HomeMy WebLinkAbout425 , . RESOLUTION N0. 425
A RESOLUTION OF THE C�TY OF AUBURN, WASHINGTON, AUTHORIZING AND INSTRUCTING THE MAYOR
AND CITY CLERK TO ENTER INTO A CERTAIN AGREEMENT BETWEEN TNE OWNERS OF CERTAIN
REAL PROpERTY LOCATED WITHIN THE 'C�TY LIMITS OF THE:CITY OF AUBURN, WASHINGTON,
AND THE CIT� OF AUBURN, WASHINGTON, FOR A TRADE OF REAL PROPERTY OWNED BY SAID
PARTIES AND A TRANSFER OF $8>000 CONSIDERATION BY TH� CITY TO SAID OWNERS; AND
TO FURTHER AUTHORIZE THE AUBURN AIRPORT DEPARTMENT TO HAVE THE OPTION TO EXERCISE
THE TERMS OF A CERTA�N LEASE-PURCHASE AGREEMENT DATED JULY 7, 1969; AND TO FURTHER
AUTHORIZE THE MAYOR AND CITY CLERK TO ENTER INTO A CLEAR ZONE (AVIGATION) EASE-
MENT WITH CERTAIN FRIVATE PARTIES; AND FINALLY TO AUTHORIZE AND INSTRUCT THE MAYOR
AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS PERTAINING TO SAID TRANSACTION
AND TO SECURE STATUTORY WARRANTY DEEDS FROM SAID PRIVATE PARTIES FOR SAID REAL
PROPERTY AND TO AUTHORIZE AND INSTRUCT THE MAYOR AND CITY CLERK TO SECURE TITLE
INSURANCE ON SAID PROPERTY ACQUIkED BY THE CITY OF AUBURN TO INSURE THE CITY OF
CLEAR TITLE THERETO.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY
ASSEP�BLED, HEREBY RESOLVES AS FOLLOWS:
Section 1 . The Mayor and City Clerk of the City of Auburn, Washington, are
herewith authorized and instructed to enter into an agreement with STEPHEN F. LONE and
AGNES C. LONE, his wife, and FRANK X. LONE and FLORENCE K. LONE, his wife, hereinafter
called owners, for the trade of certain real property and the transfer of $8,000, by the
City of Auburn, to said parties and to agree to the other terms of said Agreement, a
copy of which is attached hereto and denominated Exhibit "A", and the terms of which are
incorporated herein by reference.
Section 2. The Mayor and City Clerk and the Auburn Ajrport Committee Chai,rman and
the Auburn Utility Committee Chairman are all authorized and instructed to enter into a
certain Lease-Purchase Agreement pertaining to the trade of certain real property between
said Utilities and located within the City Limits of the City of Auburn, Washington, and
to agree to the other terms of said Lease-Purchase Agreement, a copy of which is attached
hereto and denominated Exhibit "B", the terms of which are incorporated herein by
reference, as though fully set forth.
Section 3. The Mayor and City Clerk of the City of Auburn, Washington, are here-
with authorized and instructed to enter into a certain document known as a Clear Zone
(Avigation) Easement pertaining to certain easement rights on,property located wi.thin
the City Limits of the City of Auburn, Washington, a copy of said Clear Zone (Avigation)
Easement is attached hereto and denominated Exhibit "C" and the terms of which are
incorporated herein by reference, as though fully set forth.
Section 4. That the Mayor and City Clerk of the City of Auburn, Washington, are
hereby authorized to accept, on behalf of the City of Auburn, that certain statutory
warranty deed, a copy of which is attached hereto and the terms of which are herewith
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incorpordted by refe,rence as, th.ough fully set forth herei,n and denominated as Exhibit
"D", as soon as, the Clty recei,Ves a ti,tle insurance pollcy eyidenci,ng clear title to
the real property referrQd to is i.n the City of Auburn, Washington.
Section 5. The Mdyor and Ci,ty Clerk of the City of Auburn, Washington, are
herewith authorized and instructed t0 execute that certain� statutory warranty deed, a
copy of Which is attached hereto and denominated as Exhibi.t "E", and the terms of which
are herewith incorporated herein as though fully set forth.
Section 6. It i,s herewith found by the City Council that the entry into the
above mentioned agreements and the conv,eyance of the property rights referred to therein
and the transfer of the monies referred to therein are in the best interest of the
welfare of the citi.zens of the City of Auburn.
PASSED AT A REGULAR MEETING OF THE AUBURN CITY COUNCIL THIS 17TH DAY OF AUGUST,
1970.
CITY OF AUBURN
BY.
MAYOR
ATTEST:
a�� ���
City Clerk
. , . ,
` ' , .
.•>
Page Twb
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CLEAR ZONE (AVIGATION) EASEMENT
This indenture made this L�day of , 19�, between STEPHEN F.
LONE and AGNES C. LONE, his wife, and FRANK X. LO and FLORENCE K. LONE, his wife,
hereinafter referred to as "Grantor" , and the CITY OF AUBURN, a municipal corporation
of the State of Washington, hereinafter referred to as "Grantee".
, The Grantor, for and in consideration of One and No ONe Hundred Dollars ($1 .00)
and other good and valuable consideration, paid by the Grantee to the Grantor, the
receipt and sufficiency of which are hereby acknowledged, does her.eby grant to the
Grantee, its successors and assigns, a perpetual and assignable easement over that por-
tion of the following described parcel of land in which the Grantor holds a fee simple
estate, designated as Parcel 1 , lying within the Southerly approach area, as hereinafter
described, of the North-South runway of the Auburn Municipal Airport and situated in the.
City of Auburn, County of King, State of Washington:
PARCEL 1
A portion of J. Brannon Donation Land Claim No. 38 situate in Section 7,
Township 21 North, Range 5 East, W.M. ; King County, Washington.. This
easement will be 125 feet wide on each side of the centerline at the point
of beginning and will have a confinuous 0.10 foot per foot opening taper
on each side of the centerline, the centerline more particularly described
as follows:
Beginning at the Northeast corner of J, Brannon Donation Land Claim No. 38;
thence North 88°49'52" West 430.01 feet�thence South 00°52'25" West 1370./
,42 feet; thence North 88°53'43" West 530.00 feet; thence South 00°52'25"
West 579.69 feet; thence North 88°53'43" West 300 feet; to the point of
beginning; thence South 00°52'25" West 690.25 feet more or less to terminus
of centerline and the South boundary line of J. Brannon Donation Land Claim
No. 38.
That portion of Parcel 1 lying within the said Southerly clear zbne approach area,
is delineated by the hatch lines on the Exhibit "A" attached hereto and made a part
hereof.�
The Grantor agrees that they, their heirs, successors and assigns sfiall not here-
after erect, or permit the erection or growth of, any structure, tree, or other object
w9thin that portion of Parcel 1 lying. within th"e said Southerly clear zone approach
area to a height above the clear zone approach surface for tliat approach area, said
clear zone approach surface being hereinafter described.
The Grantor further agrees that the easement and rights hereby granted to the
Grantee in and over that portion of Parcel 1 which lies within the said Southerly clear
zone approach area are for the purpose of ensuring that the said Southerly clear zone
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approach area shall remain f.ree and clear of any structure, tree, or other object
which is or would constitute an obsfruction or hazard to the flight of aircraft in
landing or taking off at the said Auburn Municipal Airport; that these rights shall
include, but not be limited to the following:
1 . The continuing and perpetual right to cut to ground level and remove trees,
bushes, shrubs, or any other perennial growth or undergrbwth extending into, or
which in the future could infringe upon or extend into or above, the Southerly
clear zone approach surface, hereinafter described.
2. The right to remove, raze or destroy those portions of buildings, other
structures and land infringing upon or extending into said Southerly approach
surface, together with the right to prohibit the future erection of buildings
or other structures which would infringe upon or extend intb said surface.
3. The right to .mark and light as obstructions to air navigation, any and all
structures, trees or other objects that may at any time project or eztend above
said surface.
4. The right of ingress to and egress from, and passage over the land of the
Grantor within the Southerly clear zone approach area, hereinafter described,
for the above purposes.
5. For the use and benefit of the publi.c, the right of flight for the passage
of aircraft in the airsp.ace above the Southerly clear zone approach surface,
hereinafter described, together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter
used for navigation of or flight in air, using said airspace or landing at,
taking off from or operating on Auburn Municipal Airport.
The Southerly clear zone approach area and the Southerly clear zone approach surface
are delineated on Exhibit "A" attached he"reto and are described as follows :
SOUTHERLY CLEAR ZONE APPROACH AREA
The Southerly clear zone approach area is an area trapezoidal in form located at the
Easterly end of said North-South runway which area extends outwardly 1 ,000 feet f"rom
a line that is at right angles to the extended centerline of said runway and 200 feet
from the Southerly end thereof and which area is 250 feet wide at its inner end and
450 feet wide at its outer end and whose axis coinc5des with the extended centerline.
Page Two
of said runway. 5aid Southerly clear zone approach area is more particularly
described as follows:
A portion of J. Brannon Donation Land Claim No. 38 .situate in Section 7,
Township 21_ North, Range 5 East; W.M. , King County, Washington. This
easement will be 125 feet wide on each side of the centerline at the
point of beginning and will have a continuous 0.10 foot per foot opening
taper on each side of the centerline, the centerline more particularly
described as follows:
Beginning at the Northeast corner_ of J. Brannon Donation G1aim No: 38;
thence North 88°49'52" West 430.01 feet; thence South 00°52'25" West
1370.42 feet; thence North 88°53'43" West 530.00 feet; thence South 00°
52'25" West 579:69 feet; thence North 88°53'43" West 300 feet to the
point of beginning; thence South 00°52'25" West 1 ,000.00 feet to terminus
of centerline.
SOUTHERLY CLEAR ZONE APPROACH SURFACE
The Southerly clear zone approach surface is a trapezoidal plane with a slope
of 20 to 1 (one foot of elevation for each twenty feet of horizontal distance) located
directly above the Southerly clear zone approach area, hereinabove described, which
inclined plane has an elevation of 57.9 feet mean sea level at its inner and
lower edge along line AB, as shown on Exhibit "A", and an elevation of 107.9
feet mean sea level at its outer and upper edge along line CD, as shown on said
Exhibit "A".
TO HAUE AND TO HOLD said easement and all rights appertaining thereto unto the
Grantee, its successors and assigns, until said Auburn Municipal Airport shall be
abandoned and shall cease to be used for public airport purposes.
IT IS UNDERSTOOD AND AGREED that these covenants and agreements shall run with
the land and shall be binding upon the heirs; administrators, executors, successors
and assigns of the Grantor, and that for the purpose of this instrument, that portion
of Parcel 1 which lies within the Southerly clear zone approach area shall be the
servient tenement and said Auburn Municipal. Airport shall be the dominant tenement.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal this �_
day of . ,GCD�� , 19� ;�
.� ' .
� _,. � //�7/ ��,. L.�iGll -
E HEN-F. L� E
' 'x'``,����-e�
E C. LONE�
ERA < . 0 J
. �G�t/Z-C-LJ
-- LORENCE K. LONE -
Page Three
' � STATE OF WASHINGTON )
) ss:
COUNTY OF KING )
_
On tliis day personally appeared before me STEPHEN F. LONE and AGNES C-. LONE, his
wife, and FRANK X. LONE and FLORENCE K. LONE, his wife, to me known to -be the individuals
described in and who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
�
GIVEN under my hand and official seal this �_ day of , 19�.
_ � '_ �e `
NOTARY PUBLIC ' d for the State, of
Washington; residi g at Auburn,
•
Page Four
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� - - " LEASE - PURCHASE AGREEMENT
THIS AGREEMENT,, made and entered into this / /7"1fJ day of , 19�,
T��`
by and between the CITY OF AUBURN, a municipal corporation, hereina ter designated
as "CITY", the AIRPORT COMMITTEE OF THE CITY GOUNCIL OF THE CITY OF AUBURN, hereinafter
designated as "AIRPORT", and the UTILITY COMMITTEE OF THE GITY COUNCIL OF THE CITY OF
AUBURN; hereinafter designated as "UTILITIES",
WITNESSETH: That
WHEREAS_, the City has purchesed and is now owner of certain real property more.
particularly described in Section 1 of this Agreement, which property is presently
under the jurisdiction and control of Utilities; and,
WHEREAS, it has been determined by the Utilities that a trade of real property
with the adjacent land owner would be in the best interest of the City. Said property
legally described in Section 2 of this Agreement and is of equal value to the Utilities
property, and;
WHEREAS, it has been determined by the Utilities that it would be in the best
interest of the City at this time to consider. a purchase agreement providing for the
acquisition of the real property outlined in Section 2 of this Agreement by Airport
and the construction and maintenance of a Municipal Airport facility thereon, pursuant
to the terms and agreements hereinafter contained,
NOW, THEREFORE, IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS:
Section 1 . That the Utilities is now the owneh of the real property hereinafter
described as Parcel 1 :
That portion of the J. Brannon Donation Claim No. 38 and J. A. Lake Donation
Claim No. 38.41 , situate in Section 12, Township 21 North, Range 5 East, W.M. ,
King County, Washington described as follows:
Beginning at the Southwest corner of the North 1/2 of the J. Brannon Donation
Claim No. 38; thence East along the South line of North 1/2 of said Donation
Claim 500 feet; thence North parallel to the West line of the J. Brannon
Donation Claim No. 38 and said West line extended North 1400 feet; thence West.
parallel to the North lihe of line of J. Brannon Donation Claim No. 38 to the
East line of the Burlington Northern, Inc. Railway Company right-of-way;
thence South along said railway right-of-way to the South line of the J. A.
Lake Donation Claim No. 38.41 ; thence East along the South line of the J. A.
Lake Donation Claim No. 38.41 to the Northwest corner of the J. Brannon Dona-
tion Claim No. 38; tfience South along the West line of the J. Brannon Donation
Claim No. 38 to the point of beginning. Situate in the City of Auburn, County
of King, State of Washington.
, Page One .
Section 2. That the Utilities desire to trade said Parcel 1 to the adjacent
prbperty owner for the real property hereinafter described as Parcel 2.
That portion of the J. Brannon Donation Claim No. 38, situate in Section 7,
Township 21 North, Range 5 East, W.M. described as follows:
Beginning at the Northeast corner of the J. Brannon Donation Claim No. 38,;
thence North 88°49'S2" West 430.01 feet; thence South 0°52'25" West 1320.42
feet tb the true point of beginning; thence continuing South 0°52'25" West
629.69 feet; thence North 88°53'43" West 1080.00 feet; thence North 00°52'
25" East 629.69 feet; thence South 88°53'43" East 1080.00 feet to the true
point. of beginning. Situate in the City of Aubunn, County of King, State
of Washington.
Section 3. That there will be certain costs involved in the trade of the two
parcels of real property which costs in the amount of Eight Thousand and No One Hundred
Dollars ($8,000.00) wh9ch costs will be paid by the Airport.
6ection 4. It is further agreed by the parties hereto, that Airport shall have
the option to purchase the jurisdiction and control of the property hereinabove des-
cribed in Section 2 of this Agreement in accordance with Section 5 of the Lease - Purchase
Agreement dated July 7, 1969 and recorded under Auditor's File No.
records of King County, Washington.
CITY:
• /��
AYOR
ATTEST:
///o .,.. ✓ r G/�-�-��r, �✓ " .
� City Clerk
AIRPORT:
- BY�� C'l "- �- °�i� � -
. � . AIRPOR_ COMMI�TEE CHAIRMAN�
UTILI. E • �
gy -. _ "-"`""" - - - - -'
UTILITY COMMITTE IRMAN
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this / /�"�Jday of , 19�, personally appeared before me, the
��_�.
undersigned, a Notary Public in a d for the State of Washington, duly commissioned and
Page Two
_
• sworn, STANLEY P. KERSEY and GENE WILLIAMS, to me known to be the Mayor and City Clerk,
respectidely of the City of Auburn, a municipal corporation and the corporation that
executed tfie foregoing instrument and acknowledged the said instrument to be the free
and yoluntary act and deed of said corporation, and ROBERT C. KLINE, dR. and KENNETH R.
FITZSIMMONS, to me known to be the individuals described in and who signed the within
instrument and acknowledged that they' signed the same as their ,free and voluntary act
and deed, for the �uses and purposes tfierein menfioned, and the seal affixed is the,
corporate seal .of said corporabion. . , ,
WITNESS my hand and official seal hereto affixed the day and year first liereinabove
written. !
, NOTA PUBLIC, in and for t State of - —
Was ington, residing at Auburn.
I
Page Three
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. � . . .. :�Vi .n. . . �...� ic=.-.Il ....�:. . .. � . _ , , .. . ,in . �. . , i • .
AGREEMENT
THIS AGREEMENT, made and executed this � day of �„�L , 19�,
by and between the CITY OF AUBURN, a municipal corporation, Fierein fter called "CITY"
and STEPHEN F. LONE and AGNES C. LONE, his wife, and FRANK X. LONE and FLORENCE K. LONE,
his wife, hereinafter called "OWNERS",
WITNESSETH: That
WHEREAS, the City desires to obtain certain property hereinafter described in
Section 1 for Municipal Airport purposes from Owners; and,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH THAT FOR AND IN CONSIDERATION OF THE
MUTUAL BENEFITS TO EACH OF THE PARTIES HERETO, THE PARTIES, THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS DO HEREBY COVENANT AND AGREE AS FOLLOWS:
Section 1 . Owners agree to execute a Statutory Warranty Deed transferring certain
legally described property;, as described below, to the City in exchange for other
consideration and property owned by the City, as described in Sections 2 and 3 of this
Agreement.
That portion of the J. Brannon Donation Claim No. 38, situate in Section 7,
Township 21 North, Range 5 East, W.M. described as follows:
Beginning at the Northeast corner of the J. Brannon Donation Claim No. 38;
thence North 88°49'52" West 430.01 feet; thence 5outh 0°52'25" West 1320.42
feet to the true point of beginning; thence continuing South 0°52'25" West
629.69 feet; thence North 88°53'43" West 1080.00 feet; thence North 00°52'
25" East 629.69 feet; thence South 88°53'43" East 1080.00 feet to the true
point of beginning. Situate in the City of Auburn, County of King, State of
Washington.
Section 2. City agrees to execute a warrant payable to the Owners in the amount of
Eight Thousand and No One Hundred Dollars ($8,000.00) .
Section 3. City agrees to execute a Statutory Warranty Deed transferring certain
legally described property, as described below, to the Owners.
That portion of the J. Brannon Donation Claim No. 38 and J. A. Lake Donation
Claim No. 38.41 , situate in Section 12, Township 21 North, Range 5 East, W.M. ,
King County, Washington described as follows:
Beginning at the. Southwest corner of the North 1/2 of the J. Brannon Donation
Claim No. 38; thence East along the South line of North 1/2 of said Donation �
Claim 500 feet; thence North parallel to the West line of the J. Brannon
Donation Claim No. 38 and said West line. eztended North 1400 feet; thence West
parallel to the North line of line of J. Brannon Donation Claim No. 38 to the
East line of the Burlington Northern, Inc. Railway Company right-of-way;
thence South along said railway right-of-way to the South line of the J. A.
Lake Donation Claim No. 38.41 ; thence East along the South line of the J. A.
Lake Donation Claim No. 38.41 to the Northwest corner of the J. Brannon Dona-
tion Claim No. 38; thence South along the West line of the J. Brannon Donation
Claim No. 38 to the point of beginning. Situate in the City of Auburn, County
of King, State of Washington. .
Page One
. • Section 4. Owner agrees that in accordance with the considerations contained in
the letter of agreement, dated April 7, 1970, to grant to the City a Clear Zone
(Avigation) Easement over that portion of the following legally described property:
A portion of J. Brannon Donation Land Claim No. 38 situate in Section 7,
Township 21 North, Range 5 East, W.M. , King County, Washington. This
easement will be 125 feet wide on each side of the centerline at the point
of beginning and will have a continuous 0.10 foot per foot opening taper
on each side of the centerline. The centerline more particularly described
as foJlows:
Beginning at the Northeast corner of J. Brannbn Donation Claim No. 38;
thence North 88°49'S2" West 430.O1 feet; thence South 00°52'25" West
1370.42 feet; thence North 88°53'43:' West 530:00 feet; thence South 00°
52'25" West 579.69 feet; thence North 88°53'43'' West 300 feet to the
point of beginning; thence SouLh 00°52'25" West 690.25 feet more or less
to terminus of centerline and the South boundary line of J. Brannon Dona-
tion Claim No. 38.
Section 5. Gity agrees to amend Section 3 of the Agreement dated June 2, 1970
and recorded in Volume 386, Page 289 records of King County, Washington, King County
Auditor's File No. 6662495: Said Section 3 is hereby amended to read as follows.:
City agrees to allow the construction of two (2) accesses to the abutting property
to provide North and 5outh moyement across 15th Street, location of said accesses to be
mutually agreed upon by both parties, and be situated in logical distances so as to
allow the installation of traffic control devices when the traffic volume on said North-
South access streets warrants same. The owner will be allowed to construct curb openings
on both sides of 15th Street between Auburn Way North and a point 1 ,800 feet West of
Auburn Way North. The centerline of said driveways to be located on property lines and
be joint driveways common to both properties said driveways to be located not less than
150 feet between centerlines and shall be constructed to City .of Auburn specifications
and shall not be wider than 36 feet at the street property line. Driveway openings less
than 150 feet between centerlines may be constructed when mutually agreed upon by Owners
and the Street Committee of the City but in no case shall be less than 100 feet between
centerlines and said centerlines shall be located on property lines.
The City will construct a two (2) way left turn lane in conjunction with the con-
struction of 15th Street N.E. and N.W. , said left turn lane to be constructed between
Auburn Way North at the most Westerly access street, as mentioned above.
The Gity reserves the right to construct traffic control channelization in said
two (2) way left turn lane at street intersections and other places where it is deemed
necessary by the Sfreet Committee of the City for public safety.
Page Two .
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CITY OF AUBURN:
BY._
M� y p R - --
ATTEST:
�.
it',,z,�,c� L�(. �..Q-� ., ���
City Clerk
OW. � ' - _f ���
�' � 7��/ - %t��/�
EN F. LONE 1
, ��
AG E5 C. LONE
,�� /G �
U%J�� :���.�p • �.— - �
L/ �
������
FLORENGE K. LONE -
STATE OF WASHIN6TON)
) ss.
COUNTY OF KING )
On this �day of 19�, before me, the undersigned, a Notary
Pu61ic ih and for the State of shington, duly commissioned and sworn, personally
appeared STANLEY P. KERSEY and GENE WILLIAMS, to me known to be the Mayor and City Clerk
respectively of the City of Auburn, a municipal corporation, and the corporatio"n that
executed the foregoing iristrument, and acknowledged that the said instrument to be the
free and voluntary. act and deed of said corporation; for the uses and purpose.s therein
mentioned, and on oath stated that tfiey are authorized and directed to execute the said
instrument, and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above
writfen.
� -:,
N Y PUBLIC, in and i the State of
Was ingtori, residing at uburn.
Page Three
� . -. . . . , • , . . .
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this �_day of , 19�C� before me, the undersigned,
a Notary Public in and for the State o Washington, duly commissioned and sworn,.
personally appeared STEPHEN. F. LONE and AGNES C. LONE, his wife, and FRANK X. LONE and
FLORENGE. K. LONE, his wife, to me known to be. the individuals described in and who
executed the within and foregoing instrument, and acknowledged that tFiey signed the
same as their free and voluntary act and deed for the uses and purposes therein men-
tioned.
WITNESS my hand and official seal hereto affixed the day and year first_ above
written.
�` 'Q
NOTARY PUBCIC, ' and , or the State of
WAshington, resi 'ng at 'Auburn.
Page Four