HomeMy WebLinkAbout3858RESOLUTION NO. 3 8 5 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, APPROVING THE UTILITY
EXTENSION AGREEMENT BETWEEN THE CITY OF
AUBURN AND KENT 160 LLC
WHEREAS, the City of Auburn provides sewer utility services to areas outside
the corporate limits, within its utility service areas; and
WHEREAS, the City of Auburn has been approached by owners of property that
is surrounded by territory within the potential annexation of the City of Auburn but which
is currently located within the corporate boundaries of the City of Kent, stemming from a
previous municipal purposes annexation by the City pf Kent; and
WHEREAS, the contact from the owners of this property was to secure for this
property sewer utilities which are more readily available from the City of Auburn than
they would be from the City of Kent; and
WHEREAS, the City of Auburn has negotiated with the owners of this property
the terms of this agreement for extension of sewer utilities to this property under terms
that are acceptable to both parties and which adequately protect the City of Auburn in
terms of its specific interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute an
agreement in substantial conformity with the Agreement attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Resolution No. 3858
May 9, 2005
Page 1
Section 2. That the Mayor is authorized to implement such. administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
~i
Dated and Signed this ~ day of May, 2005.
CITY OF AUBUR~
~ ! 1
r
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR¢VED ~CS1T0 FO
Daniel B. Heid,
City Attorney
Resolution No. 3858
May 9, 2005
Page 2
UTILITY EXTENSION AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION
OF COVENANT)
The Agreement executed herein between the City of Auburn, Washington,
a municipal corporation, hereinafter referred to as "CITY," and Kent 160 LLC, a
Washington limited liability company, and the heirs, assigns, and/or successors in
interest of certain property owned by Kent 160 LLC, hereinafter referred to as
"the OWNER," is for and in consideration of the furnishing of sanitary sewer service by
the CITY to certain property of the OWNER hereinafter defined and referred to as "the
PROPERTY." Subject to the terms and conditions set forth herein, the OWNER does
hereby petition for and agree to annexation of the PROPERTY to the CITY, and does
hereby agree to the conditions of annexation herein, and does hereby declare this
covenant.
SECTION 1: DEFINITIONS
Unless otherwise specifically stated in this Agreement, the following terms shall
have the following meanings:
1.1. The term "the PROPERTY" shall mean the real property as described and set forth
in "Exhibit A "hereto, which is attached to this Agreement and incorporated herein
by this reference. Exhibit A shall consist of a written legal description that clearly
describes the whole property of the Plat and all component parts, including
separately described Tracts "UU," "VV," "WW," and "XX," and shall further consist
of a preliminary plat map or maps showing the entire Plat and all component parts,
as well as all streets located within the Plat and/or referenced in this Agreement.
The term shall also mean the individual lots, tracts or parcels that occur or are
created as a result of any subdivision of the PROPERTY described in Exhibit A.
1.2. The term "OWNER" and "OWNERS", in addition to describing Kent 160 LLC, shall
mean any person, corporation, partnership, entity, being, trust, or agency, that
currently has title or possession, or obtains title or possession in the future, to the
PROPERTY described in Subsection 1.1 of this Agreement. The term "OWNER"
and "OWNERS" shall also mean any person, corporation, partnership, entity,
being, trust, or agency who purchases or otherwise obtains possession or title to a
lot or lots that are created as a result of the subdivision of the property described
Utility Extension Agreement
Page 1
in Subsection 1.1. The term "OWNER" shall denote both the singular and the
plural, and the term "OWNERS" shall denote both the singular and the plural.
SECTION 2: RECITALS
2.1. The CITY is not legally required to provide sewer service to property located
outside of the Auburn city limits.
2.2. The CITY is not the exclusive provider for sewer service to the PROPERTY, which
has been annexed to and is part of the City of Kent.
2.3. Chapter 13.40 of the Auburn City Code provides that the City Engineer may
administer agreements to extend sewer service to areas within the City's sewer
service areas.
2.4. The OWNER and the CITY have negotiated the terms of an agreement for
extension of sewer services to the PROPERTY and recommend that the City
Council approve the issuance of a permit to extend sewer service to the
PROPERTY subject to specified conditions.
2.5. This Agreement shall evidence the commitment for sewer services to the
PROPERTY, and the OWNER shall hereafter provide the CITY with civil plans
for review an approval in accordance with ACC 13.40.
2.6. This Agreement is not intended to constitute a development agreement as
authorized by RCW 36.70B.170 through .210.
SECTION 3: PROVISION OF SEWER SERVICE; POTENTIAL ANNEXATION
3.1. The CITY agrees to provide permanent sanitary sewer service to the PROPERTY,
and to the dwelling units and any public restrooms that may ultimately be
constructed in the OWNER's proposed Plat of Verdana on the PROPERTY. Such
agreement to provide sanitary sewer service is conditioned upon the CITY's
receiving a franchise from the City of Kent permitting the CITY to locate and
operate sanitary sewer lines and facilities in Kent rights of way. Such sanitary
sewer service will be provided in accordance with the CITY's adopted design and
construction standards, comprehensive plan and any implementing and applicable
sanitary sewer utility plans and policies adopted by the CITY and in effect as of the
date of this Agreement. The CITY agrees to provide such sanitary sewer service
notwithstanding any amendment by the CITY to such plans and policies after the
date of this Agreement that is inconsistent with the provision of such sanitary
sewer service as set forth herein.
Utility Extension Agreement
Page 2
3.2. At the OWNER's request at any time after the date of this Agreement, the CITY
will promptly issue a certificate of sanitary sewer availability to the OWNER for
submittal to the City of Kent, and the CITY will from time to time and at the
OWNER's request issue updated certificates of such availability to the OWNER.
All such certificates will be expressly subject only to both of the following
conditions: (a) the CITY's standard conditions of providing sanitary sewer service,
as customarily set forth in its certificates of sewer availability; and (b) the
OWNER's obligation to design, engineer, and construct the infrastructure
necessary to connect the PROPERTY to the CITY's existing sanitary sewer
system.
3.3. Except for its standard sanitary sewer system development charge, permit fee,
and any applicable charge in lieu of assessment and/or payback charge to be
levied by the CITY against the OWNER before or at the time the PROPERTY
connects to the CITY's sanitary sewer system, and except for a reasonable sum
that the CITY may require from the OWNER as consideration for entering into a
developer extension agreement for such sanitary sewer service, the CITY will
impose no other assessment, fee, or charge of any kind on the OWNER or its
successors and assigns as a condition of, or prerequisite for, connecting the
PROPERTY to the CITY's sanitary sewer system.
3.4. At all times after the PROPERTY is connected to the CITY's sanitary sewer
system, the CITY will charge sanitary sewer customers within the PROPERTY only
those then-prevailing monthly fees and charges (as the CITY may adjust those
fees and charges from time to time) that the CITY charges its sanitary sewer
customers. (Note: If the PROPERTY is outside the city limits, there will be a utility
surcharge. If the PROPERTY is annexed to the City, it will not be subject to the
surcharge.)
3.5. In consideration and as a condition of the provision of CITY sewer service, the
OWNER shall fully cooperate with and agree to the annexation (which shall
include all types and manner of annexation) of the PROPERTY to the CITY, as
follows:
3.5.1. The OWNER, shall, whenever so requested, sign any letter, notice,
petition or other instrument initiating, furthering or accomplishing the
annexation of the above-described PROPERTY to the CITY.
3.5.2. The OWNER, shall, whenever so requested, actively promote such
annexation, and shalt not act or speak in any manner to avoid
annexation, or cause others to avoid or reject annexation.
Utility Extension Agreement
Page 3
3.5.3. The OWNER, by accepting the terms of this Agreement, grants to the
CITY an irrevocable power of attorney to execute any annexation
documents on the OWNER'S behalf or as may be necessary to
complete the annexation so long as the CITY remains a municipal
corporation
3.6 It is further agreed and understood that in the event of any breach of this
Agreement to annex, the CITY may terminate the provision of sewer service to the
PROPERTY.
SECTION 4: LOCAL IMPROVEMENT DISTRICT
In consideration and as a condition of the provision of CITY sewer service, the
OWNER agrees that if at any future time the PROPERTY is no longer part of the City of
Kent, then the OWNER shall sign petitions for and participate in any Local Improvement
District that may be proposed in the future in accordance with then-existing law for any
and all public street improvements consisting of curb and gutter, sidewalks, street
lighting, storm drainage, and/or paving benefiting the PROPERTY, whether initiated by
CITY or by property owners in the vicinity of the PROPERTY. To this end, the OWNER
agrees as follows:
4.1.The OWNER, shall, whenever so requested, sign any letter, notice, petition or other
instrument initiating, furthering or accomplishing the Local Improvement District
encompassed in herein; provided, however, that at the time of any such request
the PROPERTY must no longer be part of the City of Kent.
4.2. The OWNER, shall, whenever so requested, actively promote such Local
Improvement District, and shall not act or speak in any manner to avoid the Local
Improvement District, or cause others to avoid or reject the Local Improvement
District.
4.3. The OWNER, by accepting the terms of this Agreement, grants to the CITY an
irrevocable power of attorney to execute any Local Improvement District
documents on OWNER'S behalf or as may be necessary to complete, initiate, or
enforce the Local Improvement District so long as the CITY remains a municipal
corporation; provided, however, that the CITY shall not exercise such power of
attorney so long as the PROPERTY remains part of the City of Kent.
Utility Extension Agreement
Page 4
SECTION 5: MITIGATION MEASURES
In consideration and as a condition of the provision of CITY sewer service, the
OWNER agrees that it is the OWNER's responsibility to finance the design, permitting
and construction of the following mitigation measures: The OWNER shall have no
obligation to undertake any of the following mitigation measures unless the OWNER
has first received an Acceptable Plat Approval. As used in this Agreement, the term
"Acceptable Plat Approval" means the City of Kent's approval of the preliminary Plat of
Verdana on the PROPERTY, subject only to conditions that are reasonably acceptable
to the OWNER. The OWNER shall be deemed to have received an Acceptable Plat
Approval only if and when both of the following have occurred: (a) the period for
bringing a judicial appeal of the City of Kent's approval of the preliminary Plat of
Verdana has expired without the timely filing of any such appeal; or, if such an appeal is
timely filed, then the date such appeal has been finally resolved substantially in favor of
the OWNER, including the final resolution of any appeal to a higher court; and (b) the
date the OWNER submits engineering plans and specifications to the City of Kent to
construct the Verdana plat infrastructure, as an implementing step toward receiving final
plat approval of the Plat of Verdana. If the OWNER receives an Acceptable Plat
Approval, then no later than the date of the City of Kent's approval of the final plat of
the Plat of Verdana, either (a) the mitigation measures set forth in the remainder of this
Section 5 shall be constructed, installed, or otherwise implemented by the OWNER, or
(b) the OWNER shall post with the CITY financial security acceptable to the CITY
securing the OWNER's later construction, installation, or other implementation of such
mitigation measures as shall be specified in such security. The foregoing option (b)
shall specifically apply to the improvements described in Subsections 5.1.1 and 5.1.2
and may also apply to the improvements described in other subsections at the
OWNER's discretion.
5.1. Streets & Pedestrian Facilities.
5.1.1. The OWNER shall complete half street improvements along the
frontage of the PROPERTY along 124t" Ave. SE to King County
standards for a minor arterial with full urban improvements, with a
minimum 42-foot half street right-of-way, excepting half street
improvements abutting the frontage of the OWNER's proposed future
development Tracts UU, VV, WW, and XX. Provided, however, that
such improvements shall be installed concurrently with development of
such tracts, and the CITY agrees that such improvements need not be
constructed before the City of Kent's final plat approval of the Plat of
Verdana.
Utility Extension Agreement
Page 5
5.1.2. The OWNER shall complete half street improvements along the
frontage of the PROPERTY along SE 304t" St. to King County standards
for a collector arterial with full urban improvements with a minimum 30-
foot half street right-of-way, excepting half street improvements abutting
the frontage of the OWNER's proposed future development Tracts VV,
WW, and XX. Provided, however, that such improvements shall be
installed concurrently with development of such tracts, and the CITY
agrees that such improvements need not be constructed before the City
of Kent's final plat approval of the Plat of Verdana.
5.1.3. The OWNER shall provide north, south, east and west bound dedicated
left turn lanes and traffic signal improvements at the intersection of SE
304t" St. and 124t" Ave. SE and shall dedicate any right of way
necessary at the northwest corner of the intersection to allow for future
signal improvements to the intersection.
5.1.4. The OWNER shall design and install traffic calming on Road "A" to the
satisfaction of the traffic engineer for the City of Kent and the CITY. The
OWNER shall also dedicate right of way and provide a through road
connection to City of Kent standards for a residential collector road on
Road "A" (the primary collector through the site) that will connect to 118t"
Ave. SE and 124t" Ave. SE. No direct residential access to Road A shall
be permitted.
5.1.5. The OWNER shall dedicate right of way pursuant to the standards for a
half street for a King County neighborhood collector on SE 288t" Street
and shall complete said half street improvements.
5.1.6. The OWNER shall provide a non-motorized bike lane east- and
westbound through the development from 118t" Ave. SE to 124t" Ave.
SE. The intent of this requirement is to facilitate anon-motorized
corridor to assist access to future park properties east and west of the
Verdana development.
5.1.7. The OWNER shall improve 118t" Ave. SE to a full half-street
configuration along the site frontage and shall widen 118t" Ave. SE from
the site frontage south to SE 304" Street as necessary to provide one
twelve-foot-wide travel lane in each direction.
5.1.8. The OWNER shall provide a separate pedestrian path on the east side
of 118th Ave. SE connecting the development to SE 304t" Street and
shall provide an improved signalized (pedestrian initiated) crossing at
Utility Extension Agreement
Page 6
the intersection of 118th Ave. SE and SE 304th Street that will serve the
main entrance to Hazelwood Elementary School.
5.1.9. The OWNER shall provide an improved signalized (pedestrian initiated)
crossing mid block across 124th Ave. SE in the vicinity of the entrance to
the Auburn Mountainview High School.
5.2. Storm Drainage Facilities.
5.2.1 Aesthetics. Each storm drainage facility shall be designed & constructed
by the OWNER so that the facilities become and appear to be an amenity
to the residential setting. If the facilities are to be owned by the
Homeowners Association ("Association"), then OWNER shall provide the
proposed Declaration of Covenants, Conditions and Restrictions for the
Plat of Verdana ("CC&R's") to the CITY for its review in order for the CITY
to determine that there is adequate language in the CC&R's in order to
assure that there is an adequate maintenance plan for the storm drainage
facilities that is financially secured. The CC&R's shall also provide that
the provision regarding maintenance of storm drainage facilities may not
be amended by the Association without prior written approval of the CITY.
5.2.2 Maintenance Access. If the storm drainage facilities will be dedicated as
publicly owned facilities, they must be designed to meet the City of Kent's
requirements, including but not limited to requirements for access for
maintenance.
5.2.3 Number of facilities. The OWNER shall submit to the CITY its proposal
regarding the number and design of storm drainage facilities and ponds
prior to submitting the proposal to the City of Kent. The OWNER agrees
to work with the CITY in good faith and make all attempts to minimize the
number of storm ponds on the PROPERTY, given the grades & site layout
constraints
5.3. Parks and Recreation.
5.3.1. The OWNER shall develop park facilities on site in the amount of 6.03
acres per 1,000 population (based on an average of 2.80 persons per
household, multiplied times the total number of dwelling units to be
constructed.) or shall meet City of Kent park requirements and provide a
fee to the CITY for the difference between the number of acres provided
per Kent's standards and the above CITY requirement. Said fee shall be
calculated using an amount of One Hundred Thirty Three Thousand
Utility Extension Agreement
Page 7
Three Hundred Dollars ($133,300) per acre or fraction thereof and shall
be paid to the city by prior to recording the plat. The $133,300 figure shall
be adjusted annually based on the Consumer Price Index for the Seattle
Metropolitan Area beginning on January 1, 2006 (based on the CPI for
2005), and on January 1St of each year thereafter. All parks and their
facilities developed by the OWNER on site shall, after completion of such
park facilities, be conveyed by the OWNER to the Association subject to a
covenant and agreement whereby the Association expressly agrees to
perpetually maintain such parks and park facilities in good condition at the
Association's cost, until such time (if any) as such parks and park facilities
are conveyed by the Association to, and accepted by, a governmental
entity with jurisdiction.
5.3.2. The OWNER shall dedicate, to the governmental entity in whose
jurisdiction the following easement property is located at the time of
recording of the Verdana final plat, that portion of property within the
Bonneville Power Administration ("BPA") easement (legally described in
Exhibit "B" (attached hereto and incorporated by this reference), for use
as a public park and non-motorized multiple-use path and/or trail and
related amenities and maintenance (benches, water fountains etc.) Said
dedication and easement shall provide that the OWNER and its
successors and assigns agree to any subsequent transfer of said BPA
easement to another governmental entity for the above-stated uses. The
OWNER shall also pay for site planning for and/or make improvements to
the dedicated BPA easement property equal in dollar value to five percent
(5%) of the King County assessed value of the property described in
Exhibit "B" at the time of recording of the Verdana final plat. If necessary,
the assessed value shall be determined by an appraisal acceptable to the
City of Kent and the CITY. The cost of any such appraisal shall be paid
for by the OWNER. The site planning to be completed and/or the
improvements to be made shall be agreed upon by the City of Kent and
the CITY. In lieu of making those improvements, and at the discretion of
the CITY or (if the easement property is not then located within the CITY)
the governmental body in whose jurisdiction the BPA easement property
is located at the time of recording of the final plat, the OWNER may be
required to transfer to that jurisdiction, the dollar value of the
improvements as calculated above, to be used solely for capital projects
or park planning purposes in the BPA easement or on adjacent park
lands.
Utility Extension Agreement
Page 8
5.3.3. Lighting within the BPA easement shall provide for the safety of park
users but must be sited and designed to minimize light and glare on
adjacent residential properties and to the night sky. Light poles taller than
15 feet will not be allowed within the BPA easement.
SECTION 6: ADDITIONAL PROVISIONS.
6.1. City's Review of Preliminary Designs. In order to assure that all of the
mitigation measures in Section 5 above are designed in accordance to a standard that
the CITY can confirm will satisfy the terms of this agreement, the OWNER agrees that
the preliminary design of all these requirements will be submitted to the CITY for review
and approval prior to submission to the City of Kent for final approval of the design
plans for all mitigation measures:
6.2 SEPA Requirements. Nothing herein shall be construed as to limit the CITY's
ability to require mitigation of any proposed significant adverse impacts that are
identified in the SEPA process or to waive any of the CITY's lawful authority to
proceed in any way under the SEPA process.
6.3 Financial Obligations. Nothing in this Agreement shall be construed to create
any financial obligation on the part of the CITY with regards to the provision of
CITY sewer service, annexation, local improvement districts, mitigation measures
or any other matter.
6.4. Indemnification. The OWNER shall defend and hold harmless the CITY, its
elected and appointed officials, employees, and agents from any actions, causes
of action, liabilities, claims, suits, judgments, liens, awards, demands, and
damages of any kind ("Claims"), including Claims for property damage, personal
injury, or death (and including any Claims brought by employees of the OWNER's
contractor or any subcontractor), but excepting any Claim arising out of the sole
negligence of the CITY, its elected or appointed officials, employees, or agents.
The CITY shall be held harmless from all expenses, costs of litigation, and
reasonable attorney's fees, expert witness fees, and costs of services of
engineering and other personnel related to any such action, or incident to
establishing the right to indemnification, to the extent such Claims arise from any
negligent act or omission or willful misconduct of the OWNER, the OWNER's
Contractor, any subcontractor, or their employees arising out of, or in any way
related to, their performance of the Agreement, including without limitation the
provision of services, personnel, facilities, equipment, support, supervision, or
reviews. The CITY's obligations herein are subject to judicial, legislative, and
regulatory restrictions beyond the CITY's control (Including, but not limited to the
Endangered Species Act). The OWNER releases the CITY from any and all direct
Utility Extension Agreement
Page 9
or indirect liability or damages related to actions beyond the CITY's control and
agrees to indemnify and hold the CITY harmless from any such action undertaken
by any third person or agency based in whole or in part on the improvements or
services provided for herein.
6.4.1. The OWNER expressly waives any immunity under industrial insurance,
whether arising from RCW Title 51 entitled "Industrial Insurance," or any
other statute or source, solely for the benefit of the CITY and solely to the
extent of the indemnity set forth in this Agreement.
6.4.2. The OWNER shall, at the CITY's request, furnish comprehensive
evidence that all obligations of the nature designated in this Agreement
have been paid, discharged, or waived.
6.5. Agreement Alterations And Amendments. This Agreement may be amended by
mutual agreement of the parties. Such amendments shall not be binding unless
they are in writing and signed by personnel authorized to bind each of the parties.
6.6. Binding On Successors And Assigns. The terms and conditions of this
Agreement shall constitute covenants running with the land constituting the
PROPERTY, for the benefit and burden of the PROPERTY, and shall be binding
upon the successors and assigns of the OWNER to the PROPERTY.
6.7. No Third Party Beneficiaries. This Agreement is solely for the benefit of the
parties hereto, and no third party shall be entitled to claim or enforce any rights
hereunder except as specifically provided herein.
6.8. Waiver. A failure by either party to exercise its rights under this Agreement shall not
preclude that party from subsequent exercise of such rights and shall not constitute
a waiver of any other rights under this Agreement unless stated to be such in a
writing signed by an authorized representative of the party and attached to the
original Agreement.
6.9. Governance. This Agreement shall be governed by the laws, regulations and
ordinances of the CITY, the State of Washington, King County, and where
applicable, Federal laws. All claims, disputes and other matters in question arising
out of, or relating to, this Agreement or the breach hereof, except with respect to
claims which have been waived, will be decided by a court of competent
jurisdiction in King County, Washington.
6.10.Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the
Utility Extension Agreement
Page 10
other provisions of this Agreement which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this agreement. To this end the provisions of this
Agreement are declared to be severable.
6.11.Breach.The failure to meet any of the terms of this Agreement shall constitute a
material breach of the Agreement.
6.12. Release of Claims. By signing this Agreement, the OWNER releases the CITY
from any and all lawsuits, claims, causes of action, damages, or fees, whether now
known or unknown, that it may have or may bring against the CITY as a result of the
process for obtaining the sewer service as contemplated in this Agreement
6.13. Attorneys' Fees. In any action brought by a party to enforce its rights under this
Agreement, the substantially prevailing party will be entitled to recover its
reasonable costs and attorneys' fees, including fees and expenses incurred in the
appeal of any order or judgment of a lower court.
6.14. Recording of Memorandum. This Agreement shall not be filed for recording by
either party. Instead, concurrently with their execution of this Agreement, the
parties shall execute in recordable form a Memorandum of Agreement
substantially in the form attached hereto as Exhibit C (which is incorporated
herein by this reference as if fully set forth). Within 14 days after its execution, the
OWNER shall file such Memorandum for recording with the King County
Department of Records and Elections.
Utility Extension Agreement
Page 11
DATED this (~ ~ day of t-Z.J , 2005.
CI U N
_._._~
Peter B. Lewis, Mayor
Attest:
~J
Danielle E. Daskam, City Clerk
Approved as to Form:
~l ~
Jo ph N. eck, Assistant City
orney
KENT 160 LLC
By BRNW, Inc., a Washington corporation
Its Managing Member
By j ~~~I~
Brian Ross, President
#302524 18163-002 6hfg06!.doc 6/2/2005
Utility Extension Agreement
Page 12
., ,
VERDANA Gx~~~~ A•~ TRIAD JOB # 03-094
LEGAL DESCRIPTION: TOTAL PARCEL MAY 12, 2005
THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON, AND THAT PORTION OF THE SOUND TRUSTEE COMPANY'S THIRD
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 100, IN
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 88°58'11" WEST ALONG THE NORTH LINE OF GOVERNMENT LOT 3 IN SAID SECTION 4,
A DISTANCE OF 285.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF, 272.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 3, A
DISTANCE OF 100.00 FEET;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF, 114.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 3, A
DISTANCE OF 155.00 FEET TO THE WEST LINE OF THE EAST 30.00 FEET OF THE NORTH HALF OF SAID
WEST HALF ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF 124'" AVENUE SOUTHEAST;
THENCE SOUTH 01°38'46" WEST, ALONG SAID WEST LINE AND SAID WESTERLY RIGHT OF WAY LINE,
1996.88 FEET;
THENCE SOUTH 01°39'29" WEST, ALONG THE WEST LINE OF THE EAST 30.00 FEET OF THE SOUTH
HALFOF SAID WEST HALF AND SAID WESTERLY RIGHT OF WAY LINE OF 1247" AVENUE SOUTHEAST, A
DISTANCE OF 2560.03 FEET, TO A POINT OF CURVE;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS OF 40.00 FEET, THROUGH A
CENTRAL ANGLE OF 90°28'28", AN ARC DISTANCE OF 63.16 FEET, TO A POINT ON THE NORTHERLY
RIGHT OF WAY LINE OF SOUTHEAST 304TH STREET;
THENCE NORTH 87°52'03" WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 495.80 FEET TO THE
MOST EASTERLY CORNER OF THE PLAT OF CRYSTAL MEADOWS AS RECORDED IN VOLUME 194 OF
PLATS, PAGES 66 AND 67, RECORDS OF KING COUNTY, WASHINGTON;
THENCE NORTH 23°16'08" WEST, ALONG THE MOST EASTERLY LINE OF SAID PLAT, 664.09 FEET;
THENCE NORTH 75°37'53" WEST, ALONG THE MOST NORTHERLY LINE OF SAID PLAT, 468.83 FEET TO
THE EAST LINE OF TRACT 11 OFTHE PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION, AS
RECORDED IN VOLUME 13 OF PLATS, PAGE 100, RECORDS OF KING COUNTY;
THENCE SOUTH 01°29'33° WEST, ALONG SAID EAST LINE, 34.32 FEET TO A POINT ON SAID EAST LINE
THAT IS 50.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT WHEN MEASURED ALONG
SAID EAST LINE;
THENCE NORTH 24°06'11" WEST 312.51 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF
OF SAID TRACT 11, SAID POINT BEING 135.00 FEET WESTERLY OF THE NORTHEAST CORNER OF SAID
SOUTH HALF, WHEN MEASURED ALONG SAID NORTH LINE;
THENCE NORTH 26°43'19" WEST 377.25 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 11;
THENCE NORTH 01°30'12" EAST, ALONG THE WEST LINE OF THE EAST HALF OF TRACT 10 OF SAID
PLAT, A DISTANCE OF 132.00 FEET TO THE NORTH LINE OF THE SOUTH 120.00 FEET OF SAID TRACT
10;
THENCE NORTH 88°01'34" WEST, ALONG SAID NORTH LINE, 316.73 FEET TO THE WEST LINE OF SAID
TRACT 10;
THENCE NORTH 01°30'51" WEST, ALONG THE WEST LINE OF TRACTS 10 AND 91N SAID PLAT, 1193.45
FEET TO THE NORTHWEST CORNER OF SAID TRACT 9;
THENCE SOUTH 87°49'18" EAST, ALONG THE NORTH LINE OF SAID TRACT 9, A DISTANCE OF 629.64
FEET TO THE NORTHEAST CORNER OF SAID TRACT 9;
THENCE NORTH 01°53'09" EAST, ALONG THE EAST LINE OF SAID PLAT, 1323.32 FEET, TO THE
NORTHEAST CORNER OF SAID PLAT;
THENCE NORTH 87°37'04" WEST, ALONG THE NORTH LINE OF SAID PLAT, 13.17 FEET TO THE WEST
LINE OF GOVERNMENT LOT 3 OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
THENCE NORTH 01°41'41" EAST, ALONG SAID WEST LINE, 1035.34 FEET TO THE NORTHWEST CORNER
OF SAID GOVERNMENT LOT 3;
THENCE SOUTH 88°58'11" EAST, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, 1030.65 FEET
TO THE TRUE POINT OF BEGINNING.
WRITTEN: ARJ
CHECKED: MTSE
~i~Ni3
TT T A T 121 I2 1 I S°' A~renue NE IOrklartC. Washington 980349623
1~` j~ (/~~~ J~ 425.821.8448.800.488.0756 ~ Fax 425.621.3481
www.trlaGassoc.com
SCALE: 1" = 500'
0 250 500 1000
EXHIBIT DISCLAIMER
THIS EXHIBIT HAS BEEN PREPARED TO
ASSIST IN THE INTERPRETATION OF THE
ACCOMPANYING LEGAL DESCRIPTION. IF
THERE IS A CONFLICT BETWEEN THE
WRITTEN LEGAL DESCRIPTION AND THIS
SKETCH, THE LEGAL DESCRIPTION SHALL
PREVAIL.
~ ~
ENTIRE BOUNDARY ~; `
~ LEGAL DESCRIPTION EXHIBIT ~>; N ,,...~/
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" w ~~~~` r VERDAiVA ~~~~
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A °o y ~
CITY OF KENT, WASHINGTON
~'KNl'~f'fA~
VERDANA ~~µ(fjCf ~•~
TRIAD JOB # 03-094
LEGAL DESCRIPTION: TRACT XX MAY 12, 2005
THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON, AND THAT PORTION OF THE SOUND TRUSTEE
COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
13 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 88°58'11" WEST ALONG THE NORTH LINE OF GOVERNMENT LOT 3 IN SAID
SECTION 4, A D15TANCE OF 285.00 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
272.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
114.00 FEET;
THENCE SOUTH 88°58'11° EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 155.00 FEET TO THE WEST LINE OF THE EAST 30.00 FEET OF THE
NORTH HALF OF SAID WEST HALF ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF
124"' AVENUE SOUTHEAST;
THENCE SOUTH 01°38'46" WEST, ALONG SAID WEST LINE AND SAID WESTERLY RIGHT OF
WAY LINE, 1996.88 FEET;
THENCE SOUTH 01°39'29" WEST, ALONG THE WEST LINE OF THE EAST 30.00 FEET OF SAID
SOUTH HALF OF SAID WEST HALF AND SAID WESTERLY RIGHT OF WAY, A DISTANCE OF
1925.12 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°20'31" WEST 132.72 FEET;
THENCE SOUTH 66°43'52" WEST 383.65 FEET;
THENCE SOUTH 33°16'08" EAST 625.12 FEET TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE OF SOUTHEAST 304 STREET;
THENCE SOUTH 87°52'03° EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 82.40 FEET
TO A POINT OF CURVE;
THENCE NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS OF 40.00 FEET,
THROUGH A CENTRAL ANGLE OF 90°28'28", AN ARC DISTANCE OF 63.16 FEET, TO THE WEST
LINE OF THE EAST 30.00 FEET OF THE SOUTH HALF OF SAID WEST HALF AND SAID
WESTERLY RIGHT OF WAY LINE OF 124TH AVENUE SOUTHEAST;
THENCE NORTH 01°39'29" EAST, ALONG SAID WEST LINE AND SAID WESTERLY RIGHT OF
WAY, 634.90 FEET TO THE TRUE POINT OF BEGINNING.
WRITTEN: ARJ
CHECKED: MTSE
TT T ,~ T I Z 112 115'" Avenue NE K{rldand Washington 980349623
1~~.1~.L/~111~./~ 425.821.8448 ~ 800.488.0756 • Fax 425.821.3481
www.trladauoc.com
ASSOCIATES
" ~-
~X~lBcr A=~
VERDANA GXE}~~~1 ~_~ TRIAD JOB # 03-094
LEGAL DESCRIPTION: TRACT YY MAY 12, 2005
THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON, AND THAT PORTION OF THE SOUND TRUSTEE
COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
13 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 88°58'11" WEST ALONG THE NORTH LINE OF GOVERNMENT LOT 3 IN SAID
SECTION 4, A DISTANCE OF 285.00 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
272.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
114.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 155.00 FEET TO THE WEST LINE OF THE EAST 30.00 FEET OF THE
NORTH HALF OF SAID WEST HALF ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF
124m AVENUE SOUTHEAST;
THENCE SOUTH 01°38'46" WEST, ALONG SAID WEST LINE AND SAID WESTERLY RIGHT OF
WAY LINE, 1998.88 FEET;
THENCE SOUTH 01°39'29" WEST, ALONG THE WEST LINE OF THE EAST 30.00 FEET OF THE
SOUTH HALF OF SAID WEST HALF AND THE WESTERLY RIGHT OF WAY LINE OF 124TH
AVENUE SOUTHEAST, A DISTANCE OF 1925.12 FEET;
THENCE NORTH 88°20'31" WEST 132.72 FEET;
THENCE SOUTH 66°43'52"WEST 383.65 FEET, TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 33°16'08" EAST 625.12 FEET TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE OF SOUTHEAST 304TH STREET;
THENCE NORTH 87°52'03" WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 413.40 FEET
TO THE MOST EASTERLY CORNER OF THE PLAT OF CRYSTAL MEADOWS AS RECORDED IN
VOLUME 194 OF PLATS, PAGES 66 AND 67, RECORDS OF SAID COUNTY;
THENCE NORTH 23°16'08" WEST, ALONG THE MOST EASTERLY LINE OF SAID PLAT, 438.29
FEET;
THENCE NORTH 66°43'52" EAST 264.89 FEET TO THE TRUE POINT OF BEGINNING,
WRITTEN: ARJ
CHECKED:MTSE
T7'l T A T 121 12 1 I S°i Avenue NE Kirkland, Washington 98034-9623
l~til/~1L~ 425.821.8448 ~ 800.486.0756 • Fax 425.821.3481
A S S O C I A T H S NNVW.Lnada550CtOm
~-
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Ext~i~~r ~•~
VERDANA TRIAD JOB # 03-094
LEGAL DESCRIPTION: TRACT ZZ MAY 12, 2005
THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON, AND THAT PORTION OF THE SOUND TRUSTEE
COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
13 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 88°58'11" WEST ALONG THE NORTH LINE OF GOVERNMENT LOT 3 IN SAID
SECTION 4, A DISTANCE OF 285.00 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
272.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST HALF,
114.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT
LOT 3, A DISTANCE OF 155.00 FEET TO THE WEST LINE OF THE EAST 30.00 FEET OF THE
NORTH HALF OF SAID WEST HALF ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF
1247" AVENUE SOUTHEAST;
THENCE SOUTH 01°38'46" WEST, ALONG SAID WEST LINE AND SAID WESTERLY RIGHT OF
WAY LINE, 1996.88 FEET;
THENCE SOUTH 01°39'29" WEST, ALONG THE WEST LINE OF THE EAST 30.00 FEET OF SAID
WEST HALF AND THE WESTERLY RIGHT OF WAY LINE OF 1247" AVENUE SOUTHEAST, A
DISTANCE OF 1925.12 FEET;
THENCE NORTH 88°20'31" WEST 132.72 FEET;
THENCE SOUTH 66°43'S2"WEST 383.65 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 33°16'08" WEST 777.88 FEET;
THENCE SOUTH 59°27'27" WEST 212.26 FEET;
THENCE SOUTH 63°16'41" WEST 100.00 FEET;
THENCE SOUTH 67°46'30 WEST 34.70 FEET TO A POINT OF CURVE, THE CENTER WHICH
BEARS NORTH 67°46'30 EAST 51.50 FEET;
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°12'39", AN
ARC DISTANCE OF 66.70 FEET;
THENCE SOUTH 06°26'09` WEST 38.09 FEET;
THENCE SOUTH 63°16'41" WEST 103.79 FEET,
THENCE SOUTH 24°06'11" EAST 229.67 FEET;
THENCE NORTH 01°29'33" EAST 34.32 FEET, TO A POINT ON THE EAST LINE OF TRACT 11 OF
THE PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION, AS RECORDED IN
VOLUME 13 OF PLATS, PAGE 100, RECORDS OF KING COUNTY,THAT IS 50.00 FEET NORTH.
OF THE SOUTHEAST CORNER OF SAID TRACT WHEN MEASURED ALONG SAID EAST LINE;
TO THE MOST NORTHERLY LINE OF THE PLAT OF CRYSTAL MEADOWS AS RECORDED IN
VOLUME 194 OF PLATS, PAGES 66 AND 67, RECORDS OF KING COUNTY, WASHINGTON;
THENCE SOUTH 75°37'53" EAST, ALONG THE MOST NORTHERLY LINE OF SAID PLAT, 468.83
FEET;
THENCE SOUTH 23°16'08" EAST, ALONG THE MOST EASTLERY LINE OF SAID PLAT, 225.80
FEET, TO A POINT WHICH BEARS SOUTH 66°43'52" WEST, 264.89 FEET FROM THE TRUE
POINT OF BEGINNING;
THENCE NORTH 66°43'52" EAST 264.89 FEET TO THE TRUE POINT OF BEGINNING.
WRITTEN: ARJ
CHECKED: MTSE
to/os~p6
711 T A T\ 12112 I IS'"Avenue NE KirkWnd, Washington 98034-9623
l~tll/~.1L~ 425.821.8448.800.488.0756 ~ Fax 425.821.3481
ASSOCIATES www.trladassoc.com
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EX l~~~cT ,4?
SCALE: 1" = 500'
0 250 500 1000
EXHIBIT DISCLAIMER
THIS EXHIBIT HAS BEEN PREPARED TO
ASSIST IN THE INTERPRETATION OF THE
ACCOMPANYING LEGAL DESCRIPTION. IF
THERE IS A CONFLICT BETWEEN THE
WRITTEN LEGAL DESCRIPTION AND THIS
SKETCH, THE LEGAL DESCRIPTION SHALL
PREVAIL.
VERDANA
w
~'
TRACT ZZ \ TRACT WW I'I¢
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TRACT
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XX
~~~ FUTURE DEVELOPMENT TRACTS aN \`
LEGAL DESCRIPTION EXHIB/T ~
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CITY OF KENT, WASNlNGTON w
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vERDaNA EXH+B [T 8 TRIAD JOB NO. 03-094
BFA EASEMENT LEGAL DESCRIPTION MAY 16, 2005
THAT PORTION OF TFiE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND
200.00, FEET IN WIDTH, BEING 100.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRiBm
CENTERLINE
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTIpN 4;
THENCE SOUTH 01 °38'46" WEST, ALONG TtiE EAST LINE OF THE NORTH HALF OF SAID
WEST HALF, AND THE CENTERLINE OF 124T" AVENUE SOUTHEAST, 2332.50 FEET;
' THENCE NORTH 87°4535" WEST 30.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SAID
12e AVENUE SOUTHEAST, AND THE TRUE POINT OF BEGINNING OF THIS CENTERLINE;
THENCE CONTINUING NORTH 87°4535" WEST 1908.68 FEET, TO THE EASTERLY RIGHT OF
WAY OF 118TM AVENUE SOUTHEAST, AND THE TERMINUS OF THIS CENTERLINE.
THE SIDE LINES OF EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT RIGHT OF
WAYS.
EXCEPT FOR ANY PORTION LYING WITNW TRACT 8 OF THE PLAT OF THE SOUND TRUSTEE
COMPANY'S THIRD ADDITION, AS RECORDED IN VOLUME 13 OF PLATS, PAGE 100, RECORDS
OF KING COUNTY.
EASEMENT MORE SPECIFICALLY DESCRIBED IN DOCUMENTS RECORDED UNDER
RECORDING NUMBERS 3158750, 3251576, AND 3252029.
TOGETHER,WITHA 62.50 FEET WIDE STRIP OF LAND, THE NORTH LINE OF WHICH IS
ABUTTING AND CONTIGUOUS WITH THE SOUTH UNE OF THE ABOVE DESCRIBED
EASEMENT. BEING 31:25 FEET ON EACH SlDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCMG AT SAID NORTH QUARTER CORNER;
THENCE SOUTH 01 °38'48" WEST, ALONG THE EAST UNE OF SAID NORTH HALF, AND SAID
CENTERLINE OF 124T" AVENUE SOUTHEAST, 2332.50 FEET;
THENCE. NORTH 87°4535" WEST 30.00 FEET, TO SAID WESTERLY RIGHT OF WAY, AND THE
TRUE POINT OF BEGINNING OF THIS CENTERLINE;
THENCE CONTINUING NORTFi 87°4535" WEST 1908:36 FEET, TO SAIO EASTERLY RIGHT OF
WAY, AND THETERMINUS OF THIS CENTERLINE.
THE SIDE LINES OF EASEAAENT TO BE EXTENDED OR SHORTENED TO MEET AT R1GHT OF
WAYS.
EASEMENT MORE SPECIFICALLY DESCRIBED fN DOCUAAENT RECORDED UNDER
RECORDING NUMBER 5041061.
. WRITTEN: ARJ
CHECKED: MTSE ~ •
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~ L 1 t ! 425.82 1.8448 • 80D.48&0756 • Faa 425.8213481
ltil ~L wwwMadaumcom
ASSOCIA?ES- .
~
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EXNlSf1' ~ _ _
. ,
Cf-
When Recorded, Retum fo:
HiLUS CLARK MARTIN & PETERSON, P.S.
Attention: Richard R. Wilson
500 Galland Building
1221 Second Avenue
Seattle, WA 98101-2925 20050fi09001 119
'PA m001 OF 007 A~ ~+.00
_ QKlB=09/2008Y33 ~.~07
COUNT ,
MEMORANDUAA OF UTILITY EXTENSION AGREEMENT
FOR VERDANA PROPERTY
Grantor. GRY OF AUBURN
t3rantee: KENT 760 LLC
Legal Pvr, of W.'r4 Sec. 4, T 21 N, R 5 E, W:M., & Por. of Sound Trustee
Descriptian: Co.'s 3td Add:, per Plat recorcfed in Vol. 13 of Plats, p. 100, .
(abbreviated) King County, Washington.
0 Addiflonal on : ExHierrA
AssessoNs Tax Parcel identiftcation Nos.: 0421059016; 786700046
Reference Nos. of Docurnents Released or Assigned: N/A
THIS MEMORANDUM OF UTILITY EXTENSION AGREEMENT FOR
VERDAN PROPERTY ("Memorandum") is made and entsred into as of.this
day of , 2005, by and between the CITY OF AUBURN; a municipal
_ corporati organized and existing tinder the Optional Municipal Code, .
RCW ch. 5A, and ather laws of the State of Washington ("the CITY"), and
KENT 160 LLC, a Washington limited liability company ("the OV1lNER').
The CITY and the OWNER are'the parties to tliat certain Utility Extension
Agreement, of even date herewith ("the Agreementl, conceming that certain real
property located within the municipal boundaries of the City of Kent; King. County,
Washingfon, and legally described and depicted on EXH[BR A, attached hereto and
incorporated by tti'rs reference as if fully set forth ("the PROPERTY"), All capitalized
terms used in this Memorandum shall have the same meanings given to them in the
Agreement.
This Memorandum is intended only to give notice to third parties of the .
existence ofithe Agreement. The Agreement is on file with the CITY at Aubum City
Hall, 25 WestMain Street, Aubum, WA 98001, and ayailable for inspecfion at such
Menro. of Uliltry. F_rtension Agreerrrenl for Yerdana Properry page I .
#303013 18163-002 61002!doc 51161I003 -
,.location. Those wishing to review the Agreement should contacf the Auburn City .
Attorney.
The Agreement provides that its terms and conditions shail consiitute
. covenants running with the land constituting the PROPERTY, for the benefit and
burden of the PROPERTY, and shall be binding upon fhe successors and assigns of
the OWNER to the PROPERTY.
Among other terms and condi#ipns, and without IimEtation, the Agreement
provides that the OWNER agrees to undert ake the cflnstrucfion, installation, or other
implementation of certain mitigation measures in connecfion with the OWNER's
contemplated development of the PROPERTY as the Plat af Verdana:
Among other terms and conditions, and also withoufilimi#ation, the Agreement
further provides as follows:
SECTION 3: PROVISION OF SEWER SERVICE; POTENTIAL ANNEXATION
3.1. The CITY agrees to provide permanent sanitary sewer service. to the PROPERTY, and to the dwelling units and any public restrooms that may
ultimately_ be constructed in the Developer's propased Plat of Verdana on the
PROPERTY. Such agreement to provide sanita .ry sewer service is conditioned
upan the C1TY's receiving a franchise from'the City o# Kent permitting the CITY
to lacate and aperate sanitary sewer lines and facilities in Kent rights of way.
Such sanitary sewer service will be provided inaccordance with the CITY's
adopfed design and construction standards, comprehensive plan - and any
, implementing and applicable sanitary sewer utility plans and policies adopted by
the CITY and in effect as of the date of this Agreement. The CITY agrees to
provide such sanitary sewer service noiwithsfianding any, amendment by the
CITY to such pians and policies . after the date of this Agreement that is inconsistent with the provision of such sanitary sewer senrice as set forth
herein.
3.2. At the OWNER's request at any time after the date of this Agreement, the CITY
will promptiy issue a certifieate of sanitary sewer availability to the OWNER for
submiftal to the City of Kenf, and the CITY will from time to time and at the
OWNER's reques# issue updated certiflcates of such availability to the OWNER.
AO such certificates will be expressly subject only to both of the following
conditions: .(a) the CITY's standard conditions. of providing sanitary sewer
serviee, as customarily set forth in its certificates of sewer availability;; and
(b) the OWNER's obllgatian to design, `engineer, and construct the
infrastrucfure necessary to connect the PROPERTY to the CiTY's existing .
sanitary sewer system. '
Menro. of Utility Exlerrslon Agreement for Verdana Properry page Z
9303013 18163-042 6ht1821 doc.
. r . '
3:3, Except for its standard sanitary sewer system development charge, pemnit fee,
and any applicable. charge in lieu of assessment and/ar payback charge to be
levied by the CiTY againsf the OWNER befare or at the time the PROPERTY
connects to the C{TY's sanitary sewer system, and except for a reasonabie sum
that the CITY may require fram the OVNNER as considerafion for entering into a
developer extension agreement for such sanitary sewer service, the CITY wiU
impose no other assessment, fee, or charge of any kintl on the OWNER or its
successors and assigns as a condition of, or prerequisite for, connecting the
PROPERTY to the CITY's sanitary sewer system,
3.4. At all times after the PROPERTY is cannected to the CITY's sanitary sewer
system, the CITY wiit.charge sanitary sewer customers.within the PROPERTY
oniy those then-prevailing monthly fees and :charges (as the CtTY may adjust . t}iose fees and charges from time to time) that the CITY charges its sanifary,
sewer customers. (Note: Ifi the PROPERTY is outside the city limits, there will
be a utility surcharge. If the PROPERTY is annexed to the City, ft will not be
. subjec# to the surcharge.)
3.5. In consideration and as a canditon of the, provision of CITY sewer service, the
OWNER Stiali fuily cooperate with and agree to the annexation (which sha(I ,
include all types and manner of annexation) of the PROPERTY to the CITY, as follows:
3.5.1. The OWNER, shall, whenever so requssted, sign any letter, notice,
petition er o#her jnstrument initiating, furthering or accomplishing the
annexation of the above-described PROPERTY to the CtTY. 3.5.2. The OVIINER, shail, whenever so requested, actively promote such
annexation, and shall :not aat or speak in any manner #o avoid
annexation, or cause others to avoid or reject annexation. 3.5.3. The OWNER, by accepting the terms of this Agreement, grants to the
CITY an irrevocable power of attomey to execute any annexation
documents on the OWNER'S behalf or as may be necessary to
complete the. annexatian so tong as the CITY remains a municipal
corporation ,
16 It is further. agreed and. understood that. in ' the event af any breach of this
Agreement to annex, the CITY may terminate the proyision of sewer service ta : the PROPERTY:
Menia. oj UJiliry Eztension Agreement for Yerdqt7a Property page 3
N303013 18163-002 61it1021 doc'
•SECTION 4: LOCAL IMPROVEMENT DISTRICT
In consideration and as a condfian ofi the pmvision of CITY sewer service,
the OWNER agrees thaf if at any future time the PROPERTY is no longe'r part of the
City of Kent, then the OWNER shaN sign, petitipns far and participate in any Local
Improvement District that may be proposed in the futufe in accordance with
then-existing !aw for any. and all public street improvements consisting af curb and gutter, sidewalks, street lighting, storm drainage, and/or paving benefiting the
PROPERTY, whether initiated by CfTY-ar by property owners in the vicinity of the
PROPERTY. To this end, the OWNER agrees as follows:
4.1. The OWNER, sha(I, whenever so requested; sign any letter, notice, pebtion or
other instrument initiating, furfhering or accompiishing the Local Improvement
District encompassed fi herein; provided, however, that at the time of any such.
request the PROPERTY must no longer be part of #he City of Kent.
4.2. The OWNER, shali, whenever so requested; actively promote such Local - Improvement Districf, and shall not act or spea.k in any manner tp avoid the
: Local Improvement District, or cau'se athers to avoid or reject the Local
Improvement District
4.3. The OWNER, by accepting the terms of this Agreement, grants to the CI7Y an -
irrevocable power of attorney te execute any Local Impravement District
documents on OWNER'S behalf or as may be necessary to comp[ete, 'inifiate,
or enforce the Local lmprovement District so long as the C(TY remains a
municipa{ carporation; provided, hawever, that the CIN shall nat exercise such
power of attomey so long as the PROPERTY remains part of the City of Kent.
M_
ento. of Utl/iry Extei~sion Agreement joc Verdana Property
page d
N303013 18153•002 6ht1021doc
. IN WITNESS WHEREOF, the parties have executed this Memorandum the
. day and year first above written.
CITY
4
~
By Pete B.' wis, Mayor
Attest:
.
Danielle E. Daskam, City Clerk
Appraved as to Form:
4Beck, J eph NAssistant City Attorney
KENT 160 LLC
By BRNW, Inc., a Washington corporation
Its Managing Member
_ By_
Brian Ross, President
Me»ta of Ulility Ertensi.on Agreement. for Verdanb Property page S
#303013 16163-002 6ht1021doc ,
STATE OF
WA3HINGTON ss-
COUNTY OF KING
" On this day personally appeared before me BRIAN ROSS, to me known to be
the President of BRNW, Ine., the Washington corparation that; is the Managing.
Member af KENT 160 LLC, the Washington Gmited liabil,iiy company that executed
the foregoing instrument, and acknowledged such instrumenYto be the free and
volun#ary act and deed of such limited liability company; for the uses.and purposes
therein mentioned, and on oath stated thaf he was duiy autharized to execute such instrument.
GIVEN t1NDER MY HAND AND OFFICIAL SEAL tF11S /L "8y Of
, 2005.
. , . Bec-L
,
BECKY L. PAKlNAS printed me
A'al
STi41'E,oF wASHiNGTOtv ' NaT;aRr PuBUC and for the State of Washington,
NQTARY - • - puBUC . residing at .
arr coMnaisstoN ~RW 051" My Commissb n Expires
Menro of Utlllty Exlension Agreenrent for Yerdana Property page 6
d303013 18163-002 6ht1021 doc
vERoANA ~'X#~i31T A rau►o rae: 03.a4
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LEGAL DESCRiPT10k TOTAL PARCEL MAY 12. 2005
TF1AT PORTIObI OF TM WE3T NALF OF SECTION 4. TOWNSHIP 21 NORTH, RANpE,S EAST. W.M. .M
KUd(i OOUNTY, WASH1Nf3TDN, AND THAT PORTION OF THE SOUND TRUSTEE COMPANYB FHlRD
ADWAON, ACCORDINCi TO THE PLAT 7iiEtEDF RECORpED pV VOLUME 13 OF PLATS, PACiE tOD. IN
MNti COUNTY. WASHING70N. DESCRIBEO AS FO.LOWS: '
COMMENCING AT THE NORTH QUAR'YER CORNER OF 3AID SECTtON 4;
THENCE NdRTH 88'58'11' WEST ALONO THE NORTH IINE OF (iOVEFtrYNENTiOT 3 IN SAID SECTIpN 4.
A DISTANCE OF 285.00 FEET TO THE TRUE? POINT OF BEGINNINO OF THE HEREIN DESCRIBW PARCEL;
THENCE SOUTH 01'36'48" WEST. PARALLB.. WfTH THE EA37LINE OF SAID WEST HAI.F, 272D0 FEET:.
THENCE &OIFI'Fi 88'58'11' EAST. P/4RALLEL WITH THE NORTFt LINE OF SAID CiOVERNMENT LOT 8. A
DISTAMCE OF 100 00 FEET:.
THENCE SOUT1101'3B'48' VYEST, PARALLEL WITH THE EAST LINE OF SAID WEST HAl.F.114 06 FEET;
TH81CE SOU1?i 86'58'11'. EAST, TARAI.Lp. WtTH 7HE NQRTH LINE OF SAID C30VERNMENTIOT 3, A
DISTANOE OF 15800 FEETTO THE WEST LINE OF THE EAS'f 30.00 FE~N OF THE NDRTH FIALF ~ SAID
WEST WU:F AL30 BEINO THE WESTERLY RKaHT OF WAY lME OF 124 qVE1VUE SOUTNEAST;
THENCE SUU71i 0i'W48' WEST, ALON(3 SAIDYVES'f LiNE AND SAID WESTERLY RiGHT OF WAY LME.
1998.88 FEETi
TFIENCE SOUTH 0139W WEBT ALONG THE 1NEST UNE OF THE EAST 9D.O~EE7' OF THE SOUTH
HALFOF SAID WES7 FWLF AND &UD YVES7EF~.Y RIGFfr OF WAY LINE OF 124 AVENUE SOUTFIEAST. A
DtBTANCE OF 2660.03 FEET. TO A POINT OF CURVE; -
7HENCE SOUTHWESTERlY. ALbNO SAID CURVE, HAVINO A RADiU3 OF 40.00 FEET, THROUGH A
• CENTRAL AN6LE OF 80'2828', AN ARC DISTANCE OF 8318 FEET. Td A POINT ON THE NORTHERLY
RO(T OF WAY LINE OF SOUTHEAST 3p4TM BTREET;
THENCE NQRTH 87'S2'03' W EST, ALdNG &AID NORTHER.Y RIOHT OF V11AY.LItJE, 496. BD FEET TO THE
MOST EASTERLY CORNER OF THE PLAT,OF CRYSTAL M6ADOW5 AS RECOFtDEp IN VOLUME 184 OF
PLATS. PAGES BB AND 67. RECaRDS OF KINti COUN7Y. WASH(NGTOft
THENCE NO21'H 23'1fi'OB' WEST, ALOtdG THE MOST FJLSTERLY LWE OF SAID PLAT; 884A8 fEET;
1'HENCE NORTH 7737'63' WEST, ALONG THE MOST MdRTHERLY UNE OF: SAID PLAT, 486.83 FEET TO
THE EAST,LINE QF'FRACT 11 DPTHE PLAT OF THE SOUND TRUSTEE CQMPANYS THIRD AMtTION. AS
RECORDED IN VQWME 130f PIAT&, PAGE.100, RECOfiDS OF KING COUtJI'Y; ,
THENCE BGUTH 01'23 3S' WEST. ALONt3 SA1D EA6T LINE, 34.32 FEET Tp A POINT ON SAID EAST LINE
TFV1T f5 50.00 FEEI' NORTH OF THE SOIJTHEAST CORNER OF SAID TRACT WHEN MEASURF.D ALONG
SAtD EAST UNE; •
TNENCE NORTH 24•0611' WEST 312.51 fEET TO A POIM DN THE NORTH LINE OF THE SOUTH HALF
OF SAID TRACT 1 f. SAID P.O1NT BHNti 136 00 FEET VYESTEFtLY OF THE NQRTHEAST CORNER aF SAIO -
SOUTH HALF, WHEN MEASURED AlONG SAtD NORTH LpVE;
T}IENC.E NDRTH 28'4719' WEST 377.25 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT i t:
THENCE NORTH 01'3D'12' EA9T, Al.ONG.7HE WEST lWE OF THE EAST FWLF OF TRACT 10 OF SAID
?LA7, A O1STANCE OF 132.00 FEET TO THE NQRTFt ItNE OF THE SOU7H 120.00 FEET OF SAID TR4CT
THENCE NORTH BB'O7'34` WEST, ALONG Sqlp NOR7H LINE, 3i8 73 FEE'f TO THE WE3T UNE QF SAID
TRncr Ia,
.
THENCE NORTH 0710'St' WEST, ALOWCa THE WEST LINE OF TRACTS 10 AND 9 Itd SAID PLAT. 1193.45
- FEET TO THE NORtNWE8T CDRNER OF SAID TftACT 9;
THENCE SOUTH 87•49'l8' E49T: ALONO THE NORTH UNE OF SAID TRACT 8, A DISTANCE OF 828.64
FEET TO THE NDR7NEAST CORNER OF SAtD fiRACT 9;
THENCE NORTH 01'83'O9' EA6T, AI.ON(i THE EAST LINE OF SAId FIAT. 1323 32 FEE'Y. TO THE
NORTHEAST CORNBR OF SAID PLAT, '
niENcE NORTH srsroa` WE3T, ALaNG THE MORTH LINE OF SAID PLAT,13.17 FEET TO THE WEST
I.INE QF OOVERNMpVT LO7 3 OF 6EC7ION 4, TOWNSHIP 21 NORiH, RIINGE 8, EAST, W. M.;
THENCE NOR'TFi 01'41'41' EAST; ALONG SAID WEST tfNE.1095.34 FEET TO THENORTHWEST CORt~ER
OF SAID COVERNMEM' LGT.3; ,
THFJdCE SOUTH 88•58'11' E4ST, ALONG THE NOR1N LINE OF SAIC GQVERNMENT LOT 3.1030 65 FEEP
TO THE TRUE POINT OF 9EGINNING:.
WRIITEN' ARJ
CHECKED: M'f5E C ~ 8
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TRIAD 1=112115-,,M~NE nwaft wasi"tm "W"623
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