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Home My WebLink About3193 RESOLUTION NO. 3 '19 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT TRANSFER OF UNIMPROVED LINEAR PARK LAND ALONG LAKELAND HILLS WAY IN THE LAKELAND SOUTH PUD, WHEREAS,. as part of the development of Lakeland South PUD agreements were entered into to provide unimproved park land commonly known as Linear Park along Lakeland Hills Way in the Lakeland PUD. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to accept real estate for unimproved park land commonly known as Linear Park along Lakeland Hills Way within the Lakeland South PUD. A copy of the Statutory Warranty Deed is attached hereto as Exhibit "A" and is incorporated herein by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3193 February 15, 2000 Page 3_ DATED and SIGNED this ,/), y of February, 2000. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Da~elle E. DaSkam, City Clerk APPROVED AS TO FORM: Michael J. F~eynolds, City Attorney Resolution No. 3193 February 18, 2000 Page 2 After recording return to: City of Auburn .. Department of parks and Recreation. C/ .C'/Z>, Or o ' · "" DOCUMENT TITLE: Statutory Warranty Deed REFERENCE NUMBER OR RELATED DOCUMENT: GRANTOR: Everlren Tucci Partners LLC GRANTEE: City of Aubura ABBREVIATED LEGAL DESCRH'TION: t4/~ ~ t ASSESSOR'S TAX/PARCEL NUMBER: #f -z,~ ~& STATUTORY WARRANTY DEED THE GRANTOR, EVERGREEN TUCCI PARTNERS LLC, a Washington limited liability company, for and in consideration of transfer of unimproved park, conveys and warrants to CITY OF AUBURN, a municipal corporation, the following described real estate, situated in the County of Pierce, State of Washington: SEE EXHIBIT "A' ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE FOR LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE FOR EXCEPTIONS TO TITLE DATED this/~ day of Febrnary, 2000. EVERGREEN TUCCI PARTNERS LLC By: Lakehod Communities LLC, Manager her es . pi~as Its: President STATE OF WASHINGTON ) ) as. County of Pierce ) On this __ day of February, 2000, before me, the undersigned, a Notary Pubtic in and for the State Of Washington, duly commissioned and sworn, personally appeared Charles B. Reppas, to me known to be the President of LAKELAND COMMUNITIES LLC, Manager of EVERGREEN TUCCI PARTNERS LLC, a Washington limited liability company, the company that executed the foregoing SWD - ETP/City ofAub. - 1 ~r~: 1025042 5-52000 Exci~e T~x CoLtsted: $0.00 Affidouit Processin9 Fee: BY: LIE Washington limited liability company, the company that executed the foregoing instrument, and acknowledged the 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 is authorized to execute the said instrument IN WITNESS WHEREOF, I have hereunto set my hand and affLxed my official seal, on the day and year tirst above written. ~y~pLi~C~e NOT State c~.~~ of Washington, residing at ~(.t/4wt~y ~P/a a,. ~ '~ ~ ~. Printed Name of Notary SWD - ETP/City of Aub. - 2 2000030B0031 February 17, 2000 EXH IT File #26803/2 LEGAL DESCRIPTION FOR LINEAR PARK ALONG LAKELAND HILLS WAY A STRIP OF LAND SITUATED IN THE EAST HALF OF SECTION 6, TOWNSHIP 20 NORTH, RANGE'5 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE NORTH 88°34'43'' WEST ALONG THE NORTH LINE OF SAID SECTION 1468.48 FEET; THENCE SOUTH 01°25'17" WEST 574.90 FEET TO THE INTERSECTION OF THE CENTERLINES OF EVERGREEN WAY, LAKELAND HILLS WAY, AND LAKELAND LOOP ROAD AS SHOWN ON THE PLAT OF LAKELAND, DIVISION III PHASE II, RECORDED UNDER AFN 9806225001; THENCE SOUTH 55000'00" WEST ALONG THE CENTERLINE OF LAKELAND LOOP ROAD 82.28 FEET; THENCE SOUTH 35°00'00'' EAST 34.00 FEET TO THE SOUTHERLY MARGIN OF SAID ROAD, BEING THE POINT OF BEGINNING; THENCE NORTH 55°00'00'' EAST 14.74 FEET TO THE BEGINNING OF A 35.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 93°12'44'' A DISTANCE OF 56.94 FEET TO THE BEGINNING OF A 698.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°00'52'', A DISTANCE OF 207.43 FEET; THENCE SOUTH 14046'24" EAST 677.93 FEET TO A POINT HEREINAFTER KNOWN AS POINT "A" AND THE BEGINNING OF A NON-TANGENT 34.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND TO WHICH POINT A RADIAL BEARS SOUTH 61053'39" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°09'17" A DISTANCE OF 23.58 FEET; THENCE NORTH 14°46'24 WEST 161.06 FEET; THENCE SOUTH 75°13'36'' WEST 15.00 FEET; THENCE NORTH 14046'24" WEST 90.00 FEET; THENCE NORTH 75°13'36" EAST 15.00 FEET; THENCE NORTH 14046'24" WEST 465.42 FEET TO A POINT ON A NON- TANGENT 828.97 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY AND TO WHICH POINT A RADIAL BEARS NORTH 73°18'03" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11050'57'' A DISTANCE OF 171.44 FEET TO THE BEGINNING OF A 35.00 200003030031 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 96o27'06'' A DISTANCE OF 58.92 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT THE AFORESAID POINT "A"; THENCE SOUTH 14°46'24'' EAST 73.08 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 14046'24'' EAST 535.88 FEET TO A POINT HEREINAFTER KNOWN AS POINT "B" AND A POINT ON A NON- TANGENT 34.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY AND TO. WHICH POINT A RADIAL BEARS SOUTH' 62o25'5i" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°19'28'', A DISTANCE OF 23.68 FEET; THENCE NORTH 14o46'24'' WEST 325.52 FEET; THENCE SOUTH 76046'29'' WEST 20.01 FEET; THENCE NORTH 14046'24'' : WEST 120.00 FEET; THENCE NORTH 75013'36'' EAST 20.00 FEET; THENCE NORTH 14046'24'' WEST 100.72 FEET; THENCE NORTH 75013'36'' EAST 20.50 FEET TO THE POINT OF BEGINNING. ALSO, TOGETHER WITH: COMMENCING AT AFORESAID POINT "B"; THENCE SOUTH 14o46'24'' EAST 73.31 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 14o46'24'' EAST 48.30 FEET TO THE BEGINNING OF A 4318.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01007'02" A DISTANCE OF 84.21 FEET; THENCE SOUTH 76o22'03" WEST 20.50 FEET TO A POINT ON A NON-TANGENT 4298.00 FOOT CURVE, CONCAVE SOUTHWESTERLY AND TO WHICH POINT A RADIAL BEARS NORTH 76°20'38'' EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°07'02'' A DISTANCE OF 83.81 FEET; THENCE NORTH 14o46'24'' WEST 48.30 FEET; THENCE NORTH 75013'36'' EAST 20.50 FEET TO THE POINT OF BEGINNING. 200003030031 CHICAGO TITLE INSURANCE COMPANY , EXI[IBIT INFORMATION CERTIFICATE SCHEDULE B (Continued) Certificate No.: 187718 Reference No.: LAKELAND L ~ NEAR PARK SPECIALEXCEPTIONS: A 1. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HENDERSON DEVELOPMENT, INC. AND: PIERCE COUNTY, WASHINGTON, BY AND THROUGH THE COUNTY DIRECTOR OF PLANNING AND LAND SERVICES RECORDED: OCTOBER 18, 1993 RECORDING NUMBER: 9310180702 REGARDING: RECORDED NOTICE OF SPECIAL REAL PROPERTY LIMITATION AGREEMENT, REGARDING THE APPROVAL OF LAKELAND HILLS PLANNED DEVELOPMENT DISTRICT C AFFECTS: HEREIN DESCRIBED PROPERTY, AND OTHER PROPERTY D AN AGREEMENT, RECORDED UNDER RECORDING NUMBER 9901060383 HAS RELEASED LOT C OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9806095007, ALSO BEING KNOWN AS FOXWOOD. [ 2. LAKELAND ANNEXATION AND UTILITIES AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CITY OF AUBURN, WASHINGTON, A MUNICIPAL CORPORATION AND: THE LAKELAND COMPANY, INC., A WASHINGTON CORPORATION RECORDED: AUGUST 12, 1996 RECORDING NUMBER: 9608120131 REGARDING: TO EXTEND SANITARY SI_~f/ER, WATER AND STORM WATER UTILITY SERVICE, AND POTENTIALLY OTHER CITY SERVICES OUTSIDE THE CORPORATE LIMITS OF THE CITY F AN AMENDMENT TO SAID AGREEMENT HAS BEEN RECORDED UNDER RECORDING NUMBER(S): 9805210624. G 3. LAKELAND RESIDENTIAL PLANNED DEVELOPMENT DISTRICT MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: COUNTY OF PIERCE, A POLITICAL SUBDIVISION AND: HENDERSON DEVELOPMENT, INC., A WASHINGTON CORPORATION RECORDED: MARCH 14, 1997 RECORDING NUMBER: 9703140464 CHICAGO TITLE INSURANCE COMPANY 200003030031 CHICAGO TITLE INSURANCE COMPANY INFORMATION CERTIFICATE SCHEDULE B (Continued) Certificate No.: 187718 Reference No.: LAKELAND L I NEAR PARK SPECIALEXCEPTIONS: REGARDING: THE MITIGATION OF TRAFFIC IMPACTS UPON THE PIERCE COUNTY TRANSPORTATION SYSTEM FROM THE LAKELAND RESIDENTIAL PLANNED DEVELOPMENT DISTRICT 4. MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE LAKELAND COMPANY AND: PIERCE COUNTY RECORDED: AUGUST 15, 1996 RECORDING NUMBER: 9608150505 REGARDING: STORI DRAINAGE PLAN AFFECTS: THE HEREIN DESCRIBED PROPERTY AND OTHER PROPERTY L 5. MEMORANDUM OF PERMIT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HENDERSON DEVELOPMENT, INC., A WASHINGTON CORPORATION AND: PUGET SOUND POWER & LIGHT COMPANY RECORDED: JANUARY 4, 1994 RECORDING NUMBER: 9401040038 REGARDING: THE USE OF CERTAIN PUGET POWER REAL PROPERTY FOR GRAVEL MINING, TEMPORARY HAUL ROAD AND RESTORATION OF THE PREMISES IN ACCORDANCE WITH THE LAKELAND HILLS FINAL SOUTH SURFACE MINING OPERATION PLAN, DATED JULY 14, 1993. AFFECTS: THE HEREIN DESCRIBED PROPERTY AND OTHER PROPERTY X 6. ORDINANCE NO. 5089, REGARDING ANNEXATION TO THE CITY OF AUBURN WAS RECORDED UNDER RECORDING NUMBER 9805210623. AN AMENDMENT TO SAID ORDINANCE WAS RECORDED UNDER RECORDING NUMBER 9807280163. Y 7. CITY OF AUBURN ORDINANCE NO. 5098, REGARDING ZONING OF THE LAKELAND PROPERTY, LOCATED IN PIERCE COUNTY, WAS RECORDED UNDER RECORDING NUMBER 9807280162. Z 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: LAKELAND COMPANY CHICAGO TITLE INSURANCE COMPANY 200003030031 CHICAGO TITLE INSURANCE COMPANY INFORMATION CERTIFICATE SCHEDULE B (Continued) Certificate No.: 187718 Reference No.: LAKELAND L I NEAR PARK SPECIAL EXCEPTIONS: AND: PIERCE COUNTY RECORDED: SEPTEMBER 18, 1998 RECORDING NUMBER: 9809180918 REGARDING: RIGHT OF ENTRY AA 9. AGREEMENT AND THE TEI:IIS AND CONDITIONS THEREOF: BETWEEN: LAKELAND COMPANY AND: PIERCE COUNTY RECORDED: OCTOBER 5, 1998 RECORDING NUMBER: 9810050346 REGARDING: RIGHT OF ENTRY 10. COMMERCIAL/INDUSTRIAL AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE LAKELAND COMPANY, A WASHINGTON CORPORATION AND: PIERCE COUNTY RECORDED: NOVEMBER 2, 1998 RECORDING NUMBER: 9811020389 REGARDING: THE MAINTENANCE OF A STORMWATER FACILITY AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN, IN REGARDS TO THE PROPOSED SCHOOL SITE. AC 11. MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: THE LAKELAND COMPANY AND: PIERCE COUNTY RECORDED: JULY 24, 1998 RECORDING NUMBER: 9807240474 REGARDING: THE DEVELOPMENT OF THE COMMUNTIY CENTER, AND THE RESTICTIONS SET FORTH THEREIN. 12. PREANNEXATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: PIERCE COUNTY AND: CITY OF SUMNER RECORDED: JULY 24, 1998 RECORDING NUMBER: 9807240509 REGARDING: REGIONAL STORM DRAINAGE INFRASTRUCTURE AND FACILITIES IN CONNECTION WITH NORTH LAKE TAPPS CORRIDOR. CHICAGO TITLE INSURANCE COMPANY 200003030031 CHICAGO TITLE INSURANCE COMPANY INFORMATION CERTIFICATE SCHEDULE B (Continued) Certificate No.: 187718 Reference No,: LAKELAND L I NEAR PARK SPECIAL EXCEPT/ONS: AE 13. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: LAKELAND COMPANY AND: PIERCE COUNTY RECORDED: AUGUST 3, 1998 RECORDING NUMBER: 9808030435 REGARDING: RIGHT OF ENTRY AND THE EXTENTION OF LAKELAND HILLS WAY SE. AF END OF SCHEDULE B ORDERED BY: EVERGREEN TUCCI PARTNERS DM/DM CHICAGO TITLE INSURANCE COMPANY 200003030091