Loading...
HomeMy WebLinkAbout3799 RESOLUTION NO.3 7 9 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND KENDALL RIDGE LLC FOR ROBERT AND JANET JONAK, RAY AND HELEN HARDIN, NOBEL FIR ENTERPRISES, AND ARTHUR TORGERSON FOR DEVELOPMENT OF WATER AND SEWER SERVICES FOR PROPERTY DESCRIBED AS GENERALLY EAST OF 132ND AVENUE SE, WEST OF STATE ROUTE 18, AND SOUTH OF SE 304 TH STREET WHEREAS, pursuant to RCW 36.70B.170 through .210, cities are authorized to enter into agreements for development projects whereby the development standards, including impact fees, SEPA requirements and mitigation, design standards, phasing issues, review procedures, vesting issues, and any other appropriate development requirements, are defined; and, WHEREAS, Kendall Ridge LLC for Robert and Janet Jonak, Ray and Helen Hardin, Nobel Fir Enterprises, and Arthur Torgerson has a project for the development of water and sewer services for property described as Generally East of 132nd Avenue SE, West of State Route 18 And South of SE 304th Street, that would benefit from such a development agreement, so that the development requirements can be planned with certainty, not only as to the -------------------------------------- ResDlution No. 3799 December 15, 2004 Page 1 more immediate portions of the project, but also as to later planned phases, and as to the types of improvements that will be built; and, WHEREAS, state law requires that such projects be consistent with current local regulatory requirements, and the Development Agreement would be able to assure such consistency, while at the same time fixing requirements for future planned phases; and, WHEREAS, pursuant to RCW 36.70B.200, a public hearing before the Auburn City Council Planning and Community Development was held on the 13th day of December, 2004, on the proposed development agreement, at which public hearing those persons whishing to speak to the issues were afforded an opportunity to do so; and, WHEREAS, it is in the public interest and best interests of the City to enter into such a Development Agreement with Kendall Ridge LLC for Robert and Janet Jonak, Ray and Helen Hardin, Nobel Fir Enterprises, and Arthur Torgerson has a project for the development of water and sewer services for property described as Generally East of 132nd Avenue SE, West of State Route 18 And South of SE 304th Street. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn -------------------------------------- Resolution No. 3799 December 15, 2004 Page 2 and Kendall Ridge LLC for Robert and Janet Jonak, Ray and Helen Hardin, Nobel Fir Enterprises, and Arthur Torgerson has a project for the development of water and sewer services for property described as Generally East of 132nd Avenue SE, West of State Route 18 And South of SE 304th Street to be located within the City of Auburn, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby further authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including recording the development agreement with the real property records of King County, Washington, pursuant to RCW 36.70B.190. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. \I.\'- DATED and SIGNED this ¿v day of December, 2004. --" PETER B. LEWIS MAYOR -------------------------------------- Resolution No. 3799 December 15, 2004 Page 3 ATTEST: iJaM~' 'Danielle E. Daskam, City Clerk aniel B. Heid, City Attorney -------------------------------------- Resolution No. 3799 December 15. 2004 Page 4 J~JJ1'!JUU'JIII KENDA~~ RIDGE AG 35 00 PAGE001 OF 016 . 12/27/200411:33 KING COUNTY. WA DEVELOPMENT AGREEMENT (DECLARATION OF COVENANT) Return Address Citv of Auburn Planninq Dept. 25 West Main street Auburn. WA 98001 WSC 03-0024 Parcel Number(s) 102105-90061 102105-90741 102105-90221 102105 -9032 !l 021 05- 9044 1 102105-9063 Additionalleqal on paqe 15 The Agreement executed herein between the City of Auburn, Washington. a municipal corporation. hereinafter ref~rreq to. as "CITY" and ~\K ~~eLw... Robert and Janet Jonak, Ray and Helen Hardin,· Fir n r 3nses, and Arthur Torgerson 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 declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: RES 3799 WSC03-0024 12/22/04 Page 1 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 Preliminary Plat approval from King County for the PROPERTY. 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 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 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. 1.7. 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. 1.8. 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 RES 3799 WSC03-0024 12/22/04 Page 2 sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.9. 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: Generally east of 132nd Avenue SE, west of State Route 18, and south of SE 304th Street. 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. COVENANT The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby covenant as follows: 3.1 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 RES 3799 WSC03-0024 12/22/04 Page 3 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. An easement shall be required south öf Road E (possibly on Tract M) for the future looping of the system. 4.2. Lots east of Road D may require individual PRY's to control high boosted pressure. 4.3. In addition to the standard distribution system improvements required for the development. a contribution for the fair share costs for improvements to the Lea Hilllntertie Booster Pump Station (BPS) will be required. The BPS requirements include, but are not limited to. the replacement of the skid mounted pumping system that serves the area being developed under this application. 4.4. No public pump station will be required or permitted. Limit those homes that will require private grinder pumps for service. 4.5. The public sewer system and service shall be extended to the northern properties along Tract P and public roadway noted as Road B on submitted plans. 4.6. Storm drainage facilities shall be designed to City of Auburn Design and Construction Standards. Direct maintenance access shall be provided to all catch basins, manholes as well as all storm pond inlet and outlet structures. Access to the storm pond shall be provided directly from an approved right-of- way meeting maintenance equipment slope and turning radius requirements, but not from SR 18 as is apparently proposed. 4.7. Separate access to each individual pond cell is required. RES 3799 WSC03-0024 12/22/04 Page 4 4.8. A landscaping plan for the storm drainage facilities is required for review and approval by the City of Auburn to meet aesthetic requirements. 4.9. To match existing and proposed street designs in the immediate vicinity, 132nd Avenue SE shall be constructed to county standards for a minor arterial - that requires 42 feet to centerline of right of way. 4.10. All internal roads and tracts shall be designed to City of Auburn standards. 4.11. No direct residential access will be permitted to 132nd Ave SE. Driveways of Lots 62. 107, 77 and 78 shall be located at the eastern border of each lot. 4.12. A legally established sight distance easement triangle shall be established on Tract C. The easement triangle shall be maintained with suitable surfacing material (crushed gravel underlain by layers of vegetation-blocking fabric. for example) to minimize the potential for growth. Overhanging tree limbs/branches within the easement triangle shall be trimmed. 4.13. Access for the parcels east of Kendall Ridge should be encouraged for safety purposes by design to occur via Tract N to Road 8 and Road A. All access tracts shall be designed to City standards for width and improvement. 4.15. Fire hydrants must be installed per ACC 13.16.060. 4.16. All tracts shall be posted as a "Fire Lane" per ACC 10.30.175. The turnaround between Tract 0 and N shall be posted as a fire lane also. 4.17. The calculation and amount of any impact fees, including those for roads and parks. paid to King County shall be reported to the City. 4.18. Street lights shall be provided to City of Auburn standards. 4.19. All other applicable City development standards shall be complied with. RES 3799 WSC03-0024 12/22/04 Page 5 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 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 RES 3799 WSC03-0024 12/22/04 Page 6 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. 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. RES 3799 WSC03-0024 12/22/04 Page 7 IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this j<.l 'D t Agreement as of this 22. day of \ ~c <:òlh :ev,2004. RES 3799 WSC03-00240 12/22/04 Page 8 ATTEST: ~~~~~ Cathy Ri rdson Deputy City Clerk STATE OF WASHINGTON ) ) ss COUNTY OF King ÇJ,) ~ On this 2-¿~ day of '..b-'~--<--"-+n~"-....-- . 2004. before me. the undersigned. a Notary Public in and for the State of Washington. duly commissioned and sworn. personally appeared PETER B. LEWIS and CATHY RICHARDSON, 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. .......","",,\ -- K '" _" ~,\'é. .C ~ ". -- ".\' ........ /. II -.),r·· " v/ I .:- E'''<' "'SSION ~-t'" ,.... " .:-... ,..t ,,>-,,\~ I i &!ð _,aTARy~"" ':Ø ~ ~ en:o ,-- (/) ~ '- ~ . ....~c6 ; ~ f 0 . " 0;. . PuaU : ~ : ~ ,n ". .: 0 ~ I v)... . ;.;; * " - .... 3.29.01.... ø .: " ,~'" '. .' -" - ,'(- ....... y..''<'"-- "" OF W~S _-- '\\\\"", "........... ~~Ácd5¡:{3?J!f24 NAME S-k¡OhaÞ1lé /é.. C fi..t /{bY 1 NOTARY PUBLIC in and for the State of Washington. residing at k,~¿"_ MY COMMISSION EXPIRES: ¿)3;¡..1 -o.~ OWNERS: Kendall Ridge LLC ~;# '/' . S~2-\-\é'm\\~ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) f),') /Î ¡ , On this ,x .c' day of ,1Lc; J','[,,'1!1fi,..i , 2004. before me. the undersigned, a Notary Public in and for the State of Washington. duly commissioned and sworn. personally appeared the representative for Kendall Ridge LLC 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. '-, ,r/q ~ :::U '; Ý '-4 ( '-/~/UL/~ cX..Æ.n-t /J '-~' < 7'" "'" ---;¡ C.\.! ._..<:1 n C\ '- S:r.., (' r\ e<::,. (Printed Name) SUZANNE BARNES STATE OF WASHINGTON NOTARY ...- PUBLIC III COIlIlISSIOK EXPIRES 2-16-06 NOTARY PUBtlC in and for the State of Washington. residing at C{)·e:v..tZ MY COMMISSION EXPIRES: ,9 bCfc RES 3799 WSC03-0024 12/22/04 Page 10 OWNERS: Robert o'nd Janet Jonak ~oJß;J-Q>~ (Robert Jonak) ~ A ðtJ~k Ja et Jonak) , STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this .Q9 day of d)C¡'Ut'1,/bJ¡ M ,2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert and Janet Jonak the OWNERS 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. ::UZ,.~.,~~NE- BAF\NES , SiAn: OF VI ASHiNGTON I NOTARY-··-- PUBLIC I \'Y cO~!.¡;SSION EXPIRES HG-OG ! (-.:'Y:jé"L,/VtL! I~' /l-ly2) , 0, J7 iìnn2 ¿clcne<.., (Printed Name) ,----- NOTARY PUBLIC in and for the State of Washington, residing at ç; .V' A J 17L MY COMMISSION EXPIRES: g. \~_ C~ RES 3799 WSC03-0024 12/22/04 Page 11 r OWNERS: Ray and Helen Hardin ~~~ (Ray ardfn> / //. / . . / ¿' '-.-.,/ .... ." ~ - / '/. ~ d -",::> --' , µ£-vA lh~G.e/ -"~~ (Helen Hardin> STATE OF WASHINGTON ) ) ss ) ("'"\",-'"') f: On this ,-,/.,( day of /Jp I"w'Vi..I;p/l. ) . 2004, before me. the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ray and Helen Hardin the OWNERS 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. COUNTY OF KING -2 l' \" L--')<~ plf.'ß /l,~(/Ju/2-J ,-, <" .. (ì ," e'á mJ / ~ -ì j 7<....{(1 <:<. ,\:A L) (Printed Name) ! SUZANNE BARNES STATE OF WASHINGTON I NOTARY --0-- PUBLIC Il'Y CCII.M;SSIDN EXPIRCS 2-16-CG I , , '.-__._.____.___~________.__1 NOTARY PU8l,..IC in and for the State of Washington, residing at Ý ue/'ciL--t;t; MY COMMISSION EXPIRES: 9·1 hCX.-- RES 3799 WSC03-0024 12/22/04 Page 12 OWNERS: Arthur Torgerson [: /0 ;1)¡¿A Îr;:?~.c:/' (Arthur Torgerson) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ,:Jc':.z day of rflLzLt'1l2cA ) , 2004. before me, the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn. personally Arthur Torgerson, the OWNER 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. i I SUZANNE BARNES I STATE OF WASHINGTON ! I NOTARY --0-- PUBLIC in COMMiSSion [XPIHCS 2-16-06 ! -< ~~ ~'-Lct¡'() Iv~jl12./J7--t.fl-J ----/..,....-ù'""7c (ì/\Û~ ~(Y~ \. . .. --t , \_-"....., \ -, (Printed Name) '- N~T ~RY PUßLI;in and for the State of Washington, residing at t,~ j1.¿J:;t MY COMMISSION EXPIRES: 9\~Db RES 3799 WSC03-0024 12/22/04 Page 13 ATTACHMENT A Legal Description TAX PARCELS 102105-9063 AND 102105-9022 THE SOUTH QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2680901; AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10 DESCRIBED AS FOLLOWS: . BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH, ALONG THE EAST LINE THEREOF, A DISTANCE OF 719.15 FEET; THENCE EAST A DISTANCE OF 540.8 FEET; THENCE SOU:FH A DISTANCE OF 185.7 FEET; THENCE EAST A DISTANCE OF 529.9 FEET; THENCE NORTH A DISTANCE OF 34.9 FEET; THENCE NORTH 30"50'00" EAST, ALONG THE SOUTHEASTERLY LINE OF A TRACT CONVEYED TO THE NORTHERN PACIFIC RAILWAY COMPANY BY HENRY S. SINKAN AND HIS WIFE LOUISE SINKAN, RECORDED UNDER RECORDING NUMBER 784021, TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH ALONG SAID EASTL LINE TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE SOUTH LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION OF SAID PREMISES AS A WHOLE LYING NORTHERLY OF THE SOUTH LINE OF THE FOLLOWING DESCRIBED PROPERTY, CONVEYED TO HOWARD R. LARSON AND SHIRLEY LARSON, HUSBAND AND WIFE, BY QUIT CLAIM DEED RECORDED UNDER RECORDING NUMBER 4910348: THE NORTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; AND BEGINNING AT A POINT 313.98 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH A DISTANCE OF 403.17 FEET; THENCE EAST A DISTANCE OF 540.8 FEET; THENCE SOUTH A DISTANCE OF 185.7 FEET; THENCE EAST A DISTANCE OF 529.9 FEET; THENCE NORTH A DISTANCE OF 34.9 FEET; THENCE NORTH 30"50'00" EAST, ALONG THE SOUTHEASTERLY LINE OF A TRACT CONVEYED TO THE NORTHERN PACIFIC RAILWAY COMPANY BY HENRY S. SINKAN AND HIS WIFE LOUISE SINKAN, RECORDED UNDER RECORDING NUMBER 784021, TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH ALONG SAID EAST LINE TO A POINT 313.98 FEET NORTH OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST TO THE POINT OF BEGINNING; ALSO ' EXCEPT THAT PORTION OF SAID PREMISES AS A WHOLE CONVEYED TO THE STATE OF WASHINGTON FOR STATE HIGHlWAY NO.2 BY DEED RECORDED UNDER RECORDING NUMBER 4905070; ALSO RES 3799 WSC03-0024 12/22/04 Page 14 ATTACHMENT A (CONTINUED) EXCEPT THOSE PORTIONS OF SAID PREMISES AS A WHOLE CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 18 BY DEED RECORDED UNDER RECORDING NUMBER 950628027R . TAX PARCEL 10-21-05-9006 THE SOUTH HALF OF THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET THEREOF; AND THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILlAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 330 FEET OF SAID NORTH HALF OF THE SOUTH HALF ACCORDING TO KING COUNTY LOT LINE ADJUSTMENT NUMBER 1082065 APPROVED OCTOBER 27, 1982; ALSO - EXCEPT THOSE PORTIONS THEREOF CONDEMNED BY THE STATE OF WASHINGTON FOR SR 18 UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 95-2-29083-3. TAX PARCEL 10-21-05-9032 THE WEST 330 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 190 FEET OF THE SOUTH HALF THEREOF; ALSO EXCEPT THAT PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF 132ND AVENUE SOUTHEAST; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9506301758. TAX PARCEL 10-21-05-9044 THE NORTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, ' RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES' BY DEED RECORDED UNDER RECORDING NUMBER 2680900; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9506211051. TAX PARCEL 10-21-05-9074 RES 3799 WSC03-0024 12/22/04 Page 15 ATTACHMENT A (CONTINUED) THE NORTH HALF OF THE WEST 190 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER Of THE/IIQRTHWESTQUARTER . OF SECTION 10, TOWNSHIP 21 NÓRTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING WITHIN THE RIGHT OF WAY OF 132ND STREET SOUTHEAST AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 2680901; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE 18 BY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 9506070779, SAID PORTION BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS: THAT PORTION OF SAID NORTH HALF OF THE WEST 190 FEET LYING WESTERLY OF A LINE BEGINNING AT A POINT OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) C 141+45 ON THE C LINE SURVEY OF SR 18, S.E. 304TH STREET INTERCHANGEYICINITY, AND 42 FEET EASTERLY THEREFROM; THENCE NORTHERLY PARALLEL WITH SAID C LINE SURVEY TO A POINT OPPOSITE HES C 143+00 THEREON AND THE END OF THIS LINE DESCRIPTION. RES 3799 WSC03-0024 12/22/04 Page 16