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RESOLUTION NO. 3 9 0 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A THIRD AMENDMENT
TO THE LAKELAND ANNEXATION AND UTILITIES
AGREEMENT BETWEEN THE CITY AND EVERGREEN
TUCCI PARTNERS, LLC, APPLYING ALL PROVISIONS OF
THE AGREEMENT TO LANDS ADDED TO THE ORIGINAL
LAKELAND HILLS PLANNED UNIT DEVELOPMENT
WHEREAS, the CITY and THE LAKELAND COMPANY, INC., entered
into the Lakeland Annexation and Utilities Agreement in June 1996, which
agreement was approved by the Auburn City Council under Ordinance 4867;
and
WHEREAS, the Lakeland Annexation and Utilities Agreement was
amended in May 1998, which Amendment to the Lakeland Annexation and
Utilities Agreement was approved by the Auburn City Council under Resolution
2955; and
WHEREAS, the Lakeland Annexation and Utilities Agreement was
further amended in September 2000, which Amendment to the Lakeland
Annexation and Utilities Agreement was approved by the Auburn City Council
under Resolution 3250; and
WHEREAS, in December 2004, the Auburn City Council amended the
City of Auburn Comprehensive Plan to recognize the incorporation of an
additional approximately 77 acres into the Lakeland Hills South Planned Unit
Development; and
Resolution No. 3908
September 1 , 2005
Page 1
WHEREAS, the additional 77 acres was annexed into the City of Auburn
corporate limits in August 2005 by Ordinance 5932 and pursuant to Auburn City
Code 18.02.050, said lands were zoned R1 Single Family Residential at the
time of annexation; and
WHEREAS, Evergreen Tucci Partners, LLC., have filed for a rezone of
these 77 acres to Planned Unit Development - Lakeland Hills South Special
Plan Area; and
WHEREAS, the City of Auburn Hearing Examiner conducted a duly
noticed public hearing on the requested zone change on August 9, 2005 and
subsequently issued a recommendation of approval to the Auburn City Council,
with a condition that the Lakeland Annexation and Utilities be amended prior to
the rezone becoming effective; and
WHEREAS, Evergreen Tucci Partners, LLC has acknowledged that the
total number of dwelling units anticipated to be constructed within the expanded
Lakeland Hills Planned Unit Development will not exceed the original projection
of 3408 dwelling units;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute the Third Amendment to the Lakeland
Annexation and Utilities Agreement with Evergreen Tucci Partners, LLC. in
substantially the form of the copy of said Agreement is attached hereto,
Resolution No. 3908
September 1, 2005
Page 2
denominated as Exhibit "A" and made a part hereof as though set forth in full
herein.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Resolution shall be in full force and effect upon
passage and signatures hereon.
DATED and SIGNED this ~ day of
-
----
-----.,
B. LEWIS, MAYOR
ATTEST:
124/Sp( dLJ~
anielle E. Daskam, City Clerk
Resolution No. 3908
September 1, 2005
Page 3
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PIERCE COUNTY. WASHINGTON
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Grantor(s) (Last name first, then first name and initials):
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Legal Description (Abbreviated: i.e., lot, block, plat; or section, township, range):
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Reference Number(s) (Of documents assigned or released):
o Additional Reference Numbers on Page of Document
Assessor's Property Tax Parcel/Account Number
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The Auditor/Recorder will rely on the information provided on this cover sheet. The staff wiD not read
the document to verify the accuracy or completeness of the indexing information provided herein.
! ~
THIRD AMENDMENT TO
LAKELAND ANNEXATION AND UTILITIES AGREEMENT
.iIJ
This Agreement is entered into this h vday of September ,2005 by and between
the CITY OF AUBURN, a municipal corporation organized under RCW Title 35A,
Optional Municipal Code, hereinafter referred to as "CITY" and EVERGREEN TUCCI
PARTNERS, LLC, a Washington limited liability corporation, successor to TIlE
LAKELAND COMPANY INC., it heirs, successors and assigns and all related entities
and/or owners jointly and severally and their marital communities, including all parties
that have an interest in the property affected by the Third Amendment to the Lakeland
Annexation and Utilities Agreement, whose address is 1302-B Puyallup Street, Sumner,
Washington 98390, herein referred to as "ETP".
WHEREAS, the Lakeland Hills South Planned Unit Development has historically
included approximately 685-acres of land for the development of a mixed use planned
community consisting of not more than 3,408 dwelling units; and
WHEREAS, the CITY and TIlE LAKELAND COMPANY, INC., entered into
the Lakeland Annexation and Utilities Agreement in June 1996, which agreement was
. approved by the Auburn City Council under Ordinance 4967; and
WHEREAS, the Lakeland Annexation and Utilities Agreement was amended in
May 1998, which amendment to said Agreement was approved by the Auburn City
Council under Resolution 2955; and
WHEREAS; it is the intent of this Agreement that the Agreement recorded in
Pierce County Washington under Recording No. 9608120131 and amended by the
Second Agreement recorded under Pierce County Recording No. 2000 I 0050617 shall
remain in force and effect, except as specifically referenced by this Agreement; and
WHEREAS, said Agreement provides for the payment of traffic mitigation fees,
fire service impact fees, park dedication requirements and general land development
requirements associated with the development of up to 3,408 dwelling units; and
WHEREAS, this Agreement and the requirements for monetary payment to the
CITY under this Agreement were specifically requested by THE LAKE LAND
COMPANY, INC., to result in a more marketable development, and ETP affirms any
payments are acknowledged by both parties as being placed in the Agreement unilaterally
and are not considered payments or subject to the provisions ofRCW 82.02.020; and
WHEREAS, the CITY annexed approximately 270-acres of land contiguous to
the Lakeland Hills South Planned Unit Development under Ordinance No. 5932 in
August 2005; and
WHEREAS, ETP is a party of interest in seventy-seven (77) acres of said
annexed land, that has come to be commonly known as "Lakeland East"; and
WHEREAS, said ETP and its agent, in anticipation of the aforementioned
annexation applied for and were granted an amendment to the City of Auburn
Comprehensive Plan Land Use designation and a two hundred fifty (250) unit increase in
the maximum number of dwelling units, approved the Auburn City Council in December
2004 under Ordinance No, 5891; and
WHEREAS, ETP's basis for making the request to amend the underlying
comprehensive plan land use designation was to support an expansion of the Lakeland
Hills South Planned Unit Development; and
WHEREAS, ETP has concluded that based on existing approvals, completed
subdivisions and current projections, only 2,676 dwelling units will be constructed within
the original 685-acres Lakeland Hills South Planned Unit Development, 732 units less
than the original maximum of3,408 units; and
WHEREAS, ETP acknowledges that based on current development trends,
projections and the environmental constraints of "Lakeland East", that it has no plans
effectively utilizing the additional units authorized for the "Lake land East" acreage
referenced under Exhibits "1" and "2" of this Agreement and therefore, the total unit
count for the expanded Lakeland Hills South Planned Unit Development will not exceed
the original 3,408 dwelling units; and
WHEREAS, ETP agrees to amend the official "Lakeland Hills Map" to indicate
the total number of dwelling units projected for the Lakeland Hills South Planned Unit
Development will not exceed 3,408 units and the area of the Lakeland Hills South
Planned Unit Development has increased by the aforementioned 77-acres for a total
project area of approximately 762-acres.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED, THE PARTIES AGREE AS FOLLOWS:
I. LAKELAND ANNEXATION AND UTILITIES AGREEMENT
The parties reaffirm the terms and conditions of the Lakeland Annexation and
Utilities Agreement recorded under Recording No. 9608120131, except as previously
amended under separate agreement or specifically amended herein,
This Agreement affects that additional real property identified on the map attached
hereto and incorporated by reference as Exhibit "1" and legally described on attached
Exhibit "2", said real property which will be hereinafter referred to as "Lakeland East".
2. TOTAL DWELLING UNIT CAPACITY.
The total number of dwelling units to be constructed within the expanded Lakeland
Hills South Planned Unit Development shall not exceed 3408 units.
3. REMAINING PROVISIONS
All of the remaining provisions contained in the Lakeland Annexation and Utilities
Agreement as subsequently amended, remain in full force and effect.
J~
PETER B, LEWIS
MAYOR
.-->
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ATTEST:
~M{~~
D . lIe E. Daskam,
City Clerk
D 'eIHei~
City Attorney
\
EVERGREEN TUCCI PARTNERS, LLC
BY: INVESTCO FINANCIAL
CORPORATION, MANAGER
By:
STATE OF WASHINGTON)
)ss
COUNTY OF PIERCE )
On the 7th day of September, 2005, before the undersigned Notary Public in and
for the State of Washington, duly commissioned and sworn personally appeared Martin
D. Waiss, to me known to be the President of Investco Financial Corporation, the
manager of Evergreen Tucci Partners. LCC, the corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the same on behalf of the corporation,
GIVEN UNDER ~~\\,fficial seal the date hereinabove s
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Exhibit 2
Pierce County Parcel Number 0520053015
THE SOUTH HALF OF THE FOLLOWING DESCRIBEO PROPERTY:
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5,
TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIOIAN, IN PIERCE COUNTY,
WASHINGTON.
EXCEPT THE NORTH 10 ACRES OF SAID SUBOIVISION,
ALSO EXCEPT ROADS.
Pierce County Parcel Number 0520053016
THE SOUTH 1 ACRE OF THE EAST 2 ACRES OF THE SOUTH 5 ACRES OF THE NORTH 10
ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILlAMETTE
MERIDIAN,
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
Pierce County Parcel Number 0520053006
THE NORTH 1 ACRE OF THE EAST 2 ACRES OF THE SOUTH 5 ACRES OF THE NORTH 10
ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WllLAMETTE
MERIDIAN.
SI~TE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
PiercllC~unty Parcel Number 0520053041
AlL TIIAT PORT I ON OF THE NORTH HALF OF THE SOUTHrlEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER;
TOGETHER WITH ALL THAT PORTION OF TIlE soorn HALF OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 5, TOWNSHIP 20 NORTH. RANGE 5 EAST, WI LLAMETTE MERIDIAN, DESCRIBED AS
FOLLOWS:
THENCE SOUTH 89'30'01" EAST 110,58 FEET;
THENCE SOUTH 71'30'11" EAST 144.15 FEET:
THENCE SOUTH 56'36'51" EAST 61.43 FEET;
THENCE SOUTH 13'19'51' EAST 163.75 FEET;
THENCE SOUTH 24'Z7'41" EAST 405.12 FEET;
THENCE SOUTH 43'00'09" EAST l49.28 fEET;
THENCE SOUTH 34',(0'42" EAST 176.56 fEET;
THENCE SOUlll 24'23'OZ" EAST 98,40 FEET;
THENCE SOUTH 40'Z6'55" EAST 166,75 FEET;
THENCE SOUTH Z5'17'59" EAST 166,61 fEET TO A PQINT THAT IS SOUTH 05'35'44"
EAST 6Z0.46 FEET FROM THE QUARTEl! CORNER OF SAID SECTIONS 5 & 8;
THENCE SOUTH 46'06'59" EAST 45 fEET, MORE OR LESS, TO THE WESTERLV RIGHT OF
WAY OF NORTH TAPPS HIGHWAV AND THE TERMINUS OF THIS EASEMENT,
EXCEPT lllAT PORTION OF SAID EASEMENT LV/NG NORTH OF THE NORTH LINE OF THE
SOIJTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 5.
AlSO EXCEPT THAT PORTION OF SAID EASEMENT LYING WITHIN THE ABOVE DESCRIBED
Pierce County Parcel Number 0520053040
lllE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUlllWEST QUARTER OF SECT I ON 5, TOWNSH I P ZO NORTH, RANGE 5 EAST OF THE
WI LLAMETTE MER I 0 I All. IN PI EReE COUNTY, WASH I NGTON .
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORlll HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
lllENCE SOUTH 87'42'00" WEST ALONG lllE SOUTH LINE OF SAID SUBDIVISION A
DISTANCE OF 55,37 FEET;
THENCE NORlll 08'17'33" WEST A DISTANCE OF 87.73 FEET;
THENCE HORlll OZ'39'08" EAST A DISTANCE OF 78.72 FEET;
THENCE NORlll 87'48'19" EAST A DISTANCE OF 72,08 FEET TO THE EAST LINE OF SAID
SU8DIVISION;
THENCE SOUTH 02'39'08" WEST ALONG SAlO LINE A DISTANCE OF 166,16 FEET TO SAID
SOUTHEAST CORNER AIlO THE PQINT OF BEGINNING.
Pierce County Parcel Number 0520053035
LOT 2 AS SHOIVN ON THAT CERTAIN SURVEY OF A PORTION OF THE SOUTHll'EST QUARTER
OF SECTION 05, TOWNSHIP 20 tlORlll, RANGE 5 EAST OF THE WILLAl.lETTE MERIDIAN,
FILED FOR RECORD JUNE 01. 1976 IN VOLUME 14 OF SURVEYS AT PAGE 13, UNOER FILE
NO. 1313, RECORDS OF PIERCE COUNTY.
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON,
Pierce County Parcel Number 0520053028
THAT PORTION OF THE NORTHWEST OF THE SOUTHWEST QUARTER OF SECTION 5, TOI'/NSHIP
20 NORTH, RANGE 5 EAST OF THE WILlAMETTE MERIDIAN, IN PIERCE COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH ALONG THE
EAST LINE THEREOF TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WEST
ALONG THE NORTH LINE OF SAID SUBDIVISION, 470 FEET; THENCE SOUTHEASTERlV IN ^
STRAIGHT LINE TO THE POINT OF BEGINNING.
EXCEPT TIU\T PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER
RECORDING NO. 9907190049.
Pierce County Parcel Number 0520052035
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5, TOIiNSHIP 20 NORTH, RAtlGE 5 EAST, OF THE WILlAMETTE
MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINIIING AT THE SOUTllEAST CORNER OF SAIO SOUTIlEAST QUARTl:R OF THE SOUTIl'fEST
QUARTER OF THE NORTHWEST QUARTER;
THENCE AlONG THE EAST LINE OF SAID SOUTHEAST QUARTER, NORlll 01'22'18" EAST, A
DISTANCE OF 335,70 fEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88'23'37. WEST, .A DISTANCE Of 118.27 FEET;
1llENCE NORTH 17'37'29" WEST. A DISTANCE OF 120.00 FEET;
1llENCE NORTH 01'2.2'18" EAST, A DISTANCE OF 220,88 FEET TO THE NORTH LINE OF
SAID SOUTHEAST QUARTER;
1llENCE NORTlI 88'38'26" EAST ALONG SAID NORTH LINE, A DISTANCE OF 157.35 FEET
TO THE NORTIlEAST CORNER OF SAID SOUTIlEAST QUARTER OF THE SOUTHWEST QUARTER OF
TIlE NORTHWEST QUARTER;
THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER SOUTH 01'22'18" WEST, A
DISTANCE OF 335.69 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE NORTH 209.71 FEET THEREOF,
Pierce County Parcel Number 0520056017
LOT 1. PIERCE COUNTY SHORT PLAT NO, 8105130182, ACCORDING TO MAP RECORDED ON
MAY 13, 19B 1, RECORDS OF PIERCE COUNTY AUD ITOR,
EXCEPT THE WEST 51.36 FEET OF THE NORTH 208.71 FEET OF SAID LOT 1.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON
SAID SHORT PLAT.
EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 1,
Pierce County Parcel Number 0520051001
TIlE WEST HAlF OF THE NORTIlI/EST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUJlRTER OF SE(:T I ON 5, TOWHSH I P 20 1IORTH, RANGE 5 EAST OF THE
WILLAl.tETTE MERIDIAN, IN AUBURN. PIERCE COUNTY, WASHINGTON:
EXCEPT THE WEST 60 FEn THEREOF.
Pierce County Parcel Number 0520052034
A PORTION OF TIlE SOlmlEAST QUARTER OF THE SOUTHWEST QUARTfR OF THE NORTHWEST
QUARTl:R OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., RECORDS OF
PIERCE COUNTY AUO ITOR, DESCR I BED AS FOLLOWS:
BEG I N)iJ I NG ^ T THE SOUTHEAST CORNER OF SA I 0 SOUTHEAST QUARTER OF THE SOUTlfA'EST
QUARTER OF THE NORTHWEST QUARnR;
TIlENCE ALONG TIlE SOlml LI HE OF SA 10 SOUTHEAST QUARTER SOlJTK sa DEGREES OB
MINUTES 42 SECONDS WEST, A DISTANCE OF 4.58 FEET;
THENCE NORnt 17 DEGREES 37 MINUTES 29 SECONDS WEST, A DISTANCE OF 348.80
FEET;
THENCE NORm 88 OEGREES 23 MINUTES 37 SECONDS EAST. A DISTANCE OF 118.27 FEET
TO THE' EAST LINE OF SAID SOUTHEAST QUARTER OF THE SDUTHIlIEST QUARTER OF THE
NORTHWEST QUARTER;
THENCE ALONG SAID EAST LINE SOUTH 01 DEGREES 22 MINUTES 28 SECOi'/DS WEST,
335,70 FEET TO THE lRUE POINT Of BEGINNING,
SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON.
Pierce County Parcel Number 0520056022
LOT 4. PIERCE COUNTV SHORT PLAT NO. 8105130182, ACCORDING TO MAP RECOROro ON
MAY 13. 1981, RECORDS OF PIERcE COUNTY AUDITOR.
TOGETHER WITH .AN EASEMENT FOR INGRESS, EGRESS AND lITIlITI ES AS DELINEATED ON
SAID SHORT PLAT,
EXCEPT FROM SAID EASEMENT TlfAT PORTION LYING WITHIN SAID LOT 4,
SITUATE IN THE CITY OF AlI8URN, COUNTY OF PIERCE, STATE OF WASHINGTON,
Pierce County Parcel Numbers 0520053052 & 0520053053
THE NORTHEAST QllAATER OF THE SOUlllWEST QUARTER OF SECTlOi'/ 5. TOWNSHIP 20
NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN AUBURN. PIERCE COUIITV.
WASHINGTON;
EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD,
EXCEPT TliA T PORTl 011 Co/NEYED TO P I fReE COUNTY BY DEED RECORDED UNDER
RECORDING NUMBER 9907090701.
EXCEPT THAT PORTION COftVEVED TO PIERCE COUNTY BY DEED RECORDED UNDER
RECORDING NUMBER 200407150669.
Pierce County Parcel Number 0520053034
LOT 1, AS SHOWN ON SURVEY NO, 1313. FILED FOR RECORD JUNE 7. 1976 IN BOOK 14
OF SURVEYS AT PAGE 13. RECORDS OF PI EReE COUNTY AUO I TOR,
SITUATE IN THE COurfrY OF PIERCE, STATE OF WASHINGTON.
Pierce County Parcel Number 0520052037
TIlAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTIJWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE
1'I1LLAMETTE MERIDIAN, DESCRIBED AS FOLLOIYS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG THE SOUTtl LINE OF SAID SOUTHEAST QUARTER SOUTH 88'08'42" WEST,
4.58 FEET TO TilE TRUE POINT OF BEGINNING:
THENCE NORTH 17'37'29" WEST, 114.40 FEET;
THENCE SOUTH 88'15'06" WE5T, 595.55 FEET TO THE WEST LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTH 01'03'40" WEST. ALONG SAID WEST LINE 169,16 FEET TO THE SOUTH
Ll NE Of SA I D SOUTHEAST QUARTER OF THE SOUffitlEST QUARTER OF THE NOIlTHWEST
QUARTllR;
TIiENCE NORTH 88'08'42" EAST ALONG THE SArD SOUTH LINE 656,13 FEET TO THE
POINT OF BEGINNIIIG, IN PIERCE COUNTY. WASfllNGTON,
(BEING PARCEL B OF BOUNDARY LINE REVISION RECORDED UNDER RECORDING NUUBER
9003080209.)
TOGETHER WITH A 30,00 FOOT EASEMENT FOR INGRESS, EGRESS, AND UTILITIES ALL
LVING WITHIN SECTIONS 5 " 0, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE
WlllAMETTE MERIDIAN, AS DISCLOSED BV AUDITOR'S NO, 860SZ30394, WHICH IS A
RE -RECORD OF I NSTRUMEHT REcotIDEII UNllER AUD nOR'S NO, 85llZ2603B2, SA ID
EASEl,IEtlT BEING 15 FEET ON fACIt SIDE OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EAST-WEST CENTERLINE OF SECTION 5 THAT IS NORTH
88'08'42" EAST 847.25 FEET FRO>> THE WEST QUARTER CORNER OF SAIII SECTIOI'l 5;
THENCE SOlJTll 00'37' 38" EAST ",00 FEET;
THENCE SOUTH 20"13'25" EAST 279.31 FEET;
THENCE SOUTH 18'03'25" EAST 290,44 FEET:
THENCE SOUTH 24'03'25" EAST 276.22 FEET;
THENCE SOUTH 20'53'50" EAST 632.30 FEET;
THENCE SOUTH 33'27'53" EAST 115,47 FEET;
iHENCE SOUTH 06'43'03" EAST 149.89 FEET;
TIIENCE SOUtH 34'31'03" EAST 215.93 FEET;
TKEtleE SOUTH 21'04 '23" EAST 135.93 FEET:
THENCE SOUTH 51 '09' 01" EAST 51. 33 FEET;
lllENCE SOUTH 89'30'01" EAST 110.58 FEET:
THENCE SOUTH 71'30'11" EAST 144.15 FEET:
11lENCE SOUTIl 56'36'51" EAST 61.43 FEET;
THENCE SOUTH 13'19'51" EAST 163.57 FEET;
TIlENCE SOUTH 24'27'41" EAST 405,12 FEET;
THENCE SOUTH 43'00'09" EAST 149.2B FEET;
TIlENCE SOUTH 34'40'''2" EAST 176.56 FEET;
THENCE SOUTH 24'23'02" EAST 90.40 FEET;
THENCE SOUTH 40'26'55" EAST 166.75 FEET;
THENCE SOUTH 2S'l7'59" EAST 166.61 FEET TO A POINT THAT IS SOUTH 05'35'4""
EAST 620.46 FEET FROM TIlE QUARTER CORNER OF SAID SECTIONS 5 & 8;
THENCE SOUTH 46'06'59" EAST 45 FEET, IlORE OR lESS, TO THE WESTERLY RIGHT OF
WAY OF NORTH TAPPS HIGHWAY AriD THE TERMINUS OF TillS EASEMENT, IN PIERCE
COUNTY. WASH I NGTON,
Pierce County Parcel Number 0520052036
TilE SOlITlfEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SEcn ON 5, TOWNSH I P. 20 NORTIf. RANGE 5 EAST. II. M., RECORDS OF PI EReE COUNTY
AUDITOR.
EXCEPT THE FOLLOWING DESCRIBED PORTION:
BEGINNING AT THE SOUTHEAST CORNEll OF SAID SOUTHEAST QUARTER OF TlfE SOUTHllEST
QUARTER OF TlfE NORTtiWEST QUARTER;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER SOUTH 88'08'42" WEST,
660,71 FEET TO TIlE JA:ST LINE OF SAID SOUTlfEAST QUARTER OF THE SOUTHWEST
QUARTER OF TilE NORTHilEST QUARTER;
THElICE tIOR11I 01'03'40" EAST ALONG SAID II'EST LitlE 169.16 Ft'ET:
lHENCE NOR11I OO'lS'06" EAST. 595,55 FEET;
11lENCE NORTIl 17'37'29" WEST, 294.40 FEET;
THENCE NOlrnl 01"22'18" EAST, 220.88 FEET TO THE NORTH LINE Of SAID SOUlHEAST
QUARTER OF THE SOUTtllI'EST QUARTER OF THE NORTHllEST QUATER;
lHENCE. NORTH 88'38'26" EAST, 157,35 FEET TO THE EAST LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTllllEST QUARTER OF THE NORTHWEST QUARTER;
THENCE SOUTH 01'22"8" WEST ALONG SAID EAST L1I1E, 671,39 FEET TO THE POINT OF
IlEGINNlNG,
(BE ING PARCEL A OF BOUNOARY LINE ADJUSTl.IENT RECORDED MARCH 8, 1990 lINDER
RECORDING NUMBER 9003080Z09.)
SITUATE IN lHE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASIlINGTOli,
Pierce County Parcel Number 0520056014
lOT 2, PIERCE COUNTY SHORT PLAT NO, 8105130182, ACCORDIHG TO MAP RECORDED ON
MAY 13, 19B1, IN PIERCE COUNTY, WASHINGTON.
TOGETHER WITH A 30 fOOT PRIVATE ROAD AtID UTILITIES EASEMENT AS DELINEATED &~
SAID SHORT PLAT.
EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 2.
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS. EGRESS ANO UTiliTIES
INCLUDING ELECTRICITY, GAS, WATER AND TELEPHONE, OVER' AND ACROSS THE
FOLLOWING DESCRIBED PROPERTY:
mE EAST 15 FEET Of THE SOOTH EAST QUARTER OF TIlE SOUTHWEST QUARTER OF THE
NORT<<WEST QUARTER OF SAID SECTION 5, TO'IiNSHIP ZO NORT<<. RANGE 5 EAST Of THE
WllLAllETTE MERIDIAN, AltO THE SOOTH 30 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF TIlE NORTIll\'EST QUARTER OF SA I D SECTI ON 5. IN PIERCE
COUNTY, WASH I NGTllN.
EXCEPT THE SOUTH 30 FEET THEREOF,
ALSO TOGETHER WITH A NON-EXCLUSIVE EASENENT FOR INGRESS, EGRESS AND UTILITIES
OVER. UNDER AND ACROSS A STRIP OF lAND 30 FEET III V/IDTIl. THE WESTERLY lIHE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTlIWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION S, TOWNSHIP 20 NORTH, RANGE 5
EAST OF TilE WllLAMETTE MERIDIAN, IN PIERCE COUNTY. WASHINGTON;
THENCE SOUTH 86'06'42" WEST A DISTANCE OF 4.5B FEET TO THE TRUE POINT OF
BEG INN IrIG ;
THENCE IlORTH 17'37' 29" WEST A DISTANCE OF 468.BO FEET TO A POINT BEING THE
TERMINUS OF THIS WESTERLY EASEMENT LINE DESCRIPTION, IN PIERCE COUNTY,
WASH I NllTON,
ALSO TOGETHER .,TH A NON-EXCLUSIVE EASEMErlT FOR INGRESS. EGRESS AND UTI L1T1ES
OVER, UNDER AIID ACROSS A STRIP OF lANO 30 FEET IN WIDTH BEING 15 FEET ON 60TH
SIDES OF TIlE FOLLOWING DESCRIBED liNE:
COMNENCING AT THE SOUTHEAST CORNER OF TIlE SDUTHfAST QUARTER OF THE SOUTHI'IEST
QUARTER OF THE NORTIiWEST QUARTER OF SEcn ON 5, TOYINSllI P 20 NORTH, RANGE 5
EAST OF THE WlllAMETTE MERIDIAN;
THENCE SOUTH 813'08'42" WEST A DISTANCE OF 4,5B FEET;
THENCE NORTH 17'37'29" WEST A DISTANCE OF 348.80 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 88'23'37" EAST A DISTANCE OF 450.87 FEET TO A POINT BEING THE
TERMINUS OF THIS CENTERLINE EASEMENT DESCRIPTION. IN PIERCE COUNTY,
WASHINGTON.
ALSO TOGETHER WITII A NON-EXCLUSIVE EASEMENT FOR INGRESS. EGRESS AND UTiliTIES
OVER, UIIDER AND ACROSS THE SOUTH SO fEET OF THE SOUTHEAST QUARTER Of THE
SOUTHWEST QUARTER OF TilE NORTHWEST QUARTER OF SECTION S. TOWNSHIP 20 NORTH,
RANGE 5 EAST OF THE WlllAMETTE MERIDIAN. IN PIERCE COUNTY, WASHINGTON.
End of Legal Descriptions