'34"E A DISTANCE OF 105.40 FEET TO A POINT; THENCE N 02'36'59"E A DISTANCE OF 15.28 FEET TO A POINT; (HENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET THROUGH THE CENTRAL ANGLE OF 10'07'48" A DISTANCE OF 26.52 FEET TO 1 POINT; 42 PIERCE,WA Page 42 of 47 Printed on 11/16/2006 10:38:08 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Oif cer: GC Order: 10946713 Station Id :BXBY Comment: 200406220478.043 THENCE N12'44'47"E A DISTANCE OF 81.04 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET THROUGH THE CENTRAL ANGLE OF 1$'57'32" A DISTANCE OF 19.85 FEET TO A POINT; THENCE NO6'12~45*W A DISTANCE OF 33.20 FEET TO A POINT; THENCE N13'00 28 E A DISTANCE OF 44.65 FEET TO A PO1HT; THENCE N35'58'31"E A DISTANCE OF 222.65 FEET TO A POINT; THENCE RETURNING ALONG NORTH PROPERTY UNE N88'35'i3"W A DISTANCE OF 60.72 FEET TO THE TRUE POINT OF BEG{NNING OF SAID EASEMENT. RESPONSIBILTY OF JERRY R. 8R0'ADUS AND WC.GUM TED ITOSTH S~I~GAL DESCRIPTION R• ~O2 st cwt J~ I.Ali9 2- 43 PIERCE,WA Page 43 of 47 Printed on 11/16/2006 10:38:08 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.044 ERHIBIT LL STORM DRAINAGE LINE CORRIDORLEGAL DESCRIPTION A PORTION OF PARCEL "A" AS RECORDED IN BLA #200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "A"; THENGE ALONG WEST PROPERTY LINE S00'31'15"W A DISTANGE OF 1256.81 FEET TO A POINT; THENCE S89'28'45"E A DISTANCE OF 312.74 FEET TO THE TRUE POINT OF BEGINNING OF THlS.fiASEMENT DESCRIPTION; . THENCE S49'40'41"E A DISTANCE OF 10.23 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF 49'48'22" A DISTANCE OF 17.39 FEET TO A POINT; THENCE S00'07'41"W A DISTANCE OF 114.11 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT E~,AVING A RADIUS OF 20.00 FEET THROUGH THE CENTRAL ANGLE OF 33'11'07" A DISTANCE OF 11.58 FEET TO A POINT; THENCE S33'18'48"W A DISTANCE OF 18.22 FEET TO A POINT; THENCE S47'21'19"W A DISTANCE OF 6$.66 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A kADJUS OF 35.00 FEET THROUGH THE CENTRAL ANGLE OF 17'35'48" a DISTANCE OF 10.75 FEET TO A POINT; ~' THENCE S64'S7'07"W A DISTANCE OF 32.09 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET THROUGH THE CENTRAL ANGLE OF 14'30'38" A DISTANCE OF 8.$6 FEET TO A POINT; THENCE S79'27'45"W A DISTANCE OF 121.79 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 188.88 FEET THROUGH THE CENTRAL ANGLE AF 60'06'21" A DISTANCE OF 196.14 FEET TO A POINT; THENCE S17'20'S1"W A DISTANCE OF 179.04 FEET TO A POINT; THENCE S14'30'36"W A DISTANCE OF 135.68 FEET TO A POINT; THENCE S23'14'40"W A DISTANCE OF 189.91 FEET TO A POINT ON SOUTHWEST PROPERTY LINE OF SAID PARCEL A; THENCE ALONG NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS POINT WHIGH BEARS S4T53'03"W A DISTANCE OF 459.50 FEET FROM THIS POINT, THROUGH THE CENTRAL ANGLE OF 10'50'27" A DISTANCE OF $fi.94 FEET TO A POINT; THENCE N27'32'36"E A DISTANCE OF 116.43 FEET T0. A POINT; THENCE N14'28'31"E A DISTANCE OF 261.13 FEET TO• A POINT; THENCE N17'20'51"E A DISTANCE OF 178.95 FEET TO A POINT; THENCE ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE of 3]'14'39" A DISTANCE OF .54.53 FEET TO a POINT; 44 MJ4~1TanaVi~w~TanceViewpuklDxlmgoa6.p I,pr.vg PIERCE,WA Page 44 of 47 Printed on 11/16/2006 10:38:09 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.045 THENCE N48'33'53"E A DISTANCE OF 18.97 FEET TO A POINT; THENCE ALONG CURVE Tp THE RIGHT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF 30'53'52" A DISTANCE OF 53.93 FEET TO A POINT; THENCE N79'27'45"E A DISTANCE OF 121.79 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET THROUGH THE CENTRAL ANGLE OF i 4'30'38" A DISTANCE OF 25.33 FEET TO A POINT; THENCE N64'S7'07"E A DISTANCE OF 32.09 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF i 00.00 FEET THROUGH THE CENTRAL ANGLE OF 17'35'48" A DISTANCE OF 30.71 FEET TO A POINT; . THENCE N47'21"19'E A OIS7ANCE OF 76.67 FEET TO A POINT; THENCE N33'18'48"E A DISTANCE OF 36.fi6 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET THROUGH THE CENTRAL ANGLE OF 33'11'07" A DISTANCE OF 28.96 FEET TO A POINT; THENCE N00'07'41"E A DISTANCE OF 124.96 FEET TO A POINT; THENCE ALONG CURVE TO THE LEFT HAVING A RADIUS OF 40.04 FEET THROUGH THE CENTRAL ANGLE OF 31'21'06" A DISTANCE OF 21.91 FEET TO A POINT; THENCE N$9'28'45"W A DISTANCE OF 74.48 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT. RESPONSIBILTY OF JERRY R. BROADUS AND OF GEOMETRIX SURVEI'ING INC. LIMITED TO THIS LEGAL DESCRIPTION, 45 PIERCE,WA Page 45 of 47 Printed on 11/16/2006 10:38:09 AM Document: CCR 2004.06220478 x-zs-a-~ __ Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.046 i~`Tj CLEAN WATER STORM DRAI}~AGE UTILITY EASEMENT LEGAL DES(-ZtIP'!'ION A 15 FOOT WIDE STORM DRAINAGE EASEMENT ACROSS PORTIONS OF PARCELS A AND B OF PIERCE COUNTY BOUNDARY LINE ADJUSTMENT NUMBER 200103295016, IN GOVERNA~TIT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN T~ CTTy OF AUBURN, PIERCE COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL B; THENCE ALONG THE EAST LINE OF SAID PARCEL N1I°00'S9"E 7.70 FEET; THENCE S74°07'S7"E 7.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS CENTERLINE, ON THE WEST EDGE OF THAT EASEMENT DESCRIBED IN EXHTBTT "L" OF THIS DOCUMENT OR AS MAY BE AMENDED; THENCE N74°0T57"W 62.86 FEET; THENCE N74°51'06"W 193.21 FEET; THENCE N76°19'47"W 81.28 FEET; THEI~ICE N40°36'12"W 64.29 FEET TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS DEEDED UNDER AUDITOR'S FEE NO. 200102230699 AND THE TERMIlVUS POINT OF THIS CENTERLINE. MJU1Te"aoeV icwlTmaceViawpa*\peelsray~,6.1~-pq.~y 46 PIERCE,WA Page 46 of 47 Printed on 11/16/2006 10:38:10 AM Document: CCR 2004.06220478 Branch :RTW,User :BRAN Title Officer: GC Order: 10946713 Comment: Station Id :BXBY 200406220478.047 m N .~ ~ ~ M 0 z •e ~ :t [i y 3 ' II. 1/4 CDR CLEAN WATER STORM ILLUSTRATIVE MAP 7' 77 H LpVa cov. for s --'- `" PARCEL B BLA .80of03295018 SCALE: 1'•.f00' 5"- z`-~ 4 CEOifBTRIX SURNB77HG, !NC PO BOX Y49 PUI'ALtUP, iA. 98371 Y63-8s0-5880 ' USS?' SDCS BASBl16"IYT K ~ ax~rtBrr 'L' ~ ~° 0 rs' CLSAN UATB'R .t~Q 81.289'47'W/ Y81V7' ~~ r ~ N40'36'12'1N 84.E N74 S]'08'W ]93,2] ~~r: -~. _ ~ r ~~\ N P.~p~ ~~'~~•S f ``~ 47 PIERCE,WA Page 47 of 47 Printed on 11/16/2006 10:38:10 AM Document: CCR 2004.06220478 WHEN RECORDED RETURN TO: City of Auburn Gity Clerk 25 West Main Auburn, WA 98001 Type of Document: Quit Claim Deed Grantor: City of Auburn Grantee: Terrace View Properties Limited Liability Company Abbreviated Legal Description: PTN of Lot B, BLA 200103295016 Complete Legal: Page 1 of Document Assessor Parcel No.: 0520062048 QUIT CLAIM DEED THE GRANTOR, CITY OF AUBURN, a Washington municipal corporation, for and in consideration of Dedication of Tract D to the City of Auburn as part of the Plat of Terrace View Townhomes, conveys and quit claims to TERRACE VIEW PROPERTIES LIMITED LIABILITY COMPANY, a Washington limited liability company, ~ all right, title and interest to the following described real estate, situated in the County of Pierce, State of Washington herein: A PORTION OF PARCEL "B" AS RECORDED IN BOUNDARY LINE ADJUSTMENT NO. 200103295016, RECORDS OF PIERCE COUNTY, IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL «B~,. THENCE NORTH 11°00'59" EAST ALONG THE EAST LINE OF PARCEL "B", A DISTANCE OF 90.09 FEET; THENCE NORTH 78°59'01" WEST, A DISTANCE OF 15.91 FEET TO THE TRUE POINT OF BEGINNING OF THIS WATER PUMP STATION DESCRIPTION; THENCE NORTH 75°49'12" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 14°27'00" EAST, A DISTANCE OF 75.00 FEET; THENCE SOUTH 75°49'12" EAST, A DISTANCE OF 40.00 FEET; THENCE SOUTH 14°2700" WEST, A` DISTANCE OF 75.00 FEET TO THE TRUE POINT OF BEGINNING; 1 SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. DATED , 2007. CITY OF AUBURN By: Peter B. Lewis, Mayor Approved as to form: Daniel B. Heid, City Attorney STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me Peter B. Lewis to me known to be the Mayor of the City of Auburn, the municipal corporation described in and 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 he was authorized to execute said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of , 2007. [printed name of notary] NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 2 WHEN RECORDED RETURN TO: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Type of Document: Release of Easements Recorded under Auditor's File Nos. 200209160499, 2003052 1 1 1 87, and 200305211188 Reference of Documents Released: Auditor's File Nos. 200209160499, 2003052 1 1 1 87, and 2003052 1 1 1 88 Grantor: City of Auburn Grantee: Terrace View Properties Limited Liability Company Abbreviated Legal Description: Lot B, BLA 200103295016 Complete Legal: Pages 2 and 3 of Document Assessor Parcel No.: 0520062048 RELEASE OF EASEMENTS RECORDED UNDER AUDITOR'S FILE NOS. 200209160499, 200305211187, AND 200305211188 I. Recitals A. By Easements recorded under Pierce County Auditor's File Nos. 200209160499, 200305211187, and 200305211188 (the "Easements"), Terrace View Properties Limited Liability Company ("Terrace View Properties") granted to the City of Auburn (the "City") certain easements over certain land described in Exhibit A attached hereto and incorporated herein by this reference in conjunction with a certain water booster pump station conveyed by Terrace View Properties to the City under Pierce County Auditor's File No. 200305211190. The City has not yet developed that certain land described under Auditor's File No. 200305211190. B. In conjunction with approval of a certain Plat (No. PLTOS-0003) commonly known as Terrace View Townhomes, the City of Auburn requested that the water booster pump station be relocated as Tract D within the Plat of Terrace View Townhomes. C. As a condition of relocation of the water booster pump station and as a condition of Plat approval under Plat Application No. PLTOS-0003, the City agreed to release certain easements appurtenant to Auditor's File No. 200305211190. II. Release of Easements Now, therefore, in conjunction with the conditions of approval of the Plat of Terrace View Townhomes and in consideration of relocation of the water booster pump station to Tract D of the Plat of Terrace View Townhomes, the City agrees as follows: TV\Sound Built\Release of Easement.2- 14-07.v2 1. The City does hereby terminate and forever relinquish all right, title and interest in and to those certain access and utility easements over, under and across that certain real property described under those certain Easements recorded under Pierce County Auditor's File Nos. 200209160499, 200305211187, and 200305211188. 2. This Release of Easements shall apply to the land described on Exhibit A attached hereto. In Witness Whereof, this Release of Easements is entered into on the date and year set forth below. CITY OF AUBURN By: Peter B. Lewis, Mayor Approved as to form: Daniel B. Heid, City Attorney STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me Peter B. Lewis to me known to be the Mayor of the City of Auburn, the municipal corporation described in and 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 he was authorized to execute said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of , 2007. [printed name of notary] NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: TV\Sound Built\Release of Easement.2-14-07.v2 EXHIBIT A LEGAL DESCRIPTION OF TERRACE VIEW TOWNHOMES A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 6; THENCE ALONG THE WEST LINE OF SAID SECTION 6, NO°31' 15 "E 1321.65 FEET; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 5 S88°57'32"E 624.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 11°00'59" W655.35 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF LAKE TAPPS PARKWAY EAST NORTH ACCESS RAMP AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699; THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE IN A GENERAL WESTERLY DIRECTION TO THE EAST RIGHT OF WAY LINE OF EAST VALLEY HIGHWAY EAST AS CONVEYED TO PIERCE COUNTY UNDER AF #200102230699, THENCE FOLLOWING SAID EAST RIGHT OF WAY LINE IN A GENERAL NORTHERLY DIRECTION TO THE NORTH LINE OF SAID GOVERNMENT LOT 5; THENCE ALONG SAID NORTH LINE S88°57'32"E 498.91 FEET TO THE TRUE POINT OF BEGINNING. (BEING PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER # 200103295016). SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. TV\Sound Built\Release of Easement.2-14-07.v2