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1 RESOLUTION NO. 2 9 9 5
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
3 COUNTY, WASHINGTON, AUTHORIZING THE EXECUTION OF A SETTLEMENT
AGREEMENT AND RELEASE OF ALL CLAIMS BETWEEN VICTOR
4 ENTERPRISES, L.L.C. AND VICTOR DiPIETRO, CITY OF AUBURN AND
THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION, FOR
5 RESOLUTION OF KING COUNTY CAUSE N0. 96-2-18019-0 KNT AND TO
ESTABLISH THE CITY OF AUBURN AND STATE OF WASHINGTON'S JOINT
6 PARTICIPATION INSOFAR AS CONSIDER.ATION PAID AND TRANSFER OF
REAL ESTATE AND EASEMENT.
7
8 WHEREAS, VICTOR ENTERPRISES brought a cause of action
9 against the City of Auburn and the Washington State Department
10 of Transportation in King County Cause No. 96-2-18019-0 KNT;
11 and
12 WHEREAS, all parties agreed to mediate their disputes
13 before retired Judge Gerald Shellen; and
14 WHEREAS, as a result of the mediation the parties have
15 arrived at a full and complete settlement; and
16 WHEREAS, the settlement is memorialized in that Agreement
17 attached as Exhibit "1" entitled SETTLEMENT AGREEMENT AND
18 RELEASE OF ALL CLAIMS which was prepared by the State of
19 Washington; and
20 WHEREAS, pursuant to the terms and conditions of the
21 Agreement the City will be transferred the property, the City
22 will provide a transfer of the most westerly 60 feet of the
23 property to the State of Washington and provide an easement to
24
25
26
Resolution No. 2995
July 31, 1998
Page 1
1 the State of Washington for drainage against the remainder of
2 the property received by the City; and
3 WHEREAS, the Agreement provides for the formula for the
4 payment of the property as settlement of all claims; and
5 WHEREAS, the Agreement is consistent with the
6 Comprehensive Storm Water Plan.
7 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL
8 OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AS FOLLOWS:
9 Section 1. The Mayor is authorized to execute the
10 attached, Exhibit "1", SETTLEMENT AGREEMENT AND RELEASE OF ALL
11
CLAIMS, and further authorizes the execution of documents
12
necessary to cause a dismissal of litigation in the matter
13
captioned VICTOR ENTERPRISES v. CITY OF AUBURN, ET AL., under
14
King County Cause No. 96-2-18019-0 KNT.
15
Section 2. The Mayor is hereby authorized to implement
16
17 such administrative procedures as may be necessary to carry
18 out the directives of this legislation.
19
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Resolution No. 2995
July 31, 1998
Page 2
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DATED and SIGNED this ~ day of August, 1998.
1
2 CITY OF AUBURN
3
4
5 a0k ol kd
6 CHARLES A. BOOTH
MAYOR
7
8
9
ATTEST:
10
11
12 Danielle E. Daskam,
City Clerk
13
14
15 PPROVED AS TO FORM:
16
17
Michael J. Reynolds,
lg City Attorney
19
20
21
22
23
24
25
26 Resolution No. 2995
July 31, 1998
Page 3
~ . . ~v -3, /
. . 0
ORIGINAL
NOV w Y 1998
SETTLEMENT AGREEMENT AND C!TY ~F AUBURN
C!'1Y F43-°,PK9 OFFIGE
RELEASE OF ALL CLAIMS
PARTIES:
Victor Enterprises, L.L.C., a Washington limited liability company, Victor DiPietro,
hereinafter referred to collectively as "the Plaintiff."
The City of Auburn, a Washington municipal corporation, its officials, empioyees,
agents, consultants, attorneys, past and present (hereinafter referred to as "the City").
y The State of Washington, its officials, employees, agents, consultants, attorneys, past and
' present (hereinafter referred to collectively as "the State").
SUBJECT PROPERTY:
Parcel A:
Lots 5-9, exclusive, Block E, Lunn's Garden Tracts to Auburn, according to the plan
recorded in Volume 10 of Plats, page 33, in King County, Washington;
Except those portions of Lots 8 and 9 conveyed to the State of Washington by deeds
recorded under King County Recording Nos. 2726487 and 6575826;
and except the east ten feet of Lots 5, 6, 7, and 9, conveyed to the City of Auburn by deed
recorded under King County Recording No. 7301090388.
,
Page 1 of 6 .
Parcel B:
That portion of the east one-half of southwest one-quarter of the northwest one-quarter of
Section 13, Township 21 north, Range 4 east, W. M., all situate in King County,
Washington, line east of State Route 167 and line north of the northern margin of West
Main Street, Aubuni, Washington.
PROVISIONS:
, WHEREAS, by its first Amended Complaint of February 19, 1997, bearing King Counry
Cause No. 96-2-18019-OKNT, the Plaintiff has brought claims against the City and the State for
an inverse condemnation and damaging of the Plaintiff's property and property rights;
WHEREAS, the City and the State has denied and continue to deny any responsibility or
,
liability for the claims alleged by the Plaintiff;
WHEREAS, the above-mentioned Plaintiff's desire to resolve any and all issues and
claims plead, which could have been plead, and to settle all claims for damages known,
unknown, foreseeri or unforeseen by the Plaintiff, and contemporaneously provide the City and
the State with property for the construction of future public works projects;
NOW, THEREFORE, the parties agree to do the following:
l. The Plaintiff agrees to transfer fee title to the above-referenced Parcel B to the City,
by statutory warranty deed free of all liens, assessments, and encumbrances to title.
Page 2 of 6
2. In addition to the transfer of Parcel B provided in paragraph 1 above, the plaintiff
forever releases and discharges the State and the City from any and all claims for
damages known, unknown, foreseen, unforeseen, or could have been known arising
from those transactions plead or could have been plead in Plaintiff s Amended
Complaint in the case of Victor Enterprises v. City of Auburn, et al., King County
Cause No. 96-2-18019-0KNT.
3. As consideration for the transfer of Parcel B, as required by paragraph 1 above, and
. the release of all claims for damages contained in paragraph 2 above, the City and the
State agree to pay the Plaintiff a total of $1,050,000.00, pursuant to an apportionment
agreement between the City and the State.
4. In consideration of the State's contribution into the settlement of this matter, within
30 days of the City's receipt of title to Parcel B as provided by paragraph 1 above, the
City shall .transfer to the State of Washington in fee, and free of all liens and
encumbrances to title, the most westem 60 feet of the above-referenced Parcel B, and
a drainage easement against the remainder of Parcel B, to be used solely for highway
purposes, and any additional incidental transfers of land which may be necessary to
accommodate modifications to the bridge structure of West Main Street. The transfer
of these interests shall be accomplished by warranty deed.
Page 3 of 6
By their signatures below, the undersigned certify that they have read the provisions of
this Settlement Agreement and Release of All Claims, agree to the provisions without
reservation, and have the requisite authority to bind their principles as parties to this Agreement.
VICTOR ENTERPRISES/VICTOR
DiPIETRO
By:
Its:
Dated:
APPROVED AS TO FORM: THE CITY OF AUBURN
~
~
,
MICHAEL REYNOLDS By' ~aaA~cz
Pr
inted Name:
CiTy Attorney Its: 1 •
Dated: ti-31A43 Dated:
APPROVED AS TO FORM: STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
CHRISTINE O. GREGOIRE
Attorney General
By:
Printed Name:
M. JOSEPH SLOAN Its:
Assistant Attorney General Dated:
Dated:
Page 4 of 6
ACKNOWLEDGEMENT
STATE OF WASHINGTON )
) ss.
COUNTY OF . 1 rN )
On this ~ day of A lk~kS' t' , 1998, before me personally appeared
'CQ-A'ro to me known to be the U~~~Zm- of the
corporation that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that he/she is authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
[SEAL] Printed Name Ra'y'Q'y\
NOTARY PUBLIC in and for the State of ,
Washington, residing at
My commission expires: 10 a OQ
Page 5 of 6
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Return Address:� �
c�tyofA,�,� ocr - s �sss �
City clerk , CITY OF AUBURN �
25 vl�est Main CIIY C�EqKS OFFICE s
Aubum, WA 98001
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FILED �Y PNVYT � �
�Vv�18yo-i2 ao/3 �
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� Above this line reserved for recording information.
;� PAYBACK AGREEMENT _
Q� LOPER'S EXTENSION Enter rises LLC
� `RefeceIICe#(if appllCable): Victor. DiPietro, dba victa4Yiditional on page: _
� GrantorBorro :C,�(� 2)
O ' Additional on page: _
� Grantee/Assignee/Beneficiary: City of Auburn
� Legal Description/STR: NW 13-21-04 Additional on page: _
Assessor's Tax Pazcel ID#: 446340-0470
This Agreement made and entered into this�day of��,�...,,G�
>
19�,by and between the City of Auburn, a municipal corporation of King unty;.-
Vic�o-rDiFietro;dba—IT3c[ prises, LLC
Washington,hereafter called the C and _ , wHose is
----- _�
3600 South 124`�, Seattle, WA 98168,hereafter referred fo as DEVELOPER.
WHEREAS,pursuant to Chapter 35.91 RCW et seq., the CIT'Y has by Resolution -
� No. �99� adopted by the City Council of the CITY on the /7�day of
Said document(s)were flled for
rewrd by Pacific Northwest Title aa
�ccommadation only. ft has not been
exemined as to proper execution or
Payback Agreement for DiPietro Industrial Patk ' -
Developer's Extension FAC0037-92
, Pogel�of7 ,
. ',.. . •
� 19 9�_approved the execution of this Payback Agreement with the
DE LOPER above and referring to facilities described herein; and
WHEREAS, the above-described DEVELOPER has offered and the CTTY has
agreed to accept a bill of sale found as Exhibit A, water and storm drainage facilities,
attached hereto, as part of the utility systems of the CITY;
NOW TI�REFORE, IN CONSIDERATION OF 'TI�CONDITIONS AND
COVENANTS HEREIN, TI�PARTIES AGREE AS FOLLOWS:
I. DEVELOPER
The above-described DEVFLOPER is the record OWNER of real property
legally_described_as shown on Exlubit B submitted by the DEVELOPER.
; and.attached hereto. The real propecty descn�bed is also laiown as the Plat
//�,;� , King County, Washington.
� Victor DiPietro„dba Victor Enterprises, LLC
�� ap showing'saiil property is attached hereto as Exkribit C.
II. FACILITIES
� The facilities which have been consh�ucted by the DEVELOPER herein
� are as shown in the attached Exhibit A,incorporated herein by trris
� references, and processed as Developer Public Faciliry Extension,
� Extension herein i�eferenced as FAC0037-92,origivals on file at the office
N of the City Engineer. The faciliries have been constructed in accordance
r1 with the ordinances and requirements of the CTTY goveming the
' O construction specifications for facilities of such type, and have been
�. approved'bythe City Bngineer.
III. ARRA OF FA iTY S .RVIC .B . FIT
Theproperties benefited by the faciliries constructed by the DEVELOPER
are shown on Exhibits C and D,which are by thisreference incorporated
herein as if fully set forth herein. Any owner of real estate legally
described within the benefit boundary asshown on the attached Exhibits C
and D, shall pay as a condition for connecting to the facilities, an amount
as identified in Section.V. All properfy witliin the benefit boundary shall
be subject to the connection fee as provided in tlus agreement as a
condition of issuance of the connecrion permit by the CITY.
Pay6ack Agreemrnt for DiPietro Industrial Park-
Develaper's Extension FAC0037-92 .
Page 2 of 7 , , .
N. TE$M
For a period of 15.years from date of recording of this Ageement in the
office of the Counry Auditor of the Counry in which the real estate is
located, any owner(latecomer)of real estate legally described in Section
III, and which owner has not fully contributed their pro rata share to the
original cost of the above-described facility, shall pay to the CITY the
amounts shown in Exhibit D attached hereto. The charge herein represents
the fair pro rata share of the cost of construction of said facilities payable
by properties owned by latecomer parcels shown in Exlribits C and D.
Payment of the:latecomers pro rata share is a condition of issuancb of the
connecrion permit by the CTTY.
The CITY shall reimburse the DEVELOPER atsix(6)month intervals
any such amounts collected.
Upon the expiration of the 15-year term of this Agreement, any moneys
collected by the CITY will not be reimbursed to the DEVELOPER, and
fiuther credits against system development charges shall not be granted.
V. AMO TNT OF REIMB TRSEMENT �
c,a„u w,a,te � .
Storm Drainage collectio�y�'acilities: The DEVE OPER, tussuccessors,
� heirs and assigns, agrees that the amounts which the DEVELOPER is
reimbursed from the property owners as specified in Section III of this
Agreement,represents a fair pro rata share reimbursement for the
DEVELOPER'S construction of the facilities described in Section II of
this Agreement. The amounts per pazcel are separately itemized as shown
� in E�ctubit D attached hereto, and totaling to not more than $55,889.14 in
� full amount.
�
C�t In addition to the payback amounts above,the City will reimburse, from
� System Development Charges already paid by the DEVELOPER,within
� 45 days from the.date oftlus Agreemern,the amounto€$3,900.00 for
� oversizing the line flowing westerly from Westem Street from 12"to 18"
as required by the CITY. Such oversizing amounts aze generally credited
against SDC charges at the rime of coaneotion,however, in this case the
SDC charges have already been paid by the DEVELOPER.
Prior to recordation by the DEVELOPER as described in Section X, the
CTfY, at the-written request of the DEVELOPER, shall mail to the
property owners, as reflected in the records of the King County Assessors
Office,as specified in Section III, notification of the.allocaTion of costs to
be levied against the properties which are payable prior to connection to
the systems. The propeity owner shall have the right to a review of the
costs with the City Engineer within 21 days frbm the date of said notice
for the purpose of requesting an adjustment in the allocation of the charge
to the property.
Payback Ageement Cor DiRetro Industrial Pazk .
� Developer's Fxtension FAC0037-92
Page 3 of 7
J��.ta.�... �..:'.yi "_.' C':✓.�-J:. .�. . . ._..._. ..
� .. . . , . . i .... . A f,�t.� .�t.t:l.-, i .
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� ,.
V..
If the City Engineer, upon requested review by a notified property
owner(s),does find cause for adjustment in the allocation of the charge to
the benefited property(s), such adjustment will be made and the
DEVELOPER will bepotiSed of the adjusted amount(s)prior to
recordation. The resulting adjusted Exhibits C aud D shall govem
reimbursement aznounts to be received by the DEVELOPER.
VI. EFFECT OF AGREEMENT
The pmvisions of tlus Agreement shall not be effective as to any owner of
real estate not a party hereto unless this Agreement has been recorded in
the office of the County Auditor of the County in which the real estate is
located prior to the time such owner receives a permit to tap into or
connect to said facilities.
If for any reason, the CITY fails to secure a latecomer payment for
Owner's fair pro rata share of the cost of the facilities;before connection to
the extension, the CTTY is not liable for payment to the DEVELOPER. _
The entire.responsibility for notices,recordation and completion of tlris
Agreementis upon the DEVELOPER,who ag�ees to do all and to hold the
CITY harmless.
VII. OWNERSHIP OF FACIL.ITY
The DEVELOPER has constructed the facilities described in Section II of
this Agreement,which faciliries have been accepted by the CITI'as
i' satisfactory.
� The facilities have become a part oE the municipal system of the CTTY.
� All maintenance.and operation costs_of said facility shall be bome by the
� CITY, except as noted otherwise in FACU037-92.
�
� VIII. UNAU'1'fiOR7ED GONNECTION
C7 .
� Whenever any connection is made into the facilities described in Exhibit A
under this Agreement which is notauthorized by the CITY, the CITY shall
have the absolute authority to remove or causeto be removed such
unauthorized connections and all connecting lines or pipes:located in the
facility's right-of-way. The CITY shall'incu;no liakiility for any damage
to any person oc property resulting from removal of the unauthorized
connection.
Payback Agreement for DiPieqo Industrial Purk
Developer's Extension FAC0037-92
Page 4 of 7
IX. CURRENT ADDRESS & TELEPHONE NLJMBER
The DEVELOPER shall keep a currentrecord of lus/her address and
telephone number on file with the City Engineer of the CI11', and shall
within 30 days of any change of said adciress and/or telephone number,
norify the Ciry Engineer of the CITY in writing. If the DEVELOPER fails
to do so,the parties agree that the CITY may anthorize connections
resulting therefrom and not incur any liability for the non-collection and/or
non-reimbursement of charges to the DEVELOPER under this Agreement.
X. COVENANTRiINNING WITH THE LAND
This Ageement shall be binding on the DEVELOPER; its successors,
heirs and assigis and shall so be binciing on the legal owners of all
properties described within the benefit:bbundary of the azea as shown in
the attached Exhibits C and D,their successors, heirs and assigns. The
CIT1'shall make the actual recording and provide the DEVELOPER with
confirmation thereof,but such recordation shall only be made after
expiration of review period specified in Section V.
XI. HOLD HARMT.ESS
The DEVELOPER will indemnify and save the CITY and the CITY'S
officials and ageats harmless from all claims and costs of defense, arismg
out of this agreement, as a result of DEVELOPER actions, misconduct or
breach of contract,mcluding but not limited to attomey's fees, expert
'cP' wihiess fees, and the cost of the services of engineering and other
.� personnel who,'s time is reasonably devoted,fo the prepazation and
� attendance of depositions,hearings,arbitrarion proceedings, settlement
� conferences and irials growing ont of the demands andlor actions of
� property owners incurred in the performaace or completion of this
p� Agreement.
O
.� XI. CONSTI'TiJTIONALTTYORINVALIDITY,
If any section, subsection, clause or phrase of this Agreement is for any
reason held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the vatidity or constitutionality of the
remaining portions of trris Agreement,as it being hereby expressly
declazed thaYthis Agreement and each section, subsecrion, sentence, clause
and phrase hereof would have been prepared;pmposed, adopted and
approved and rarified irrespective of the fact that any one or more section,
subsection,sentence, clause or phrase be declazed invalid or
unconstitutional.
� Payback Agreement tor DiPietro Industrial Park �
DeJeloptr's Extension FAC0037-92 ,
Page 5 of 7
CITY OF AUBURN
. C.�.o�.P.�.A .(300+�
MAYOR
ATTEST:
J( J�j ,,�/�,!
- �. �,1Ty�J�l �
O T FORM:
ity Attomey
DEVE PER:
_�
BY: BY:
Victor DiPietro, dba Victor Enterprises, LLC
TITLE:..Owner TITLE:
�'
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v�d
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Payback Ageemrnt for DiPietro Industrial P�lc
Developer's Extension FAC0037-92 �
Page 6 of 7 � .
STATE OF WASHINGTOI�
)ss.
County of King )
I certify that I lmow or have satisfactory evidence that Charles A. Booth and Danielle E.
Daskam were the persons who appeared before me,and said persons acknowledged that
they signed this ins�ument; on oath stated that they weresuthorized to execute the
instrument and acl�owledged it as the MAYOR and CITY CLERK of the CTTY OF
AiJBURN to be the free and voluntary act of such parties for the uses and purposes
mentioned in s u�strument.
Dated /– �%�
',,�pn..n.,,�'� j / ,, � � )
J���pPP.A:,QOT�'•� C,%� '� �I61-u[�L/
. �O_H:•�g510N �i
� ~��°NOTARYA�9N��,� � �A�/I2[l.t�'st.. P�-- �O�,Q.�.� . �
� ' —*— ' � Notary Public in and for the State of Washington
� N; �
i.�:, PUBLIC :'.? � . � .
�-yJ�°r �<�• o; My appointment expires /��T
��i 1�•���eFR9�,..nJ�,�..
'�h�FWAS�'`����,�
'�nu.u��a`
STATE OF WASHINGTOI�
)ss.
County of King )
I certify that I lmow or have satisfactory evidence that victor DiPietro
and is/are the person(s)
who appeazed:before me,and.said,individaals(s)aclmowledged that he/she/they signed
�, tliis instrument and acl�owledged it to be his/her/their free=and voluntary act for the uses
;� and puTposes mentioned ia tlus instrument.
� Dated December 17, 1998
�
C�2 na.�..,.... ... � � ��
pd ,�a"(��n5�(A��, , �LLns,.— (�LD,sa.il vo•
� �,�.� � �~�����41 . rt .
�O�Q'��f10�� . .
� i' ��OTAR��,���, Karen Swartley
� ' �+ �O'�'°� ' 'r Notary Public in and for the State of Washington
?`"9'; �Z�'�6�� residing at Renton
",rF�''•. .....:rr` MY aPPointment e�iires l0/02/00
�F YlRS`�..
,,....
� Payback Agreemrnt fm DiPietro Industrial Park . . •
- Developer's Extension FAC0037-92
Page 7 of 7
EXHIBIT A
�. ' , BILL O�SALE •
(Corporntc)
KNOW ALL MEN 6Y TfIESE�RESGNTS that(or and in considerdlion of Ihe sum of ONG UOLLAR
(SI.00)andblha good aidsuRicient considemlioa receipl�ehereof is hcret�y. �na��icdged,lheundersigned
� Grm�tor(s) I
v���or m���oiro o.n:n.v�rior r•.�����������s�s L I-.�.
do by ihue prwenls liereby conrq•,�seto��er,�nssign,traufernnd�e�rrmit la Ihe Cily of Aubum, King Cowuy,
WnsUinglon,nMUNICIPAL CORPORATION,tlie�fol�owing�public improecments:�
� (al GSS lin.ft.sh•ccl imn�roveiiicnls for lhc wcst onc-hnif of Wesle��i Avcniic bclwcci� Ii�rccnler Iinc of�V. .
Main Sfreet nnJ�715 fect Nm'Ih thereof incladine nnveme�ris,cm•b�anJ eallers,sidewnlies,nnd d�:�inaec
:��hm comnrised of rnlch basins nnJ t2and IS inch Jiamcicr storm 16•nin nincs. � -
'.(612.cac6 ilinminnlion nolcs nnd hvuinnrics incluJin¢�cicclrirnl conduils,wii•ioe mtd m�nurlennnccs. . .
� fc1-1318.fin.!t.of 8 incl�diaiiielcr�dnclile iroi�wnlcr main ninc incliiiliiie 5 enc6 firrhvdrnnls,vnlvine:ind.
, olher �nnurlenances �
� Siwated�vilhin the folb�ving deseribed real properl�^ �
. The margins Ihe Wcslern A�•cnue nn��Vest Dlain Sdret righl of rvay logclher�vilh casemculs Ieg�lly .
. ��dcse�ibcJ�mder Il�c almchcQ Lxhibil••A" � �
� uid IGe said Cr.vitor(s)hereby t�•arrmit Ifial Lc is/tmt lhc solro�rncr(s)of aIP 16c propeny
� . above conve4e:d;thal.tlieyliire�full po���er to coi»�cr tlie same and �hat dic�•���ill�defcnd ihe iiile of tlic slid �
Grantee againsl am•and all persons Imvfully�making claim Iherelo.
� IN Wll'NESSWHERLOFIhe Gran�or(s)li�i•e�execuicd�hcse grescnls Ihis '
�_dar oC �T_, 19�f�
_ � ' � ' . . . Vitl r Di iiclr b.Ii Viclor Enlcr iriscs LLL� .
i�
� . � - . . ��� i�—,
� � � � . ; Presidein
� p`
� . . Secretaq�
0
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�
STATEOF WASHINGTON )
)ss.
COUNTY OF KING )
- On Il�is�dap of� N�`� I , I'��,beforc mc,Ihc w�dersigned,a Notnry Public
iq and�for ll}�Sy�le o(�Vuhin6lon,duly commissioned mid s��•orn,persoiially appcorcd -
� �/�C.i9i' l) \�i4'1'V'O - 'and ' ,to�me known lo be �
Ihe Presidpil and� � � Sccrclap•,res�iectivcl}�,of .
\l��gCp�. L '�. IGe corporalion Ihat e�eouleil U�c foregoing inslnunenl,nnd - .
' acknowledge Ilie s.�id inslrume�if lo lie�llie Gee and volwilan°.cl mid decd of said corporation,for Ihe use nnd }
� � purposu Iherein menlioned,mid:m oath slaled Ihai��, � mdhorired to eseculc
the s5id instrumem:md-tlinl tlie seal.alTised�is Ihe corpornle senl.of said corporalion.
Witnas inp hmid nnd ollicial seal herelo affiscd]Bt dny nnd�•car Grst nbocc wrillcn. - .
�� ��,a,�.
. . Noi•nizv euu�ic iN nNi_ r•ort•r r: rn•rc or•
� - . . �VASIIINGTON, RGSIUICIGA'I'�
. . � Ivl�•Commissimi;e�pires_��k16 .
, -0ipie;io Induskial Park r' ' 'r"' AEC Job N�: 9001 � '
' Weter Main-and SlarmDrain Eesemenls � -
� , � Legal Descriptions � -
! ` EXHIBIT"A'• �
� Thal porlion of Barcel`A'of Lo111ne Revislon Applicalion NatLA-0001-93, Rewrded under� �
� Recording N^9304261728.in King bounty,Washington,being a porlion of Ihe norfhwesl quarler of
Section 13,Township 21�Norlh,:Range 4 Easl,Willamefle Meridiaii, in I<ing'COUnIy, Washinglon and
. described as follows;
Beginning ai Ihe noriheasl corrter of Parcel"A"as-rewrde'd under Recording N°9304261720�in I(ing
, County,Washinglon beinga poinl on Ih'e easledy righl-of•way margin.of Western�Street and from Ihis
poinl on described as Poinf"A'; lfience�S Ot°J3'11"W, 36.01 feel more ot less Io lhe True�Poinl of
-Beginning of Ihis easement and from Ihis poinl on desaibed as Point'B';
. thence S 01°33'11"W, 25.00 feel;� ' - �
UienceN 88°26'49"W, 244.49.fee1; .
� Ahence 5 46°33'1 T'W,252B feel; � �
thence 5 O7°13'74"W,519.86 feet more or less lo Ihe norlhedy righl•oLway margin of Wesl Main � �
Slreet; _ - � �
. Ihence N 75°45'3A"W, 15.A0 feel.along said riglit-of-way margin; .
� lhence N 07°t�'14"E,69.35 feel more or Iess; � �
thence N 88°46'46"W,10.001ee1 more or less;
lhence�N Ot°73'14'E,Z0.00 feet more or less;
Ihence S 88°46'46'E,10:W�feel more or less; -
lhence N 01°13'14"E,274.00 feet more oriess; � � � � � �
� thenee N 88•46'46"W,�t0.00.feel more or less; -
Ihence N 01°13'14"E.20.00Yeet more or less; . �
. Ihence 5 8B°46'46"E; tO.OD feel more or less; � �
� Ihence N Ot°73"14"E, 197.00 feel more or less;
' Ihence N 88°26'49"W,A0.00 feet more oi less; � '
lhenee N 01°73'74"E; 93.37 leet more or less lo Ihe norlhwesl.corner of Parcel"A"; �
lhence S 86°t3'16"E,20.02 feel;. �
. Ihence S 07°13'14"�W;47-.59 feel more or Iess; .
Ilience S 88°26'49"�E,297.61 feel more or less retuming lo Poinl"B'.. -
Together wilh an addilional porlion of Pareel"A'described as follows;�Beginning a!Point"A"
previously referenced; lhence S Ot°33'1�T'W, 79.78 feel more or less.along weslerly right-of-way
� �margin af Westem Slreef lo Poinl.'C'and lhe.True�Poinbof Beginning of Ihis-po�lion ofParcel"'A";
lhenea'S 07°33'.77"W, 15.00 feet more or less along wesledyrighbof-waymargin of Weslem Slreel; �
Ihence N 88°26'49"W, 10.00 feetmore or less; . � �
Ihence N 01°33'11"E, 15.00 feel more or less;
. Ihence 5 88°26'49"E,10.00.fee1 more or les's relurning to Poinl"C". .
� � Also logelher wilh an addilional porlion�of Paicel"A'described as follows; Beginningal Poinl'A"
� previously referenced; llience 5A1°33'11"W,303.92 feel more or less aiong wesledy righl•oLway �
margin of Westem�Slreel lo Poinl`D'and lhe True Poinl olBeginniug of�lhis porlion�of Pareel'A';.
� thence S-07°33'77"W, 15.00 feel more or less;
�. Ihence N 98°26'49"W, 10.00 feel more or less;
lhence N Ot'33'11"E, 15.00 feel more or less;
� lhence S 88°26'A9"�E, t0.D0 feel more or.less relurning to Poinl'D": . � � .
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� _ L_ EXHIBIT C
'"" ''•'°° DIPIETRO — FAC00.37-92
° �.,°^'::�
' PAYBACK AGREEMENT — STORM FACIISTIES ocroeAt ieee
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EXHIBIT C
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'""''"' DIPIETRO — EAC0037-92 � ��:�.
PAYBACK AGREEMENT — WATER FACILITIES ocroam issa
_ __ �
Exhibit D
DiPietro Industrial Park (FAC0037�2)
Payback Agreement
water storm
Parcel Front Cost per Front Cast per Total
Number Footage FF Footage � FF Due
446340-0365 336 $ 43.873 336 $ 43.867 $29,480.64
446340-0361 94 $ 43.873 94 $ 43.867 $ 8,247.56
446340-0351 0 75 $ 43.867 $ 3,290.03
446340-0352 0 61 $ 43.867 $ 2,675.89
446340-0450 0 278 $ 43.867 $12,195.03
Total � 844 $55,888.14
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EXHIBIT B
PARCEL A AFTER LOT LINE ADJUSTMENT
LOTS 5THROUGH 9 WCLUSIVE, BLOCK "E" OF LUNMS GARDEN TRACTS
TO AUBURN, WASHINGTON ACCORDINGTO THE PLAT RECORDED IN
VOLUME 1D OF PLATS, PAGE 33, RECORDS OF KING COUNTY,
WASHINGTON;
EXCEPT THOSE PORTIONS OF LOTS 8 AND 9 CONVEYED TO THE STATE
OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NOS.
2Z26487 AND 6575826;
AND EXCEPT THE EAST 1 U FEET OF LOTS 5,6,TAND 8 CONVEYED TO THE
GITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO.
7301090388;
TOGETHER WITH THAT PORTION OF THE EAST 40.0 FEET OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13,TOWN$HIF21 NORTH, RANGE 4, EAST, W.M., LYING
SOUTHERLY OF THE NORTHERLY MARGIN, EXTENDED WESTERLY, OF
THE ABOVE DESCRIBED LOT 5, AND LYING NORTHERLY OF THE
NORTHERLY MARGIN OF WEST MAIN STREET.
TOGETHER WITH AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
� RECORD.
�
� (SAID PARCEL HAVING AN AREA OF 198,450 SQUARE FEET OR 4.55
� ACRES, MORE OR LESS)
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REF. H:\TYPING�DIPIETRO.DOC
� �Pay6acic Ag�eement for DiPietro Industrial Park -
�Developer's Extension FAC0037-92 � -
Page 8 of 7