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HomeMy WebLinkAbout5656ORDINANCE NO. 5 6 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND THE GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER COMMUNITY COLLEGE FOUNDATION AND THE WASHINGTON DEPARTMENT OF NATURAL RESOURCES. WHEREAS, GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER COMMUNITY COLLEGE FOUNDATION and the WASHINGTON DEPARTMENT OF NATURAL RESOURCES, owners of property to be developed at NE corner intersection between SE 320th Street and 124th Avenue SE within the City of Auburn's Potential Annexation Area; and WHEREAS, GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER COMMUNITY COLLEGE FOUNDATION and WASHINGTON DEPARTMENT OF NATURAL RESOURCES are applying to King County for a development agreement; and WHEREAS, Application No. WSCO2-0003 was submitted to the City of Auburn, Washington, on February 13, 2002, requesting water and sewer availability certificates; and WHEREAS, City of Auburn Comprehensive Plan Policy CE -3 requires, as a condition of obtaining water and/or sewer service, a legally binding --------------------- Ordinance No. 5656 April 11, 2002 Page 1 agreement to support annexation to the City at such time as the City deems annexation appropriate, and requires agreement to comply with appropriate City development standards and public facility specifications; and WHEREAS, RCW 36.7013.170 defines such an agreement as a development agreement; and WHEREAS, RCW 36.706.200 requires approval of development agreements only after a City has held a public hearing; and WHEREAS, the City of Auburn City Council has designated the Planning and Community Development Committee as the appropriate body to hold required public hearings; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of the public hearing, the Planning and Community Development Committee at a public meeting held on April 8, 2002, conducted a public hearing on WSCO2-0003 application; and WHEREAS, at the hearing the Planning and Community Development Committee in considering the application heard public testimony and accepted evidence and exhibits regarding the development; and WHEREAS, GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER COMMUNITY COLLEGE FOUNDATION and WASHINGTON DEPARTMENT OF NATURAL RESOURCES who are the owners of property within the City of --------------------- Ordinance No. 5656 April 11, 2002 Page 2 Auburn understands and agrees water and sewer services to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, at this time the City does not have an approved water and sewer comprehensive plan, and WHEREAS, thereafter, the Planning and Community Development Committee, based upon the Findings of Fact contained herein, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water and/or sewer availability certificates. FINDINGS OF FACT 1. Proposal. Green River Community College and The Green River Community College Foundation are proposing to construct approximately 86 units of student housing to be built in 9 buildings on 20.1 acres of property. The property, while largely vacant, is also currently used for parking and a house that has been converted into the GRCC Foundation Office. The properties are zoned R4 and R6 in King County. The applicant has indicated that the proposed use of the site is a permitted use under King County's zoning. 2. Auburn Comprehensive Plan and Pre -Zoning. The property is designated "Single Family Residential" on the City of Auburn Comprehensive Plan Map and is pre -zoned by the City as LHR1 and LHR2. 3. Water and Sewer service is available at the property. The Public Works Department has determined that sewer and water service is or can be made available to the property. 4. The proposal is consistent with City development standards. Based on City's review and comment on the applicant's initial submittal, the ----- ------- Ordinance No. 5656 April 11, 2002 Page 3 applicant revised their site plan to meet City Development Standards, and has also agreed with the following conditions: Individual side sewer permits will be required for each building; connections will be shown on permit submittal construction drawings. Sewer and water shall be installed to City standards, subject to applicable connection charges and also possibly an easement requirement. The private stormwater collection system shall be inspected by the City of Auburn, and an inspection deposit will be required and collected. Adequate fire access, through the provision of vehicle access and the appropriate fire hydrants, shall be provided to each building on the site, and all fire lanes shall be clearly marked and/or signed. A 65 -foot diameter turnaround shall be constructed at the end of the fire access lane on the east side of the development. No modifications to City development standards were requested for the proposal by the applicant. 5. The proposal is consistent with the City Comprehensive Plan. In accordance with City policy for annexation and expansion of city services; the proponent has demonstrated that: adequate urban services will be provided to the development; development will comply with King County standards for zoning and permitting; and the City shall be allowed to review and inspect construction of all public improvements, regardless of eventual ownership. The property has also been prezoned by the City to the zoning designation most consistent with the existing King County zoning designation. 6. The property cannot be annexed immediately. The property is not adjacent to existing City limits, and there are several intervening parcels. The property cannot therefore be annexed immediately. CONCLUSIONS 1. The findings of fact indicate that the proposal, if conditioned, is consistent with City Comprehensive Plan Policy CE -3. --------------------- Ordinance No. 5656 April 11, 2002 Page 4 2. The proposal satisfies the approval criteria for granting a water/sewer certificate identified in Auburn City Code (ACC) 14.18.070 A. 3. No modifications to city development standards were requested. RECOMMENDED CONDITIONS That the Planning and Community Development Committee recommend to the City Council approval of the development agreement which will enable the issuance of water and sewer availability certificate subject to the following conditions. 1. Individual side sewer permits will be required for each building; 2. Sewer and water shall be installed to City standards, subject to applicable connection charges and also possibly an easement requirement. 3. Adequate fire access, through the provision of vehicle access and the appropriate fire hydrants, shall be provided to each building on the site, and all fire lanes shall be clearly marked and/or signed. 4. A 65 -foot diameter turnaround shall be constructed at the end of the fire access lane on the east side of the development. 5. All other applicable city development standards shall be complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The above-cited Findings of Fact, Conclusions and Conditions are herewith approved and incorporated in this Ordinance by this reference. 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 unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being --------------------- Ordinance No. 5656 April 11, 2002 Page 5 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 phase be declared invalid or unconstitutional. Section 3. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City and GREEN RIVER COMMUNITY COLLEGE, GREEN RIVER COMMUNITY COLLEGE FOUNDATION and WASHINGTON DEPARTMENT OF NATURAL RESOURCES, Owners. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives 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: April 15, 2002 PASSED: April 15, 2002 --------------------- Ordinance No 5656 April 11, 2002 Page 6 APPROVED: April 15, 2002 PETER B. LEWIS, MAYOR ATTEST: 14 1 Danielle E. Daskam, City Clerk APPR VE T F D niel B. Heid, City Attorney Published: ^t'-1 9-,Q,2, --------------------- Ordinance No. 5656 April 11, 2002 Page 7 JUN 2 0 2002 CIN 0f A)BU CE 0VV RERKS RETURN ADDRESS: COA RPEO COPY 20020613002423 PAGE 0 1 OF 014AG 34.00 KIN/G13C2002 14:30 OOUWNTY, Wq MS. KARA HEFLEY GREEN RIVER COMMUNITY COLLEGE FOUNDATION 12401 SE 320th STREET AUBURN, WA 98092 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): Development Agreement REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A ❑ Additional reference #s on page ___ of document(s) GRANTOR(S) (Last name first, then first name and initials) Green River Community College, The Green River Community College Foundation, and The Washington State Department of Natural Resources ❑ Additional names on page _ _ of document GRANTEE(S) (Last name first, then first name and initials) The City of Auburn ❑ Additional names on page __ of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) Portion SW SE 09 21N 05E, Portion NW NE 16 21N 05E Additional legal is on page _12_ of document ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS 092105-9164, 092105.9215, 162105.9003 (part) ❑ Asscssor Tax # not yet assigned DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) Return Address City of Auburn Plannina Dept 25 West Main Street Auburn, WA 98001 WSC 02-0003 Parcel Number(s) 092105-9164. 092105-9215. 162105-9003 (part) Additional legal on page 10 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Green River Community College, The Green River Community College Foundation, The Washington State Department of Natural Resources and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. 1.2. The OWNER is seeking building permit approval from King County for development of the PROPERTY with student housing in multiple -unit buildings. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be WSCO2-0003 ORD 5656 04/11/02 Page 1 limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY. 1.8. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires that such extensions be conditioned on annexation or efforts toward annexation. 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and WSCO2-0003 ORD 5656 04/11/02 Page 2 sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: NE corner intersection between SE 320th Street and 124th Avenue SE The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY WSCO2-0003 ORD 5656 04/11/02 Page 3 indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER WSCO2-0003 ORD 5656 04/11/02 Page 4 may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide water and sewer utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the following: 4.1. Individual side sewer permits will be required for each building; 4.2. Sewer and wafer shall be installed to City standards, subject to applicable connection charges and also possibly an easement requirement. 4.3. Adequate fire access, through the provision of vehicle access and the appropriate fire hydrants, shall be provided to each building on the site, and all fire lanes shall be clearly marked and/or signed. 4.4. A 65 -foot diameter turnaround shall be constructed at the end of the fire access lane on the east side of the development. All other applicable city development standards shall be complied with 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. WSCO2-0003 ORD 5656 04/11/02 Page 5 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to annexation, construction of utility facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that any subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and costs. WSCO2-0003 ORD 5656 04/11/02 Page 6 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as of this _day of , 2002. CITY URN PETER B. LEWIS MAYOR WSCO2-0003 ORD 5656 04/11/02 Page 7 ATTEST: / ��vC_/ Danielle Daskam City Clerk APP Q AS F R Heid, City Attorney STATE OF WASHINGTON ss COUNTY OF KING ) On this day of2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. P' y�pN E1'•oi. �'%1�1 �PRY9<" 0 N . U ;o SVG ��hq�OFW -- WSCO2-0003 ORD 5656 04/11/02 Page 8 NOTARY PUBLIC in and to the tate of Washington, residing at MY COMMISSION EXPIRES: �i 0 OWNER: Green River Community College BY REPRESENTATIVE: R. B. Brumfield STATE OF WASHINGTON ss COUNTY OF KING ) On this a day of2002, before me, the undersigned, a Notary Public in and for 6 tate f as i gtpn duly commissioned and sworn, personally a r- l � S�L p y ppeare the REPRESENTATIVE of Green River Community College, the REPRESENTATIVE that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have on the date hereinabove set forfK.- WSCO2-0003 ORD 5656 04/11/02 Page 9 set my hand and affixed my official seal t d Name) NOTARY PUBVt2 innd fo the State of Washington, residing at �� MY COMMISSION E CPIRES:,/�Oy a OWNER: Green River Community College Foundation BY REPRESENTATIVE: STATE OF WASHINGTON ) ) ss COUNTY OF KING 1 On this c23 �d day of Iva } , 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared the REPRESENTATIVE of The Green River Community College Foundation, the REPRESENTATIVE that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. � (Printed Name) WSCO2-0003 ORD 5656 04/11/02 Page 10 NOTARY PUBLIC in and for the State of Washington, residing at 16 'j-, wq MY COMMISSION EXPIRES: i 07 a 4 Washington State Department of Natural Resources BY REPRESENTATIVE: STATE OF WASHINGTON ) ss COUNTY OF KING On this Zelfday of M , 2002, before me, the undersigned, a Notary Public in and foi e State of Washington, duly commissioned and sworn, personally appeared the REPRESENTATIVE of The Washington State Department of Natural Resources, the REPRESENTATIVE that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. CHARLOTTE U. JACOBS h NOTARY PUBLIC (Printed Name) STATE OF WASHINGTON NOTARY PUBLIC in and for the State of Washington, COMMISSION EXPIRES residing at Cis„s C* OCTOBER 19, 2004 8 MY COMMISSION EXPIRES: _ /0//4/051 WSCO2-0003 ORD 5656 04/11/02 Page 11 ATTACHMENT A PARCEL "A" THE WEST 722.58 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 350 FEET THEREOF; ALSO EXCEPT THAT PORTION THEREOF LYING WITHIN THE RIGHT OF WAY FOR 124TH AVENUE SOUTHEAST; ALSO EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 320TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5848125; TOGETHER WITH THAT PORTION OF VACATED SOUTHEAST 320TH STREET AS WOULD ATTACH BY OPERATION OF LAW. PARCEL "B" THE NORTH 310 FEET OF THE SOUTH 330 FEET OF THE EAST 1300 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGOTN; EXCEPT THAT PORTION THEREOF LYING WITHIN SOUTHEAST 320TH STREET; ALSO EXCEPT THE WEST 372.58 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; ALSO EXCEPT THAT PORTION THEREOF LYING WITHIN THE PLAT OF RAINIER RIDGE DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 116 OF PLATS, PAGES 1 THROUGH 3, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED SOUTHEAST 320TH STREET AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THE EAST 358 FEET OF SAID EAST 1300 FEET. LEGAL DESCRIPTION PREPARED BY BUSH ROED & HITCHING: PARCEL "C" A PARCEL OF LAND SITUATE IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON, ALSO BEING A PORTION OF TAX PARCEL #162105-9003, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.; THENCE SOUTH 86007'48" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 42.01 FEET A POINT ON THE EAST LINE OF THE WEST 42.00 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16 AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86007'48" EAST ALONG SAID NORTH LINE, 650.87 FEET; THENCE SOUTH 3052'12" WEST, 128.75 FEET; THENCE NORTH 86007'48" WEST, 246.75 FEET; THENCE SOUTH 3052'12" WEST, 161.25 FEET; THENCE NORTH 86007'48" WEST, 299.00 FEET; THENCE NORTH 3052'12" EAST, 149.75 FEET; THENCE NORTH 46002'06" WEST, 135.79 FEET TO A POINT ON THE EAST LINE OF THE WEST 42.00 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16; THENCE NORTH 02031'29" EAST, 52.81 FEET TO THE POINT OF BEGINNING. CONTAINING 128,541 SQUARE FEET OR 2.951 ACRES MORE OR LESS. WSCO2-0003 ORD 5656 04/11/02 Ord 5656 EXHIBIT "A" Page 1 00iO3ijyj_aj:jj9 Fns 2"e 526�D�7s BUCH & GORDON LLP �pp��p� �• 6 R . CSC DSV*Iormwnt 12Z328 113418 Ord. 56$6 Exhibit "All -POTENTIAL ANNEXATION AREAS Page 2 AUBURN, WASHINGTON NOT TO SCALE rsK.b W � 1ao