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Home My WebLink About3264 RESOLUTION NO.3 2 6 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND MICHAEL R. MASTRO PROPERTIES TO PAY FOR FUTURE DAMAGE TO SEWER MAIN RESULTING FROM TREE ROOTS AND AGREEMENT TO PAY FOR REPLACEMENT OF TREES IN EASEMENT IF TREES ARE REMOVED FOR SEWER REPAIR. WHEREAS, Michael R. Mastro Properties owns certain property in Auburn Washington; and WHEREAS, the City of Auburn owns the beneficial interest in a sanitary sewer easement which encumbers a portion of the property, as provided in an Easement for Underground Utility System dated February 5, 1993, which was recorded under King County Recording No. 9303230262; and WHEREAS, the Easement does not prohibit planting trees within the Easement Area; and WHEREAS, the sewer main is located between 6.5 and 11.5 feet beneath the surface of the ground; and WHEREAS, Michael R. Mastro Properties is currently developing the property and is required by the Auburn City Code to install landscaping along the east property line, which is within the easement area; and -.------------------------- Resolution No. 3264 September 14,2000 Page 1 WHEREAS, the City is concerned that tree roots from Michael R. Mastro Properties' intended landscaping may damage the sewer main that is located within the Easement Area; and WHEREAS, Michael R. Mastro Properties will plant trees with small root balls within the easement area, so that the trees could be lifted in their entirety with a small backhoe and replaced once the sewer maintenance is complete; and WHEREAS, the City is concerned that at some point in the future, the City will have to remove all or a substantial number of the trees within the easement area in order to undertake extensive repairs to the sewer line; and WHEREAS, the present value of replacing all of the trees within the sewer easement is three thousand six hundred dollars ($3,600); and WHEREAS, the City does not wish to have to obtain payment for tree replacement in the future, but prefers to have payment now; and WHEREAS, both Michael R. Mastro Properties and the City wish to have a public document acknowledging the receipt of three thousand six hundred dollars ($3,600) for future tree replacement. ------------.-------------- Resolution No. 3264 September 14, 2000 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor of the City of Auburn is herewith authorized to execute an Agreement between the City and Michael R. Mastro Properties to Pay for Future Damage to Sewer Main Resulting from Tree Roots and Agreement to Pay for Replacement of Trees in Easement if Trees are Removed for Sewer Repair. A copy of said Agreement is attached hereto and denominated as Exhibit "1" and incorporated by reference in this Resolution. 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. 3264 September 14, 2000 Page 3 I"'Ì DATED and SIGNED this E day of October, 2000. c~ ~(~ð~ CHARLES A. BOOT MAYOR ATTEST: ~1:£1s~~~ City Clerk APPROVED AS TO FORM: ~.. 1\ I. i ',{ tllLl~~ . Michael J. Reynolds, City Attorney --------------------------- Resolution No, 3264 September 14,2000 Page 4 --r c'< ~ c:;¡ -~::'::'! C~J .....> ".~) ,:.) ......." , Recorded at Request of and After Recording Return to: City of Auburn 25 West Main Street Auburn, WA 98001-4998 1111111111111111 20001101001241 PACIFIC NW TIT AG 21.00 PAGE 11111 OF 11114 11/11/2111111111 15:11 KING COUNTY, WA _ _ _ ~- AGREEMENT TO PAY FOR FUTURE DAMAGE TO SEWER MAIN RESULTING FROM TREE ROOTS AND AGREEMENT TO PAY FOR REPLACEMENT OF TREES IN EASEMENT IF TREES ARE REMOVED FOR SEWER REPAIR IJ.//Z/ PYwí ¡Ú-7Z/8'-/Z- Grantor: Michael R. Mastro Properties Grantee: City of Auburn Abbrev. Legal Description: Ptns Lots 18-20, The Parker Homestead, Vol. 8, pg. 51; and NE in 31-21-05 Tax Parcel No.: 665500-0100-04 Said docu m>'JInt{:s) ~H'?ir:;. n¡'r~i -k;,r record by P6*~tf¡~ North~~T~<:';: l,!:~'" ~ 8CC0f'nm0dalion oo!y. t! r,i';;~ r¡.o.t ~~~1 .xamio&d ~i!- ro pn.:'P'&( 4ti\~1 l\i'<r . 10 .. Mmct lipO" ~. Reference No.: N/A This AGREEMENT TO PAY FOR FUTURE DAMAGE TO SEWER MAIN RESULTING FROM TREE ROOTS AND AGREEMENT TO PAY FOR REPLACEMENT OF TREES IN EASE~ENT IF TJ!!f ARE REMOVED FOR SEWER REPAIR ("Agreement"), dated as ofthisJ7day of G¡1 J.1..V ,2000, is made and entered into by and between MICHAEL R. MASTRO PROPERTIES, ("Grantor") and the CITY OF AUBURN, a Municipal corporation, (the "Grantee"). r¿~ ~ /;-1. ~ 0../ ./ V Y:\Vv'P\G&M'Al:BUR¡"'\SEW;R-~G;EEMENT .DOC RECITALS 1. WHEREAS, Grantor owns certain property in Auburn, Washington (the "Property") legally described in Exhibit A. 2. WHEREAS, Grantee owns the beneficial interest in a sanitary sewer easement which encurnbers a portion of the Property (the "Easement Area") all as provided in that certain Easement for Underground Utility System dated February 5, 1993, which was recorded under King County Recording No. 9303230262 (the "Easement"), a copy of which is attached as Exhibit B. ~ --r 0-1 3. WHEREAS, the Easement does not prohibit planting trees within the Easement Cj Area. C:J ~ c.::> 4. WHEREAS, the sewer main is located between 6.5 and 11.5 feet beneath the surface ofthe ground. ~- c=> -::::> -.:~:) " 5. WHEREAS, Grantor is currently developing the Property and is required by the Auburn City Code to install landscaping along the east property line, which is within the Easement Area. 6. WHEREAS, Grantee is concerned, that tree roots trom Grantor's intended landscaping may damage the sewer main that is located within the Easement Area. 7. WHEREAS, Grantor will plant trees with small root balls within the Easement Area, so that the trees could be lifted in their entirety with a small backhoe and replaced once the sewer maintenance is complete. However, Grantee is concemed that at some point in the future, Grantee will have to remove all or a substantial number of the trees within the Easement Area in order to undertake extensive repairs to the sewer line. 8. WHEREAS, the present value of replacing all of the trees within the sewer easement is Three Thousand Six Hundred dollars ($3,600). 9. WHEREAS, Grantee does not wish to have to obtain payment for tree replacement in the future, but prefers to have payment now. 10. WHEREAS, both Grantor and Grantee wish to have a public document acknowledging the receipt of Three Thousand Six Hundred dollars ($3,600) for future tree replacement. 2 Y.\\VP\G&M\AUBURN'.SEWER-AGREEMENTE,DOC ~ -::!" ç--J ...- ç:;¡ c~..-; ~- = ,",'-- ...- c.::J -r:.:) ,...~¡ AGREEMENT NOW THEREFORE, in consideration ofthe mutual covenants and agreements contained herein, the parties covenant and agree as follows: 1. Payment for Damage to Sewer Main 1.1 Grantee agrees not to object to Grantor's planting of trees, which contain small root balls, within the Easement Area. 1.2 Grantor agrees that should the tree roots ftom the trees that Grantor plants within the Easement Area damage the sewer main, Grantor shall pay the costs to repair the sewer mam. 1.3 If Grantee discovers damage to the sewer main resulting ftom the tree roots planted within the Easement Area, Grantee shall give Grantor notice ofthe damage and a 48-eight hour period to inspect and repair the damage. If Grantor fails to repair the damages within the 48-hour period following receipt of notice, Grantee may proceed to make the repairs. 'j 1.4 Once Grantee has completed the sewer main repairs, Grantee shall provide Grantor with an itemized invoice for the costs of repair. 1.5 Grantor shall have sixty (60) days ftom the date that Grantor receives the itemized invoice to remit payment to Grantee. 2. Payment for Replacement of Trees 2.1 Prior to the issuance of building permits and the execution ofthis Agreement, the Grantor made a non-refundable payment of Three Thousand Six Hundred Dollars ($3,600) to the Grantee's Finance Department to offset the costs of replacing the trees planted within the Easement Area if the Grantee, its agents, successor or assigns destroy the trees within the Easement Area while conducting repair, replacement or maintenance activities necessary to the sanitary sewer utility line within the Easement Area. 2.2 Grantor, it successors, agents, heirs and assigns are hereby relieved ftom any future obligation to replace the trees within the sewer easement if the trees are removed or destroyed by the City while maintaining or removing the sewer line within the easement area. This Agreement does not relieve Grantor, its successors, agents, heirs and assigns ftom any obligation to replace trees within the easement area, if the trees die due to other causes, as required by the "Tree Preservation Easement" required as a condition of the Final Mitigated Determination of Non-Significance SEP-0040-98. 3 Y:\WP\G&M\AuBURN\SEWER~AGREEMENTE.DOC ~- - ç" ~. (;'.::> ':~:) => C~::; . ';;.J ';:J ""-'4 3. Dispute Resolution If a dispute arises between the parties regarding the cost of the repair to the sewer main resulting from tree root damage, each party shall select its own contractor and the two contractors shall, in turn, select a third contractor, to jointly determine the reasonable cost of the repair to the sewer line. 4. General Provisions. 4.1 Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof. 4.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Washington. 4.3 Headings. The headings contained in this instrument are solely for the convenience of the parties and are not to be used in construing this Agreement. 4.4 Authority. The persons executing this Agreement on behalf of the parties hereby represent and warrant that they are authorized to enter into the Agreement on the terms and conditions herein stated. 4.5 Attorneys' Fees. In the event that suit is brought to enforce any provision of this Agreement, the prevailing party shall be entitled to its reasonable attomeys' fees, including fees incurred on appeal. 4.6 This Agreement shall be recorded in the real property records of King County. 5. Notice 5.1 Any notice required to be given by Grantee to Grantor pursuant to the provisions of this Agreement shall be sent to the legal owner of record for the Property as shown in the King County Recorder's Office. 6. Heirs and Assigns This Agreement shall run with the land and shall bind the Grantor and Grantee's successors, agents, heirs and assigns. 4 Y,\\"¡PIG&M\AUBURc\i\SEWER -AGREEMENTE.DOC 1N WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. MICHAEL R. MASTRO PROPERTIES - ~y ¿; /t?7; ''':-.L ) Jry: L/i:A% ts::Æ -r Title: ~- -~ {......,i c:;¡ C:;j ~. -'" :JtXHIBIT A: Legal Description for the Property ;~XHIBIT B: Copy of Easement -EXHIBIT C: Map of Easement Area co ~ r.:.:.:; CJ ~', j T- ~ c-:.;.} ,-: -.~.) ~ -''>Ì y, \WP\G& M\-\UBURN\SEWER-AGREEMENTE.DOC CITY OF AUBURN By: ~ ~!L01" Qj1o'i? Title: Mayor AfP~~ve,_d a~to ,f,orm: »lC,~jS--~;/'\ Michael J. Reynolds City Attorney 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certifY that I know or have satisfactory evidence that MICHAEL R, MASTRO signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it in (his/her) capacity as OWNER of MICHAEL R. MASTRO PROPERTIES to be the ftee and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this 23 day of AUGUST ,2000. ~ ," ,~t~gt.n.,.,,~# " "J J:">'. ",,' '~I'" "T. '.. ..... ._'-~. ",...ltt;h, ~, <II", . O;'Ç""'.."" 0),1 :##, 'A #' '" ""'5\ I' /'::1.-'" V .. "Q '<....."~. "1..0...'4>" ':. ..... ,. -0;. . :: fi"...c1ARr ~\ : . ~o ~ ø-- : :0 -?..... : : :. \ PUB\.\I:. j;?:: ~ .,,10.. ..... $,0: '" V':tr.'"... I"\v.... "- ... " ""-7 'I.., <M 17~"\,J....~ r.... .. .' ._.... ....!oJ.. .' J'r-. ~h¡"'Ii'II' ~ 'J..\~-" ~ ~ ~~x~ ," '" Or: Wp.:", ", ~;¡.. ' .~..,'" .. ,1 ~ 1 r ~"t, 1 ~ (Signature) --r C'-..J c::; ::-::) DONNA J. REID C':) ><;..-- ~ (Print Name) Notary Public, in an for the State of WASHINGTON , residing at AUBURN My Commission Expires 02/17/02 r'~'~ ...._" STATE OF tulf COUNTY OF kfAJ b- ) ) ss. ) I certifY that I know or have satisfactory evidence that ¿itl r Ie s II, &ðYì1 signed this instrument, on oath stated that (he/c) was authorized to execute the instrument and acknowledged it in (his!iIEirJ capacity as It /II ð ¿ of CITY OF AUBURN to be the ftee and voluntary act of such party for the usês and purposes mentioned in the instrument. Dated this .3 ¿ day of O,'thiJ-f?/Ý ,2000. ---.....""" ff'\ ~ I 9 f\ , I ;-~ ~,~.~I("1);\I, /!)tZt~'!Jé I::Jf1~dJ1/L/ ;-0 "'\.Ì EXP¡';;'" I, (S' ) f' '-J ..·..0 0{ «'<1"'. , 19nature ~ -.J :0' ~'0 '. ~ ·b ¿ ~ tU : - 0" /' : Z I ~ ,. 1/ . ~z: ,;-<'...... ~0 ~:2: VtH1/f. (e E cd. 1-1 JM. /&"'0 ~{O ,0~ . /, Q'-.o \'~ ,O·...if~ (PnntName) '\ ,.......1.~:.'!:~,p~ Notary Public, in and for the State 111\ STATE cfr ___: of W II- , residing at E'n ll#U'åu.J \""'''-- My Commission Expires /0- 2 ,5" -0 .3 6 Y:\WP\G&M'AL"BUM~,SEWER-AGREE.\.fENTE.DOC EXHIBIT A Lee:al Description That portion of Lots 18 through 20, inclusive, The Parker Homestead, according to the plat thereof recorded in Volume 8 of Plats, page 51, in King County, Washington, being a portion of the east half of the northwest quarter of Section 31, Township 21 North, Range 5 East, W.M., in King County, Washington, and Lot 2, City of Auburn Short Plat Number SPLOOOl-94, recorded under Recording Number 9405170575, said Short Plat being a subdivision ofthe southwest ~- quarter of the northeast quarter of said Section 31, in King County, Washington, described as -3- ç.., follows: "'~~. ,'2":"::> Commencing at a brass-surface monument marking the northwest corner of said section, from which point the concrete monument with tack-in-lead marking the northeast corner thereof bears south 88°51 '27" east; thence south 88°51 '27" east a distance of 2518.52 feet to a 2-inch brass disk set in concrete (3/28/88) marking the theoretical quarter corner between Sections 30 and 31, which point is also the northeast corner of the northwest quarter of said Section from which point a 1-inch iron bar marking the southeast corner of the plat of The Parker Homestead and the southeast corner of said northwest quarter bears south 00°55'20" west; thence along said line south 00°55'20" west a distance of2597.24 feet to the north margin ofa vacated plat road, said point lying north 00°55'20" east a distance of 30.00 feet from said 1-inch iron bar; thence north 89°01'20" west along the north line of the south 30 feet of said northwest quarter a distance of 579.47 feet to the southeast comer of Lot 18, the Plat of The Parker Homestead and the TRUE POINT OF BEGINNING; thence north 01 °46'34" east between Lots 18 and 19 a distance of 897.98 feet; thence north 88°13'26" west a distance of89.65 feet to the east line of Oravetz Road; thence along said east line of Oravetz Road along a curve to the left having a radius of 1462.69 feet, the center of which lies north 60°19'08" west through a central angle of 03°51'13" an arc distance of98.38 feet; thence north 25°49'39" east a distance of 17.07 feet to the south line of Mill Pond Drive; thence along said south margin of Mill Pond Drive along a non-tangent curve to the right having a radius of25.00 feet, and a central angle of 85°05'48", the center of which lies south 63°39'16" east, an arc distance of37.13 feet to a point of compound curvature; thence along a curve to the right having a radius of 254.12 feet and a central angle of 22°00'30", an arc distance of 97.61 feet to a point of reverse curvature; thence on a curve to the left with a radius of230.00 feet and a central angle of 51 °14'30" an arc distance of205.70 feet to a point of tangency; thence south 72°57'05" east (plat south 74°44'36" east) a distance of269.94 feet to a point of curvature; thence along a curve to the right having a radius of2220 feet and a central angle of 04°54'26" an arc distance of 190.14 feet to a point of tangency; <:::> t:;:J (,~.l' 0,' 7 Y:\WP\G&M'AUBURN\sEWER-AGREEMENTE,DOC · . thence south 68°02'39" east (plat south 69°50'10" east) a distance of 48.32 feet to a point of curvature; thence along a curve to the right having a radius of25.00 feet and a central angle of115°01 '39" an arc distance of 50.19 feet to a point of compound curvature; thence along a curve to the right having a radius of 155.00 feet and a central angle of 14°58'22" an arc distance of 40.51 feet to a point oftangency; thence south 61 °57'21" west a distance of161.30 feet to a point of curvature; thence along a curve to the left having a radius of 1025.00 feet and a central angle of 16°23'30" an arc distance of293.24 feet to a point of tangency; thence south 45°33'51" west a distance of269.91 feet to a point of curvature; thence along a curve to the left having a radius of665.00 feet and a central angle of 03°46'41" an arc distance of 43.85 feet to a point of tangency; thence south 41°47'10" west a distance of119.65 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion thereof, if any, conveyed to the City of Auburn for Oravetz Road 1985 Realignment by deed recorded under Recording Number 9408031239. ~-- -,j- C'" ~ c> C? ~- C~ r- ;,,:;.) ',' 8 Y:\WP\G&.\1\AUBURN\SEWER-AGREEMENTEDOC ~ -.oj- C"J, C'J C:;) = ~ c;¡ c:-) ") '-......! ¡\ 1\ \ ;' I I I \ \ I \ I \ \ \ \ \ \ \ '.\ \ \ -\ '\ Y: \'YlP\G&lv!\AUBURN\SEWER-AGREEMENTE.OOC EXHIBIT B COP V of Easement -\ i ! , í I I I I i I I I " \ \ \ , , \, /\ / \ / 1 \ '\ " :1\ 'I 9 J ¡ , I ~ -- c--" ~ co c,:'.) = r.:;::'_j r:-::) (~:,'';) ........ ^,W 31- 1-N-¿- ORIGINAL When Recorded, Return To: CITY OF AUBURN 25 West Mam St. Auburn. WA 98001-4998 CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn. WA 98001 _~=====__~===~=.__._=___=================================_==============:Æ===_.= BASBIIIDI"J:' FOR O'IJDBRGROOHD O"TILIT1' SYSTBK por and in consideration of the sum of ten dollar. ($10.00) and other good and valuable' consideration, receipt of which i. her.by acknowledged, and pursuant to an order of the Ban~~~cy Court for the Western District of washington at seattle, entered on the ...- d4Y of hb,......, , 199.1, the ESTATE OF P. HENDLEY' ASSOCIATES, :INC. (hereinafter "Grantor"), h~eby grants, conveys and quitclaims to the CITY OF AUBURN, a washington Municipal corporation ("Grantee"), for the purposes hereinafter set forth, a perpetual and non-exclusive easement for utilities across, over, through and below the real property located in King County, Washington and legally described in Exhibit A attached hereto and ~\: incorporated herein (hereinafter the "propertyN), provided, however, that this :8 easement shall not include any real property presently owned by others. ::::> ,~) ,~-J M o M ')'0 1. Grantee shall have the right to insta.ll, construct,. operate, maintain, repair, replace and enlarge underground storm sewer utilities upon and under the aforesaid Property, together with all necessary or convenient appurtenances thereto, which may include, but are not limited to the following: vaults, manholes, pipes and conduit. Grantee may from time to time construct such additional facilities within the easement as it may require to provide storm sewer services. 2. Upon reasonable notice by Grantee to Grantor, except in the case of an emergency, when such notice shall not be required, Grantee shall have the right of access to the property at all times to enable Grantee to exercise its rights hereunder, provided that Grantee shall compensate Grantor _for any damage to the Property caused by the exercise of said right of access. Grantee from time to time may remove bushes, trees or other obstructions on the property and grade the Property to the extent reasonably necessary to carry out the purposes Bet forth above, orovided, however, that following any such work, Grantee shall, to the extent reasonably practical, restore the property to the condition it was immediately in prior to such work. Grantor may undertake any ordinary improvements to the landscaping of the Property, crovided, however, tnat no improvements, trees or other plants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. Grantee shall at all times exercise good faith efforts to limit: its access to the property; damages to the property and any interference with Grantor'S use and enjoyment of the property. 3. Grantor reserves the right to use the property for any purposes not inconsistent with the rights herein granted, orovided, however, that Grantor shall not construct or maintain any building or other structure on the property that would interfere with the exercise of the rights herein granted, and that no blasting, digging, tunneling or other form of construction shall be allowed on or adjacent to the Property that would disturb the compaction or unearth Grantee's facilities or otherwise endanger the lateral support for said facilities. 4. Grantee agrees to defend, indemnify, and hold Grantor harmless from any and all claima for damages suffered by any person ariaing out of or in connection with Grantee's exercise of the rights herein granted, Drovided, however, that Grantee shall not be responsible for any damages arising out of injuries to any peraon caused by the sole negligence of Grantor. J17&~\1\OOl'7.AGM/l.5.'J Seattle FAC0008-90 ~' ~ i ~ a g " ~ ¡¡ i :I 11\ i § ¡:: ~ g 0J - -.JJ '-'" ('J <C'I 0 ~ r;'"") ....~ :\J M ,--:J 0 M ':J.... <:;:" .'- ~ Ç.~::.;) 't;:::J ::,.;) (,".,,1 5. This easement shall be 4 oovenant running with the land and the 'rights' and obligations of the parties shall inure to the benefit of and be binding upon the heirs, successors, and a.signs of the parties. 6. Grantee shall ff this L day the costs of -;:?¿",t"I('¡/A-<.. (j recording this document. , 1993. pay of DATED GRANTOR: ESTATB OF P. HENDLEY , ASSOCIATES INC., BY PERRY A. STACJtS, JR., 'rRUSTEE~IN UPTCY By ~ Its ~ GRANTEE: CITY OF AUBURN , BY~~~'#dW~ STATE OF WASHINGTON ... COUN'l'Y OF KING On this ~ day of ¡...:. J... ." , 1993 before me, a Notary Public in and for the State of Washington, perlonally appeared PERRY A. STACKS, JR., Trustee in Bankruptcy for the Estate of P. Bendley , Associates, -Inc., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it a8 the Trustee in Bankruptcy for the Estate of P. Hendley' Associates, Inc., to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have and year first above written. hereunto set my hand and official s~' tJ..~da~ ...... x-~';.:~ý-9.o .... \ . fJ ",'5- '- ~ ..~:.L t /": \ . NOTARY PUBLIC n and for: t sta4N of; Washington, residing at (' ¡. ,_ PUIUC I My appointment expires <:-......,..,. ~ "'''¡.. ~ .. "'A~~!.~ ~7 \.~. ....(; ".7,£ ........ ~.... . '.,.., OF 'IIA>~\~ . "~:..,.. STATE OF WASHINGTON ... COUNTY OF KING On thiS:l:l!di.. day of...:..-:JLJ}:l...Ki GCL_.. , 19!)'~, before me, J1 Not;ary public--i-n and for the State of washington, personilIly a.ppear~'-" /'I"'f f.¡.,;-).. /.' :¡ ~. ~~ personally known to me (or proved to me on the ba&is of sat~8factory ev~dence) to be the person who executed this instrument, on oath stated that L..!--. was ~u~horized : to execute the instrument, and acknowledged it as the , - :""'r . j)í~ ',1 ( T,)fL. of CITY OF AUBURN to be the free and voluntary act and deed of Ba~d corporat~on for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto Bet my hand and official seal the day and year first above written. ~- l1H5\1 \00197 .AGJt/l. 5. 'J S..ttl. ,~ , ¡ nA--..¡ ~j Ie ~:'-- ~OTARY PUBLIC in and f~:r:: the S~~"Ii'ii Washington, residing at ~ ,II, tI "~-{ IL.~A. A. 11",,- My appointment expires .~ I ' , r I ~?:~.~~~<~,~..", ! .... ~.:.. '" . : ~,,-rtþ./ff.... . : :....' :: 2 : : -'-c 10: : : ~ plJ'ðL\~:~:: ;. ...;c::-. ....../). ...... d'.. ·.;:U~n .~... . -'" '-"l¡; ";'" . ", 0,. \,u..j It"1rI:"'~'~ .. LAKELAND HILLS LEGAL,DESCRIPTION: PUBLIC UTILITY EASEKENT' TRIAD JOB , 91-122-21 APRIL 7, 1992 That" portion of Lots 18 an4-19. The Parker Homeste~d. according to the.plat recorded in Valulle 8 of Pl!!ts, Page, !iI. recorc1sÇlf king County, WashingtoD and as shown on Record of Survey recorded in Book 61 of Surveys at Page 291C,' recorda of sald county, lyi~g within the ,following four described tracts of land: ~ TRACT 1 ~t 30.00 feet in width of said Lot 19; EXCEPT that portion lying southerly of the nortbwesterly margin of 47tb Street BE as shown on the plat of 'Lahlaild Rills Division 4B. according to the plat reçorded in Volulle 150 of PlIt., Pages 10 and 11, ·records of King County, ïlasJ1ington; . EXCEPT that portion lying northerly ot the following two described lines: !ill!Lll Beginning at the intersection of the west line of said tot 19 and the .outherly margin of ':iMill Pond Drive as, shown on the plat of'loake1and Hilla -Division No.2, according to the j plat recorded in Volume 126 of Plats, Pages 3¡tbrough S, ;ecords ot King County, ~ Washington; thence 801°46134"11 along said west line-118.82 feet; thence 888013'26"£ 20.49 J feet to a point hereinafter referred to as "Point A" and the TRUE POINT OF BEGINNING of 5 this-line; thence NS2°Jj'J2"E 46.41 ,feet 'to the southerly margin of said Hill Pond Drive ) and the terrainus of this line. . ,LINE 12 . Beginning at the aforementioned "Point A"¡ then,ce Nl00U'l1."W 121.64 teet to the so~ther1y margin of said Hill Pond Drive and, the terminus of this line. --r c'< ~ TRACT 2 That portion of said Lot 19 lying within a strip at land 20.00 feet in width beinq 10.00 feet on each side of tbe following described line: Beginninq, at the intersection of the west line of said Lot 19 and ·the southerly margin of "ill Pond Drive as sbown on the plat, ot L'.kelancl HUb -Division No.2, according to .the plat recorded in Volume 126 ot Plats, Pages J through 5. records.of King County, Washington: thence SOl046'3,4"V dODg uicl west Une 118.82 teet¡ thence S88013'26"E 20.49 feet· to the TRUE POINT OF BEGINNING ot 'tbis line¡ thence N52033'32"E 46.41 feet 'to the soutberly margin of sald Mill Pond Drive and the t8r~inus of tbis line. Th~ side lines of said 20.00 foot strip of land to be extended or sbortened to ter~inate at tbe southerly margin of said Kill Pond Drive. c;:,.-,.¡ c:::> = T- ~ = t:,:) J '...--... TRACT 3 That portion of'said Lots 18 and-19 lying within a strip of land 20.00 feet in wid~h'being 10.00 feet on each side ~f the fallowing described line: Beginning at the intersection of the vest line of said Lot 19 and tbe southerly margin of Mill Pond Drive as shown on the plat of Lakeland Hills ~Division No. 2~ according to the plat recorded in Volume 126 of Plats, Pages. 3 through 5, recorda of King County, YashingtoD; thence SOl°46'34"v dong said west line..1U...a2..feet; thence 'S88013'26"E~ feet to the .TRUE POINT OF BEGINNING of this line; ,thence IflOoll'l1"W 127.64 feet to the southerly margin of said Mill' Pond Drive and the terminus'of tbis.line. The sid~ lines of ~aid 20.00 foot str~p of land to be extended or sbortened to terminate at the so~tb~rly margin of said Hill Pond Drive~ TRACT 4 ~th 80.00 fnt ot the north 593.50 teet of 'the east 40~OO feet of the west 70.00 feet of :laid Lot 19. WRITTEN BY: BTF CHECKED BY: WVS !OXP'!!U3'JC!"jJ EXHIBIT Ii q /'/.z. ~ --r 'C'o C;) = = ~ ~ C;::) C"'::' DUPLICATE RECEIPT DUPLICATE RECEIPT ---------------------------------------- ---------------------------------------- CITY OF AUBURN CITY TREASURER REG-RECEIPT:03-002B771 C:SEP 11 2000 CASHIER ID:B 4:49 pm A:SEP 11 2000 ---------------------------------------- ---------------------------------------- 4000 GL ACCOUNTS MICHAEL MASTRO PROPERTIES/ $3,600.00 ----------------- TOTAL DUE $3,600,00 $3,600,00 CHECK: ----------------- TOTAL TENDERED $3,600,00 ----------------- CHANGE DUE $0.00 ---------------------------------------- ---------------------------------------- DUPLICATE RECEIPT DUPLICATE RECEIPT · , --">- c" .- ç;,;,:¡ cO> c:> c:.:, ~:._~J ;'-.... ~ -\ ~ N~ \.;~ G' ~\ ~ ~~--Cj ~~ <0:J \-- '" ¡;; ~ o :;: ~ ~ c ¡= o r- :::¡ 'U -< 0 o z " c > c I c ;I z <f> '" en o o o o c CJ I :;¡: '" < ;; c iñ' cr c ~ '" CO 3 co " - ;¡: Õ ::t Þ m r- " ;¡: þ ~ ~ " o -a " o -a m " ::! m en 2 I ;¡: m ~ Þ C') C') o c: z .... \ ¡ 1 o 0> ¡;;; ... - N o o o ¡ <f> '" en ~ 0 ~ ~ 0 N 0 en ~ 0 DO \) ¡ G) \ (XI