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RESOLUTION NO.3 8 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN OUTSIDE UTILITY EXTENSION
AGREEMENT BETWEEN THE CITY OF AUBURN AND HAZEL
HEIGHTS, LLC, FREMANTLE DEVELOPMENT, BAIMA AND
HOLMBERG, AND DAVID AND CLEMENCE BAKER FOR
EXTENSION OF WATER AND SEWER SERVICES TO
PROPERTY LOCATED AT 11112 SE 304TH STREET
WHEREAS, pursuant to RCW 35.67.310, RCW 35.91.020 and RCW
35.92.170, cities are authorized to enter into agreements to extend utilities to
property outside the corporate limits of the City, and to develop projects
whereby, pursuant to negotiated agreements, 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, Hazel Heights LLC, Fremantle Development, Baima and
Holmberg, and David and Clemence Baker have a project for which water and
sewer services are needed, the location of which is 11112 SE 304th Street; and
WHEREAS, it is advantageous for the City and the Developer to reach
agreement on the conditions and applicable standards so that the development
requirements can be planned with certainty, not only as to the more immediate
Resolution NO.386?
June 30, 2005
Page 1
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 City's Outside Utility Extension
Agreement would be able to assure such consistency, while at the same time
fixing requirements for future planned phases; and
WHEREAS, pursuant to Section 14.18.020 et seq. of the City Code and,
a public hearing before the Auburn City Council Planning and Community
Development Committee was held on the 27th day of June, 2005, on the
proposed Outside Utility Extension 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 an Outside Utility Extension Agreement with Hazel Heights LLC
and David and Clemence Baker for extension of water and sewer services to
the development property located at 11112 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.386?
June 30, 2005
Page 2
and Hazel Heights LLC, Fremantle Development, Baima and Holmberg, and
David and Clemence Baker for the extension of water and sewer services to
property located at 11112 SE 304th Street, 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 outside utility extension agreement with
the real property records of King County, Washington, applicable City codes.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this Sr.Yday of ~
CITY AUBURN
, 2005'.
~
PET R B. LEWIS
MAYOR
ATTEST:
;(~Z/at2dk~
'Da ielle E. Daskam,
City Clerk
Resolution NO.386?
June 30, 2005
Page 3
API7.ROVEDW> TO FO{M:
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Daniel B. Heid,
City Attorney
Resolution NO.386?
June 30, 2005
Page 4
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KING COUNTY, WA
Please print or type information over t (RCW 65.04)
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Reference Number(s) of Documents assigned or released:
Additional reference #'s on page _ of document
Grantor(s) (Last name, firstname, initials)
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2. ,
Additional names on page Ii . I J of document.
Grantee(s) (Last name first, then frrst name and initials)
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2. ,
Additional names on page _ of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
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Additional legal is on page .!!t-- of document.
Assessor's Property Tax Parcel/Account Number o Assessor Tax # not yet
assigned
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The AuditorlRecorder will rely on the infonnation provided on the form. The staff will not read the doc1Dnent 10
verify the accuracy or completeness of the indexing infonnation provided herein.
WASHINGTON STATE RECORDER'S C Shee
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original docwnent.
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Signature of Requesting Party
Return Address: Cify at Auburn
Plannina Dept. 25 West Main Street
Auburn, WA 9800]
WSC04-00 15
Parcel Nurnberlsl 052105-9039
Additionalleaal on paae 14
OUTSIDE 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 Mr.
Steve Jewett, Hazel Heights, LLC; Dennis Johnson, Fremantle Development; and
David and Clemence Baker, 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
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.
1. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
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
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limited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
104. This Agreement to extend water and sewer services outside the
corporate limits of the CITY is authorized by RCW 35.67,310, RCW 35,91.020 and
RCW 35.92,170, and shall not be construed as an agreement pursuant to RCW
82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied
hereto. The OWNER hereby acknowledges the authority of the City to enter into
utility extension agreements pursuant to RCW 35.67.310, RCW 35.91.020 and RCW
35.92,170, and as part of the consideration of the City entering into this
agreement, and the concessions and accommodations of standards otherwise
applicable, the OWNER covenants not to challenge this agreement or the
authority under which it was made. The OWNER also hereby acknowledges that
neither this Agreement nor the action of the CITY to make and/or approve this
Agreement constitutes a land use decision within the meaning and purpose of
the Land Use Petition Act (LUPA), pursuant to RCW Chapter 36.70C. The
concessions and accommodations negotiated by the parties in this Agreement
included, but are not limited to:
1. Storm
A. The pond setback may be reduced from 20 feet to 5-15 feel.
dependinq upon the location. This is supported by an abundance of landscape
plantinas proposed as a means of screeninq the facility.
B. The applicant's proposal places the pond fencinq from a
location within the pond side slope area to the outer perimeter of the pond
Tract A. This is a reauirement of Kinq County, and qiven the proposed layout of
the pond, will actuallY facilitate future maintenance.
2. Traffic
The reauest to a 55-foot horizontal centerline radius is supportable due to the
fact that the road in auestion is a low speed. short distance road.
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.
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1,6. The CITY'S Comprehensive Plan requires annexation or a
commitment to future annexation and compliance with certain other conditions
as a prerequisite for the extension of utility service outside the corporate limits of
the CITY.
1.7. Washington law recognizes a City's requirement of an annexation
agreement or a commitment to future annexation as a condition of extending
utility service outside the corporate limits of the CITY.
1,8. Extension of utility services beyond CITY limits is subject to the
authority of the King, County Boundary Review Board, and said Board requires
that such extensions be conditioned on annexation or efforts toward
annexation,
1.9. 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 .10. 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 .11. The OWN ER' S request for the extension of utility services was duly
considered by the CITY, and it was determined that the furnishing of water and
sewer services to the PROPERTY would be proper upon the fulfilling of all
conditions and covenants herein.
1,12. The OWNER does hereby acknowledge that in the event of violation
or breach of the terms of this OUTSIDE UTILITY EXTENSION 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: 11112 SE 3041h Street, Auburn WA.
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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. PETITION AND COVENANT FOR ANNEXATION
The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby petition, agree and covenant as
follows:
3.1. The OWNER does hereby apply for and petition for annexation of
the PROPERTY to the CITY and thereby agrees, promises and covenants that if at
any time the PROPERTY is included within any area which is being considered for
annexation to the CITY, said OWNER does join in said annexation and by this
PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition
referred to herein is irrevocable. The OWNER recognizes and agrees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be
included as a property to be annexed in the event the PROPERTY is within a
proposed annexation area.
3.2. The OWNER agrees to execute all necessary documents such as
applications, letters, notices. petitions or other instruments initiating, furthering or
accomplishing the annexation of the PROPERTY to the CITY, whether or not the
annexation involves the assumption by the area to be annexed of existing CITY
indebtedness, the application to the area to be annexed of the CITY
Comprehensive Plan and land use controls, and such other conditions as the
CITY may lawfully impose. The OWNER, for him/her/themselves and for
his/her/their heirs. successors and assigns, agrees and covenants with the CITY,
and to the present and future owners of the PROPERTY to which this covenant
relates. that this agreement is to constitute a covenant running with the land.
and shall burden such land that he/she/they shall, whenever so requested,
execute such letters, notices, petitions or other instruments, Owner agrees to
immediately record this document and specifically advise future interests in the
property.
3.3. The OWNER recognizes that the laws of the State of Washington
relating to the annexation of property by a city provides that property may be
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annexed to a city if property owners, equal to sixty percent of the assessed
value of property within the area proposed to be annexed, sign a petition for
such an annexation.
3.3.1 The OWNER further recognizes that other methods of annexation are
allowed under the laws of the State of Washington, including the election
method.
3.4. The OWNER understands that the OWNER'S signatures on this
Agreement is an admission that the OWNER understands the certain rights which
the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving
such rights in consideration of receiving the described utility services,
3.5. The OWNER understands and agrees that upon annexation by the
CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and
on the same basis as property within the CITY is assessed and taxed to pay for
any then outstanding indebtedness of the CITY which was contracted prior to, or
existing at, the date of annexation.
3,6 The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby
designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to
the CITY, with full power to do and perform any proper act which the OWNER
may do with respect to the annexation of said real property. The CITY may
exercise this power through its City Clerk or otherwise as the CITY COUNCIL may
direct. This Special Power of Attorney is given for the valuable consideration of
the furnishing of water and/or sewer service by the CITY, and this Special Power
of Attorney is further given as security for performance of the annexation
covenant obligation set forth herein. This Special Power of Attorney is not
revocable and shall not be affected by the disability of the principal.
3.7 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.
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4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF
APPROVAL
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. Water
The water line shall be looped through the property via extending the 8" water
line from Tract "E" to SE 304th Street. Utility easements, westward from Tract "D"
and northward from Tract "c" for possible future extension of the water system
and elimination of dead ends will also be required under authority provided by
ACC 13.16.090 "Dead End Mains Prohibited".
4.2, Sewer
A. Eight (8) inch sanitary sewer mains shall be extended from
112th Avenue SE upon public roadways and city easements to provide a
sanitary sewer main line to service the proposal. No off-site extension is required.
No build through of the sewer lines to service adjacent unserved parcels shall be
required.
B. The applicant shall verify whether the existing sanitary sewer line
upon 112th Avenue SE is at a sufficient depth to service the proposed lots via
gravity mains. Individual grinder pumps shall not be allowed. City standards for
the construction of sanitary sewer lines shall be followed including that the
maximum length of side sewers shall not exceed 150 feet from the main line to
the house,
C, Service is subject to paybacks and easements.
4.3. Storm Drainaae
The storm drainage system shall be built to City of Auburn Standards as
depicted in the applicant's site plan (revised date of 6/10/05) with exception of
the modifications provided for below.
4.4. Traffic
A. Half street improvements on 112th Avenue SE and SE 304th
Street shall be constructed to City of Auburn standards. 112th Avenue SE shall
be constructed to City of Auburn standards for a residential collector arterial.
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B. The intersection spacing of Road A from SE 301 st Way and SE
304th St. shall meet city standards.
C. Road A shall be constructed to City of Auburn standards for a
local residential road.
D. No direct lot access shall be allowed to either 112th Ave SE or SE
304th Street.
E. Access tracts shall meet city standards with respect to length,
width, improvement and number of lots served.
F. Street lights shall be provided in accordance with city standards,
To provide for the modification related to the horizontal radius curve at Road A,
the development's entrance and the curve itself in Road A and in the vicinity of
Tract Band C shall be adequately lighted with new street lighting installed by
the applicant.
4.5. Fire
A. Road A and Tracts C, D, E, F shall be posted as fire lanes in
accordance with IFC 503.2.1 and ACC 10.36,175,
4.6, Other
A. The calculation and amount of any impact fees, including
those for roads and parks, paid to King County shall be reported to the City.
B.
complied with.
All other applicable City development standards shall be
1. Storm
A. The pond setback may be reduced from 20 feet to 5-15 feet.
depending upon the location. This is supported by an abundance of landscape
plantings proposed as a means of screening the facility,
B. The applicant's proposal places the pond fencing from a
location within the pond side slope area to the outer perimeter of the pond
Tract A. This is a requirement of King County, and given the proposed layout of
the pond, will actually facilitate future maintenance.
2. Traffic
The request to a 55-foot horizontal centerline radius is supportable due to the
fact that the road in question is a low speed, short distance road.
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5. GENERAL PROVISIONS
The OWNER and the CITY do hereby aCknowledge and agree to
the tollowing 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 properly
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
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 OUTSIDE UTILITY EXTENSION
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
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harmless from any claims that any subsequent purchaser may have as a result
of this Agreement, including CITY's attorney tees 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, PROVIDED
that the extension of utility services by the CITY is expressly conditioned upon the
OWNER and DEVELOPER making the improvements to the PROPERTY in
accordance with the standards described herein; and Failure of the OWNER
and DEVELOPER to do so as promised shall terminate any responsibility on the
CITY's part to provide such utility services,
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.
IN WITNESS WHEREOF, the OWNER and the CITY
Agreement as of thi~ day of n-' 2005.
CITYOF~ ~
PETER B. LEWIS
MAYOR
ATTEST:
hereto have executed this
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Danielle Daskam
City Clerk
STATE OF WASHINGTON )
) ss
COUNTY OF KING ) ~
On this J 8 f-<-. day of ~ ' 2005. before me,
the undersigned, a Notary Public in an for the St e of Washington, duly
commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM,
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. n~c1-~~p.p.-/
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Developer: Hazel Heights, LLC
BY REPRESENTATIVE:
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Mr,' teve ewltt
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STATE OF WASHINGTON )
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COUNTY OF KING )
On this 07.-? day of :July .2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Steve Jewett the Representative of
Hazel Heights, LLC 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 hereunt.p set my hand and affixed my official seal
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RES 3867 .
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Developer: Fremontle Development
BY REPRESENTATIVE:
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Mr. Dennis Johnson
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COUNTY OF KING) ,
On this ,.):J day of J{ ,d Y , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Dennis Johnson, the Representative of
Fremontle Development, 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. l 17 j /
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RES 3867
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BY Owner:
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David Baker Owner
BY Owner:
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Clemence Baker Owner
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COUNTY OF KING )
On this ,-95 day of J{..d y , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared David Baker and Clemence Baker 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'A.~' f~
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STATE OF WASHINGTON
NOTARY PUBLIC in and for the State of Washington,
residing at ~ I~
MY COMMISSION EX ES: /CJ II y Ius
. .
RES 3867
WSC04-0015
07/19/05
Page 13
'.
ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NUMBER 052105-9039 IN SECTION NO. 05-T21-R5E DESCRUBED AS
FOLLOWS:
THE SOUTH HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER; LESS COUNTY ROAD; LESS COAL AND
MINERAL RIGHTS
................................................................................................................................................
RES 3867
WSC04-0015
07/19/05
Page 14