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HomeMy WebLinkAbout20011115002078 STORM EASEMENT 111501c~ 0 rv CD 0 .n r- c~ ea r+ Return Address: City of Auburn City Clerk 25 West Main JA Ann Auburn, WA 98001 CITY OF A. fall 20011115002078 PACIFIC NN TIT 6AS 18.00 PAGE 001 OF 009 11/10/2001 15:12 KING COUNTY, IJA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (BLD01-0280 and GRA01-0013) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Lone Brothers, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn ' Legal Description/STR: SE 12-21N-04E Additional on page: Assessor's Tax Parcel ID#: 631500-0381 f .l L.P FILED BY PNWT W1y5'3 lZ THIS EASEMENT AND AGREEMENT made and entered into this P" day of jlkk~ , 20 41 , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Lone Brothers, LLC, located at 1412 `I' St. NE, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY I-or the construction of facilities at 16`h St. NW which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a storm system; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide adequate facilities for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of a storm system it is necessary to have appropriate right- of-way to bring in equipment to conduct maintenance functions; and WHEREAS, maintenance requirement is a covenant runniw't~h the land and binding upon all heirs, successors and assigns of both parties; and r~,d most were flied ta+ by PAdAc Northwest Title a` `etbn 0(dy. ►t has not beer. exembon or to icy Affam t inns tau.. Storm Water Easement and Maintenance Agreement Page I of 9 WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors and assigns of both parties as to the existence of this easement and agreement; and WHEREAS, an easement is needed to bring in maintenance equipment; and Cn r- 4= N P`- r cv WHEREAS, the parties are both desirous of permitting inspection of the storm system to make certain that it is functioning properly and for purposes of determining the appropriate repairs. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: Section 1, EASEMENT PROPERTY OWNER hereby provides an easement over, under and on that portion of the property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit Nos. BLDO1-0280 and GRAO1-0013, which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall be a burden to that real estate which is legally described and attached as Exhibit A and incorporated herein by this reference, and shall be of benefit to the City storm utility system. Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the parties. Section 3, MAINTENANCE The PROPERTY OWNER agrees to maintain the storm system in accordance with the ordinances and all applicable codes of the CITY and the Stormwater Pollution Prevention Maintenance and Operation Schedule attached as Exhibit "B" and incorporated herein by this reference. The PROPERTY OWNER does hereby agree that the CITY may enter onto the property of the PROPERTY OWNER via the easement described above to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY may enter onto the property of PROPERTY OWNER via the easement described above to perform emergency maintenance in the event of the storm system's failure which might result in adverse impacts(s) on public facilities or private facilities of other property owners. In both events the PROPERTY OWNER agrees they shall reimburse the CITY for the costs incurred by the CITY in maintaining the storm system. Should the CITY incur attorney's fees and/or costs in enforcing the agreement and/or in maintaining or collecting maintenance fees, the PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. Storm Water Easement and Maintenance Agreement Page 2 of 9 . ! ' Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS PROPERTY OWNER acknowledges that there may be liability for violations of codes that could result in additional fines and/or the possibility of incarceration in addition to the fees for maintenance should violations occur. EXECUTED as of the date first written above. CITY OF AUBURN DIRECTOR OF PUBLIC WORKS C'm .A c' Owner mss; 17ate , a ~ Owner •t Date cv Storm Water Easement and Maintenance Agreement Page 3 U9 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that 7C- is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the 101X1-2,f4-x-A of a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated /-O/ ,J /1 21 O~ /~E~ly . a 4, V~ 6n O Notary Public in,,*~d for the 9 residing at "r X& ft/ tate o W s n t ~ r- My appointment expires 9-/5 QF W STATE OF WASHINGTON) o `v )ss. County of King ) I certify that I know or have satisfactory evidence that U1~4(:04 is the person who appeared before me, and said person acknowledged that he signed is instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 1\1;~j O1 \ N1. LYp~~~t c 'nA ~.Q~~Se~ON•E"~Oi.•. V rl • L O h ,0Tppy ' Notary Public in and for the tate o Washington o residing at %I K My appointment expires 3 f~l >*'.3.29'~' AWms/bd File: 2.1, 4.1 REF. BLDO1-0280 (STM WAT EASE & MAINT AGREE)\E01-1513 Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT `A' LEGAL DESCRIPTION THAT POR11ON OF THE JOSEPH BRANNON DONATION LAND CLAIM NO. 38 IN SECTION 12, T 21 N, R 4 E, W.M., IN KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF "B" ST. NW WITH THE CENTERLINE OF 16TH ST NW, THENCE S 8904'50"E, ALONG SAID CENTERLINE OF 16TH ST NW, A DISTANCE OF 57.20 FEET; THENCE S 00'55'10' W DISTANCE OF 30.00 FEET, TO THE SOUTH MARGIN OF SAID 16TH ST NW; THENCE S 89'04'50' E, o ALONG SAID MARGIN, A DISTANCE OF 335.13 FEET, TO THE TRUE POINT OF BEGINNING; THENCE S 00'40'40' W A DISTANCE OF 474.52 FEET; THENCE S 89'06'05' E A DISTANCE OF 210.00 FEET; THENCE N 00'40'40" E A DISTANCE OF 265.00 FEET; THENCE S 89'06'05" E A DISTANCE OF 193.35 FEET, TO THE WESTERLY MARGIN OF 'Am ST NW-, THENCE NORTHWESTERLY ALONG SAID WESTERLY MARGIN OF "A" ST NW AND THE SOUTHERLY r MARGIN OF 16TH ST NW ON THE ARC OF CURVE TO THE LEFT WITH A RADIUS OF 270.04 FEET, A CENTRAL ANGLE OF 7700'57", AN ARC LENGTH OF 362.98 FEET AND A CHORD WHICH BEARS N 50'34'21" W 336.27 FEET; THENCE N 89'04'50" W A DISTANCE OF 141.10 ~ FEET, TO THE TRUE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN for EXPRESS STORAGE / U-HAUL 16TH street N.W. Auburn, WA SUPA # SEP 01-0015 GSA # GRA 01-0013 Parcel # 631500-0381 Introduction: The site has an area of approximately 2.9 acres and has been previously to filled per GRA 0021-95. The subject site will propose two phases of construction. The first phase will consist of a 600 SF temporary pre- manufactured modular building and approximately 13,500 SF of pavement. C-4 The second phase will propose three new storage buildings with o landscaping and asphalt parking. This report will fulfill the storm .r~ drainage requirements for both phases. The subject site is mostly flat and slopes towards the northwest corner of the site. The stormwater runoff is mostly absorbed into the soils or will sheet flow to an existing storm detention pond located in the northwest corner of the site. Here the stormwater is released off-site p to the west into an existing outlet where the water will enter the c public storm drainage system located in 16th Street NW. CV According to the City of Auburn's Construction Standards for storm water management, the city requires storm water quantity and quality control to all proposed developments. We have proposed to collect all of the storm water runoff from the building and pavement areas in a series of catch basins. This water will be conveyed by storm drainage pipe to a modified storm drainage detention/wet pond. Here the storm water will be released through a modified control structure inside the pond into a new off-site catch basin which is connected to the public storm system in 16th Street NW. Note the detention/wet pond sizing and control structure has been designed to handle the stormwater runoff for the future development of the entire parcel. Plan Goal The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual which offers guidelines to the owner for storm water facility maintenance. Prevention ffiHP' S The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call 1-425-649-7000. BMP RD.05 Wet Pond (conventional pollutants) The BMP will be inspected a minimum of 2 times per year or as directed in the Maintenance and Operation Manual. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide copy of the records and maintenance checklist for the City Inspector to review. Storm Water Easement and Maintenance Agreement Page 6 of 9 The City of Auburn Utilities Section is to review and approve any changes to this stormwater Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes in ownership or person of responsibility are to be reported to the City Utilities Sections. Persons of Responsibility: Express Storage 14214 Meridian Ave. East Puyallup, WA 98373 Ph # (253) 841-4903 (Changes to ownership shall be reported to the City of Auburn's Utilities crr Section.) C' - C=? c*r LJ7 r 0 cs C`J Storm Water Easement and Maintenance Agreement Page 7 of 9 Inspection / Maintenance: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The responsible party should keep records of these inspections available for review by the City. Additional inspections may be required after severe seasonal storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The parking lots and driveways should be kept clean and in repair. Events such as major storms or heavy winds will require immediate inspections cep for damages. ° To ensure proper water quality and treatment, the detention / wet pond cv must be properly maintained. Be.careful to avoid introducing landscape o fertilizer to receiving waters or groundwater. If wet pond side slopes become eroded over 2 inches deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). Catch Basins shall be cleaned when sump is 1/3' full of sediment or o debris. 0 N Storm Water Easement and Maintenance Agreement Page 8 of 9 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done ern Storm Detention/ Inspection el-. wet Pond Results Maintenance ewe. Done ~s Inspection •n Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done cv AWmslbd File: 2.1, 4.1 REF. BLDO1-0280 (STM WAT EASE & MAINT AGREE)1E01-1513 Storm Water Easement and Maintenance Agreement Page 9 of 9 • November 17, 1998 SENIOR HOUSING ASSISTANCE, GROUP (Iq 19 Mr. Jeff Dixon Associate Planner Planning & Community Development Department CITY OF AUBURN 25 West Main Auburn, WA 98001 ~ tP r 1112. D 1 CITY OF'4 i. I;- C11y CI FRKS dFF1N CE Via Hand Delivery RE: Auburn Court Apartments, 102-106 - 10th Street NE, Auburn, Washington Conservation Easement Agreement (for wetland mitigation and wetland buffer areas) Dear Jeff: In connection with the Auburn Court Apartments project located on 10th Street NE in Auburn, we are hereby submitting, on behalf of the Auburn North Associates Limited Partnership, a Conformed Copy of the recorded Conservation Easement Agreement (for wetland mitigation and wetland buffer areas) for the Auburn Court Apartments project. '"The Conservation Easement Agreement was recorded today under King County Recording Number 981 1170967. If you have any questions or need any further information, please do not hesitate to call me at (425) 228-4100, Extension 233, or at Cellular No. (206) 730-7257 or Mr. Bryan Park at (425) 228-2040. Very truly yours, AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP By: Senior Housing Assistance Group, Managing General Partner '~A 41, a 1 Executive Director EIMP:SL:A 111798DixonCityofAubum.doc Enclosure SENIOR HOUSING ASSISTANCE GROUP !De P.O. BOX 1040, RENTON, WA 98057-1040 TELE: 425-2284100 - TOLL FREF3.888450 .SHAG - FAX: 425-255-5458 - WWW.S-H-A-G.COM • Email: Shag@ecrnet.net Recording Requested By And When Recorded Return To: Name: City of Auburn Attn: City Clerk Address: 25 West Main Street City and State: Auburn, Washington 98001 C 'OA'F"V S 1L,~ E'lVE E'40 V 17 1998 E'tii,~ Vds EXCISE TAX NOT REQUIRED King Co. Records Division 8 Deputy z-z 1;7- COVER SHEET Document Title: Conservation Easement Agreement (for wetland mitigation and wetland buffer areas) Grantor: Auburn North Associates Limited Partnership Grantee: City of Auburn Legal Description (Abbreviated): Ptn SE 1/4, Sec 12-T21-R4 (Complete Legal Description on Page 9, EXHIBIT "B" attached hereto) Assessor's Tax Parcel ID Nos. 122104-9027-0; and 122104-9028-0 Reference Nos. of Related Documents: N/A WIT 9d 010 SU0338 awn03 SPUN lid 00;4T:aT 1960-11IT86 4 CONSERVATION EASEMENT AGREEMENT (for wetland mitigation and wetland buffer areas) THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and entered into this 12th day of November, 1998, by and between AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, hereinafter referred to as "GRANTOR," and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, hereinafter referred to as the "CITY" and/or "GRANTEE." WHEREAS, the GRANTOR is owner in fee simple of certain real property located in the City of Auburn, King County, Washington, legally described on Exhibit "A" attached hereto and incorporated herein by reference, which property is intended to be subject to this Agreement and burdened in perpetuity by this Agreement (the "Subject Property"); WHEREAS, the GRANTOR or the representative of GRANTOR executing this Agreement has the authority to burden the Subject Property for the purpose of granting the CITY a perpetual non-exclusive wetland conservation easement (the "Conservation Easement") with respect to certain wetland mitigation and wetland buffer areas legally described on Exhibit "B" attached hereto and incorporated herein by reference (the "Wetland Property") located on the Subject Property; WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetlands for the benefit of public health, safety and welfare; WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands is in conformity with the CITY'S Comprehensive Plan; WHEREAS, GRANTOR has received consideration for granting this Conservation Easement, which consideration has a long-term benefit to the GRANTOR and the GRANTOR'S Subject Property; and WHEREAS, GRANTOR acknowledges the important environmental value of the Conservation Easement and agrees not to undertake any activity which will in any way be inconsistent with the preservation of the wetland mitigation or wetland buffer areas or the quality of the wetlands on the Subject Property. 2 NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as follows: I. AUTHORITY TO BURDEN SUBJECT PROPERTY. GRANTOR is the owner in fee simple of the Subject Property referred to above and has full power and authority to burden the Subject Property in perpetuity with this Conservation Easement. 2. GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non- exclusive Conservation Easement set forth herein to the CITY in perpetuity and covenants that the Conservation Easement shall run with the land included in the Subject Property legally described in Exhibit "A" attached hereto. The Conservation Easement shall burden the Subject Property and benefit the CITY and the public. 3. HEIRS, SUCCESSORS AND ASSIGNS. This Conservation Easement shall be binding on the officers, directors, shareholders, members, partners, employees, agents, personal representatives, heirs, successors and assigns of the parties. 4. SCOPE OF EASEMENT. The Conservation Easement granted hereunder shall allow CITY to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving and enhancing the Wetland Property legally described on Exhibit "B" attached hereto. GRANTOR covenants not to in any way impair or interfere with the function and use of the Wetland Property, and GRANTOR further covenants to take reasonable and necessary steps to restrict access to the Wetland Property and prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Wetland Property. No activity of any kind may take place within the Wetland Property without the prior approval by the City of Auburn Director of Planning and Community Development. The CITY shall be permitted to enter onto the Subject Property at all reasonable times to monitor and maintain the Wetland Property or wetland functions such as recharge, conveyance or storage of storm water. 5. DUTIES OF THE CITY. In consideration of the grant of the Conservation Easement herein, the CITY agrees to monitor, maintain, preserve and protect the Wetland Property and its wetland value at the CITY'S sole expense. The CITY shall not unreasonably interfere with the ownership, possession, use or enjoyment by GRANTOR or GRANTOR'S tenants of the Subject Property when entering the Subject Property to perform the permitted functions described herein. 6. PROHIBITED USES OF WETLAND PROPERTY. GRANTOR shall not undertake, nor cause to be undertaken, any activity or use of the Wetland Property which is inconsistent with the CITY'S Wetland Mitigation Plan, or the purpose, scope or intent of this Agreement. 7. RESERVED RIGHTS. The GRANTOR reserves to itself all right, title, interest and obligations incident to ownership of the Subject Property and. Wetland. Property except those rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. 8. ENFORCEMENT. In the event the CITY determines that GRANTOR is in violation of the terms of this Agreement, and an enforcement action is initiated, the prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such enforcement action in addition to any other remedy or relief obtained. The CITY, at its option, may take action to preserve and protect the Wetland Property or its wetland function, after first giving GRANTOR written notice, to protect the wetland, and, in such case, the reasonable expenses incurred by the CITY shall be recoverable from GRANTOR if GRANTOR is found to be in violation of this Agreement. 9. NON WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce any of its rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY of such rights or a discharge of liability for any breach by GRANTOR of the terms hereof. Nor shall any delay by the CITY in the exercise or enforcement of its rights and remedies limit or impair such right or remedy or be construed as a waiver of the CITY'S right to pursue its remedies. 10. COSTS AND LIABILITIES. Except as provided in Paragraph 5 of this Agreement above, GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Wetland Property and agrees to pay all assessments and taxation (if any) against said Wetland Property assessed by any governmental authority as they become due. 11. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold harmless and indemnify and defend the CITY, its officials, members, employees and agents from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney's fees, arising from or in any way connected with injury or death to any person or physical damage to any property resulting from any act, omission, condition or other matter relating to or occurring on the Wetland Property regardless of cause, unless such injury, death or damage results from the negligence of the CITY or its officials, members, employees, agents or invitees. Furthermore, GRANTOR agrees to indemnify, hold harmless and defend the CITY from and against any liabilities, penalties, costs, losses, damages, expenses causes of action, claims, demands or judgments, including, without limitation, reasonable attorney's fees, arising from or relating to any third party claim which challenges GRANTOR'S right to execute and deliver this Agreement. 4 12. RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in any deed, lease (other than residential apartment leases entered into in the ordinary course of GRANTOR'S business) or other agreement which divests GRANTOR of any interest in any portion of the Subject Property. GRANTOR shall record this Agreement immediately in the Office of the King County Department of Records and Elections. 13. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 14. SEVERABILITY. If any provision of this Agreement is ruled invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. ASSIGNOR: AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership By: Senior Housing Assistance Group, its Managing General Partner By: ur L. in Executive Director ASSIGNEE: CITY OF AUBURN, a municipal corporation By: Q1 . l-'r~ s Q, Name: Charles A. Booth Title: Mayor 5 STATE OF WASHINGTON ) } ss. COUNTY OF KING } THIS IS TO CERTIFY that on this 17th day of November, 1998, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared ARTHUR L. MARTIN, to me known to be the Executive Director of Senior Housing Assistance Group, a Washington nonprofit corporation, Managing General Partner of AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, the limited partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said limited partnership. WITNESS my hand and official seal the day and year of the certificate first above written. OFFICIAL SEAL SHARON L MELVEJ Notary Pub5c State of Washington My Commission Expires 11-MI Sharon L. Mel vej (Print N e) Residing at Seattle My appointment expires 11-8-01 6 STATE OF WASHINGTON ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this day of November, 1998, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared (-?Gr'lrs to me known to be the ' of the CITY OF AUBURN, a Washington municipal corpor tion, 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 said instrument on behalf of said corporation. WITNESS my hand and official seal the day and year of the certificate first above written. E, p r"l Da Ile- ni far (Print Name) Z* Z Residing at • My appointment expires /C) - 5 j 7 EXHIBIT "A" LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL A The East 327.5 feet of the South 660 feet of the Southeast quarter of the Southeast quarter of Section 12, Township 21 North, Range 4 East, W.M., in King County, Washington; Except that portion thereof, if any, lying North of a certain fence along which the North boundary of the premises was fixed by Decree entered April 14, 1928 in King County Superior Court Cause Number 206455. PARCEL B The East half of the following described parcel of land: Beginning at a point on the South line of Section 12, Township 21 North, Range 4 East, W.M., in King County, Washington, said point being 327.5 feet West of the Southeast corner of said Section 12; running Thence North 660 feet; Thence West 593 feet, more or less, to the easterly margin of the Northern Pacific Railway Company's right of way; Thence Southerly, along said right of way margin, 660 feet, more or less, to the South line of said Section 7; Thence East, along said South line, 584.5 feet, more or less, to the point of beginning; Except that portion thereof, if any, lying northerly of a certain fence along which the North boundary of said premises was fixed by Decree entered April 14, 1928 in King County Superior Court Cause Number 206455. EXHIBIT "B" LEGAL DESCRIPTION WETLAND CONSERVATION EASEMENT PORTION of TAX LOT No. 122104-9028 All that certain real property situate in the City of Auburn, King County, State of Washington, being a portion of the Southeast Quarter of the Southeast Quarter of Section 12, Township 21 North, Range 4 East, Willamette Meridian, and being a portion of that certain Parcel "F" as shown on Record of Survey, filed in Volume 20, of Surveys, Pages 149 & 149-A, and recorded under Recording No. 7910029009, King County Records, described as follows: AN EASEMENT, for wetland conservation purposes, in, on, over, under, through, and across an area of land, the perimeter boundaries of which are more particularly described as follows: Commencing at the Southeast corner of Section 12; Thence, along the South line of said Section 12, North 86°09'44" West 327.79 feet, to the Southeast corner of said Parcel "F"; Thence, along the South line of said Parcel "F", North 86°09'44" West 25.32 feet, to the TRUE POINT OF BEGINNING of the herein-described Easement Area; THENCE, along the perimeter boundaries the following courses: 1) North 86°09'44," West 237.84 feet, continuing along said South line of Parcel "F"; 2) North 01 °09'29" East 595.39 feet, parallel with and 30.00 feet East from the West line of Parcel "F"; 3) Northeasterly 40.48 feet, along the arc of a 25.00-foot radius curve, concave to the Southeast, through a central angle of 92°46' 19"; 4) South 86°04'12" East 214.44 feet, parallel with and 35.00 feet South from the North line of Parcel "F"; 5) South 01 °25'05" West 621.12 feet, parallel with and 23.50 feet West from the East line of Parcel "F", to the True Point of Beginning. The above-described Easement Area contains approximately 3.4061 Acres, more or less. SUBJECT TO an EASEMENT for roadway slopes, appurtenances thereto and maintenance thereof, in, on, over, under, through and across a strip of land 10.00 feet in width, parallel with and 10.00 feet Easterly, Southeasterly, and Southerly from the above-described Westerly, Northwesterly, and Northerly boundary lines (Courses #2, #3, and #4). The Easterly and Southerly sidelines of the above-described Slope Easement are to be lengthened or shortened to terminate at the Southerly and Easterly boundary lines of the Wetland Conservation Easement. ment contains approximately 8,427 square feet, more or less. End of Description Prepared by: Barghausen Consulting Engineers, Inc. Job No. 6105 Nov. 4, 1998 "AUBURN COURT APARTMENTS" (PROPOSED) IGNT-pF WAY for 10th STREET N.E. •Delk#:9 'fq.-19° 1;i; R: 2qA ~j 'EMEH~ T•,FEk. I 0kt i t I I ' Ji ' IFN s p,l i1 i I ' cm I I j/ It Irl!i.r. .I I AFT g_D w -fill ' ~ 'f~ ~i. ll j`i iii i ilj~ !J 1 ~--,rvti..___-~ a s ~ s vi1 , r N PAR~EL-M-.__ R.0 V0. 40, Pp. 149 149A 10 r 5 - A 1 FTLJ M- ti ' a { ° _ ~ JW AI ' r 'r-j-__ , J -ICONSERVA-Tri 0 ' 4 r Ca - ~ . y rl I J AREA. rI _ _ z I ~ ti 148.369 sq:ft. ~ APT, BLDG v 34060.73 a t -cr-e s o ix N ° . . . • . . . . . . .Z'o. ::L 10' EASEMENT FOR 30, ROADWAY SLOPES I r APT- BLDG 8,427 ± sq.ft: I ti i 47~~GHAVS~2 F . _ . . . . . . . . i, L I I I r-j , r o V- ~ ~ I r •z.. -.I-'1 ~ W W z ' True Point 5 L " '-d- J7.64 or Beginn ng I I e L s a L• rJ 2 N8&'09'44 "W 52 1 2 N86'09,44 W 327 79' EXHIBIT MAP WETLANDS CONSERVATION EASEMENT PORTION of the S. E.1/4 of the S. E.1/4 of SECTION 12 Township 21 North, Range 4 East, Willamette Meridian 7 18 " 13 City of AUBURN KING County State of Washington Jab No. 6105 SCALE: 1'=100' File: P:\SDSKPROJ\6105\SURVEY\61056DY1.DWG Dote/Time: 11/05/1998 10:39 Scale: 1=100 Mikeh Xrefs: