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Home My WebLink AboutReg 2017-12-04 Item 5I - Ordinance - Land Acquisition for 53rd Avenue South Street Improvement (Notice of Final Action)COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/13/17 RT grc ❑ Motion Mtg Date Da 12/4/17; RT / OL Mtg Date SPONSOR U Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire II IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 10/24/17 ❑ CA&P Cmte 111 F&S Cmte ❑ Parks Comm. COMMITTEE CHAIR: KATE ITEM INFORMATION ITEM No. 5.1. 273 STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL AGENDA DATE: 11/13/17 AGENDA IT M TITLE 53rd Ave S Residential Street Project Ordinance for Acquisition of Right -of -Way CATEGORY /1 Discussion 11/13/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 12/4 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR U Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire II IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 10/24/17 ❑ CA&P Cmte 111 F&S Cmte ❑ Parks Comm. COMMITTEE CHAIR: KATE r Transportation Cmte ❑ Planning Comm. KRULLER U Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITI"IEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PAGE 3, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 Forward to 12/4/17 Regular Meeting MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/20/17 Draft Ordinance with Exhibits of Legal Descriptions and Maps Minutes from the Transportation & Infrastructure Committee meeting of 10/24/17 12/4/17 Final Ordinance 273 274 Citv of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE 53RD AVENUE SOUTH ROADWAY AND SURFACE WATER DRAINAGE SYSTEM PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 5, 2016, the City Council adopted the 2017-2022 Capital Improvement Program (CIP), by Resolution No. 1901; and WHEREAS, the City of Tukwila has approved Capital Improvement Projects titled "53rd Ave S (S 137th St — S 144th St)" and "53rd Ave S Surface Water Drainage System" (hereafter, the "Projects") that call for construction of roadway and surface water improvements including curb, gutter, sidewalk, utility undergrounding, surface water detention and water quality, and illumination; and WHEREAS, the existing roadway right-of-way width of 40 feet is not sufficient to allow for the required roadway and utility improvements; and WHEREAS, after several months of negotiation, the City and property owners were unable to reach an agreement for the required property; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that the Projects be undertaken at this time, and that in order to carry out the Projects it is necessary at this time for the City to acquire interests and rights to the property described herein; and W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 1 of 3 275 WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The land and property rights within the City of Tukwila, King County, Washington, located along 53rd Ave S. between S. 139th St. and S. 142nd St. and further described in the attached Exhibits A through G, are necessary for construction of the 53rd Ave S. roadway and surface water projects described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. The City of Tukwila specifically finds construction of the Projects to be a public use, specifically the construction of widening of a portion of 53rd Ave S. to accommodate new sidewalks, wider lanes, curb ramps, storm drainage facilities, and utilities. The City Council specifically finds construction of the Projects to be necessary, and in the best interests of the citizens. Section 3. The cost and expense of acquiring said property rights shall be paid from the 103 Residential Streets and 412 Storm Water Funds of the City of Tukwila and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners, or as ordered by the Court. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing\OrdinancesWcquisition for 53rd Ave S Projects 10-16-17 RL:bjs 276 Page 2 of 3 Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Attachments: Exhibit A – Exhibit B – Exhibit C – Exhibit D – Exhibit E – Exhibit F – Exhibit G – Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Parcel No. 167040-0037: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 167040-0115: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 000300-0011: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 000300-0010: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 000300-0010: Take Legal Description and Map— Utility Easement Parcel No. 167040-0020: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 167040-0145: Take Legal Description and Map— Sidewalk and Utility Easement W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 3 of 3 277 278 EXHIBIT A PARCEL NO. 167040-0037 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 35' 18" WEST, 224.94 FEET TO THE SOUTH LINE OF SAID PARCEL "A'; THENCE NORTH 89° 03' 34" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01' 35' 18" EAST ALONG SAID PARALLEL LINE, 171.29 FEET,' THENCE NORTH 88° 24' 42" WEST, 13.00 FEET TO A LINE THAT IS 15.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01' 35' 18" EAST ALONG SAID PARALLEL LINE, 31.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 13.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 22.65 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE SOUTH 88° 48' 30" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 853 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064112, JANUARY 6, 2017) THE EAST 74 FEET OF THE NORTH 77.4 FEET OF LOT 4; LOT 9, EXCEPT THE SOUTH 70 FEET THEREOF; LOT 10; ALL IN BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDINGTO THE PLAT THEREOF RECORDED IN VOLUMEI 1 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. 04 j 16. 167040-0037 ESMT.DOCX Page 1 of 1 TACOMA- I:ATT_E. 279 280 PROPERTY LINE SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. 2.00' 22.65' SIDEWALK AND UTILITY EASEMENT AREA = 853 S.F.± TAX LOT NUMBER 167040-0037 N.T.S. 15.00' 0 13.00 POB 20' ROW -- 2.00' EXISTING RIGHT OF WAY w in 53RD AVE S S 140TH ST DATE:07/20/2017 FILE: 16. 167040-0037 ESMT.DWG EXHIBIT PARCEL 167040-0037 SIDEWALK AND UTILITY EASEMENT 753 9th Ave .N Sege, WA 98109 (206) 266-1640 w.vx.kpg can 2502 Jefferson Ave Tacoma, WA 98402 (253) 627-0720 EXHIBIT F PARCEL NO. 167040-0115 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 139TH STREET AND WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01° 35' 18" WEST ALONG SAID WESTERLY MARGIN, 147.47 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88° 40' 53" WEST ALONG SAID SOUTH LINE, 2.00 FEET; THENCE NORTH 01° 35' 18" EAST, 68.65 FEET; THENCE NORTH 88° 24' 42" WEST, 14.00 FEET;; THENCE NORTH 01° 35' 18" EAST, 31.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 14.00 FEET; THENCE NORTH 01° 35' 18" EAST, 15.53 FEET;; THENCE NORTH 88° 24' 42" WEST, 1.50 FEET; THENCE NORTH 01° 35' 18" EAST, 14.55 FEET; THENCE NORTH 45'48' 28" WEST, 14.35 FEET; THENCE NORTH 88° 33' 21" WEST, 23.52 FEET; THENCE NORTH 01° 26' 39" EAST, 8.00 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTHERLY MARGIN, 37.60 FEET TO THE POINT OF BEGINNING; CONTAINING 1101 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064113, DATED JANUARY 6, 2017) LOT 12, BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED INVOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. 1//iliirro1050:90~40NywowmooN4%l /, 19. 167040-0115 ESMT.DOCX /28/Zo/`� Page 1 of 1 li\COMA• SEATTLE 281 EXISTING RIGHT OF WAY SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY °° c S 139TH ST EXISTING RIGHT OF WAY 8.00' 23.52 14.35' S 88'33'21" E 37.60' _POB 20' ROW SIDEWALK AND UTILITY EASEMENT AREA = 1101 S.F.± TAX LOT NUMBER 167040-0115 PROPERTY LINE DATE: 07/28/2017 /• 1.50' 15, 53' 14.00 PEPGr 753 Sih Ave N Senile, WA 90109 (206) 286-1640 xw,v.kpg can 2502 Jefferson Ave Tacoma, WA 96402 (253) 6270720 0 14.00 2.00' in0 co oci Ao cp IX EXISTING RIGHT OF WAY 53RD AVE S EXISTING RIGHT OF WAY N.T.S. FILE: 19. 167040-0115 ESMT.DWG EXHIBIT S. PARCEL 167040-0115 SIDEWALK AND UTILITY EASEMENT 282 EXHIBIT Cr PARCEL NO, 000300-0011 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A'; DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 535.99 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 010 03' 21" EAST ALONG SAID SOUTHERLY PROLONGATION, 20.00 FEET TO THE NORTHERLY MARGIN OF SOUTH 139TH STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 229.84 FEET TO THE NORTHERLY LINE OF SAID PARCEL 'A" THENCE NORTH 88° 37' 51" WEST ALONG SAID NORTHERLY LINE, 5.00 FEET TO A LINE THAT IS 5.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE SOUTH 010 03' 21" WEST ALONG SAID PARALLEL LINE, 223.84 FEET; THENCE NORTH 88° 33' 21" WEST, 17.00 FEET; THENCE SOUTH 010 03' 21" WEST, 6.00 FEET TO SAID NORTHERLY MARGIN; THENCE SOUTH 88° 33' 21" EAST ALONG SAID NORTHERLY MARGIN, 22.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1251 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064118, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY HELD AVENUE (NOW SOUTH 138TH STREET), ON THE EAST 8Y 53RD AVENUE SOUTH, ON THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY SOUTH 139TH STREET. 20. 000300-0011 ESMT.DOCX Page 1 of 1 TACOMA. Il.0 283 N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 738TH ST 5.00' /1 20' ROW 5.00' TAX LOT NUMBER 000300-0011 SIDEWALK AND UTILITY EASEMENT AREA = 1251 S.F.± 17.00' ISTING RIGHT OF WAY 22.00 S 88'33'21" E 535.99' SOUTH LINE STEPHEN FOSTER D.L.C. DATE: 07/28/2017 PEP 753 9111 Ave .V Sealre. WA 98109 pO612001640 remv.kFymni S 139TH ST W N EXISTING RIGHT OF WAY FILE: 20. 000300-0011 ESMTDWG 2502 Jefferson Ave iaarna. WA 98402 (253)627-0720 EXHIBIT Coo PARCEL 000300-0011 SIDEWALK AND UTILITY EASEMENT 284 EXHIBIT V PARCEL NO. 000300-0010 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET; THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO POINT "A", SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET TO POINT "B" THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 01° 03' 21" EAST, 47.12 FEET TO THE SOUTHERLY MARGIN OF SOUTH 137th STREET; THENCE SOUTH 88059' 41" WEST ALONG SAID SOUTHERLY MARGIN, 44.50 FEET; THENCE SOUTH 01° 00' 19" EAST, 7.00 FEET; THENCE NORTH 88° 59' 41" EAST, 28.24 FEET; THENCE SOUTH 01° 03' 21" WEST, 39.54 FEET;; THENCE SOUTH 88° 56' 39" EAST, 16.00 FEET TO POINT "B". CONTAINING 948 SQUARE FEET, MORE OR LESS. 21. 000300-0010 ESMT.DOCX Page 1 of 2 IC Pita. 'TACOMA. `l- \rrLE 285 TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A', DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A"; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 03' 21' WEST, 135.32 FEET TO THE NORTHERLY MARGIN OF SOUTH 138TH STREET; THENCE NORTH 88° 37' 51" WEST ALONG SAID NORTHERLY MARGIN, 5.00 FEET; THENCE NORTH 01003' 21" EAST, 107.26 FEET; THENCE SOUTH 88° 56' 39" EAST, 3.00 FEET; THENCE NORTH 01° 03' 21" EAST, 28.04 FEET; THENCE SOUTH 88° 56' 39" EAST, 2.00 FEET TO POINT A" CONTAINING 592 SQUARE FEET, MORE OR LESS. TOTAL EASEMENT AREA CONTAINING 1540 FEET MORE OR LESS. PARCEL "Al": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). 21. 000300-0010 ESMT. DOCX 286 Page 2 of 2 TACOMA• SEATTLE N N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 137TH ST 7.00' EXISTING RIGHT OF WAY 1 44.50' r Ar 28.24 SIDEWALK AND UTILITY EASEMENT AREA = 948 S.F.± to ai a 16.00 16.68' --- 2.00' , PT "A" T -i T"B" TAX LOT NUMBER 000300-0010 co TOTAL SIDEWALK AND UTILITY EASEMENT AREA=1540 3.00' SIDEWALK AND UTILITY EASEMENT '/ >_ AREA = 592 S.F.:L • cD 0 r� S 138TH ST DATE:07/31/2017 SOUTH LINE STEPHEN FOSTER D.L.C. 5.00' N X 20' W M u[9 N 88'56'39" 20.00' >0 1-- cD cD z N X w ROW Iw 0 • .y S 88'33'21" E 555.99'• FILE: 21. 000300-0010 ESMT.DWG i 153 91h Ave N 2502 Jeflvsm Ave Soda, WA 98109 Tamura, WA 98402 (206)2861640 (253)621-0120 .mm EXHIBIT PARCEL 000300-0010 SIDEWALK AND UTILITY EASEMENT 287 288 EXHIBIT. PARCEL NO. 000300-0010 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53R0 AVENUE SOUTH; THENCE NORTH 01' 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET; THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET; THENCE NORTH 88° 56' 39" WEST, 16.00 FEET; THENCE NORTH 01' 03' 21" EAST, 27.00 FEET; THENCE NORTH 88° 56' 39" WEST, 1.50 FEET; THENCE SOUTH 01° 03' 21" WEST, 9.30 FEET; THENCE SOUTH 72° 40' 26" WEST, 29.74 FEET; THENCE NORTH 88° 56' 39" WEST, 19.28 FEET; THENCE SOUTH 01° 03' 21" WEST, 25.00 FEET; THENCE SOUTH 88° 56' 39" EAST, 65.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1652 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). /3//w/1-- 21. 000300-0010 UESMT.DOCX Page 1 of 1 T\C:O\4;\- S _;\TALI 289 N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 137TH ST TAX LOT NUMBER 000300-0010 UTILITY EASEMENT AREA = 1652 S.F.± EXISTING RIGHT OF WAY 1.50' S 138TH ST DATE: 07/31 /2017 SOUTH LINE STEPHEN FOSTER D.L.C. EXISTING RIGHT OF WAY N 88'56'39' 20.00' r 0 1— 0 N X W 20' ROW w o= vi ri Q 0 • `r o z S 88'33'21" E 555.99' FILE: 21. 000300-0010 UESMT.DWG f PEPQ 7539th Ave N 2,592Jeffe'5onAve Seattle, WA 98109 Tacoma, WA 98402 (206)286-1640 (253)6270720 my,v Nog on EXHIBIT PARCEL 000300-0010 UTILITY EASEMENT 290 EXHIBIT F PARCEL NO. 167040-0020 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A'; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 35' 18" WEST, 20.07 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88° 48' 30" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 20.07 FEET TO THE NORTH LINE OF SAID PARCEL A"; THENCE SOUTH 88° 40' 53" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 40 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70067532, MARCH 9, 2017) EAST HALF OF TRACT 2, EXCEPT THE WEST 55 FEET THEREOF, AND ALL OF TRACT 11, BLOCK 1, COLEGROVE'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KINGCOUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET OF THE NORTH 127.4 FEET OF TRACT 11. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. D /2o 17. 167040-0020 ESMT.DOCX Page 1 of 1 291 292 PROPERTY LINE SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. POB TAX LOT NUMBER 167040-0020 SIDEWALK AND UTILITY EASEMENT AREA = 40 S.F.± PROPERTY LINE 2.00' 2.00' W CO 7) 0 i i N.T.S. S 140TH ST V3 WEXISTING RIGHT OF WAY I . M I4 DATE: 07/27/2017 FILE: 17. 167040-0020 ESMT.DWG EXHIBIT PARCEL 167040-0020 SIDEWALK AND UTILITY EASEMENT 753 9N Ave N Seatte, WA 98109 (206) 286-1640 swm.kp0.com 2502 Jeferso.1 Ave balm, WA 98402 (253)627-0720 EXHIBIT _et PARCEL NO. 167040-0145 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 140TH STREET AND EASTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01° 35' 18" WEST ALONG SAID EASTERLY MARGIN, 25.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 5.00 FEET TOA LINE THAT IS 5.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 17.76 FEET TO A NON TANGENT CURVE TO THE RIGHT TO WHICH A RADIAL LINE BEARS NORTH 50° 20' 45" WEST, 22.89 FEET; THENCE ALONG SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 12.55 FEET TO SAID SOUTHERLY MARGIN; THENCE ALONG SAID SOUTHERLY MARGIN NORTH 88° 44' 34" WEST, 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 154 SQUARE FEET, MORE OR LESS. PARCEL A": (PER TICOR TITLE COMPANY ORDER NO. 70064114, DATED JANUARY 4, 2017) THE WEST 100 FEET OF LOT 3, BLOCK 2, COLEGROVE'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 61.2 FEET THEREOF; AND EXCEPT THE NORTH 20 FEET THEREOF FOR SOUTH 140TH STREET. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 30. 167040-0145 ESMT.DOCX 03jo`g2ai Page 1 of 1 TACOMA. SEATTLE 293 SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. DATE: 03/08/2017 15391hAve 0 Seattle, WA 98109 (206) 286-1640 wetiw.kpg.cem 20' ROW 5 140TH ST 1 S 88'44'34" E N.T.S. EXISTING RIGHT OF WAY N POB 15.00' 5.00 5.00' O N R=22.89', L=12.55' SIDEWALK AND UTILITY EASEMENT = 154 S,F.± TAX LOT NUMBER 167040-0145 FILE: 30. 167040-0145 ESMT,DWG 2502 Jefferson Ave Taama, WA 98402 (253) 621.0720 EXHIBIT PARCEL 167040-0145 SIDEWALK AND UTILITY EASEMENT 294