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Home My WebLink AboutPermit PL12-010 - TUKWILA SOUTH - BOUNDARY LINE ADJUSTMENTTUKWILA SOUTH BLA 0222049015, 03221490491 0322049020., 0322049102 PL1 2-01 0 L12-011 BOUNDARY LINE ADJUSTMENT - PRELIMINARY APPROVAL 14 r u IE ®f Tukwila Jim Haggerlon, LC12 Department of Community Development Jack Pace, Director NOTICE OF DECISION Preliminary Approval June 14, 2012 Jami Balint PO Box 88028 Tukwila, WA 98138 jbalint@segaleproperties.com RE: Tukwila South BLA L12-011 PL12-010 Parcel NOs: 0222049015, 0322049049, 0322049020, 0322049102 Dear Ms. Balint: City of Tukwila staff has completed review of your short plat application (No. L12-011), and determined that it complies with all applicable City code requirements. The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. Based on the latest project submittal, preliminary approval is granted, per TMC 17.08.030, subject to the conditions stated below. There are three basic steps in the short plat approval process: 1. Preliminary Approval This letter constitutes your preliminary approval. The application was reviewed by the Tukwila Short Subdivision Committee and approved with conditions. The conditions imposed are to ensure the short plat is consistent with the Criteria for Preliminary Approval listed at TMC 17.12.020 C in the Tukwila Subdivision Code. SM Page 1 of 5 HAL12-011 Segale BLA\L12-011 NOD.doc 06/14/2012 10:03:00 AM 6300 Southeenter Boulevard. Suite 4100 • Tukwila, Washington 98188 • Phone 206-431-36'0 • Fax: 206-431-3665 PRELIMINARY APPROVAL CONDITIONS Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following revisions: SHT. 1 thru 6 of — Provide (BLA) plan no. L12-011 on all sheets. SHT. 2 of 6 — Re -label South 196th Street as South 200th Street. (::(2) S ow and label existing Frager Road including 80' ROW (or) Justify not showing on Survey Map. (3) Ju ify showing (Parcel `B' — Drainage Ditch Tracts) within South 2041h Street .O.W.). Abel "to be extinguished" those portions of the old drainage ditch(es) that will not amain. (5) The cul de sac easement recorded under KC recording number 9705231406 is not 4ferenced on the legal description for New Parcel B or on the title report for Parcel A. SHT. 3 of 6 e�—(abel 1) Jus�hfy showing (Parcel `B' — Drainage Ditch Tracts) within South 204th Street .O.W.). "to be extinguished" those portions of the old drainage ditch(es) that will not remain. SHT. 4 of 6 — XCorect spelling of PERFORMED. (Under NOTE: on Survey Map) SHT. 5 of 6 — Original Parcel `D' Tax Lot # should end with 9020, not 9049. Correct spelling of FOR as part of Original Parcel `D', second sentence. .. 3) Verify Original Parcel `D' Legal Description portion that shows (THENCE SOUTH IV 172.92 FEET). Does not match King County Assessors Map (SW1/4 of the SETA, 03-22-04). SHT. 6 of 6 — (1) Verify New Parcel `D' Legal Description portion that shows (THENCE SOUTH 172.92 FEET). Does not match King County Assessors Map (SW1/4 of the SE1/4, 3-22-04). (3t New Parcel `D' Tan Lot # should end with 9020, not 9049. Additional Revisions 1. Easement Agreement — K.C. Rec. no. 20070202001590. Page 12 Legal Description at middle of page (THENCE SOUTH 172.92 FEET) does not match King County Assessors Map (SW1/4 of the SE1/4, 03-22-04). Page 14 (Legal Description of the Easement Area) shows "SECTION 10" instead of BLA L12-011 sM Page 2 of 5 06/14/2012 10:03:00 AM HA 12-011 Segale BLA\L12-011 NOD.doc "SECTION 3", in three places. Page 16 (Legal Description of the Height Restriction Area) shows "SECTION 10" instead of "SECTION 3", in one place. 2. Public Right -of -Way Easement Agreement — K.C. Rec. no. 199705231406. Page 1 at bottom of first paragraph should be South 204th Street, not South 2001h Street. 3. Quitclaim Deed — K.C. Rec. no. 20101022001794. Last Page — PARCEL 9 ("Parcel M") at second paragraph should be ---- 306 feet west of the Southeast corner ------, not southwest corner. 4. Legal Description for APN: 032204-9020 at end of Title Report (Page 1) middle of page shows (THENCE SOUTH 172.92 FEET). This does not match King County Assessors Map (SW 1/4 of the SE1/4, 03-22-04). 5. A Sensitive Area Easement, in a form and manner approved by the City of Kent, shall be recorded and shown on the face of the BLA allowing the District's continued use, repair and maintenance of the drainage ditch located on parcel number 0322049049; as required under Attachment A. 6. A plantineasement ccording to section 2 of the "Agreement" shall be recorded and shown on the face of the BLA allowing Segale Properties the right to access Parcel B and maintain the sensitive areas plantings on Parcel B as required under Attachment B. The easement shall require maintenance of sensitive areas according the Tukwila Municipal Code Chapter 18.45. �J J 0--k \ - Z to t ,\ 4 ., 7. Provide legal descriptions for all NGPA areas, record the NGPAs against the property titles and provide copies of the recorded documents to the City for all NGPAs that are partially or fully located on the BLA plan as required under Attachment F, item 18. APPEALS This boundary line adjustment approval decision may be appealed to the Hearing Examiner. One administrative appeal of the decision on the boundary line adjustment is permitted. If no valid appeals are filed within the time limit, the decision of the Department will be final. In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of the Notice of Decision (06/27/2012). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall include: The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing parry is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. BLA L12-011 sM Page 3 of 5 06/14/2012 10:03:00 AM HAL12-011 Segale BLA\L12-011 NOD.doc 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all hearing examiner costs will be passed through to the appellant. Any appeal shall be conducted as a closed record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. 2. Final Approval The next step is to comply with the conditions of approval and submit one full-sized, signed original and three full-size copies of the Boundary Line Adjustment documents. The surveyor's original signature is required on the face of the survey. All taxes and fees assessed against the property must be current prior to final approval. Please check with the King County Assessor's Office and the City of Tukwila Finance Department prior to submitting final documents. After the documents have been found to be in order, and the all of the requirements of the short plat have been met, the Chair of the Short Subdivision Committee signs your Boundary Line Adjustment which constitutes a grant of final approval. FXPTR A TT()N The final approved boundary line adjustment must be filed with the King County Department of Records by June 14, 2013, one year from the date of this preliminary approval or the application will expire. The City may grant a single one year extension if requested in writing prior to the expiration date. 3. Recording The signature of the Chairman of the Short Subdivision Committee certifies that your short plat application is ready for recording. It is your responsibility to record the City approved short plat documents with the King County Department of Records. You will need to pay the recording fees and submit your approved original short plat to King County. The BLA is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. BLA L12-011 SM Page 4 of 5 06/14/2012 10:03:00 AM HAL12-011 Segale BLA\L12-011 NOD.doc After recording, the County returns the recorded original to the City of Tukwila within 4-6 weeks, at which time your BLA is considered complete. You can shorten this processing time by hand -delivering a copy of the recorded BLA to the project planner. In many circumstances, building permits on the short platted property may not be issued until a copy of the recorded BLA (or original) is returned to the Department of Community Development. If you have any questions about this matter please direct them to the project planner, Stacy MacGregor at 206-433-7166 or stacy.macgregor@tukwilawa.gov. Sincerely, � ptl�u Jack Pace Director, Department of Community Development Enclosures Attachment A: Interlocal agreement between Tukwila and Kent, page 2, item 2.2 Attachment B: "Agreement" dated 7/22/10 between drainage District 2 and Segale Properties, page 4, item "2. Planting Easement" Attachment C: ROW Easement between Kent and La Pianta, page 1 Attachment D: Easement between Zgraggens and La Terra pages 1, 12, 14 & 16 Attachment E: Quitclaim Deed, Page 1 and Page section heading "Parcel 9 (Parcel M)" Attachmetn F: File L10-014 Revised NOD, page 4 cc: King County Assessor, Accounting Division Department of Ecology, SEPA Division City of Kent, Erin George, Senior Planner EGenr4oc,&.kenlwa.gov King County, Pat Simmons .1'at.Sininionsra kiiigcortnty.� oi� BLA L12-011 sM Page 5 of 5 06/14/2012 10:03:00 AM HAL12-011 Segale BLAT12-011 NOD.doc NOW THEREFORE, in consideration of the following recitals and the mutual promises and covenants contained herein, it is agreed as follows: AGREEMENT 1. Purpose of Interlocal Agreement. The purpose of this Agreement is to provide an efficient permitting and monitoring process for the Wetland Mitigation Area to avoid the inherent uncertainty of two separate review processes. 2. Review and Decision -Making Process for Permitting and Approvals Needed for the Wetland Mitigation Area. 2.1 Kent shall be responsible for issuing and inspecting any right-of-way or utility permits for the Wetland Mitigation Area. Tukwila shall be solely responsible for receiving, processing, enforcing, and monitoring all other permits or applications for the Wetland Mitigation Area pursuant to the Tukwila Municipal Code and any pertinent state and federal statutes. Tukwila shall verify that the applicant has obtained all state and federal permits required for the Wetland Mitigation Area. f - 2.2 Tukwila shall require that the applicant record a Sensitive Area Easement, :31 in a form and manner approved by Kent, containing all critical areas and critical area buffers in vJi the Wetland Mitigation Area in accordance with Kent City Code 11.06.640. The Sensitive Area Easement shall allow the District's continued use, repair and maintenance of the drainage ditch located on parcel number 0322049049. 2.3 Tukwila shall notify Kent when Tukwila sends the project work in the Wetland Mitigation Area to final acceptance and closeout and begins the monitoring and maintenance periods. 2.4 Tukwila shall send Kent copies of the following items: 2.4.1 Any permits or approvals issued by Tukwila, state or federal agencies for the Wetland Mitigation Area. 2.4.2 Any pre -construction meeting notices for the Wetland Mitigation Area. 2.4.3 Any communication regarding construction and installation schedule for the Wetland Mitigation Area. 2.4.4 All critical areas mitigation monitoring reports for the Wetland Mitigation Area. 2.5 For applications that require public notice, Tukwila must include Kent on Page 2 �` r remains in possession of the easement described in Section 1.2, Segale Properties shall pay to the District the difference. in value between fee simple title and easement for the respective parcel of land that could not be transferred to the District. The parties agree that the difference in value between the fee simple interest and the easement interest in the Parcels shall be $10,000.00 (the "Difference"). If less than all of the Parcels are returned to the District, then Segale Properties shall pay to the District the Difference after being ratably adjusted based upon the ratio of the amount of square footage returned to the District in fee to the total square footage of the Old Stormwater Drainage Ditch. Segale Properties shall pay the due amount to the District within thirty (30) days of the denial of the subdivision application. 1.6 Termination of the Agreement In the event that Segale Properties is unable to obtain the permits to do the work described in this Agreement, this Agreement shall terminate automatically, and the parties shall be restored to their original positions immediately prior to the Effective Date, including without limitation, reconveying title to property and terminating easements. Segale Properties shall bear all reasonable costs related to the termination of this Agreement. 2. PLANTING EASEMENT At the time Segale Properties transfers to the District Parcel B or Parcel C, Segale Properties shall reserve an easement granting the. right to plant, maintain, and monitor plants and other foliage, but expressly excluding trees, together with the right to erect fences, within said parcels, provided however, that Segale Properties' planting shall not extend beyond the ordinary high water mark into the ditches located within said parcels ("Planting Easement"). The District shall not be permitted to mow, kill or otherwise remove the plants and foliage planted by Segale Properties, provided however, that the District may remove any plantings that are materially impairing or threatening to materially impair the operation of the drainage ditches.. Segale Properties shall grant to the District a license to enter onto Segale Properties' property at reasonable times and places for the purpose of inspecting and maintaining the District's drainage ditches, and to remove any plants or trees that the District deems to be a threat to the operation of its ditches, and that such access may be on foot or by motor vehicle, provided the District shall repair any damage causes as a result of crossing Segale Properties' property. PAGE AGREEMENT 7/9/10 NCA-1'CV\a14 13 Grantor: La Pianti 14 ite4i' 6 4 a Washington Limited Partnership City of KentGrantee: W Abbreviated Legal Descriptidt : ft..,--'6fGovt. Ut.&-*-in 2-12.4 and Pta. in NE of SE .Y a Description on page four(4) u en Addition I Legal du6c ih t. AssessorwTax Parcel ID No. 022204-9015-01 .. . .... FI7BLIC RIGHT-OF,WAY F-ASIEMIEn., La Piant LipntO P4rtnership, a Washington limited partnersl ! foi*ano, Con§ideratio_i ofTep-Dollars and other valuable consideration, in hand paid, receipt of whkh Gradior acldiowled&s, conveys and quit claims to the City of Kent, a Washington Muni-cip"al C_: oratibn and its successors and assigns, the perpetual an&,eisiexiient for the purpose of constructing, So operating, maintaining, iinpr6ving, altering; recbAs and repairing a pub] c right-of-way cul-de-sac terminationI . . of Frijerkoaa jiist 'north of South ;GOM-Street over, under, through, acro s pon the folfowing:`des 'n1wd real property parcels, situated iu King County, Washingto"ji: V SEE tkl1$1T '"'A" ATTACBED Grantee shall at all times exercise its ii ts.;unde':*r this easement efit in accordance Ic with the requirements of all applicable statutes, ordets, niles.4nd:' at.iarts 6f aliy. public authority having jurisdiction. Grantee accepts aernin't area -in it q s.prese-,.. . ....... physical condition, AS IS. Grantee does hereby release, in 4hdpto o ... A PUBLIC RIGHT-OF-WAY EASEMENT PA09 I P43674)0021SB971110.27113+ 4n X17 DOOLiTy ir an . - I. f" Re.tu:: rrf',Ad dress La Terra�Lir�ited�Pa.rtnership �JijkvViI6 WA 98138 Mn-:Jacek 47,00 Document Title(s):(br tr-bnsabtio,h§'- cbn.t6ined therein): Lig 1. Easement Agreemen't C5DMM0N-4k1-.A1,TH LAND Reference -Numbers) of D8:cu--jnen`t4 ass--'--ignd..--or'- released: N/A (on page,::I::. of documents(s)) Grant6r(s)::,(Last name first, then first namb-;anld in,jtia,l�): 1. R--OSE,--"'MARY-.:-ZGRAGGEN, as her separate estate : 2....ANTbN jOSEPH ZGRAGGEN, as Trustee of the"'Zgraggen M,arit6l Trust 31i". MARIE:::RO9t.ZGR-AGGEN, as Trustee of the Zgraggo.q IV dtal--.-.Trust 7 brant6'6(s) (Vast name first, then first name and initials): 1. 'L.&T 2. F] Additional narq6s.-.,-*on.:-pag0... �.fAocument. Legal description (abbr6iated: i.e .,. IQ k plat or section, township, range) . ........ PORTION OF SEI/4 OF*b3-22N.:,'04E El Full legal is on page 13 - 18 of document. Assessor's Property Tax Parce I/A6"Ou6t.Number 0322049020 Said document(s) vjerf,, by CommonwoaKri lwnd'Uitt.. . x,,,,)wmodat1on only, it has not been axamined as to proper ex=Mon or as to its ~ upon We. EASEMENT AGREEMENT LEGAL . SCHEDULE 1 to Easement Agreement DESCRIPTION OF THE PROPERTY JHE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION '3' T-b*WNSkl0 22 OR -H',':� RANGE 4 EAST OF THE W.M., KING COUNTY, :1NASH N,,t6N EXCEPT THE R FOR)RAINAGE DITCH; " AND EXCEPT THAT. PORTION -F o R sbUT-H,,204 TH STREET; AND EXCEPT THAT PORTION DLSr,"R]'BED..AS'-*�FOLL,O.-,WS: BEGINNING 555.06 FEET EAST OF T- HEAORT.HWES.-T CQRNER OF THE SOUTHWEST QUARTER OF THE S bUT.HEAST QUARTER O:F SAID.�!;--:: SECTION 3i:--`T0ENCE SOUTH 206 35`0. "WEST;::' o18216 FEE T....., THEN.C..'E �5O.UTH 172.92 FEET; 'THF.--NCE;SO.0TH 200 30'00"WEST 173,58 FEET; THENCE SOUTH.,33"K.'00"WEST 173.58 FEET; THENCE WEST 180-."04 FEET THENCE NORTk,:. 9-6 45.'0-0"'WE8T-, 163.68 FEET; THENCE NORTH 09°--:-'35,00"EAS..T.-.9966::FEET; THENCE NORTH 200 35'00'EAST 427,.,:02 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTERI,OF: TH"E. $OUTH,-EAST QUARTER OF SAID SECTION 3; THENCE EAST TO THE BEGINNING AND EXCEPT THAT PORTION OF SAID S{JBbIVESION LYIN'& ........... SOUTHEASTERLY OF A LINE BEGINNINGbN Tk&:S6bT-'f`4"L":INE. OF-. SAID SUBDIVISION 866.40 FEET WEST OF DRAINA6E..DIT H`.:. F WENT AGREEMENT .ASF PAGE. 2 ..QUARTER: OF SECT 10N 10 lgYVNSHIP 22 NUR I H, KAN(3E 4 EAS 1 Uh- :'JHE W.M."' KING COUNT`, SHINGTON, BEING DESCRIBED AS FOLLOWS` BEGINNING A7 THE SOUT�I.ki'VES�.CGIRNER OF SAID SUBDIVISION; THENCE NORTH��89° 38',1'2"E" / LONG THE SOUTH LINE OF SAID SUBDIVISION A DIS`TAN:0E, F 44.217,;ftEET; THENCE LEAVING SAID SOUTH LINE NORTH 2503:9'15nEAST_`1478:76_FEET TOA POINT ON THE NORTH LINE OF THE`SOUTH.-. IEST..Q,UARTER:.OF THE SOUTHEAST QUARTER OF SAID S TION_1,0; THENQ,E'�6,OQTH .89° 45'55"WEST ALONG SAID NORTH LINE -112.43:°FEET;'THLN:'bE S6UTHERLY THE FOLLOWING COURSES; SOUTI# 43° 221-tT WEST 64.64"FEE:T- THENCE SOUTH :34° 4:3'25"WEST 147.78 FEET; THENCE SOU TH.42°, 25'05"VE6T 375.79:FEET; THENCE SOUTH 39° 30'43';USJEST 99.0.4 FEET; THENCE: NORTH 79°�;43'59"WEST 97.03 FEET TO AN ANGLE"POI_NT OIL THE BOUT DARYl1N� OF THE ST. PATRICK CEMETERY;7TH*ENCE SOUTH 320 46'02"WtST;ALONG THE EAST LINE OF SAID CEM: ETIfRY A DISTANCE OF` 176-.'58 FEET; TI-{ENCE SOUTH 89° 46'02"WEST ALONG THE::SOUTH LINE dF SAID.:C.EMETERY 180.04 FEET; THENCE LEAVING It BOUNDARY 6F SAID. CEMETERY SOUTH 680 27'52"WEST 167.68 FEET TO��THE WEST LIKE.' THE..SOUTHWEST QUARTER OF THE SOUTHEAST:*QLlAR�fEF` OE SAID. F, T1 1 �,Ox THENCE SOUTH 00° 12'08"EAST A. oNG SAID WEST L]NE.619.60 FEET TO THE POINT OF BEGINNING. `.. SCHEDULE 4 to Easement Agreement LEGAL DESCRIPTION OF THE HEIGHT RESTRICTION AREA THAT.PORTION OF THE SOt3T 1NE$T,aQUARTER OF THE SOUTHEAST QUARTER::OF'°SECTION 1:0;:'TOWI SHJP 22 NORTH, RANGE 4 EAST OF , - O, THE W.M., KING COUNTY, W�ASHI[�GrtON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE' SOUTHWEST GdRN�R OF S'A l) SUBDIVISION; THENCE NORTH 890 38'1; "EAST ALONG THE SOUTH: LINE OF SAID SUBDIVISION A D[STANCt �F�442::1.:7 FEET -:THENCE LEAVING SAID SOUTH LINE NORTH 250 39'15`Ep, ST 1478.76 E:ET.:TO.•A f?�.OINT ON THE NORTH LINE OF THE SOUTHWEST '-QUARTER,OF:TH SOUTHEAST ":;: QUARTER OP' -SAID SECTION 10, AL.SQ BE [tV THE TU POIT OF.4" BEGIN..NIN{,?.; TH.;NCE SOUTH 89045 SAID F ORTH LfNE 112.4.3 FE0-;. THENCE SOUTHERLY THE F0:LL6U ING--00URiSE'S; SOUTH 450 22'57"WEST 64.64 FEET; THENCE SOUT 340 4 '25"WEST 147.:78 FEET; THENCE SOUTH 42125'05"WEST 375:79,-FEET;:.TH.ENCE SOUTH 399 30':43"WEST 99.04 FEET; THENCE SOUTH 79°,'43'59�EAST 126.07 FEET;;` 1.t; NCE NORTH 39130'43"EAST 34.66 FEET; THENCE NORTH 420.2 5'05";E'A$T $80.40 FEET; THENCE NORTH 340 43i25"EAST 146.85 FEET; THENCE NO,RTH`43° 22'57"EAST 44.60 FEET; THENCE NORTH 25" 39'15?:,EAST 93.93...FEET TO THE POINT OF BEGINNING. Return.Address 'Segale ,Properties LLC PO 13ox88028 :Tukwila; WA .9$13$'`,. Attn: jacek::Pawlij ki 201COMMONUE0102200,1794.00 PME-001 OF 001 Document Title(s) (or'transactiQns.:contaiped therein): 1. Quitclaim Deed Reference,Number(s) of Documents issitined or.ireleas@d: N!A=:;. (on page _:, af.documents(s)) Grantor(s) (Last name first, then first name and initi;als)., 1. :DRAINAGE DISTRICT NUMBER TWO OF KING COUNTY; WA: SMINGTON, a Washir gton municipal corporation ��a,n+e ej wera;i�ped;:to� a C0MMW wee ft land *q r .: d!► 0* not asDn�n .,• : • : : � or � � as 6o proper �;;.. ❑ Additional names oh page_ of doh uporit& Grai teetO (Last ham6 first,:.tltien "first name and initials): 1. SEGALE PROPERTI:.E8 LLC..,. a Washington limited liability company 2. ❑ Additional names:1*0n page of document. Legal description (abbr6viated:::i.e' Iot;'block, plat-b'section, township, range) PTN of SE1l4 of Section 3, Tw i 22N, R.'ge 4 EW ® Full legal is on page 5 of document." ";.. Assessor's Property Tax Parcel/Acc,6 nt:Number 032204-9049 TvD'rm,' CoriHojj b d planting density in the Coluccio wetland buffer shall be increased (double the number of trees currently proposed) to achieve a 10 ft. o.c. planting density_; b4flefease planting densiVy in IX'etlands 10 and 11 in the fellowifig areas--. f PFO t dd .difi 1 1 "50 1,.•ubs + mot 1:.,.,1.,. „„*tS T.III'�C[RCl-CCRTLC[Ctt[Iv1YC�✓0'�Iil'G[OTceTIi ,.�ivvivbJ .�:1..... v...v 1 2, a eat plants 15. Revise TESC drawings to clearly show erosion control measures for the grading of Johnson Creek and Wetlands 10 and 11. 16. In areas where plastic mulch is utilized for weed management, the plastic must be biodegradable as well as photodegradable. In other areas. the applicant shall follow an inte ar ted approach to weed management using a combination of strategies listed in Section 7.1.4 of the mitigation plan, that shall include dense plantings to exclude non-native species, application of sterile straw or other biodearadable mulch; mechanical removal using mowers, line trimmers or hand removal; and implication of EPA -approved herbicides for aquatic use. efganie mulebes must be applied (sueh as weed ehips) to these ai!eas not being s6eded. The 17. The applicant shall provide a bond for 25% of the dollar value of the completed mitigation. Portions of the bond may be released in proportional amounts, as the mitigation progresses. 18. Provide legal descriptions for all NGPA areas, record the NGPAs against the property titles and provide copies of the recorded documents to the City. 19. If interlocal agreements have not been approved with the City of Kent and King County regarding permitting authority for Wetland 11, the applicant must provide copies of the grading or other permits required from these jurisdictions and copies of any conditions applied through the permits. Revised Conditions After Completion of Mitigation Activities 20. Submit detailed monitoring and maintenance plans for the Coluccio wetland/buffer restoration area and the Wetland 1 buffer enhancement area. 21. Submit as -built mitigation plans and a completion report upon completion and acceptance of mitigation installation showing location of all habitat features, number of plants actually installed (by species- provide copies of order slips, evidence of seed mix used) for each planting area, areas where plastic or other mulch was installed, soil amendments utilized (and locations), etc. 22. Submit a detailed monitoring plan showing the number and location of sample plots and transects or other monitoring methods proposed for monitoring hydrology, vegetation and other performance standards. 23. Copies of all sensitive area monitoring reports shall be provided to the City of Tukwila and any contingency plans for corrective actions shall be approved by the City. The applicant shall grant the City site access for the purposes of verifying the monitoring reports and implementation of contingency measures. 24. Prior to final sign -off on the clearing and grading permit, install splitfail wire mesh fencing and durable signage (placed approximately every 350 feet, mounted on steel or wooden posts and attached by screws or bolts) around those allgin areas required by the Department of Ecology to be fencedefetmd wetland fnitigatien si Text of the signage shall satisfy Ecology's requirements; shall be consistent with the requirements of the SAO and shall include a telephone number for the City of Tukwila Department of Community Development. In addition, the applicant shall temporarily fence with brightly colored construction fencing, those portions of the NGPA area where wading is proposed adjacent to the NGPA areas. At the time anv development is proposed adjacent to the remaining; NGPA areas, permanent fencing shall be required. CL Page 4 of 6 12/29/2010 W:\Long Range Projects\Tukwila South Project\Sensitive Areas Master Plan\SAMP Staff Report & NODE10-014 Revised Notice of Decision- final.doc 0A kAA (X"C'ST '�- Stacy MacGregor From: George, Erin <EGeorge@kentwa.gov> Sent: Monday, June 04, 2012 4:16 PM To: Stacy MacGregor Subject: RE: Tukwila South BLA Sta cy, Sorry for the delay but wanted to tie up the loose ends here. We have no comments on the Segale BLA. I put Jami Balint in touch with our wetland ecologist, Andrea Jedel on May 16th to obtain the sensitive area easement language. Thank you for keeping us included and in the future you can use me as your contact for this project. Sincerely, Erin George, AICP, Senior Planner Planning Services I Economic & Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5454 1 Direct 253-856-5436 egeorge@KentWA.gov www.KentWA.aov n12r From: Stacy MacGregor [maiIto: Stacy. MacGregor(a)TukwilaWA.gov] Sent: Wednesday, May 16, 2012 12:31 PM To: Gilbert, Matthew Subject: Tukwila South BLA Hi Matt, I am the planner assigned to process a BLA for Segale Properties. Tuhwila and Kent have an interlocal agreement for Tuhwila to process this BLA. The interlocal requires a sensitive areas easement, approved by Kent, for the Wetland Mitigation Area; this easement also will allow the drainage district's continued use of the drainage ditch on one of the parcels located in Kent. Segale Properties is working on this document; I will need it in advance of signing the BLA. If you would line to comment on the BLA, it is attached along with a copy of the interlocal agreement. Please send me comments by May 30, 2012. If you are not the correct person, would you please let me know to whom 1 should send this message. Regards, Stacy MacGregor Assistant Planner I City of Tuhwila 6300 Southcenter Blvd I Tukzwila, WA 98188 Tuesday, Wednesday, Thursday 8:30-3 ph: (206) 433-7166 1 fx: (206) 431-3665 pleura note my newQ sc and the City`$ new websitex a King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.Kingcounty.aov May 29, 2012 Jay D. Babcock Segale Properties P. O. Box 88028 Tukwila, Wash 98138 RE: BLA FILE L12L0027 Drainage District Mr. Babcock: We have completed our initial review of the above referenced project and have enclosed a "redlined" plan set. Please address the redline comments, then submit two sets of plans. Sheet 1 We would prefer to have a King County signature block and the approval note of the Tukwila BLA Sheet 2 I recommend the following Relabel SE 200 Street not S 1961h Street Note the section on the east corner of section 3 The south line of S 2001h Street seem to follow the City of Kent boundary in ROS # 2006060790015 and not the deed description. Please note that as the shown boundary. Note that the drainage ditch area that will be extinguished. Sheet 3 Note the Cemetery piece is not a part of the BLA Label the distance across Orillia Road S Label Orillia Road per SCC 653033 Page 2 June 7, 2012 Segale Properties Sheet 3 Cont Clarify if the new portion of the drainage ditch in the west 7.5 feet of the SE corner crosses into the existing ditch. The portion of the drainage ditch property should not extend into the ROW for S 204th Street. Label the Deed of the existing portion as CL is 7.6 feet east. Label the portion of the ditch tract to be extinguished. Please show the Center line of the ditch on the east side of parcel "C" as a center line dashing. Label the S line of the North 1/2 of the SE 1/4 of section 3-22-04 I note that survey for separate lot by Sprout engineer has a slightly different alignment for S 204th Street. See attached map. Sheet 4 Please show the outline of the parcel on the section map Sheet 5 Correct the typos of parcel "D" Tax Lot to 0322049020 and the exception for the ROW "for" Sheet 6 The new portion of the drainage ditch with center line should include the statement the "margins are shortened or extended to the boundary of the ROW or existing property" Parcel D Correct the tax parcel for "D" to -9020 ADD to the except for drainage ditch described as follows..... None of parcel "D" is in the City of Kent. i Page 3 June 7, 2012 Segale Properties If you have any questions regarding this matter, please contact me at 206-296-6636 or Email: Pat.Simmons@Kingcounty.gov. Sincerely, Patrick J. Simmons Engineer Engineering Review Section cc: Segale Properties Enclosure Stacy MacGregor From: Stacy MacGregor Sent: Wednesday, May 16, 2012 12:31 PM To: 'MGilbert@kentwa.gov' Subject: Tukwila South BLA Attachments: 11-097 - City of Kent - Permitting Authority for Tukwila South Wetland Miti.pdf, SEGALE BLA.pdf Hi Matt, I am the planner assigned to process a BLA for Segale Properties. Tukwila and Kent have an interlocal agreement for Tukwila to process this BLA. The interlocal requires a sensitive areas easement, approved by Kent, for the Wetland Mitigation Area; this easement also will allow the drainage district's continued use of the drainage ditch on one of the parcels located in Kent. Segale Properties is working on this document; I will need it in advance of signing the BLA. If you would like to comment on the BLA, it is attached along with a copy of the interlocal agreement. Please send me comments by May 30, 2012. If you are not the correct person, would you please let me know to whom I should send this message. Regards, Stacy MacGregor Assistant Planner I City of Tukwila 6300 Southcenter Blvd I Tukwila, WA 98188 Tuesday, Wednesday, Thursday 8:30-3 ph: (206) 433-7166 1 fx: (206) 431-3665 Please note my new email address and the Ci y's new welbfiites stacy.macgregor@TuhwilaWA.gov I www.TubwilaWA.gov City ®f Tukwila Jim Haggerton, iWayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION May 16, 2012 Segale Properties, LLC Jami Balint PO Box 88028 Tukwila, WA 98138 Subject: Tukwila South BLA L12-011 Dear Ms. Balint: Your application for a Boundary Line Adjustment is considered complete on May 16, 2012 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permit identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Please feel free to contact me with any questions at (206) 433-7166. Sincerely, Stacy MacGregor Assistant Planner cc. L12-011 sM Page 1 of 1 05/15/2012 HAL12-011 Segale BLAWOC.doc 6300 Southcenter Boulevard, Suite 9100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 MEMORANDUM w,v.ci.tukwil a.wa.us Development Guidelines and Design and Construction Standards TO: PLANNING DEPT. — Stacy MacGregor, Assistant Plamler CA* FROM: PUBLIC WORKS DEPT. — David McPherson, Development Engineer DATE: June 8, 2012 SUBJECT: Tukwila South — Boundary Line Adjustment (BLA) Multiple Lots South of S. 2001h Street — Between Orillia Rd. South & the West bank of the Green River Boundary Line Adjustment and Miscellaneous Review Comments L12-011 Public Works has the following Boundary Line Adjustment review comments. (BLA) Survey Map SHTS. 1 thru 6 of 6 — Provide (BLA) plan no. L12-011 on all sheets. SHT. 2 of 6 — (1) Re -label South 196th Street as South. 200th Street. (2) Show and label existing Frager Road including 80' ROW (or) Justify not showing on Survey Map. (3) Justify showing (Parcel `B' — Drainage Ditch Tracts) within South 2041h Street (R.O.W.). SHT. 3 of 6 — Justify showing (Parcel `B' — Drainage Ditch Tracts) within South 204th Street (R.O.W.). SHT. 4 of 6 — Correct spelling of PERFORMED. See NOTE: on Survey Map. SHT. 5 of 6 — (1) Original Parcel `D' Tax Lot # should end with 9020, not 9049. (2) Correct spelling of FOR as part of Original Parcel `D', second sentence. (3) Verify Original Parcel `D' Legal Description portion that shows (THENCE SOUTH 172.92 FEET). Does not match King County Assessors Map (SW1/4 of the SE1/4, 03-22-04). SHT. 6 of 6 — (1) Verify New Parcel `D' Legal Description portion that shows (THENCE SOUTH 172.92 FEET). Does not match King County Assessors Map (SWl/4 of the SEl/4, 03-22-04). (2) New Parcel `D' Tax Lot # should end with 0)20, not 9049. t r Miscellaneous Review Comments Easement Agreement — K.C. Rec. no. 20070202001590. Page 12 Legal Description at middle of page (THENCE SOUTH 172.92 FEET) does not match King County Assessors Map (SWl/4 of the SE1/4, 03-22-04). Page 14 (Legal Description of the Easement Area) shows "SECTION 10" instead of "SECTION 3", in three places. Page 16 (Legal Description of the Height Restriction Area) shows "SECTION 10" instead of "SECTION 3", in one place. 2. Public Right -of -Way Easement Agreement — K.C. Rec. no. 199705231406. Page 1 at bottom of first paragraph should be South 2041h Street, not South 200th Street. 3. Quitclaim Deed — K.C. Rec. no. 20101022001794. Last Page — PARCEL 9 ("Parcel M") at second paragraph should be ---- 306 feet west of the Southeast corner ------, not southwest corner. 4. Legal Description for APN: 032204-9020 at end of Title Report (Page 1) middle of page shows (THENCE SOUTH 172.92 FEET). This does not match King County Assessors Map (SW1/4 of the SE1/4, 03-22-04). CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX.- (206) 431-3665 E-mail: planninggTukwilaWA.gov BOUNDARY LINE ADJUSTMENT / LOT CONSOLIDATION A Boundary Line Adjustment is the realignment of property lines between adjacent parcels. Additional legal lots may not be created. A Lot Consolidation is the elimination of property lines and the consolidation of two or more lots into fewer lots. REQUIREMENTS: All amended lots must meet minimum lot sizes and otherwise satisfy the review criteria. The current standards apply even if the original lots did not conform. No amended lots may create a nonconformity or increase the level of non -conformity with any current regulations. PROCEDURE: The process for both a Boundary Line Adjustment and for a Lot Consolidation consists of three steps: preliminary approval, final approval and recording. Within 28 days of receiving your application, City staff will determine if it is complete based on the attached "Complete Application Checklist". If not, you will be mailed a letter outlining what additional information is needed. If you do not submit requested materials within 90 days from the City's request for additional information the City may cancel your application. PRELIMINARY APPROVAL: Once the application is complete it will be reviewed by the Short Subdivision Committee, made up of representatives of the Fire, Public Works and Community Development Departments. The Committee will issue a decision to approve, modify or deny the application based on the review criteria in Chapter 17.08 of the Tukwila Municipal Code. FINAL APPROVAL: After the preliminary approval conditions have been met, an application for final approval shall be submitted to DCD for final review. A complete final application shall consist of the documents required for recording including: 1. Final recording documents in a recordable format, including: a. Before and after legal descriptions of the affected lots, b. Affidavit of Ownership signed and notarized by all owners, c. All easements and maintenance agreements, 2. Any required bonds or other financial guarantees, 3. Other documentation necessary to demonstrate the conditions of the approval have been met. Upon receiving approval from the City, the applicant will be responsible for picking up the documents from DCD and recording them with King County Recorders Office. A copy of the recorded documents must be returned to DCD to finalize the approval process. The adjustment shall not be deemed final until the City receives these documents. H:\Land Use Applications in PI)PBoundary Line Adjustment -Lot Consolidation-Jan20l Ldoc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX. (206) 431-3665 E-mail: ?' `' '-` BOUNDARY LINE ADJUSTMENT / LOT CONSOLIDATION FOR STAFF USE ONLY Permits Plus Type: P-BLAILC Planner: File Number: L. —o I ) Application Complete Date: Project File Number:�'a _ Application Incomplete Date: Other File Numbers: NAME OF PROJECUDEVELOPMENT: Tukwila South BLA LOCATION OF PROJECUDEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Includes multiple lots north and south of 204th Street, including 4503 S 204th Street LISTALL TAXLOTIVUMBERS (this information may be found on your tax statement). 02220490151,03220490491P0322049020,0322049102 DEVELOPMENT COORDINATOR: The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: Jami Balint Address: P.O. BOX 88028 Phone: (206) 575-2000 FAX: E-mail: Jnt@segaleproperties.com Signature: � J" Date: " 4— I 1— l O HALand Use Applications in PDR13oundary Line Adjustment -Lot Consolidation-Jan201 Ldoc The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items Information Required. May be waived in unusual cases, upon approval of both Public Works and submitted Planning with application APPLICATION MATERIALS: ✓ 1. Application Checklist 1 co indicating items submitted with application. ✓ 2. Completed Application Form and drawings (4 copies). ✓ 3. One set of all plans reduced to 8 1/2" x 11" or 11" x 17". ✓ 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property 1 copy attached). ✓ 5. Application Fee: See Land Use Fee Schedule online. PROJECT DESCRIPTION AND ANALYSIS: ✓ 6. Vicinity Map with site location. ✓ 7. Clearly establish status as separate legal lot(s) of record (per TMC Title 17 and RCW Chapter 58.17), showing all known easements and encumbrances. 8. Provide any required maintenance agreements, easements or other documents ready for recording. Items 9 through 11 NOT required for lot consolidations or BLAs without vacant lots 9. Provide King County Health Department approval if there are any septic sstems on site. 10. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. 11. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines for additional information. RECORDING DOCUMENT: Templates are available from the City 12. (a) The recording document must meet the King County Assessor's recording format requirements (letter, legal or record of survey format). Only documents prepared by a surveyor may be in record of survey format 18" x 24" . (b) Drawing must include a graphic scale, space for the City of Tukwila file number and north arrow. It shall include the elements listed at TMC 17.08.030 ✓ c Provide legal descriptions of all lots before and after the proposed changes. ✓ (d) The recording documents must include signature blocks for the owner(s), Short Subdivision Committee, Assessor, and Recorder listed on the template, see TMC 17.04.060). ✓ (e) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. ✓ (f) Show existing and proposed utility easements (water, sewer, septic drainfields, power, natural as, tele one, cable). ✓ List total lot area and average width of each proposed residential lot. H:\Land Use Applications in PDF'Boundary Line Adjustment -Lot Consolidation-)an201 Ldoc Check items Information Required. May be waived in unusual cases, upon approval of both Public Works and submitted Planning with application (h) Dash in required setback distances from all parcel lot lines. (i) Show any required fire access lanes and turn-arounds per Fire Department standards. 0) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. SENSITIVE AREAS PLAN: NOT required for lot consolidations or BLAs without vacant lots 13. (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20%, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36". (b) Location of all required sensitive area buffers, setbacks, tracts and protection measures. (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. d Show proposed lot and tract lines. CIVIL PLANS: NOT required for lot consolidations or BLAs without vacant lots 14. a Include a graphic scale and north arrow. Maximum sheet size 24" x 36". / (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. (c) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. ✓ site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (d) Storm drainage design at least 90% complete, which meets the King County Surface Water Design Manual (KCSWDM). Include a Technical Information Report (TJR) including feasibility analysis if required by the Manual. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. For additional guidance contact Public Works or go to hq://www.tukwilawa.govL/pubwks/pwvermit.html. e Locate the nearest existing hydrant and all proposed hydrants. (f) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. (g) Plan, profile and cross-section for any right-of-way improvements. ` (h) Show planned access to lots, driveways, fire access lanes and turn-arounds. (i) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. 0) Show proposed lot and tract lines. H:\Land Use Applications in PDF\Boundary Line Adjustment -Lot Consolidation-Jan201 Ldoc ogjREGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL • INDUSTRIAL • AGRICULTURAL • NATURAL RESOURCES April 18, 2012 Minnie Dhaliwal Planning Supervisor City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Re: Drainage Ditch Parcel Boundary Line Adjustment Dear Minnie, Segale Properties LLC ("Segale") has prepared a Boundary Line Adjustment (BLA) for the relocated King County Drainage District No. 2 drainage ditch. As you may recall, the drainage district conveyed the parcel to Segale in order for Segale to relocate the drainage ditch as part of the Tukwila South Project infrastructure/mitigation projects. The parcel will be conveyed back to the drainage district after the BLA is recorded. The drainage ditch parcel has many "legs" and the parcel crosses into the jurisdiction of both King County and the City of Kent. The City of Kent agreed to allow Tukwila to process this BLA, however we must also submit a BLA application to King County. Though both Tukwila and King County will review this application, we hope that we can record one document. I will provide you with the contact information for the individual at King County who is assigned review of the BLA, so that we can try to coordinate the review. Please feel free to,contact me or Jay Babcock, our surveyor, if you have any questions. Reg Jami B t Company Counsel PO BOX 88028 • TUKWILA, WA 98138 ■ 5811 SEGALE PARK DRIVE C • TUKWILA, WA 98188 P 206.575.2000 • F 2 0 6. 5 7 5. 1 8 3 7 - www.segaleproperties.com CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX.- (206) 431-3665 E-mail: plaip in u TcrAitizlali _4.g AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at S 204th Street for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. Tukwila WA April 18 12 EXECUTED at (city), (state}, on 120 Mark A. Segale (Print Name) P.0 Box 88028 Tukwila, WA 98138 (Address) On this day personally appeared before me Mark A. Segale to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SW %it EFORE MEON THIS /B DAY OF prE / 20 JZ tzlwa, NOTARY PUB in and theState of Washington residing at av My Commission expires on 3�/3 H:�Iand Use Applications in PDF�Bo`im�y.l iac /Cdjus�al`ot Consolidation-Jan20l l.doc CITPOF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX: (206) 431-3665 E-mail: plann�uAtiVaN!I.goy AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss. COUNTY OF KING RECEMM 'APR 19 201211 The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 450-S S. 204th Street, Kent, WA for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at Kent (city), WA (state), on, April 12 (Print Name) v v v r i (Address) (Phone Number) (Signature 2012 On this day personally appeared before me Anton J . Zgraggen to me known to be the individual who executed the foregoing instrument and acknowledged that he/M signed the same as his/M voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND OR) �T�'URFPRE ME ON THI 12th DAY OF A NOTARY PUBL n and for the State of Washin*h ;0 e residing at Kent �1. '' - pU8 f6ft �� :?�, �yC: �,`� % My Commission expires on 12/ 15/ 15 'O -,; WASH�N flllllllltlt` H:\Land Use Applications in P13DBoundary Line Adjustment -Lot Consolidation-Jan201 Ldoc 20 12 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX.• (206) 431-3665 E-mail: planning@TylovilaWA.gov AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss. COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: I am the current owner of the property which is the subject of this application. RECEIVED APR 1 q 201.2 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. . 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4503 S . 204th Street Kent, WA for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at Kent (city), WA (state), on. Ap r i 1 12 2012 (Print Name) v J V At"'`12S Z , 10,�,CT7V 5/ /�Fiyi`Cc%I %Qe�o2 (Address) Sv s F A A- 7613 (Phone Number) (Signature) On this day personally appeared before me Marie R . Zg ra gge n to me known to be the individual who executed the foregoing instrument and acknowledged thatbe/she signed the same as ktier voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWAP Q, BEFORE ME ON THIS 12th DAY OF April GE-,, ��; •�o�" O" Ft NOTARY NOTARY PUBLI - and for the State of Washington NOTq R �" residing at Kent. PI j61 it- My Commission expires on 12/ 15/ 15 ,�? 15 -1 H:\Land Use Applications in PDF\BoimeAdibAgent-Lot Consolidation-J=201 Ldoc 2012 STATE OF WASHINGTON COUNTY OF KING CI7'�OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX.- (206) 431-3665 E-mail: p1annh7g@,Tu1h4)i1aWA. R CRIVID AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ! APR I COMMUNITY DEVELOPMENT ss. The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. . 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 4503 S . 204th Street Kent, WA for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at Kent (city), WA (state), on April 12 , 201_ (Print Name) 0 v (Address) 5?q-;[-f�3 (Phone Number) On this day personally appeared before me Rose M. Zg ra g e n to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THI12th DAY OF April 120 12 �4,,�� ` OTARY PUBLI and for the State of Washingto NOTl�R =_ residing at Kent ip~ �Y My Commission expires on 12/ 15/ 15 01 H:Umd Use Applications in PDF\Boundary 41wii Consolidation-Jan2011.doc I 1J�`W1LA• rys City of Tukwila Department of Community Development ��j'y►�� 0 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplanAtukwila.wa.us BOUNDARYLIMEADJ1 STMENTNUMBEFI ????? 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SEE SHEET 2 AND 3 OF 6 SURVEY MAP SWEOFWA&11t3R0VJ 143 J COWrycFA78£. 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ADaqEsS 51M REGALE PARK DR 'C gg1E 208-57r2000 O7Y/STA7E/a? T1,KWLA, WABHL 98391 VOLUME PAGE A91GC0WYFiWAC7ED f50V / c�HJ' Mel e/pgoeriy 1&res ero psHerd Mel a a6pa s7 hoe been mods h erdkAwd &morn! M pay Me hree Ax Me Aabsilp year. Mef Mae ero n db&gLw)t 4we'k/ N aerblkd to OW , 5 , for aalbcAw and dot vep&aUsesoomm7a on &W at Me property hereh dadbalied ae ebreh{ Wye{ ar /ar oMs ptdt dAe tro peAYh !W 7hb day of 20 Kip C * 77wevAr DVW A3p Cots* Dv — KING COUNTYASSES CI SAAFRiOVAL Eramhedend 4wowd by Me Dope *W# atAseseenAak OW dW of ro Kip C—* Aeaasad' DeprdyAesesscr ParcnVAYm6er(aJ 7VKWILA SHORT SUB9/1415 M COMMITTEE APPROVAL AoWsaed etd 44w ©wd by Me Shot &"*= CWMW&e endhsroby mrftd hr lip #b d w of 217 CYnoi'pAroaq SncrtSid>aAisbrn CammYMe I i 1� 193ROBTr s1rjtST / �f s _/ H F l �i /Sp S 1ge�t J W S 20Sii1 ST_ ?T � M--S108TH:. a1 VICINITY MAP SP S EGALE PROPERTIES A UMITED UABILITY COMPANY P.O. Box 88028, Tukwila, WA 981i38 58113egale Park Dr. C, TuWa, WA =88 www-segalepropertimcom Phone 206-575-2000 Fax 206-575-1837 DRAWN BY JAY B. DATE 04/09/2012 JOB NUMBER WA CHECKED BY SCALE SHEET MARK) S. N/A 1 of 6 G12 �DII RECEIVED APR 19 220121 COMMUNITY 01EVELOPIK&IdT tio�wli� w0 City of Tukwila -{ Department of Community Development �y pj o 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4313665 E-mail: tukplanP-tukwila.wa.us I BOUNDAR)"LhW USTMENT NUMBER 9???? r'_4tfT-_'WIT s+:7.1 SOUTH 196th STREET ——71196'DEED - - 557.00 8 88'Sr5w W 8 SMOY W DEED ac1'EFA4L316UT� AFX 97125=412F DR. rA RAQf� - 6938G1Y NW N L,u PARCEL 'B' OLD LOCATION TAX LOT 03ZXW N FELOCATEDTO SOUTH PARCEL 'IT THIS FEWANS UNCHANGED TAX LOT 0322049M N 80'38'03' E 80.39 8 89'Of44' E 97.6f DATUM - NAD 83/07 LAT 472637.776420' LONG 12216'04.422050' (USFI) N-165203.872 (UBF7) E-1285446A15 W.SD.O.T. MON. I.D. NO.H=/ 7 INSTRUMENT USED - TOPCON CPS HIPER LITE TE SECTION 2 IS BASED UPON CITY OF KENT SECTION BREAKDOWN AND VERIFIED N THE FE D DEC. 2010 1 WEST OUAH16i CORNIER BEG 2 / FOUND BRASS MON N CASE / DEC 2010 z r L/ / / , gg3g22' E 18 I aE CCR At 1/9 sev4&Cs SECTION 3 IS BASED FAD SURVEY AND R.O.S. 8509249=1 AND ROS. 820600001 A PORTION OF SOUTH 2O4th WAS CALCULATED USING AN UNRECORDED BLA SURVEY PERFOFiIJIED BY SPROUT ENOMERNO DATED NOV WO 8 — 83'41' E SOUTH 19M STREET 8 61r55'3➢' W /— �Z9375 ROW DEM a. E AFN 9705234100 N 20'04'2PW / 3621e• 87 1&V 29' / ACCL VA[CARVp� N W39W E 147�. / I DRAINAGE DITCH TRACTS C - PER COURT CAUSE NO.47302 t&AM-ARW PARCEL "A" TAX LOT 0222049015 ail a r1+ PARCEL 'B' OLD LOCATION TAX LOT 0322040M RELOCATED TO SOUTH t'54' E VW2W CCC Ll 97t&4CEt�k�iWOBVr AiN NEW PARCEL "B°_ / VOLUME PAGE DELTA -WW2V RADIUS - SUM LEN rTH - =82' fL0WWAYE4S616Vi AFN92V.'M W7 AI°PFiOx LNE OF oRDNARY HIGH WATER OF THE CAEEN RNER GRAPHIC SCALE 200 0 100 200 ,00 am ( IN FEET ) t inch = 200 fk S EGALE PROPERTIES (' A LNITED LIABILITY COMPANY �. P.O. Box 88028, Tukwk WA. 98138 51M Segale Park Dr. C, Tukwila, WA 98188 wwwAegWeproperties.com Phone 206-575-2000 Fax 206-575-1837 2 OF 6 ,j % RECrEIV_EW '-A" 19 2012 COMMUNITY DEVELOPMENT City of Tukwila z Department of Community Development 0 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplanotukwila.wa.us BOUNDAHYLGVEAD✓USTMEVT NUMBER ??9?9 I 1/ RA°"6 - 758" 8 DEED 7.So EAST SKUV NORTH WV E �- DELTA - 9=41 RADIUS - 932D' _ LENGTH - ts1Sr 656.00 EAST VACATED ROAD 655 WOW E—------ DELTA -27M L—ENM .387?A' LENGTH -1435C CEMETERY PARCEL HELD ALL DEED ANGLES AND DISTANCES FROM THE PAR THEN ROTATED TO THE SUBDIVISION LINE CEMETERY E3 � PQ �e PARCEL nD" TAX LOT 0322049020 PARCEL "B" THIS STRIP REMAINS UNCHANGED TAX LOT 0322049049 44208' TO V4 CORNER 0 m I THIS PORTION OF SOUTH 2O4th WAS CALCULATED USNCi AN UNFIEOORDED BLA SURVEY PERF *U0 BY SPROUT ENGNEERNG DATED NOV. =0 DELTA - t2rJUIr RADIUS - =W LEA_ R PARCEL TBn THIS STRIP E REMAINS UNCHANGED 4V TAX LOT 0322049049 IVOLUME PAGE N CI YOF 7ZA E 1r NORM OF THE NORTH ROW SAMEALLAN ROAD ( SOUTH 2O48h Sr) Gj @=== L= T ==SOIJTFI204tH TREETj =SW 70 DIUM AIESYViaw.Y4/ 780A8R0882080Y001 aE St sic 9 / — / / / NOHRFI LINE OF THE SOUTH HALF OF THE E4SSW91? i / SOUTHEAST OUARIHi OF SECTION 3ARV / NI3tlIEE48E16VrAMMAV / I AST OUEAST LINE OF THE ER OF HALF SEC 9F� / i EX DRANA(E: DITCH OIL =I DRAINAGE CHTCH TRACTS PER COURT (CAUSE NO.47302 3 a HELD OVER D® CALLS OLGE �CAI� 47= 0� THE E70SINO DRAINAGE DITCH MATCHED THE DRAINAGE DITCH STRIP LEGAL AHD BAD EWT11140 VRMT SANG of DRA.4- DITCH TRACT ' 0 DDITCHH AT OHON ECTION PONE PARCEL "Bn OLD LOCATION TAX LOT 0322049049 RELOCATED TO THE WEST PARCEL "C" TAX LOT 0322049102 WEST SAW OF DRANAM DITCH TRACT 1 I OLD FENCE LOCATION PER R.O.B. 820110p001 HELD FOR THIS SUFIVEY. THE OFKiiAL L7® SME TO TRY TO FOLLOW 11-6 LINE, E THIS LIE HAS BEEN ESTABLISHED N THIS LOCATION FOR MANY YEARS, NOTE: M NX- WA7EM-WEASEU7 SEE SHEET 5 OF 5 FOR SECTION BREAKDOWN INFO. r THIS POINT WAS HERD FOR THE PDA FOR RAH 82OWGM A' ME- WA7EWMEA996V/ AHD THIS SURVEY. THE DEED SEEMS To BE AT LEAST 40' OFF.—�\ ARV E29W PLEASE REFER TO NOTE 5 ON RO.S 82080190OL SSe.72' ROG 8208019= — — — — — —SWW D®- — — — — — — 2ee&M W SURMY PARCEL "B" THIS STRIP REMAINS UNCHANGED TAX LOT 0322049049 ® C� 19 WEST OF SUBDIMSION LNE PER DEED EAST LIPS OF THE WEST HALF OF THE4�t SOUTHEAST OUARTEi OF SEC. 3 \!( 1 PARCEL "B" THIS STRIP REMAINS UNCHANGED TAX LOT 0322049049 GRAPHIC SCALE 100 0 50 100 200 400 (INFEET ) 1 inch = 100 ft. SEGALE PROPERTIES S P A LIMITED LIABILITY COMPANY P.O. Box 88028, T"a, WA. 98138 32SW � 5811 Segale Park Dr. C, Tukwila, WA W88 36L78' MEAB COR. — — www.wgalepropedies.com Phone 206-575-2000 Fax 206-575-1837 I'd 2W-Oil RECEIVED 'APR 19 20121 COMMUNITY DEVELOPMENT 3 OF 6 City of Tukwila Department of Community Development 0 6300 Southcenter Boulevard, Tukwila, WA 98188 y` Telephone (206) 431-3670 FAX (206) 4313665 E-mail: tukplan(ZDtukwila.wa.us BWNDAJRYUNEADJL671MlENT NUMBER ????? NOTE: SECTION 3 IS BASED ON ROS 8509249023 PERFORMEND BY GARY MIX IN 1981 HELD THE NORTHEAST SEC. CDR AND THE EAST QUARTER COR. FOR BEARING BASIS AND ROTATED GARYS SURVEY TO THE OUR STATE DATUM. ALL OF GARYS SECTION CORNERS WERE HELD EXCEPT FOR THE S.E. SEC. COR AND THE EAST 1/4 COR. WHICH I HELD MY FOUND MONS OR KENTS POSITIONS DATUM - NAD 83/07 LAT 4728'37778420' LONG 12216'04,422050' (USFr) N-185203272 (USFT) E-1285448.415 W.8D.OT. MON. LID. N0J-KM-7 SECTION BREAKDOWNS VOLUME PAGE GRAPHIC SCALE 1000 0 500 1000 2000 4000 ( IN FEET ) 1 inch = 1000 ft CALC COR PER SOUTHWEST CORNER SEC. 35 NORTH QUARTER CORNER FOUND MON IN CASE MIX ROS IN FOUND BRASS TACK IN CON. CITYOUOFF KENT HOLDING l� MIX ROS LAKE IN CASE, DEC. 2010 THEIR PUBLISHED COORIDINATES NORTHEAST CORNER SECTION 2, S 88ti0 59' E S 8741'28' E — FOUND BRASS MON IN CONC. 2673.85' — — — J�_S 87'57'13' E 2724.67' S 88)1'08' EOWN 1.5 DEC. 2010 I — — [�c'PE7 — O T 272f.97' ICU SL/ /,�I I� I- l;7 I�N t 8I I..: Flo �Qc4I^ — — —I — O I N I /dct / Irn FOUND MON IN OE pre t/ ENTe, CASE MIX ROS_ _ EAST QUARTER CORNER ----WES7 QUARTER NER SEC. 2--- FOUND BRASS TACK IN CONC. FOUND BRASS M DN IN CASE. C � I IN CASE DEC. 2010 DEC. 2010 I OR I Jim I I g O NIO FOUND CONC. MON. I I I SOUTHOUCAALLCULATED MIX ROS HELD MIX CALC. CORNER — MON IN CASE CITY OF KENT _ _ _ _2616.49_ — — � — — — — — 2616.49'— — �� — N 8923'20' W � NOT FOUND FOR THIS SURVEY 2615.17 N 89'38'32' E CALC TO KENT COR. 5232.98' MEAS N 8930'47' W 2663.52' CALC TO KENT COR. N 8923'20' W (5265.48' G.LO.) 2663.76' MIX SURVEY SOUTHWEST CORNER OF SECTION 2 CALCULATED PER THE CITY OF KENT. NSTRUME:NT USED — TOPCON LIPS HPER LITE SECTION 2 8 BASED UPON CRY OF KENT SECTION BREAKDOWN AND VET N TFE FELD DEC. 2010. SECTION 318 BASED FBD SURVEY AND ROS. 8509249023 AND ROS. 820601900t ry � • �S P EGALPROPERTIES A �3� P.O. Box 88028, Tukwila, WA. 98M �5811 Segal® Park Dr. C, Tukwila, WA 98188 www.segalepropertiea.com Phone 206-575-2000 Fax 206-575-1837 top 1 2.l011 RECOVC.D l�►PR1()2012 F City of Tukwila VOLUME Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 4313665 9 E-mail: tukplanLfDtukWla.wa.us LEGAL DESCRIFnON - ORIGINAL PARCELS OFWaV4LPAAGIff- A (TAXLOTf022260-900) COt$WYI6VTLOT 8NSEC7IOV R 7OWA49�W 22 AO97FL R NaE4E4ST OF PeWAit; S1=97 FFSO 7H40AM-7MYEQF70/MVCOLN7YFO4ROADWAYAS AEVORDED LACER HEGYaVAGAG2 AND FXCEPr7FEAVRM2MP�77F6 70IaWCOU1IYFO9AOADWAYAS LAEERAECOEMAAOM774 AND EYC6-T 7FW PO471U117 7/6;EOF CCNCOMWED LWE79W COIN YSLFERM C0WrC46WAKt ,07"FW LR4#VAOE 07C5ESBY 71EBOAM CF 0014MOVERS OFLR4M FL WACrACt 2 CF1471G COWRY, WAS1VCi M AAOErOEpr7H4TPCXi7XavmyrwcaNYEY®7L277EGYIYOFK6ViBYL1®AEOCROM UNCOi AECORMGAO87C1'iBYl= 70G 7MF HUH MMTPCRMWOFTIE AURZFEASTOY MS?OFMESO IFEASr0U4RZ9iOFSEVZ112V47DWIWW-Z2AOUN R4M3E4E4 TOF71-EWA( DEMWW ASPCUOSS AF(i11Mt3Ar7),EAO97FEarCaw RoFsADsacgw-4arou4R7&?cFmc7XaV4(34DPcwrALSOEi9N?7FEAamfitwrc 9wW CFGOH9WA9VTL0r8NSEC7X K 70WA VOI22AtMN RAAOE4EAST OF7FE WAO 7H9VCESanN00974MASTALONG 77C EAST OF SAD 8007,EAST CU4RI9 7 OFSEC7IGV 4 A DISMACEOF228 FESr 70 7FE 7FLEPOINT OFB IFS W SOVIN8954702'WWrALO5G A LAE228 RETAAD PARALLEL WIN 7W EASr WEST C9V78i/IB OF SAD SEC7112N4 A DTAACEOF2YL98RSEM7MACE6007H0025WE48TALMANCECFM425F95T70APOA?40R M-7MO97HO'?WSO IN LIEOFSAD AO97FEA.4rOU46ZENCF7FE83g}fASrDEMME iOIFSEC770V&7FSVClFAO97H89'OVOSASTALCNGALIE 40PEL7A07WCFAADPARALLEL W7H77ESXWL1EOFS40AVRV- TCU4R79?OF7FESOUP.64STO&AM ;;AD6TMCF OF71 NREET707FEEAST LAEOFSWMMEASrOU4R76IOFSECZMSIFBICEAO97H001A0'45'WESTALOAG6ADEAST LM A D67AACEOF 9=0 PEST 70 71-E 7RLEPOMOFESC11M43 F0,115-67156 - i AADEXOPT7N4TP0)O0V7F6iFOFCOVYFY®707FECPYOFKBVTSYDDEMAECO XDLWB?AEC ADWAO97Lt OMM S7 W7EN7FEO7YOFnXHLA, OaA7Y0F".Q STA7EOFWAa'I1G M aT&ft L PAACi_ •B (7AXLOr/0142104- ") PA2L-C69/A#VSOAAD40PVOr87APSL?MWnWGOPSDMBVrLOT4NMCnDVR MffiGW22A097HAAAGF4E4Sr0F7FEWA(. 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OF 7HESO&7PEAST OUARIB? CFSAD aEC7M4 LYM SWM CF7FEBOWHAMRQIVCF80U7H2O0SPEETASADWESrAaLOED AAD70riE7h6i wN7HArPcRz; avCFYAO47E0 COLNIYROADAO 83S7HATA77AGriID 7O84DPM9 BYO9ER4710N0FLAW. ANDEMB-TANYPORMYLi7MGWRENC LL14ROAD80WHASE4MMGGEVNCOF93EMEDDECREECFAFF OMA7KiV 61WEREVAPAL 9 W9 NKA42 COLN/Y&FlERW CA1WAt2 6SaA3 8M7FN "EO7YCFA29Vr, COWYFIaM2 SrA7ECFWAa'11Ki M S EGALE PROPERTIES A WdITED LIABILITY COMPANY P.O. Box 88028, Tukwila, WA. 98138 5811 Segale Park Dr. C, Tukv4a, WA 98188 www.segalepropeliimcom Phone 206-575-2000 Fax 206-575-1837 SHEET 5 PAGE OF 6 L,Z-01t RECEIVED ArR ,19 2012' COMMUNITY DEVELOPMENT City of Tukwila i Department of Community Development 0 6300 Southcenter Boulevard, Tukwila, WA 98188 r Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplanOtukwila.wa.us BOUNDARYLNH"US7YHNT NUMBER ????? 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AA1DEXCEPTANYPO97A2VLM43Wf7WCF L14ROADSM17HA8ESTAff-D�EDNoonwC7EDDECIEEcFAPFIiC°MnDV EW7E XPARi 4 WVN"nCOUV7Y8L l9%O19CA"Act d5 EXCEPT 77EFULLO10Mi DESK X FOOT *W 87FP 7PEC EKER.AEOF M COMEIG O A T 75EAt097FE48T coms? OF 7PE socamEBT CC mm? CF7PE 70*M W22AOR7HRAAt3E4EA8TOF7PEWAR n4MW80(4H8.746C971EYrA 80iflMEBTOMMEROF71E STOYAMERADMAGEOFJMWR17', 97L/A7EN 77EQ7YOFA29VVT, CXXMYP0V42 STAMCFWASMXW S r A EGALLE PROPERTIES P.O. Box 88028, Tukwila, WA. W= 58tl Segale Park Dr. C, Tukwila, WA 9M www.segaleproperbea.com Phone 206-575-2000 Fax 206-575-W7 RE T 10 RECEIVED APR 19 2012 OF TITLE RESOURCES GUARANTY COMPANY Order No.: 40092530 ��E�V�4� 14450 N.E. 291h PI., #200 Y Bellevue, WA 98007 Phone: 425-646-8591 APR 19 2012 888-267-2303 Fax: 425-646-8593 COMMUNITY DEVELOPMENT Subdivision Guarantee Face Page Liability: Charge: Tax: Total: $250.00 $ 250.00 $ 23.75 $ 273.75 Guarantee No.: 40092530-1-E Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: April 5, 2012 at 8:00 a.m. a�Fs cu4 Title Resources Guarantty�yjjC,ompany l cum M a ai2lk 1 By. M M� Executive Vice President �— re%AS 2wd �,,.. Secrete attrt 14450 N.E. 291h PI., #200 Bellevue, WA 98007 Phone: 425-646-8591 \_1 _ 888-267-2303 W Ulf W. C W T IT L E. N E T Fax: 425-646-8593 Guarantee Conditions and Stipulations (09-12-08) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) 'mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or TRGC Form No.: 2647 Subdivision Guarantee said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise TRGC Form No.: 2647 Subdivision Guarantee or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 2647 Subdivision Guarantee TITLE RESOURCES GUARANTY COMPANY Order No.: 40092530 1. Name of Assured: Segale Properties LLC 2. Date of Guarantee: April 5, 2012 at 8:00 a.m. 14450 N.E. 29th PI., #200 Bellevue, WA 98007 ICJ Phone: 425-646-8591 888-267-2303 E T Fax: 425-646-8593 Subdivision Guarantee Issued By Title Resources Guaranty Company Schedule A Liability: Charge: Tax: Total: 3. The assurances referred to on the face page hereof are: $250.00 $ 250.00 $ 23.75 $ 273.75 Guarantee No.: 40092530-1-E a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: La Pianta, LLC, a Washington Limited Liability Company C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS TRGC Form No.: 2647 Subdivision Guarantee . Page 1 File No.: 40092530-800-T35 Guarantee No.: 40092530-1-E SCHEDULE A (Continued) 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0322049102 YEAR BILLED PAID BALANCE 2012 $3,062.00 $0.00 $3,062.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,062.00. LEVY CODE: 1525 ASSESSED VALUE LAND: $174,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RIGHT-OF-WAY WITH THE RIGHT TO ERECT AND MAINTAIN POLES WITH NECESSARY WIRES AND FIXTURES AND ALSO TO PLACE AND MAINTAIN GATES AND FENCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 1866616 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: 5. 1.1 7. PURPOSE: WATER PIPELINE SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 4063148 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: WATER PIPE LINE SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 6291827 MATTERS SET FORTH BY SURVEY: RECORDED: JUNE 1, 1982 RECORDING NO.: 8206019001 DISCLOSES: BOUNDARIES AND EASEMENTS POSSESSION AND USE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 26, 2010 RECORDING NO.: 20100726001102 RESTRICTIVE COVENANT IMPOSED BY INSTRUMENT RECORDED ON JUNE 03, 2011, UNDER RECORDING NO. 20110603000425. TRGC Form No.: 2647 Subdivision Guarantee Page 2 File No.: 40092530-800-T35 Guarantee No.: 40092530-1-E SCHEDULE A (Continued) 8. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "WEST BANK OF DRAINAGE DISTRICT" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 9. WE FIND NO CORPORATION UNDER THE NAME OF LA PIANTA, LLC ON THE LIST OF ACTIVE CORPORATIONS IN THE OFFICE OF THE SECRETARY OF STATE. EVIDENCE SHOULD BE SUBMITTED DISCLOSING THE TYPE OF BUSINESS ENTITY, TOGETHER WITH THE EVIDENCE OF THE IDENTITY AND AUTHORITY OF THE PARTIES TO EXECUTE THE FORTHCOMING INSTRUMENT. TRGC Form No.: 2647 Subdivision Guarantee Page 3 TITLE J RESOURCES GUARANTY COMPANY File No.: 40092530-800-T35 Subdivision Guarantee Issued By Title Resources Guaranty Company EXHIBIT A LEGAL DESCRIPTION Guarantee No.: 40092530-1-E THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: PORTION OF THE SOUTHEAST'/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTH 89036'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 1,326.60 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 89036'00" WEST, ALONG SAID SECTION LINE, 866.40 FEET; THENCE NORTH 26008'00" EAST 1,477.50 FEET TO THE SOUTH LINE OF SOUTH 2O4TH STREET; THENCE SOUTH 89037'00" EAST, ALONG SAID ROAD, 791.30 FEET; THENCE SOUTH 35036'00" WEST 973.80 FEET, ALONG THE WEST BANK OF DRAINAGE DITCH; THENCE SOUTH 0038'00" WEST 522.90 FEET, ALONG THE WEST BANK OF DRAINAGE DITCH TO THE POINT OF BEGINNING; . SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. TRGC Form No.: 2647 Subdivision Guarantee Page 1 C t WWW.CWTETLE.NET 41PRV32412� April 10, 2012 Segale Properties LLC Mark 5811 Segale Pk Dr "C" Tukwila , WA 98188 Reference No.(s): Order No.: Property Address: Buyer/ Borrowers: 40092531-T35 , Tukwila, Washington Segale Properties 14450 N.E. 29th PI., #200 Bellevue, WA 98007 Phone: 425-646-8591 888-267-2303 Fax: 425-646-8593 In connection with the above referenced Order, enclosed please find the following documentation: TITLE kl��..' RESOURCES GUARANTY COMPANY Order No.: 40092531 Subdivision Guarantee Face Page Liability: $ Charge: $ 250.00 Tax: $ 23.75 Total: $ 273.75 Guarantee No.: Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: April 5, 2012 at Title Resources Guaranty Company es r By: !� //r4f aaIW4= Executive Vice President Secrets �ed na:trc TRGC Form No.: 2647 Subdivision Guarantee C` 14450 N.E. 291h PI., #200 Bellevue, WA 98007 o iI Phone: 425-646-8591 � 888-267-2303 Z W W W. C W T IT LE. NET Fax: 425-646-8593 Guarantee Conditions and Stipulations (09-12-08) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or TRGC Form No.: 2647 Subdivision Guarantee said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise TRGC Form No.: 2647 Subdivision Guarantee or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 2647 Subdivision Guarantee e t7 14450 N.E. 29th PI., #200 Bellevue, 98007 Phone: 425-6-646-8591591 888-267-2303 W W W_ C W T IT L E. N FT Fax: 425-646-8593 TITLE RESOURCES Subdivision Guarantee GUARANTY COMPANY Issued By Title Resources Guaranty Company Guarantee No.: Schedule A Order No.: 40092531 Liability: $ Charge: $ 250.00 Tax: $ 23.75 Total: $ 273.75 1. Name of Assured: 2. Date of Guarantee: April 5, 2012 at 3. The assurances referred to on the face page hereof are: a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Segale Properties LLC, a Washington Limited Liability Company C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. TRGC Form No.: 2647 Subdivision Guarantee Page 1 File No.: 40092531-800-T35 Guarantee No.: 40092531-1-E SCHEDULE A (Continued) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 0222049015 YEAR BILLED PAID BALANCE 2012 $135,777.42 $0.00 $135,777.42 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $135,777.42. LEVY CODE: ASSESSED VALUE LAND: $9,525,900.00 ASSESSED VALUE IMPROVEMENTS: $0.00 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE PACIFIC TELEPHONE AND TELEPHONE COMPANY PURPOSE: ELECTRIC POWER TRANSMISSION LINE OR LINES SYSTEM AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED RECORDED: APRIL 2, 1924 RECORDING NO.: 1851609 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE COUNTY OF KING PURPOSE: THE RIGHT TO CONSTRUCT AND MAINTAIN A RIP -RAP BANK PROTECTION AND REMOVE DEBRIS ALONG THE LEFT BANK OF GREEN RIVER AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED RECORDED: NOVEMBER 8, 1961 RECORDING NO.: 5350955 5. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 5633101. 6. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 21, 1971 RECORDING NO.: 7104210358 REGARDING: ZONING TRGC Form No.: 2647 Subdivision Guarantee Page 2 File No.: 40092531-800-T35 SCHEDULE A (Continued) 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: PUBLIC HIGHWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 7104210359 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SLOPES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 199705231405 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Guarantee No.: 40092531-1-E PURPOSE: PUBLIC RIGHT-OF-WAY CUL-DE-SAC TERMINATION OF FRAGER ROAD AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 199705231406 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOODWAY IMPROVEMENTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 199705231407 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: PUBLIC RIGHT-OF-WAY SLOPES IN EXCAVATION AND/OR EMBANKMENT AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 199705281242 12. TERMS AND CONDITIONS OF UNRECORDED AGREEMENT BETWEEN CITY OF KENT AND LA PIANTA LIMITED PARTNERSHIP DATED APRIL 30, 1997 DISCLOSED BY DEED RECORDED UNDER RECORDING NO. 199705231403 AND ALSO THE CONDITION SUBSEQUENT AS REFERENCED IN SAID DEED. 13. RESERVATIONS CONTAINED IN DEED RECORDED UNDER RECORDING NO. 8510110360. 14. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "SOUTH. 200TH STREET" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 15. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "FRAGER ROAD, ALSO APPEARING IN PART AS ANNA MESS COUNTY ROAD NO. 540" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 16. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN RIVER. 17. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF GREEN RIVER. TRGC Form No.: 2647 Subdivision Guarantee Page 3 File No.: 40092531-800-T35 Guarantee No.: 40092531-1-E SCHEDULE A (Continued) 18. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 19. ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 17, 1997 RECORDING NO.: 199704171622 REGARDING: ROAD IMPROVEMENTS FOR SOUTH 196TH/200TH STREET 20. RIGHTS OF KING COUNTY AS CONVEYED FROM THE CITY OF KENT UNDER RECORDING NO. 20030207000007. TRGC Form No.: 2647 Subdivision Guarantee Page 4 File No.: 40092531-800-T35 Guarantee No.: 40092531-1-E SCHEDULE A (Continued) 21. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NO. 8509249023. 22. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 17, 2009 RECORDING NO.: 20090617000114 23. AFFIDAVIT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 18, 2005 RECORDING NO.: 20050418002659 24. AFFIDAVIT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 15, 2005 RECORDING NO.: 20051215001936 25. ANY POSSIBLE STRIPS, GAPS OR GORES, ARISING FROM THE LEGAL DESCRIPTION SHOWN ON SCHEDULE "A" HEREIN. 26. POSSESSION AND USE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JANUARY 12, 2010 RECORDING NO.: 20100112000219 REGARDING: RELOCATION OF SOUTHCENTER PARKWAY 27. POSSESSION AND USE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 26, 2010 RECORDING NO.: 20100726001102 28. JUDGMENT QUIETING TITLE IN SEGALE PROPERTIES LLC AND THE TERMS AND CONDITIONS THEREOF: RECORDED: NOVEMBER 05, 2010 RECORDING NO.: 20101105001975 29. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: UTILITY SYSTEMS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 05, 2011 RECORDING NO.: 20110805000050 30. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: DRAINAGE DISTRICT NUMBER TWO OF KING COUNTY, WASHINGTON AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 31, 2011 RECORDING NO.: 20110831000112 TRGC Form No.: 2647 Subdivision Guarantee Page 5 File No.: 40092531-800-T35 SCHEDULE A (Continued) Guarantee No.: 40092531-1-E TRGC Form No.: 2647 Subdivision Guarantee Page 6 TITLE k'= RESOURCES Subdivision Guarantee GUARANTY COIssued By Title Resources Guaranty Company File No.: 40092531-800-T35 Guarantee No.: 40092531-1-E EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO.268128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO.47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO.2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO.9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00030'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89054'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST —WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00025'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89040'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00030'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; TRGC Form No.: 2647 Subdivision Guarantee Page 1 File No.: 40092531-800-T35 Guarantee No.: 40092531-1-E EXHIBIT A (Continued) EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO.47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO.2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO.9705231403; SITUATE IN THE CITY OF 0222049015, COUNTY OF KING, STATE OF WASHINGTON. APN: 0222049015 TRGC Form No.: 2647 Subdivision Guarantee Page 2 4 14 A T T O R N E Y 5 John M. Casey C Curran Mendoza P.S. Attorney at Law M 555 West Smith Street Telephone (253) 852-2345 Post Office Box 140 Facsimile (253) 859-8037 Kent, WA 98035-0140 Email jmc@curranmendoza.com www.curranmendoza.com :I SUPERIOR CJi,TR_ P THE STATE OF WASHINGTON FOR _AG CD-LrATY Richard O'Connell, Edgard Van de Vanter ) and Patrick Emerson, as the Board of ) Commissioners of Drainage District No.a ) of King County, State of Washington, ) _Ms- Plaintiffs, -Morgan P. 013rien, at al. Defendants.) 210. 47302 J U D G 9 1 N T This cause having heretofore been instituted against the following na-ted defendants-: Morgan P.0'Brien, Mary O'Brien, his wife: D.K.Welt, Fred d. . Mess, Walter Nees, Thomas Oulette, County of King, one of the ragul"_ " ly organized and existing Counties of the State of Washington; Richard O'Connell, Sarah O'Connell, his wife: R.P.Dojes, Samuel, w. Ebbert, Ida U.Bbbert, James Leadbetter, Sarah Leadbetter, his Wife, Thomas Sr4rder, Netherlands-Amerioari Mortgage Rank, a foreign corpora- tion, James Sharkey, Mary Sharkey, his wife; the corporation of the Catholic Bishop of'Aiequally, a corporation; Patrick Emereon,•Mary Ann Emsrso:i, his wife; E.P.Barry, Patrick fturtney, Edward Unnlde .Vanteu, Annie Van de Vanter., his wife; Jane U.Casselman, David Kelsey, Mary Kelsey, his. wife; Patrick. Flaherty, Julia Flaherty, his wife; Augutlt C.Naghue, John B.I,ybeek and L-ina Lybeok, his wife; 'Charles A. Lybeck, Bertha Lybeck, his wife; W.H..Davies and John itallen, all of whom having been served With st=ons, the matter carve on upon the Blst day of September, 2905, for hearing and trial before the undersigned, one of the Judges of the above entitled Court, at ;fnieh time the defendants James Sharkey and Mary Sharkey, his. wife, appear- ing by their attorney Vince H.Faben, and John Kelsey; and Mary Kelsey, . his wife, appear! -mg by their attorneys, Hessrs.Graves, Palmer, Brorz; a. Murphy: all of the other defendants bervin named .in said original cause having defaulted, and their default having `heretofore been en- tered, s0l.c; hearing was proceeded with by the examination of witnesses, ar;d it being satisfactorily Frova 3 tY:;,t al, of the defendants in said action had beer, duly served with 3;r.-al-Ian s as provided by law, a d the Court being further satisfied by competent proof t'-St v;:e '::,Tiit7vr� arid* mentioned in the cc;rr].ai::t herai n is p actical and 301i�uC1Yi: tC t►:f: }+iiL1iC r.<<.:t;^i/, :7e1' 1-n an.f n-nt n::7.E'noe. a:ia Y: i .'t: in, er+:ase -",he value of said lands described in said complaint or iJ crt3- tion fo. the purpose of public revenue and the contemplated use of the labd, real estate and premises sought to be appropriated, is.. really e. public use, and that the land; real estate and premises so sought to be appropriated were and are required and are necessary for the establishment of said improvement, and that said iuprovementUs a good and sufficient outlet, said Court did thereupon make an order that twelve qualified jurymen. be impanelied to assess the damages and benefits as provided by law; whereupon the jury aas dtily impanelled and sworn to try matters in issue, said trial baving continued through- out the Slat, 22nd, 25th and 26th days of September, 1905, by the in- troduction of evidei4ee and examination of witnesses. The jurors at. said trial, did mate in each case a separate assessment of damages which should result to persons, oorporati.:ns or companies by reason of the appropriation and use of such land, real estate and promises, for said 1=rovement, and did likewise ascertain, determine and award the amount of damages to be paid said owner or owners respectively. and to all tenants and ineumbrarcers and others Interested for the taking or injuriously affecting said land, real estate and premises, from the establishment of said improvement, and did further find the maximiW amount of benefits per acre to be derived by each of the land owners through the construction of said improvement and ;%Pon the re- turn of said verdicts into Cotu•t the same there. recordne" apt 1: ::LPlex cases. Now, on this day of Cctober, 1905, upon applies-- tions of the plaintiffs herein, for a decree in accordance wl th the verdicts so rendered in this action; And it ap%ear ing to the satisfaction of the Court that dar..- ages weve awarded for the constr-oction of a main ditch m-ent_ cn.ed. in - said petition and coz�piaint to the pwso4:s heZeln3fte ::.'':.t C:-nd. in the amounts for the taking anti a ;.rop_-iaiion of the landti nern'U:a ter 1:V1..L;.:.•1rL. tO—Tit: To the defendant King County, the sum of 40 ots. as damages for the zating and appropriation of the rolloeing described real estate, to -wit: �[ A str ip of land 40 feet wide and 85 feet more or less in length, containing eight hundredths (8A00) acres more ur less 1n Zot 8 of Section 2, Township 22 North, Range 4 East W.?.!',, more particularly described as follovrs: The longitudinal center 'line of this strip .comsencec at a point on vest aide of present traveled county road on Nast bNJc of White N River in said Section 2, said point being, 387 feet ITorth and F18 feet more or less East of the southeast corner of the Iiortaaa: t quarter of the Southeast quarter Uzi SE40 of Section 3, 22 fforth; Range 4 East 1F.H.9 running thence South 75 deg. East 85 feet mare or leas to the east margin of County Road on. rest :margin of :rnite H_17er; which said strip of land is estimated to be of the value of 40 c:enta; and of which said strip of land the above named defendant Coant;,r of King is the owner, and no other or further damage 13 sustairL d by t,:e said caner b rear. on of the appropriate on of said s6. i_ r ) alforesaid, other than the value of the land token. . / To the defendants Janes Shark-Py and dash' Sharkey, his shifts, t.:0 sum of "� as damages for the takir;g anir, aprrrcF_ia- tion of the following deseril?t.,d rpai estate. Lo-nit: Three strips of land described an follows: (a) A strip of land 40 feet .ride and 1290 feet more ur leas in length, containing 1.19 acres- more or less in .Lot 8 of Section 2, Town- ship 22 North, of Range 4 East; and in, Northeaat quarter ,f the South- ir �4 �� 8. 1� -h east .quaiter`:�`'.9E - �fSection .3iR 3aot'o Y Y more pate ttilaOi :described an t611 ra'•'•�. 4' al: • enter line df - mils . str..ip • cminenc es at . a. p - JiiIt' oeat r•;''o 5Vissent witch' 130 eft ' IPo th cal: •said _302 feet kstas a der• at'' the o 't, ti; ' quarter'''of':the Southeast. qu ��,., •:r•..•.,.a.• 1, .• :.•.. ?.�dl'166tton 3 `TownarI' $ .•... y. ; ...... �.. K :� , p .22 North; -Mange .4'Bast; rum►ing: �` , 'theaiee .nii': Lollo�riYig;�t�ie ;present' :'ditch `17ort�i 70 .de :sbt .980 fee: `.y present, ditch .132 Peet North of. and 303 feet West ' af':the arnzt east; oorner--rf.�tre Northeast uarter of i' Q VlLe o::theast quak'� - ter (38* SS*) •of•`Section 3; 'To:,nship..22" orth, Range Eaat W.u.; running thence. tattth•' 7Q.-deg. West 321 feet. more ' or lase to a point 7:5 feet north of the north margin of' . the which Daid strip of land .is' estimated (c) Allan Clarke County Road; to be of the value of ; 5.50. A.etrip of:larid 30 Beet In width and 100 feet more or lean In length, containing seven hundredths (7/1.00) of an acre. more or 1 in the Northeast quarter of the *Southeast quarter (i.r'",4 SE-) of Section 3 Township 22 North, Range 4 Bast, .more particularly described as follgrm The *longitudinal center line of. this Strip commences at a point in center of present ditch 614 feet -dent of and 35 feet north of the southeast corner of the Hnrtheast quarter of the Snutheatt quarter. (RE-k SEA) of Section 3, Township 22 }forth, Range 4 East td.k., said point being 15 feet north ofthenorth margin of a cv-anty road as now ;: 4� • tetidred,�: '�qd: i •thence vest alting Bald -OouttitT -=aid at�d'. l6 te3t. die k •' ,ta=it; On obi 490 .raet, mare -or -long to:'ihe '►eat' •e •Z13Q. f s e$tjID�t.. '66 AM. `i '1: `�+Y�!i- w.,.."!::yeR�:y, w•:�#1• •'•a'?l�Q '.atr�d• YiLG. str IB Ji WW via . 16 •ri..,,��, !._ .r._. r. f; •::_;. "l a:�°t�ta►e:::eiisuo:of "us: �+��] ♦��y� �-.,' 1 r l: •:.Y.�: j, ._ .'.taken, s'.#i'Qi ��:Ter. r _ _}\ 4Y, y: P'+h.rC + .: J'.' H'Sft• • � 4', 'tiara .�=,. -+' -��: •�=�: r..ra,..; .e3ids�ita�ti�o�oae��s�prde�•aria'.;��11 a l 7�• ;>:�.. •'i'.�.•.iiv=�. .i.�'�•• -1.�+ �s, ..:y., •y;' �\ti••' .i:.,<. ,^.'r�0�••�Y:VIC� .ai�i�::.:Y: ;a�: : A ; str:.ip: o!' 'ha11d'.-30 • feett in 'wid h and r 974..�eet • ._• ` :_'•. <.•. :�_:.. : ,.:. or leas'`i h ` don.:.: :�, .....: ie t :'8.iyct aeverr: huriilredths A (67 :) .Y `Yo0 acres :: • :; `:: �: - more, ::or:lesa:;::�, _g .. .. - . _ �';tt.;-•>: gsarter.:(,:SR� of .Sectiori.3 �•1 �•• tit.: •,.41�: J_ a...1 �•:'+,ci� �%? �:1,•�•�'li::rf� _ . :sliipr: J2��:�T�Tt�� R'ait <,� . •::::. ,-i:.. ,, �,: .. - ..,' more: are •::°• :. •' .... :.; .t• r;es;.�.,;. ;. f.' p.., ictil.arly dasctibed as: :; B :center .line': •of this airi ns ,•r.,::.: �;; •.: a P liegi" at a 714r'feet inore:.ar' 1'ee3` west of a.iid 35 Net north of the tout a nor ef.:th F-Orthiiat'-•� Tarter -of' :w l _ _ _�.. 4 .. - the $cutheast; quarter' (2�; .��) .of Sectioii..o:; '.ovnishp;'.22 Yorth,' Mange 4 Vasty said Point being :5 feet,..... r north rf-%the. ncrth:m� n' of County Road as now .f :I asr_d rune thenc®..�• ., along said County Rca3 -and ` & feet distant therefram 973 feet more'- or lesui 'to : appr ax3mate foot ' of hill; i , Which said strip of .land is estimated to be of Ahe va.tue of ; 5.7o.; and of Which said strip of land the above n2med defend Thomas and Margaret Snyder, his' wifa-, ' are the . owners. Me can Mortgage Bank cla-.ms a lien by -mortgage on this Property, the ex, amount. of %,hicr is to plaintiffs unknown; that no other or further damage is sustained by said owners by reason of. the approz) iation oi' said strip of land aforesaid, other than the value of the land taken. i 4 0�j 0, V* L'. 20 the defendant King County, . the •sum of 40 ots, as and-mvioPriation of' the •following desoribed r h?• c z of land 30 feet -in width.and and 58 a 3'8 8'� i;• ooit:.ai�iing.'Foux hundrsc}thg (4% QQ) °acros -more 'or .1en .Northw,41s ; ,.queer Of the Southeast quarter (NW ) ;,nd the .quarter..• of the..Southeast quarter' (SW S$) of, Station 3, Ta�1j # _ Nor. �h, • :Roxge,. ¢ ::East, .mor_e artioular 1 .� y, described as .rollows: :77- Y,;., ..: ; rater :•13Ae. old s'::stri _ _ . e•t.,,'.s.r...., �;t�.:t. oidiie('o. iuhe ast� cr o' r -the Soutie = •df ;. .. oa'ns��g;"��••I�tO�t ':-:. fast • _-_• •, ,.: :. - •: 4:' , :Ca4d point :ba3ng on• the 'south .� �� ha:n_;e;<:-.1 A;4,::•,;f. -; ::: _a:r:teerg•::,� '.45 aila.Clar]ceou:.a... . astyainow ;i..e..n; ced' t$8Bt 58. feat mcre..or• lesa *to .the i no N ,,;. Atid .3 timate _ .=-� y�'.ks.F �.,..�.�,,�.. :e3.• ct. tohB:ip the valu • ram, , �'- i�/i AN - ,+' r<,:�": f. •^ •:.:.; • : ." .• e 1AMf.T. :•.:: ;p..: lead. t}i namsd defi�darit a aliare.: Count: 491:'ihe_own d•.:no .other .or:t'urC}ier,:in'. sustained • owner -other:: tizari=s ie'Ivalue ,... ; :..., of '.the .-land 'takem '20 the .:defendants Hiobard O'Connell and Sarah O'oonni his wife, the MM of $23.85 as damages for the taking and appri tion of the following described real estate, to -wit: Two strips of 3- nd described ac follows: �I�lr (a) A strip of land '30 feet wide and 1260 feet more or lea (� "A length; containing eighty-seven hundredths (87 Cp � /� ) acres more r+ 1n the Southwest quarter of the South eRDf quarter (Sdj of ;. TowWhip 22 North, Range 4 Nast ;31i1., more particularly deocribai follom. 4, ��4``• fie' longitudinal center line of this strip commenced -at. a County -Road at a poInt--'-- 2260 feet aest of and -at., .-,the. - southanst corner of quarter o-f-th6r--*--% of A 3 A* Rang*, A,-* ast more particularly I ularly described as'... t anstencas 1.5 . rAt. bIe.!W0'Dx*:..8od, t10.320 3 -and. 10 j.: -T.o"Mhjp,:2g - N rt th 6 .4j';rAnge 4488vt ot - 'more ...or .le Ira to thi.south.mardlit-or....A ttist .. ...-qUafter. (SW* SiOOf Sect ioz... 39. Zjwavlijshiy 22'Worth, Range 4 -East W-Me The west margin of said. 16last': a . . described.* course is coincident with the W83t margin, of said. lae.%,:.'- described 46 acre Wh1ch- said -strip tract; of lind 13 estimated -t6-be of the value of A2.10! and* of VI-ACh said two strips of land - t.hd O'Connell and Sarah O'Connell, ?.io ;Ifes above -named defend&nts.'RIchsrd-! are the owners; R. P. '.00jes (of tie Netherlands) claim's'a lion by mortgage on this property, exact amount Of VhIch 18 to' plaintiffs unknown; that no other or further. d . amage Is sustained by said ovmers by reason •-)-L' Vne aprropriation said strips Of land aforesaid, other than the value of the land t, To the defendants Morgan P.0'Brien and easy O'Brien, wife,' the sum Of 422.90 as damages .for of ' the. f.0n 4W - described real estate, t ie taxing and SPWGpriation • to -wit: Td wetrips of land described a8 f`011O rs: strip .Of' land 30 feet y/ide and 995 Peet more .or le $tQo'airiing�cty-nine hundredths :xr ::;: •.:.- ndredthe �(69/J,�O)�acres'mat,a• or- '°'"':.. f ... rt:K'•:.�.: t..a-:.;y .• y. .. .... � less'•,;.1. . of. th' 'Northeast quarter (N' Ts'i :. SecC�i` •k# . .North', .Rani a ..: ' =, : .• '::.., 8 4 a�. '�l.i�t..; .described as ':toll ows �. dima.ceater..lirie'ut r4 ^`i•- tom$:: :CO3iQQEl1V. 1 'V- L'.:. ''is �,,:• - :�ttrir coo f�, '-p. 3nt'�Y5'`•Ze�t•: •`:east �o! � :., • '-the gaart& sect ioii corner -.on . f . �.:`r>� :•... ;:. south SidQ .of: $ec-}", tioo: ;.:! 4iviu 3p 22+)T0rth :'.Ran y :. %-Livp t' �e 4 •�ast mYn;t oRnd 15ttroa• `,;. -the eat 3:::tlie>IZ�Tcrtiirb. artier the `:� .OiHart;ieaat Of. SeCtI. IO,•' r d�l.<;22: `.� Ii3trge. 4 S'8fit•, • ��, • .: .,. 995:.=eet: ��•• E . & .�iaid<:atrip:ot`1eRd: estimated ;? :•' .;::::;:.... r d to be . of :the. -value .af •;;; . p aii 'land" 30..'feet..Yn•-vIdth• and :34.9 feet sore •twei�ty�•3'onr;.hundr edfis `(:24/lAfi f • 'acres more or gciartor: of;='.ehd:: orthea3 ar't•ei' (]at► Sscaie�ie ' `.'L'07M h' rt , .* ,i tp'22' o hf,. -Range •Feat 17 ,Y more - . particulair des eritied Thet`:1 ngitud•fna. of..: -thin' strip Commences :ate ,r point �;2�1v:4 Salt :esat:;of •aid' 995 .feet:sou.h•,of 'the gnarter. section car= nor bettreen 8ectioa4''S : and .10,. Tpmm iNorth', p...'.22 Range 4 East ..r"I .; N �'A .thence aoath 31.,-dsj..`30 miav .East 193 •feet; thence South 5 deg. 40 min.. to the south -margin: and 98 feet distant East: vomit 136'-1eet :more or' less from the .eou.Lhweet .corner of the Northeast -quarter of the Northeast quarter (:i ; -D of Section '10, Tounship 22 North, Ranb 4 East; rhiich said •ntr.ip..of land is estimated to be of the value of $6.00; and of •&icb .said tuo strips of. land the above named defendants I.or .''.: P. O'Brien and Mary 013rien, his wife, are the' owners. B. K. Usquert, Holland) claims a lien by r•.ortgage on said property, amount of .diich is to plaintiffs unz %mown. No other or -further damage ib sustained by said owners by reason of the appropriation of lands aforesaid, other than the value of the land taken. 77 It, . to the.-defe'Waats Fatr10X 71ah6ty and Julia' Flaherty, his -i ftei.- -the "xuA- oi'U1 0'75 its dimages tot the taking and ap1=9=1ation of - tio, 'folloring described real estate, :'to wit: lent W-Ide-jaid:,7674:1-est more •or-leso.412,:., *.. - . �-6-6ftfWz ni-tot "an hundredths:147: Iacres-,morm -or., Gffa . 9` 864thwest t "t"tho.'. Vrthiasit 0aftiat'..4, .-t, "::,a , -the quarter o _v. got. bb P, 4� W, to ommen6sd tud, EN.N X 110i, of -the. -nokthU6st "W", 7t' "T _-W tP - k - Spb tio. • -v 4. 69P Lzt South :5. do,,* M=4* ,o'.., * : j .vAtrqd South nor;In of'arid '20 f bet. -more.. cif:'I .. a. iaei�t::;coi�ier of the 'Mort hIA11. -the Soupwant'..;'k 64 LIM I .;b Wife:ar ..thd-adt" V Magnus 'by. mortgage, the exact amount' -of which is to plaintiff a -unknown; and t1mt -no ot'wr or further damage iu sustained .'.*, by reason:of -thi appropriation of said strip of land aforesaid, other than t)-o-Value of the 1 end taken. -To the defincianin David Kelsey and, Mary K" hie rife, ,the sum of #18.60 as damages -for the taking and apprOwlation Of the following described .real estate, Ttro strips of", - land "—described as (a) A strip of land 30 feet wide and 162 feet more or less in length, containing eleven hundredths (11A0O) acres nore or leso in the South half of the SautIniest quarter of Vie Northeast quarter (SI S* NZJ) of Section 10: , Ta-inship 22 North, ".Range 4 Bast W.X.p =are particularly described as follows: OngitudiniCL Canter Ino -or -% atyl &4mences ;at-. a;:, et� - -and:-20,fai sun. east of the. nO oath-SOUtjwe -.•qtarter. iof -yprth quarter ion 20, Town 341P.42 XOrt ..Rango 4. ,T x Rant Lp-, des. 40 min :Rest 50at...more or lessi"to.a, fe it •-east.;.of argfn...ot, aidSCUthiliSt f' .4uart 'Seat Ion:207.. or Akkioil Yr `Testnarf 22 lorth. 'Ra nge: pomin' 'n�ali,parillei t is Test fiam the-ebt" fy�f quarter.� (# Section 10- Range 4 Ban't V, fiat' Whi Cb -,"okid", jr4jP'.. of and 'is Of the estimated: valu If $I, A BtrlP Of A -and .30'--,f set w1d" and .724 *feet mnro or 3e.a n engtri; a --ont a, Ore-tentho roo) acres more or -less in tj1je--,qo half of 'tie SOuth?/09t quarter of the _!qorthiant qua rter Section 10 11rtha •4.2at more Particular ..Th6'_-P.z4ItUdjmaI -centor.-Ain st .-Comences at'. jr Point. 17:,.3.-` -'and 162:feet'nouth e north...;eornor of the South hail 8o"4,* t00 t qwwtir or thwxorth of Section '10 4 9 thence "I 'South 52 deg. -54. afi�--13iat .724 feet.'Moro Ojr 1 eso to the 110 bid -:t rth of the VOUAtv It6ad• •-ru •nn1ng pa�i and west, along the center line of maid Section 20; %4-11ch'PPint Is 26 feet north Of and .730 -feet more or las s Test Of the Ocuth6ant; corner of the South-west quarter Of the Northeast quarter (Syj jo-J) of Section 109 To,,,,na)lip 22 Perth, Range 4 Fast Tfj'" . . . . . . . Which said strip of land is estimated to be of the value of %0,22.50; and Of which said t,:.0 strips Of land the defendeunto David -elsey and IW7 Kelsey, his wife, are the miners, and no other or further er damage Is sustained by said owners by reawn of tke m--propriation of said .the,.defenda�at 83�ag•:.aauat�, the IM of $1.50, as dam- • .. . . ageo oz t�s:ts1C : aid•apyro 3Et ob:of.•the fOUCt .sig 'described ;,-.vtrI .-of 'land: 3'0: •feet in ;v3dth' acid :85 lest; :_ ;more or • leas, -in :;r:lerigt�y o"ontairiing::th�ae '�undred'th8 (3/1�t!).;.acres�more or.,:2e33•,t�.in `.vat.�a=krioari�aa':-the"Dso: xtoir�s s. Cotartt!.'Road; 'in •Section 10,: Tox�na*tip. - ' 22 Bor, �aetW'x:. more ;pai'ic�i].arly _deacr.ibed:. as .foil oua: L• J•. t .i• •.of:. aria��•r• ce•• �• �\:• can ter�;lirid�:.of•�:t�iia:�a r p;• 1 osa�en �.. he. sine' of t.'Roa&.16..'feet :north .uf aria':-: a::pof�tt;:o`f: north' agid:dodn$f ?30'=eet Rma or;1_.eao�:.crest •.of..:.�z>e Ooutheast,..corrier. ' of :the :.3outh�reat; `f. ate Northeast~' to''' barter'. (SCI# R� �i;: of :Sec t toii: ].0 ;: Tavn►:�3zi 22•; t giasw ssf�,... _ .� North ;AsA$e .4:a8Bt-..,-..*�.x:;. runniag::thence :'©ast'. 85 "lest' :or::leo`a:tot}e�3southa`ide' otr, paid' County.:''Ro'ad,;.: ., .: '.,`T.�'s� ark..,; :r•,.,.: �..� _ ti_h obi ~adteof'tevauof•�1:5f:df:s ril—-o i �' •' r" � "�^ir','�;\y�i'y�'?A ts•v. �„li!\1�^.:i :•'��u>:> .t• - � '::.' 'r i. ' �. - arid'ofx itlt�` aia;sitr3� `;tlie'dE endirit;'County .. f. g:s;:ithe=':. -" ti4?:vy :`e•: �f •:"Lp"gn":�,ryn•+i. .�':: _-ry:. �v.. .v. l.:;Z +-,�?.('{•:::�';ti : ;.•... -:'R.+a .. ,a�4".-,;...ws••r.:'i7.•f''t:°'.��'•3�`M.t�'a�v.r�:-.��o^�S,y:.�•...:t5;`?`�a.'•"•a:ar �`.:`aF."..� ,��... eitie`d�no, othe.os'= Piirt?ei{damage;,ia:.ouotaiied :•��.�� .,; r_.� I! .•rw;.gx-.•`•ay. 1•.9.,t y.fi.:F.:"._•;r, •.•a^. _� :s;15ii^'.�.?r-...r �, r.. .. ..+i..•. "<{�e?'u-.r!i:•S?\�i .: Z �r:c t,rt_,: a• _ti'..-°':.:•'t+-.•rt�N};.,��d% 3.•_.... reason.� -� � xiation'-.of.- seid,.atrip ::aforesaid.,: `X..j._..-_••: ;::..1,`�•�:•�,•.• .. ^i?s;�t•: tL,��a,:;_.'s•�py?ris:''i•-.' tBTC'e11'�•• • .::: � •-::Sp:;�ii•:.d� -�hii �.7,ybecrh 'ash •bfna bybooR, . bis wife, . ' and i stets _A'jwbe*k`:arA'3wtba LYbOO14 his 'rife, the o m of. $79.50 , ILO ass r4ij -the tgXjng and. apyrapriatIan 6f -ihe following de— scribed. areal -04041 .•toot's ; :A strip. -of :land.•30 feet, in widt'n and 3715 feet -more or lea:.; in len8t4,-.c-w.tafning•2.6 acres more or leas in the Went half of the Northeast quarter (17 xzj) of -Sect iewn Iff, Toynuship 22 North, Range 4. East W.H., 'more,.panticularly.:described, an foll6va: The longitudinal .center line of this strip commences at 'a point 16 feet north of and 2010 feet more ar lesa x:es' of the quarter section corner on east side of Section 10, To:.mahip 22 Yorth, Range .4 East :4.;?., King County, Washington; runniistr thence south 12 deg. 31 min. East 940 feet; thence •ae::th, 5 deg. 53 min. West 415 feet; thence ' south 3 deg. 24 min. East 27,60 feet mare or leas to th6 north line of the Enos Cooper Donation Claim in Section 15, Toimchip 22 '.orth, Range I 4 East 17A_ A _ :Which 3a.id--strip of 1?.nd 3s estimated to be of the value of t� i .arid. of. w�ticJiti:said strip of la.:sd~'the-':.aboye. named defendants John x. . Lybecic� and' r.ina rybeck, his ::ife, acid .Charles A. be ;�. ! •Ly ck -and Bertha J :I.ybec t . = }ti's ttiifb 'ere �?te o.mars, -acid �,no • otr er or. fortfir. dance _ ouitairie.d:by .the.; -said o�ner3.bf-.:reason oi:'tihe .appr•opriat3on of Said :;atone safd' other than the -value. �•-,of `the .lard ' t a en... 7ati} .;the QORatrwotiag Ot -112W $isuth':.BZWWh Ditch ' of said' yoir ; syst:+eit::: r�::<essd :jurors srrarded. •tl�e .aimaiui t hbre3eatt W , set.' '-forth a er ;p4MioYts .hes e3 tees..' m the •land''?id*einafter. . /: Xing C=nWv Ahs.•ault. of 50 Ots. an damaged r .mod .' a priatiOh'-ni ois- ranatiwameribedreal 1, rT7a d '30 Y,....�,.. ...,�.s: �- "_. �,. ice .y`;;e9t=:rto".�sxr lead: .::: V.. • y " amour hundr��cltnsiy 4j ,` • ( �f?)aryar�oCe�.ea-'1`eae 'in•:tt�e:=�;_`; +t !3i.M: r;L�tik"r� .�;4. �t,+✓ad!ryEJ' •♦ - r, r•:," �.,re}•:t ,,, �.� :tit•-.A}isi„ :•CC%.. .. •!' .:r:.: .� _ .r:!:•.�-.�'.t+l, ',wt;•��4,.'U. .$ et .r 1$:of`°ieµ 5caitr..aAt' gtiartex '(Ens ).'. of .fiect_on::3 :lo:Zily s�=,: `North,.R�in e.4,-Eas3t:'.'t ,:i.,' more particularly described as Rollo►s: 1"rie longitudinal centerline .,of, t�+i.si Strip corrtecas in titer-:. center .af present ditch on acrath side 'of •present Cmant. -Roadat a .-.;. .point 25 feet .south -of -and 771 feet went -of the northeast cw ne'r of,: the Southeasit quarter pf the Southeaot 'q•.:acter ( � M ) of Section 3',. Township 22 North, Range 4 East; rennin— t1.ence � orth 33 deg. 17 =in. Bast 52 feet more orleas to t?te 'Tcr t;i line .Sf't_^_e ta! as Clarke County Road; wl^lch said strip of In-nd is estimted to :;e -e%f ts_e value of 30 cents;. _ and of milch said strip the above nared defendant Cffunty `--,i- ?' Ing is the owner, and that no other or further' damage is a :;stained• ay said oc.•ner ty reason of : ,e appropriation of said strip of lsnniCafor esaid other. than She value of the land taxen. Ili ( o:-ths'ds=esidaiits.Ric2iard�:p�!O�Ohi'.assd.9areth 00nae L1 Ritd the nm:o�:s#gp:�38 :aa :dama968.eSC .•ths ta]ciiig:_and•sPPrvPr3a-'. • ��::ot•'t�li�•1�'�ti+eoziti�easiai.`.ei�ats'..to--wit:• •• .';:: `. :� '�'i.: i�C�Li '��.+� �4:.t.'1•- ::r-.ia:. �' - --- •ri•w:i:...:r'�..•• _:'r•._��' ...�.s::. �i.:-� - ; t ; }': ?:'fioro-�str'iios' ./t :Y d describe of • • , , ' j .. .. ,;.';�.r. •r•j Vi-' a� d,�.�i ,-� JLi ��.I_x, . '.• .- . ..�.. ..y;!a i:a+••HJ sr ;.._ '•�•r�:', i'.::'• _ =�t��: 1. .. y:.:. r.•. t-;..�� said.:atrp 9f. land: is estimated tQ.be. o! the value of strip of land 30.. feat wide- and 528 feat more nr less.* In Aar length,. containing thirty-six handrrdtha (36/1PO) acres .more ^.Y less ; in trs Soutlroest, quarter of the Sout)-eant•-quarter (S"Wj 9. Dj) of Section'=' a � 3, ion-mallip 22 }forth, Range 4 Rant, described a:, follows: The loncitudinal canter line of Viis strip emmnence:, at •a point 15 feet west of and 528 feet more • or leas 'earth of t?:e so -athea3t •t of the Sout:•:wast quarter of the Southeaat quarter (S"..',: SEA) of Section 3, •To:moi+ip 22 North, Range 4 East; thence Swith 528 feat pore or less to a point 15 feet went of the southeast corner of they .Soutb- vest quarter of the Southeast quarter (SW STs,) of Section 3; J3- rhich said strip of land is est imated : to be of the. value of 43. r and.• of u'�i.ch. said two -strip a of.laiid;:tk�e :above name , • : i d defendanto Ricnarcd O106iine2l :anti .Saran, O'Cannell.,. his ':,ife• •are t?�. t t...: ; e &-iners. R . P . noj en t t?ie`.• 3rether. ] -6ida) claim a l iesi :b=, :i .. J = sir..t agt ot; i prtert �, hey.:: ,..°:•r��+.ich t t at' *f� u taiaed'b sa•. :is: 8 8 v y.7� wd ft•d r wt. ,y • ...yes;! x:� .. r M4' �• r!" t�i�swY'Qt:..i�f..:the a s tion.;of :'ssid�str s. of:.Iand aforesai d other .than: .!NY...y� •'� ,' .Ztile->Yalue.rof t : � .i W W":: iWi• �N/.t �: .0 �.:pie 3ema9a8 •#vor":##to-••t�;�`.'s:►d°:aMcpriation' .. °A etrip -of .1'and 30 feet- vide and 1320 feet more or. eas. length;,; containing.,.ninety-one: hundredths:.192A00)%acres o :1 `.s e. iti: tl e::: ort iivea. ;quarter..of :the Xorthiaat';.quarter owf ' ) Of .Sect3ori : r��' .. 10•�Taxnshij�22 North of .. , Ran g+a ' ¢ .Hest 1l:M. more articularl .� des rib aid ' as : f ,o11•oars: ' "The ,1on3itudinal center .'line, oithis strip commences in i Ipreeent. ditch:.l5.:test.reat.of•.the northeast corner. -of . :.. ��yy,,• tiie NortY+�.��st quarter 'of the .1ortI%east' quarter •`(E~'4';rT s) of `Section. 109 Tocroship 22-North, Range 4 Taet; ntnn ng thence sout er2yr, along r a Iino parallel in'. and 15 feet from the east boundary a distance of- r 1320 feet more or less to the smith boundary 'of said ilort::.reat quarter - of ?northeast quarter (?J67j HEj) of Section 10, To..nahip 22 .1TorL Range 4 East; fit_':ieh said strip -of land is estimated to be of the value of A9.10; and of Ahieli said strip of land the defendants Morgan P. O'Brien and Eiarf 0"-Rrlan9 rio•uife-, •are tne."ers. DX.Aelt (of..Usrue.rt, -Holland)•.; claims a lien by mortgage on amid atrip of 3wd, t'he exact a:mnutt of Which is to plaintiffs unk or,•n. :•To other or further damage is sustai:i- ed by said ww•nero by reason of the appropriation of acid Strip of land aforasaid, other than the value -of the land taken. . FOR .'•1 COYSMUCs^?O1T OP 77Or, r 7RA?FC7r DrTC;r: .A; ii..A 11ho Brarah ;4..:...: _:. �'i[o=th: :Ditch or. ta ;ti' >„ •y'reL':=•'_ .�t.,.-U _�'��F'�C..;�.''�=�wMN Ys�'•:f�er �i{73i Tj! �' ' .Tgtiiiship 22 iTorth, of 'Range 4 East; which said' --strip p of lard. is 'eStimated •to'be- of the value of $15.50; and of *hich. said strip of :land the above named defendants Jesies irSharkey :"? and Mary Sharkey, hid• '�a, are the'arnecsg, i d the damage to the lard of Jades;and. 1[a r. gh� eye a ;02 than the lands. taken, is #10.00 Der ace, as lisreibIare Stated on page `. A24 it farther ap23earisfg to tlia satisfeetion of the 0m rct that the said , juz7, by their verdict, further found the maxim amount of benefits per acre to be derived by ea0l, of the land owners, ' respeotive',y, for the oonstruatlon of said iaprovements, and by the lands and pre®isee belonging to said land owner or land Owners, and I � hereinafter desoriued as herein not forth, the names of the land tvaots of land owned by theme respectively as herein set loth,. IMediately eatvoeeding their respective names, with the mwi m►tm amount of benallts per sore to be derived by the respective de- r:; and bar the land belongiag::to them respectivel , as .:. Y are - ,yyn -0!BRISN.and•: .i/4 of. the' 1�;'8:1 4'. o! l'botldh':10; Township:. :,gorth .of.. . -Range::4 :Rast-I- r" [.:.n King Coun y; . ilashi:ngton, excepting- thatet oip "so:.::.' •' much, of.: said -'tract •.ae •.is taken for.:right=of-way. •:Vurposes !or' the,: ' . ditch ::anii;for`34xth Braric�i itch,: both' being-. ditches' �of ' Drainage -.Di' triot .:N6.4.1 of .Kiaig •County, r;aeYiington; `benefited :: i'� the, o= of $'50: DO :.per'-s�rp':�:;;•::; • . " �•:' ;;r,:_•. ;The:�ee'aterl :5 acres• oi' •the f011Owin . •dee ibe t Y rig ' ar d'aract of '" ,•, , ,' " .land; ' tg1min • at "of :the • SE ths.:S81 4..-0:$ecti'oif: li: Township 22'worth,::.ot.:Rarige !i.•8set Y:Y':.'8tzig.;^y . Caiu�tq; � aetiliigtcn,::.53�' •`feet .north of: -*the•'. southiteat •ooraei •:o-`6aid'.�:• tract;..�'3�iviaiig:.%Itenoe,eest 1819 feet more, or'.less :to -the "Westerl7r:;�..�;.::.; ; margin :o `she: Countq••Road: on the riest:..baak':ot:.*h-Yte :River; :thence �:• ..::: •. scutheasteri 7.ong the west: margin : rif:, said Oourity Road°.to s--: poliit 329'.: .. Rol �?8 ' Rst�g Para QOrA 1e • —south.. line.. ol':Seotic thence'; west. a - distaiioe'-, !donee: •noxIb' to- th'e:::0U lees. Thti'-weat 'line ••o le:. margin line of. -ea3;d.:,0 iVAs'•btinefited itt''tihe„ ax'-'a Oint''on the ;iiegt t•ion' R • Tevnali•rr'�Jf�.'i�er shi�•:.22.north,...,•:_ s•.: r 1 ABiige''; :,e st' Y:��1t Being Couuity,' ,Washington; -th oe• west 1819- feet mow..ar:=Tess=:• d-Abi4eete�ly marg3it:of• the:•HE`•1 4 of the HE-1/4 of ' Section' 10;. ;.Soiinetiip.22' north, of'• Range ' 4 : e8et; :; T.li: Ring' County, Washin'ttoii;--thd6b notth•torjince of t�eglnniag;: ekoei�ting-thesrefrom a strip' of laid• •25feet'.41de taken oft the :west end of said tract for part of tight-of.i y`A!-south-Branch ditch, All of said tract'•,. -excepting• the eastariy.:3 acres' above described is benefited in the sum of: $50.00. per acre-..' FRED J.MESS and' AALTaR 113-SS : i tract of land•.particularly described as follows: Beginning -at a point on the Sestion'line'between Sections 2 & 3: in Township 22 north, of Range 4 east W.X. in'King County, Washington, 2652• feet north of the southeast :corner.. oP; said Section 3, and. running thence West 709'.5 feet; thence northeasterly' to a point on said sec- tion line between. Seotion 2 -and 3', -Township' 22 -north. Range 4 East• W.U. •4016 feet north of the- said southeast corner of said section'3; thence east -to the west line of the County Road on the west Lank of %. - White River; thence southeriX.and southeasterly along the west margin-' of paid County Road to a point 2652 feet north of the south line of ' said Section 2,'Township 22 north, Range 4 East W.V. King County, Washington; thence west to the place of: beginning. A tract 'of land containing ten acres off the east side of said above described tract of land, the westerly line of which said 10 acre tract is parallel to the west boundary line of said County Road; Said 10 acre tract is benefited $5 00 per acre. The balance of said tract is benefitcd $50.00 per acre. THOHAS SiriDER and URGARVE SITYDER, HIS dTFE: A tract of land particularly described as fellows: iiegInring at a point 1357 feet north of and 710 feet wg st of the southeast corner of Section 3, To— north, Rangl 4 East F.M. .. ii.L Callntl. iratAni .'tOTT. 301"I. 1: ti?n north aarginal line 'of the County Road, al-.4 ut —xc:;,,cr*ly ear.11Cr of Lroytwty awned ., ,fan` q ��or' Thomas and.-M rgaret Snyder. on the .eaet; thence north 1318' feet more or,1684 to •the:�torth Marginal* -line' of `the'. N$ 1 j4 'of the 81 1 j4 of Seoti•2n.3,-Township 22.-north, Range 4; thence west 500 feet; thence• soitthweaterly'to apoint on=the north,me*ginal line -of said county road; thenos;-eaut:4965•.feet• to the. plaoe•:of::beginning, containing .. 28 � 3"3::aoree:mort�:�r.,:.1•ese •� • :: ; . ... • - ::�:•:� ..: •. . =:benefited:'1T1"•�thr,:.:sum�ot�;�50.••o0:�per:•a0re•• ..�;: , '.. • • . ' ... M t: •bb1 -. inn J•j fit: .. •' `} s_•xf�{afi�nis.,�?s:C?•tf.;c:y 'a:�::,F.�:: is v:.. ... `. .. '.?:._:J .. , •PATRI.tIK'.1lStERSOYi:.: and :VARY•.,*.-I=SON' :F' :~r z ll�`.trao:t` ot':`land pa=ticu7:ar7,y = -described - an follows, Begirin at a point on`::the xwesterl�► morgineil?:line . of •the• NB 1 4 oP the''•::14 O';$eRt3.oA 1C' : a s _ �,.. T wri hip;T32-:north:;;of.:Range.i��• 4 last L •1t ' t31' :.1raa tori .:329 ° ee y h� � t, i t 8otith•%.Of : ith-e �'northweet corner • of... the :1R:1 4'-or the :ttl::: A ofneib .22 north; .'Range- :4, •east•:•sM�;�tithenoe�:eas-t::'?i41:�;rteetto••:the;weat:bouadary:':itne•.of.•th.4.'� . ,on' ocri�ntod�loiated-.' the;<wegt' ak : o • � `ba � �-1h1te' :River.. theno e:: southerly ^.•<, � . and:.'eoathweeter],y:=:alonng the.:wet, boundary=:.line :ot said`: couatty:.:road point 825 eet. aorthe :ot tlre..:•eastraAd .weef .oenar'al- ne. of Seatiott° :Toiirlti"1ed��taiot:<iiai�ge: 4:• eaetl:t[:•' R thence::weot. t tlie;seeotiba":line;: bet�re�n . • ty� Washingtion; �.See 10 and..11, Township:':. i SE:'.north, 'D e. eaet�;Y Y. r •theao'e orthrtalons'-said•:eeation'11i 6 501;6°`test` b' lidK`$q thi►e$t;:oorner'ol�.'�.ot 5,' in.. ea- USeosion:ll; Towri=:: ship -2k-.-MrtIn"Of ' a°'4.`Eaat Y.lt, tlieitoe west to -the so;tthwest• Corner.. of the::;lt]!:`i 4.a1:°:the N1 1 j4 oi.:'86dt3on.10; ' Township 22 north; . Of. Range 4 Eae�t>T� �_�ing.:County, •Aashington,-•:.thanoe north to .the: place .of. be ,*;=idh: of .said tract an..is;'J 8:�,..:•e�coe3if-sign the�retram'=so taken for: 3 ditch, .:.. • ;. • eaeteTly�}::3��aresr�aaai :tract :t lie :,we to :: :.= .•.. s.. iine.•ot�••whioh;-is; p •ej;•�a :th0= t�ti aral]: e=;o couii#p: road ori';the west bank o tJiiid'R�veds;.'�b3�e�=:��eQ`•�i►;:;:tlie,�: ,, < J�aFi - eiim•of #S::;OOpez aora, the of said: eeaf:`ed- 'balance ; 4';► ore:•: `:::. 5: RlcRaa�:=.a'co�aai�sad�si•jfl`rcoL�Rrs;-*lane'-�'.• � • � • . .. . ". . a. .A :tract of land particularly.. •desoribcd ae follows: BOgiiining'..at.:the,:..n.outheset,.00rner, Of'. the. ST:,I j4 os the SL 1 j4 of Section•'.3 .Township=.22:•north,: of Range 4 east:T:1t;', Ring:County, Bash in8ton, 3•unning:•thenoe'.west. toy the, aouthwest corner' of the SW'1j4 of the: SB.i j4. o! °Ba3d..seotion 3;• thence: north :519 .feet; thence north- easterly, to'a Paint on. .the south margI4,oP;the. county road 392 feet -west of the .east line. -Of the SW 1/4;of sthe =31 -1•j4 of Section 3, Town- ship. 22 north, . of -Range • 4: -East county, Washington; th once east along the south.margin-of'ea1d=.of: -.'bonnty:.toad * to the, west margin .of the County road- on thO.'West 'Bank ftjte:•Rived; thence southwesterly. along the -west- boundary line of said scanty road on the west bank of White. River to .a point•,St7*! feat'north-:of. the south line of Seotion 2, Township 22 • north,..of Range 4 east w,Yo 7.... Eing County, Washington; tha4cce west on the north line of property belonging to ![organ P. O'Brien and :, ary:0-!Brien, his wife; to. the -west line of the SE 1 j4 Of the SE•1/4'of'Seation 3, Township 22 north, of Range 4 east R.k., King County, Washington; thence. south on said west boundary line to the place.of beginning; excepting therefrom eo much of said tract as is taken for right-of-way purposes for the llsin ditch and the South Branch ditch; A tract of land in the easterly part of the foregoing described tract containing 5 acres, the west boundary line of which is parallel tp . the west boundary line of the county road on the. west bank of White River, is benefited $5.00 per acre. The balance of said described tract is benefited ;50.00 per acre. PATRICK FLAHERTY and JULIA inAHERTY All Rang feet e , HIS WIFE. A tract of land particularly described as follows: of the SE 1j4 of the NE 1j4 of Section 10, Township aa:north, of 4 east W.M., King County, Washington, exoepting the uth 16-1 j? thereof, which is a part of the right-of-way of the DVk Moines QOW 'Tor ],eisi stair -A t2 soot 4s. 0 Ina PAIR ,'feet'. f.1r' ' reef nortx poial 9:37. benei $DWAB . Begin betAe Ring: said• props therio� banK.,i line i where the -'Di boundu contal benerj RING C Qaehir Begins non •to T.U., 2V 45 ' thence w1d.e o was he, Clarke beneli- County, Dietrif 7.63 a! 4.37 ac 3 ' ZOKN 2. LYBECB and 11NA .LMCK, HIS -Wipl: CHARLES .LYB30X: and'BMMn LYBECK; MS-TIFE: "''.•A..•A' tract of 'land particularly. desoribed as follows: Lot :4 ' in' Seoti031i'10, Township 22 north, :Of Range 4 east -jr..lt, except.;.* ' iii: theref ca. so :muoh Of -said lot •ae 'is .taken of -way for County road rights - The ee�st 11.:aoreu of: this. lot, the" east'. line of. Which is the •county road_'on the'.�est:bein]c of;;Mite ;River; 'and• t it -west line of •which:runs Parallel' : t� 8gid :Cou»ty. road, :: is ;benefited ` 5 oo per sore: and •'the.. baianae :os�said: lot• ie':beaetitad #40;00•`per acre; Lot 3 : ixi 1eotion. 20" Township ' 22 north; of : Range 4 east ' • 1P.M;", 'iucoept "'g :thereiom;:eo muoh•:o= eaid. land 'as.$ ovcupied by. -the-.-*; rig'ht.t-'*ay;='oi-'the :County=iwad'on ;the:west'. bank 'of Ti'hite'. River,. ie:.': ' benefited •peo� ::acre " ... :.;.:.r:... :. =Begizin�sr�gat.':t2ie.: southwest corner 'Of.. Lot 3 1» Seotio» 10, TOFftslziy 2i ~Korth; : of"Range. •'4' lfast,' N.Y. King - County, Washington, . ' running.. thenoe' �eouthwesterly. to:'a"point 'On. -the 'north. -line: of the Cooper= DonatSon::�Jii�;zn 'iri Seation'"l5f 'Township .82 -north, of Range-4 pounty,.-*ashington,. at a."point:i9G .feet west 'of -the west;:.zn2rgina2;i ne ot�.the:06 . t�:road.on tha'west bank of -White Rivcr;`. thenoe;ol►t2iea-erly :along the west -mar ginal..line of :said County :.. road:'to `, t ie ;'eotit2i.:line f;:Lot"'3. ` Ih,'Seotiop .10, : Township 22 -north, of Range;thOno e::west':°to `:the'-place°of briainning,' oontatning:.: , 5a'S'acrea;F benel'Zted''#3::'00:'�er acre,: Begnt-whei�io. the, east boundary line of the Northwest:•:quarte�"-•a: the'. Southeast • quarter.' (.NW 1�4 SE 1�4) of Section 100 To�vnnh3y .of.;.Range .4 :East ..W.M. ; Ring County;' 1►ashington,. : intereeots 'the' sod h boiindAry % ine, of the' Des- Moines `County ro d; thence -south" to =the southeast oorlier.of.'the Sp1..1�4 of. the SB 1 4 of: said Section: Jo:--thenoe. eouthwestOr Y 'to.'it "Point --on .the •north zoundary .' line of,-the-:Oooper .Donation'Claitl 1h:-Secstion..l5; . Towriahip. 22 north;; of Range:4 Bast:° [ ;.;:i96 lest: seat of-'thS .west .boundary .Vine..of the C�>untj/ r08d`O_=1r$e. we8;t rballlC:?C�'.1te.�RiY@�!; theTlCe' !]i:ITt11E�'ly `•t0' g' point.': tfie eoiit3t izidaiy�l3iler=:ot:tY�e::g1►_,1%.4 or:the:SE`:T14-of 'Seo- tion 10, To�insli3p`22 north; :.Of,-Ra e 4 ees.t: �/.;1t., -240 feet west of the southeait'-cO'2' er of said'SW-:1 4• of: the 'SE' 1/4 of bald Section 10 the�noe north •976:feet; 'thence was :.3i6 fast: theme north 24' , • east* 335 %fee't; `thence - north". '50 : 53; `. West •.415 feEt ; .thence north 12° 37'. west 924 .feet; ::to 'ihe south 'boundary line -of. the ' Des .Moines County. road; :;tiienoe-cast. along; sgid a0tith•* boundary line to the point of be- ginrtizj; ' containii . g0:2::acres; benefited.'446.06-pe2 'gets: R.egirining::a't- :6 point on the north line of the Cooper Dona- tion Claud in •4ect1On• 15, : Township. 22 north, -of Range 4 east T.N., King County, Washington, •19s feet west of th'e west margin of the County Road on,.the .west...bank. Of:White -River; thence west 400 feet along said Donation Claim line;' thence north r 6' East 672 'eat: thence north'5- 41' 'west 400 feetf thence north 190 Bell west 64 feet; thence north .37° 57" east 177 feet; thence north 12 deg. 4' west 149 feet; thence. north 37 deg. 52' .west 122 feet; thence north 3 deg. 26' east 201 feet; thence 27 deg. 291 east 412 feet; thence east 3I6 feet; thence south 976 feet; thence southerly •to point of beginning, con- taining. 20-scres; benefited $50.00 per acre. DAYID KELSEY and MARY KELSEY, HIS WIPE: The south half of the southwest quarter of the northeast quarter of Section 10, Township-22 north. Raz;,ue 4 east, containing 19.48 acres, except so much thereof as is taken for county.roa3 right-- 4f-w17 and for right-of-j!!ty of Main ditch crossing property, benefited #50.00 per acre., or JAIGS SHANN and .XW- . SiiARKN9 HI3 .:IfIFB. A trait 'of land partioularly,.desoribed as -follows: Beginrri.ng' at••.•a;:point, on *Seotion'.iine. between. Sections S and 3Town= ship 'aa : nortls.: of;'•Ra-'ge. + •east' W:lt; .:13b7.: teet;moTe' or.less north. of ..the aoatheaat •corner.:•At rsaid:.Section 3� .-sSti::paiat being on' the worth bouncLary; lirie�cx-`�liiat'.ie::nowii-as'••the`.•:d1;Ian4,Climke ,bunty. Road; .auxi eet: tbenoeweitt;�alo skid.°ciao t , ' Wing F, iig:=• ty.�road�`910�•t.inore'or.less•-to• the soatheast• oos�ne.t o;a:-tract' oil land.-owned-`'byra:Tliomag`Snyder tlienCe'' `:: no thc:alotfg, tdie esetj:bouAdary...line:. : •aaid=•S�prder. trait •13o0 •feet,.': more. or:.:leea•.fio=:.the: ecasf�i�iest: eor ies. of?e �tZaot jof .land heretofore:":"'.. deeded•'•by;;Jeties:`.:Sha keY::ai�d'.w 0. to. Fred•:and: slier ]teas; .thence. east:': . Tong •.Ihe1°eoatir..." nndsiy:of,said" 1sst.meiitLdfibd-:traot •to the.vest'; banndary,:.ot�; the::ooua y::.road on;the:,:west.::bati:'at;wthie :River•' th ' south . . • . eno <�trtQ �dif#rhVWXY-''aiong: �he,•:westi: bouadaiZr �ot-:'said• wunty.. roa&--to t3ie aotl{,eaeaoi�ti o.;.e trait. of 1ai�d cimearbY"Kiri6 •_County; then• wesg'eetrh nor`::lees to :'thencrtriiiee corrie ot_ said 81t�g::: Comity; �tsrios eloutheJ'Qd;feet:.more nor :less �;t©::tb�a 'north: •b 13.ne': ' of eafl -Count Ro aia:d arir y ad,.`there:nests+.';to*the:�iaoe.of-'.,be • . �: oon�a3ti r • less•; • _ . ° • - 'SYR"•O-acree:;�;more, o '�•:�` �'• •:., �'.;:,•:.::: -.: :. , - ';.. ..wj. tr;:iier.ard=o°the•deffendant$'Yorgai�'::F.O Brien°and O'Brien. hia wife;'':and that Thomas Ou18tte,: Morgan P.O'Brien and ,:.. - D.K.Weit . alaim some :lien or mortgage • against :.the land of. the defend=' ants Bred J.Mese.: and. Walter.:Yess ' and that the 'Motherlands -American'* Mortgage Bar1k,.:s°'corporation, ola1m -v.me .11sn..:a•�tinst or interest. in' the lands: Ot .the' •;lefendaitts Thomas arOrder:- and' Uargaret Snyder, his wife, and that X.P.Barry claims some title or interest in the land Of the defendants -Patrick Emerson and Nary Bmerson, his wife; that R.P.Dojes'claims some title or interest in and to the lands.of the defendants Richard .O'Connell and Sarah O'Connell,. his .wife; that August C.Magnue-claims some interest or title in or to of the defendants Patrick Flaherty and. JUl.ia Flaherty, hia wife; that Jane L.Casselman and Edward Van de Venter claim some title: or in- terest in or to the lands of the defendant Patrick Courtney erine Courtney, his wife; and that T7. H. Davies and John Mullen each all in seme lWerest or 'Oiilo • tb and • to the land: M med by the. defend- ants dobn'.h:Lrbeo]c a d' Ll= .LTbG&t' his wife, and. Charles A.Lybeek and Aertlsa''Lybeok, his Wife... :Ana lthe .°Qourt..bsing ,aoir.`fiirt%es: fu11 eatiair Lad of 'h jY, w1••' .iaw.siid:<th+eYf�Ata::iit: the;'y aoiisad it::i�s' here::.and now; OHDSRID, .:�D.iUD41D int D=aR D.,'�iat thszlght-of-way. •wet• torth�.3::file:petitioiiiand:ootapiaint :ror: the,..00nstrnationof ea'iQ. teb`' mod' o : sp. a s►efl :sad : ae :yY. ; -or-r:said'IrafuBe:D iitsiot.•]to';� 3e $nd= they . are:her6by' directed : to.' draw --their -4irrint : on • the Countq :rossurerr of Xing Oount; , WadhingtoU, .. for .'the several and. resyeativs. OR to awarded by the jury, and heteinebcve speoifleaI1Y 'set forth,. to -Mah persons for the ' respentive-ematgis of.dtmages.sustain,ad by reason of the establish= meet of said "vement, pasable 'ant 9f the fad of said Drair*9e Distract: AND It I8 FMRZR ORDER$D, AD.MGZD AND DZCWM, maximm amount of bsneVI," per acre to be derived by the several land owners respeotively, with the names of the land owners, and the tracts of land and descriptions thereof owned by said laud owners respective- ly, are as found by said jurors in their said verdicts returned as hereinabove specifically mentioned and set forth, and said land owners and said lands are herein decreed to be benefited respectively ---------- ;� , ' ':]OiZf,f.12�"va1401i�3t•�14!:`:ae3'•O•:ai.:,'i • '/1t�i •:ark . �t'e.i�,`�ldw��l00='Oi and='a�i'ir�st ahereeipective .1 .. `, .:A :. • •. � lie^....: •. 'l . •. • ,t, ~' F • �:+iihlriQ.wy�liiL� .i mediate].y.�poa:�tbs e�tryf:ot? -... o�!:'ii].'•:t�ie':pi��oiis�a�c•�::gorya .. ":'C]fa1!e%1!' �e$��1iii�'•:'ChOT:aIDotta' 80:t3ve tw . jt: t •i:'.:�' �•"'' •Jt.i •....: %i-Jl,• r::'•'}'r .�_.�.� :i: rr 'w: t•j:;• lip ,:�>' •'y�.':,ir^:�i:%•.t � yre�-wts•''t2•�/:a'r•.'t:+ti'.'.•4,•.'t`-: 11-097 Council Approval 6/20/2011 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF KENT GRANTING PERMITTING AUTHORITY TO TUKWILA FOR THE TUKWILA SOUTH WETLAND MITIGATION AREA THIS INTERLOCAL AGREEMENT ("the Agreement") is entered into by and between the CITY OF TUKWILA, a State of Washington municipal corporation ("Tukwila"), and the CITY OF KENT, a State of Washington municipal corporation ("Kent-) and in conformity with Chapter 39.34, Revised Code of Washington ("RCW" ): RECITALS WHEREAS, Segale Properties LLC is the proponent of a mixed -use development project, located within the City of Tukwila, commonly referred to as the "Tukwila South Project''; and WHEREAS, as mitigation for certain elements of the Tukwila South Project, Segale Properties LLC is required to implement a wetland mitigation plan, which plan has been approved by the City of Tukwila; and WHEREAS, the majority of the Tukwila South Project is in the City of Tukwila, however, a portion of the area identified as a wetland mitigation area for the Tukwila South project is within the jurisdictional limits of the City of Kent. The subject wetland mitigation area is described in Exhibit A, attached and incorporated herein by reference ("Wetland Mitigation Area"); and WHEREAS, pursuant to a separate agreement, Segale Properties LLC has acquired fee simple interest in and to the drainage ditch previously owned by King County Drainage District No. 2 (the "District"), which drainage ditch is a single parcel located within the Wetland Mitigation Area and extends into the jurisdictions of Tukwila, Kent and King County. As part of its mitigation work, Segale Properties LLC shall relocate the portion of the existing Johnson Creek ditch north of S. 204"' Street and within Tukwila's jurisdiction to a new area adjacent to the northern boundary of S. 200' Street. The east fork of the drainage ditch within Kent's jurisdiction shall remain unaffected. Upon completion of the above -described revisions, Segale Properties is required pursuant to its agreement with the District to transfer and convey to the District the fee simple interest in and to the revised drainage ditch; and WHEREAS, Tukwila and Kent agree that granting permitting authority to Tukwila on behalf of Kent for the Wetland Mitigation Area will provide greater consistency for the Tukwila South project and cost efficiencies for both parties; and 39.34; WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW Page 1 NOW THEREFORE, in consideration of the following recitals and the mutual promises and covenants contained herein, it is agreed as follows: AGREEMENT 1. Purpose of Interlocal Agreement. The purpose of this Agreement is to provide an efficient permitting and monitoring process for the Wetland Mitigation Area to avoid the inherent uncertainty of two separate review processes. 2. Review and Decision -Making Process for Permitting and Approvals Needed for the Wetland Mitigation Area. 2.1 Kent shall be responsible for issuing and inspecting any right-of-way or utility permits for the Wetland Mitigation Area. Tukwila shall be solely responsible for receiving, processing, enforcing, and monitoring all other permits or applications for the Wetland Mitigation Area pursuant to the Tukwila Municipal Code and any pertinent state and federal statutes. Tukwila shall verify that the applicant has obtained all state and federal permits required for the Wetland Mitigation Area. FWetland 2.2 Tukwila shall require that the applicant record aSensitive Area Easement,manner approved by Kent, containing all critical areas and critical area buffers in itigation Area in accordance with Kent City Code 11.06.640. The Sensitive Area l allow the District's continued use, repair and maintenance of the drainage ditch 1 cel number 0322049449. 2.3 Tukwila shall notify Kent when Tukwila sends the project work in the Wetland Mitigation Area to final acceptance and closeout and begins the monitoring and maintenance periods. 2.4 Tukwila. shall send Kent copies of the following items: 2.4.1 Any permits or approvals issued by Tukwila, state or federal agencies for the Wetland Mitigation Area. 2.4.2 Any pre -construction meeting notices for the Wetland Mitigation Area. 2.4.3 Any communication regarding construction and installation schedule for the Wetland Mitigation Area. 2.4.4 All critical areas mitigation monitoring reports for the Wetland Mitigation Area. 2.5 For applications that require public notice, Tukwila must include Kent on Page 2 the list of agencies who wrill receive notice. Response to the notice will be required, for Kent to be a party of record. 2.6 Tukwila's processing and review of permits and applications for the Wetland Mitigation Area shall include but not be limited to: rendering decisions to approve, condition, or deny such applications; conducting inspections; issuing correction notices, permit extensions and completion of extensions; approving final construction; and evaluating compliance with approved conditions. 2.7 Tukwila shall process the boundary line adjustment application to be filed by Sea Properties LLC to effect the changes discussed in the fourth recital, provided however, nothing herein shall require either Tukwila or Kent to secure King County's consent to the proposed boundary line adjustment. 2.8 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant to applicable Tukwila Municipal Code provisions. 3. Duration and Termination. This Agreement shall begin upon written execution by both parties and will continue until terminated. Either party may terminate this Agreement by providing written notice of such intent to terminate at least ninety (90) days prior to the termination date. Upon termination of this Agreement Tukwila shall provide Kent with a copy of the files and records of all permit applications received or processed under this Agreement. In the event of termination, Tukwila agrees to provide any further information or assistance regarding the Tukwila South project or the Wetland Mitigation Area as Kent may thereinafter reasonably require, Upon termination, Tukwila shall not be required to assign any portion of its rights, if any, in performance bonds or other surety pertaining to construction or maintenance activities to be undertaken in the Wetland Mitigation Area to Kent; provided, however, that nothing in this Agreement shall be construed to preclude Kent, upon termination, from requiring Segale Properties LLC to submit a performance bond or other surety pertaining to construction or maintenance activities to be undertaken in the Wetland Mitigation Area directly to Kent, in accordance with applicable provisions of the Kent City Code, including, but not limited to Kent City Code Section 11.06.570. 4. Indemnification. 4.1. Tukwila shall indemnify and hold harmless Kent and its officers, agents, employees, and elected officials or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of them relating to or arising out of the performance of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Kent, Tukwila shall defend the same at its sole cost and expense, provided that Tukwila retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Kent or its officers, agents, employees and elected officials, or any of them, or jointly against Kent and Tukwila and their respective officers, agents, employees and elected officials or any of them, Tukwila shall satisfy the same. Page 3 4.2. Kent shall indemnify and hold harmless Tukwila and its officers, agents, employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Kent, its officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Tukwila, Kent shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against Tukwila and Kent and their respective officers, agents, employees and elected officials, or any of them, Kent shall satisfy the same. 5. Dispute Resolution. It is the parties' intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level with the respective departmental Directors and Administrators. In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by each city's City Administrator or Chief Administrative Officer, as the case may be, within thirty (30) days of written notice from either parry of a failure to resolve the dispute at the staff level, and if unsuccessful, then the parties agree to submit the dispute to non -binding mediation/dispute resolution. The mediation/dispute resolution process shall be determined via mutual agreement of the parties and the selection of a Mediator must be jointly agreed upon by the parties. Venue for any action relating to the interpretation or enforcement of this Agreement shall be solely in King County Superior Court. 6. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Tukwila an employee of Kent, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded to either party's employee by virtue of their employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila employees and employees of Kent are acting as Kent employees. 7. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. 8. Assignability. The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 9. No Third -Party Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such Page 4 A 1 third parry a cause of action (as a third -party beneficiary or otherwise) on account of any nonperformance hereunder. 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and no other verbal or written assurance or promise by any party hereto is effective or binding unless included in this Agreement. Proposed changes that are mutually agreed to shall be incorporated by a written amendment hereto. 11. Filing With Auditor. This Agreement shall be filed with the King County Auditor pursuant to RCW 39.34.040. CITY OF TUKWILA CITY OF KENT By Pri. Its: Da N Exhibit A — Legal Description of Wetland Mitigation Area in the City of Kent Page 5 , M EXHIBIT A Legal Description of Wetland Mitigation Area Parcel "A"- TPN 0322049102 Beginning at a stone monument which is the southeast corner of Section 3, Township 22 North, Range 4 East, W.M., in King County, Washington; thence S89°36'00"W, along the south line of said Section 3, a distance of 1326.60 feet to the TRUE POINT OF BEGINNING; thence S89'36'00"W, along said section line, 866.40 feet; thence N26'08'00"E 1477.50 feet to the south line of South 204t' Street; thence S89'37'00"E, along said road, 791.30 feet; thence S35'36'00"W 973.80 feet, along the west bank of drainage ditch; thence S00°38100"W 522.90 feet, along the west bank of drainage ditch, to the POINT OF BEGINNING. Parcel "B"- Portion of TPN 0322049049 Together with those 30 and 40 foot strips lying within the southeast quarter of Section 3, Township 22 North, Range 4 East, W.M., condemned on the 7t' of October, 1905 for drainage ditch right of way for benefit of Drainage District Number 2 in King County Superior Court Cause Number 47302. AGREEMENT This AGREEMENT (the "Agreement") is made and entered into as of 2010 (the "Effective Date"), by and between DRAINAGE DIST ICT NUMBER TWO OF KING COUNTY, WASHINGTON, a Washington municipal corporation (the "District"), and SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale Properties"). Recitals A. Segale Properties owns all of the property bounded by the westerly bank of the Green River, the northerly margin of South 204th Street, the easterly margin of Orillia Road South and southerly margin of South 200th Street (the "Property"), with the exception of the Original Stormwater Drainage Ditch (hereinafter defined). B. The District possesses certain rights in and to that property more particularly described in Exhibit A (the "Original Stormwater Drainage Ditch"), which interest was acquired by condemnation in King County Superior Court Cause No. 47302, dated October 7, 1905, and recorded in the records of King County, Washington (the "Instrument"). C. Segale Properties desires to develop the Property, which necessitates, among other things, the relocation of a portion of the Original Stormwater Drainage Ditch to a new area. Agreement NOW, THEREFORE, in consideration of the respective agreements set forth below, and for other good and valuable consideration, the District and Segale Properties agree as follows: 1. TRANSFER OF PROPERTIES 1.1 Relocation of the Drainage Ditch . (a) Segale Properties shall construct, at its sole cost and expense, a new drainage ditch (the "New Stormwater Drainage Ditch") pursuant to the plans and specifications ("Plans and Specifications") attached hereto as Exhibit B, and in compliance with all applicable laws. Segale Properties shall complete construction of the New Stormwater Drainage Ditch within twelve (12) months of receiving all necessary permits for the work. During the construction of the New Stormwater AGREEMENT PAGE1 7/9/10 Drainage Ditch, Segale Properties shall fill the Original Stormwater Drainage Ditch located north of South 204th Street and pipe the water to the Green River that would have flowed through said ditch. Segale Properties shall obtain all necessary permits required for the construction of the New Stormwater Drainage Ditch, including without limitation, the filling of the Original Stormwater Drainage Ditch north of South 204th Street. The District shall cooperate if required by executing any necessary documentation in obtaining such permits. (b) In the event that the portion of the New Stormwater Drainage Ditch that is part of the Army Corps of Engineers 205 Project requires repair, Segale Properties shall use commercially reasonable efforts to notify and communicate with the Army Corps of Engineers, or the appropriate governmental agency, to cause the repair of the New Stormwater Drainage Ditch. 1.2 Subdivision and Transfer of Parcels On or before December 31, 2010, the District shall transfer all right, title and interest in and to the Original Stormwater Drainage Ditch by a duly executed and acknowledged quitclaim deed substantially in the form attached hereto as Exhibit C. Immediately upon recording the quitclaim deed for the Original Stormwater Ditch, Segale Properties shall grant to the District an easement for the same property allowing the District to maintain and operate its existing drainage ditches (the "Easement"), subject to the terms of Section 1.1. Upon transfer of title to the Original Stormwater Drainage Ditch, Segale Properties shall work with the City of Kent, the City of Tukwila and King County, as required, to divide the Original Stormwater Drainage Ditch, pursuant to applicable subdivision ordinances and regulations and at Segale Properties' sole cost and expense, into three separate parcels as depicted in Exhibit D. Thereafter, Segale Properties shall transfer to the District each of these parcels subject to the following terms and conditions: (i) Parcel A — North of South 204th Street Upon completion of construction of the New Stormwater Drainage Ditch, Segale Properties shall cause, at its sole cost and expense, the boundaries of Parcel A to be adjusted so that the property line of Parcel A coincides with the boundary of the New Stormwater Drainage Ditch as depicted in the Plans and Specifications. Within thirty (30) days of the final approval of the boundary line adjustment, Segale Properties shall quitclaim to the District all right, title and interest to Parcel A. (ii) Parcel B — East Fork Johnson Ditch, South of 204th Street AGREEMENT PAGE2 7/9/10 Within thirty (30) days of Parcel B being separated from the remainder of the Original Stormwater Drainage Ditch, Segale Properties shall quitclaim to the District all right, title and interest to Parcel. B. (iii) Parcel C — West Fork Johnson Ditch, South of 204t" Street The parties acknowledge that the physical location of Parcel C does not coincide with the legal description of Parcel C. Segale Properties shall use commercially reasonable efforts to cause the property owner of the land on which the ditch is located to complete a boundary line adjustment to make the legally defined area and the physical location of the ditch coincide. Segale Properties shall provide to the District a copy of the boundary line adjustment application for its approval prior to submittal to the applicable jurisdiction. Upon completion of the boundary line adjustment, Segale Properties shall cause Parcel C to be quitclaimed to the District. In the event that Segale Properties cannot reach agreement upon commercially reasonable terms with the owner of land on which the actual ditch is located within twelve (12) months of the Effective, Date, Segale Properties shall quitclaim to the District all right, title and interest to Parcel C. 1.3 Value of the Parcels The District acknowledges that the value of the improvements and the property underlying the New Stormwater Drainage Ditch are equivalent to the value of Parcel A of the Old Stormwater Drainage Ditch. Where appropriate or necessary, the parties shall use the assessed value of the Old Stormwater Drainage Ditch to determine the real estate excise taxes due and payable for each transfer of property. 1.4 Delivery of Transaction Documents Segale Properties and the District shall deliver all instruments and monies necessary to complete in furtherance of the transfers of properties described in this Agreement. At Segale Properties' election, Segale Properties may cause the transfers to be completed by Commonwealth Land Title Company of Puget Sound, LLC ("Title Company"). Segale Properties shall pay all closing and escrow costs for the recording of the deeds, including without limitation, any applicable real estate excise taxes. Real property taxes and assessments payable in the year of closing shall be prorated as of closing, as applicable. 1.5 Contingent Compensation In the event that Segale Properties is not able to complete any one or more of the above described subdivisions and boundary line adjustments and the District AGREEMENT PAGE3 7/9/10 remains in possession of the easement described in Section 1.2, Segale Properties shall pay to the District the difference. in value between fee simple title and easement for the respective parcel of land that could not be transferred to the District. The parties agree that the difference in value between the fee simple interest and the easement interest in the Parcels shall be $10,000.00 (the "Difference"). If less than all of the Parcels are returned to the District, then Segale Properties shall pay to the District the Difference after being ratably adjusted based upon the ratio of the amount of square footage returned to the District in fee to the total square footage of the Old Stormwater Drainage Ditch. Segale Properties shall pay the due amount to the District within thirty (30) days of the denial of the subdivision application. 1.6 Termination of the Agreement . In the event that Segale Properties is unable to obtain the permits to do the work described in this Agreement, this Agreement shall terminate automatically, and the parties shall be restored to their original positions immediately prior to the Effective Date, including without limitation, reconveying title to property and terminating easements. Segale Properties shall bear all reasonable costs related to the termination of this Agreement. 2. PLANTING EASEMENT At the time Segale Properties transfers to the District Parcel B or Parcel C, Segale Properties shall reserve an easement granting the. right to plant, maintain, and monitor plants and other foliage, but expressly excluding trees, together with the right to erect fences, within said parcels, provided however, that Segale Properties' planting shall not extend beyond the ordinary high water mark into the ditches located within said parcels ("Planting Easement"). The District shall not be permitted to mow, kill or otherwise remove the plants and foliage planted by Segale Properties, provided however, that the District may remove any plantings that are materially impairing or threatening to materially impair the operation of the drainage ditches.. Segale Properties shall grant to the District a license to enter onto Segale Properties' property at reasonable times and places for the purpose of inspecting and maintaining the District's drainage ditches, and to remove any plants or trees that the District deems to be a threat to the operation of its ditches, and that such access may be on foot or by motor vehicle, provided the District shall repair any damage causes as a result of crossing Segale Properties' property. AGREEMENT PAGE4 7/9/10 3. MISCELLANEOUS 3.1 Successors and Assigns This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. 3.2 Notices All notices under this Agreement must be in writing and be personally delivered, delivered by recognized overnight courier service or given by mail. Any notice given by mail must be sent, postage prepaid, by certified or registered mail, return receipt requested. All notices must be addressed to the parties at the following addresses or at such other addresses as the parties may from time to time direct in writing: To the District: Drainage District No. Two Attn. Thomas O'Connell 20449 Frager Road Kent, WA 98032 With a copy to: John M. Casey Curran Law Firm, P.S. 555 W. Smith St. Kent, WA 98032 To Segale Properties: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138 Attn: Mark A. Segale Any notice will be deemed to have been given, if personally delivered, when delivered, and if delivered by courier service, one (1) business day after deposit with the courier service, and if mailed, two (2) business days after deposit at any post office in the United States of America. 3.3 Attorneys' Fees It is the intention of the parties that in the event a party files an action to enforce compliance with this Agreement, or to allege a breach of this Agreement, the party that substantially prevails in that action shall be made whole by the other party. Accordingly, in the event of such an action, the substantially prevailing party shall be entitled to attorneys' fees and all necessary litigation expenses incurred in obtaining relief, including any appeal arising out of the action. It is the parties' further intent that the remedy of an award of attorney's fees and litigation expenses is to be AGREEMENT PAGES 7/9/10 liberally construed so that the aggrieved party is put in as good a position as if the other party had fully performed. 3.4 Construction The Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. 3.6 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 3.6 Counterparts This Agreement may be executed in one or more counterparts. All counterparts so executed shall constitute one agreement, binding on all parties, even though all parties are not signatory to the same counterpart. 3.7 Entire Agreement This Agreement and the exhibits hereto constitute the entire agreement between the parties with respect to the matters set forth herein, and supersede all prior agreements and understanding between the parties relating to the subject matter of this Agreement. 3.8 Document Preparation Fees Segale Properties shall reimburse the District for its costs in the preparation of this Agreement, which as of the Effective Date of this Agreement, are $2,609.50 in attorney fees and $1,197.63 in engineering fees. Segale Properties shall pay such amount on the date this Agreement is executed. Segale Properties acknowledges that additional reasonable attorney fees shall be incurred by the District, and Segale Properties shall reimburse said fees within thirty (30) days of receipt of an invoice therefor. [The remainder of this page is intentionally left blank.] AGREEMENT PAGE6 7/9/10 IN WITNESS WHEREOF, the District and Segale Properties have executed this Agreement as of the day and year first written above. The District: DRAINAGE DISTRICT NUMBER TWO OF KING COUNTY, WASHINGTON, a Washington municipal corporation By Name: ,}?/e,//r9Q W Title: Commissioner By ei'"" Name: - '�csvni t / Title: Commissioner By -� ame: Title: Commissioner Segale Properties: SEGALE PROPERTIES LLC, a Washington limited liability company By Metro Land Development, Inc., a Washington corporatio Manager By: M. A. Segale, P ident AGREEMENT PAGE? 7/9/10 EXHIBIT A to Development Agreement Legal Description of the Original Stormwater Drainage Ditch PARCEL 1 ("Parcel A") A strip of land 40 feet wide and 85 feet more or less in .length, containing eight hundredths (8/100) acres more or less in Lot 8 of Section 2, Township 22 North, Range 4 East W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point on west side of present traveled county road on west bank of White River in said Section 2, said point being 387 feet North and 918 feet more or less East of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., running thence South 75 deg. East 85 feet more or less to the east margin of County Road on west margin of White River. PARCEL 2 ("Parcel B-1, B-2 & B-311) Three strips of land described as follows: (a) A strip of land 40 feet wide and 1290 feet more or less in length, containing 1.19 acres more or less in Lot 8 of Section 2, Township 22 North, of Range 4 East; and in Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point in center of present ditch 132 feet North of and 302 feet West of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; running thence and following the present ditch North 70 deg. East 980 feet; thence South 75 deg. East 310 feet more or less to the West margin of the County Road on West bank of White River; (b) A strip of land 30 feet in width and 321 feet more or less in length, containing twenty-two hundredths (22/100) acres more or less, in the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described as follows: AGREEMENT PAGE1 7/19/10 The longitudinal center line of this strip commences at a point in center of present ditch 132 feet North of and 303 feet West of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M.; running thence South 70 deg. West 321 feet more or less to a point 15 feet north of the north margin of the Allan Clarke County Road. (c) A strip of land 30 feet in width and 100 feet more or less in length, containing seven hundredths (7/100) of an acre more or less in the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East, more particularly described as follows: The longitudinal center line of this strip commences at a point in center of present ditch 614 feet west of and 35 feet north of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., said point being 15 feet north of the north margin of a county road as now fenced, and runs thence west along said County road and 15 feet distant therefrom 100 feet more or less to the west line of property owned by James Sharkey and wife, a tract of land more particularly described as follows: Beginning at a point on Section tine between Sections 2 and 3, Township 22 North of Range 4 East W.M. 1357 feet more or less north of the southeast corner of said Section 3, said point being on the north boundary line of what is known as the Allan Clarke County Road; running thence west along said county road 710 feet more or less to the southeast corner of a tract of land owned, by Thomas Snyder; thence north along the east boundary line of said Snyder tract 1300 feet more or less to the southwest corner of a tract of land heretofore deeded by James Sharkey and wife to Fred and Walter Mess; thence east along the south boundary of said last mentioned tract to the west boundary of the county road on the west bank of White River; thence south and southerly along the west boundary of said county road to the northeast corner of a tract of land owned by King County; thence west 360 feet more or less to the northwest corner of said King County tract; thence south 100 feet more or less to the north boundary line of said Allan Clark County Road, thence west to the place of beginning containing 52.60 acres, more or less. PARCEL 3 ("Parcel C") A strip of land 30 feet in width and 974 feet more or less in length, containing sixty-seven hundredths (67/100) acres more or less in the North half of the Southeast quarter (N1/2 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described as follows: The longitudinal center line of this strip begins at a point 714 feet more or less west of and 35 feet north of the southeast corner of the. Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East, AGREEMENT PAGE2 7/19/10 said point being 15 feet north of the north margin of County Road as now fenced, and runs thence along said County Road and 15 feet distant therefrom 973 feet more or less, to.approximate foot of hill. PARCEL 4 ("Parcel D") A strip of land 30 feet wide and 58 feet more or less in length, containing four hundredths (4/100) acres more or less in the Northwest quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point 1705 feet west of and 25 feet south of the southeast corner of the Northeast corner of the Southeast corner (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 east, said point being on the south margin of what is known as the Allan Clarke County Road as now fenced, running thence North 39 deg. 45 min. East 58 feet more.or less to the north margin of said road. PARCEL 5 ("Parcels E-1 & E-2") Two strips of land as follows: (a) A strip of land 30 feet wide and 1260 feet more or less in length, containing eighty-seven hundredths (87/100) acres more or less in the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described a follows: The longitudinal center line of this strip commences at a point on south side of County Road at a point 1260 west of and 25 south of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M.; running thence South 39 deg. 45 min. West 875 feet; thence South 62 deg. 30 min West 385 feet. (b) A strip of land 30 feet wide and 510 feet more or less in length, containing twenty-one hundredths (21/100) acres more or less, in the Southwest quarter of the Southeast quarter (SW1./4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly The longitudinal center line of this strip commences at a point 7.6 feet East of and 510 North of the quarter section corner between Sections 3 and 10, Township 22 North, Range 4 East W.M; thence South 0 deg. 50 min. East 510 feet more or less to the south margin of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M. AGREEMENT PAGE3 7/19/10 PARCEL 6 ("Parcel H") A strip of land 30 feet wide and 52 feet more or less in length, containing four hundredths (4/100) acres more or less in the East half of the Southeast quarter (E1/2 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences in the center of present ditch on south side of present County Road, at a point 25 feet south of and 771 feet west of the northeast corner of the Southeast quarter of the Southeast quarter (SE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; running thence North 33 deg. 17 min. East 52 feet more or less to the North line of the Allan Clarke County Road. PARCEL 7 ("Parcel I") A strip of land 30 feet wide and 976 feet more or less in length, containing sixty-seven hundredths (67/100) acres more or less in the South half of the Southeast quarter (S1/2 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences in the center of present ditch on south side of present County Road, at a point 25 feet south of and 771 feet west of the northeast corner of the Southeast quarter of the Southeast quarter (SE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; running thence South 33 deg. 17 min. East 976 feet more or less to a point 15 feet west of the east boundary of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East. PARCEL 8 ("Parcel J") A strip of land 30 feet wide and 528 feet more or less in length, containing thirty-six hundredths (36/100) acres more or less in the Southwest quarter of the Southeast quarter (SW114 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point 15 west of and 528 more or less North of the.southeast corner of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; thence South 528 feet more or less to a point 15 west of the southeast corner of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3. 8 PARCEL 9 ("Parcel M") AGREEMENT PAGE 7/19/10 A strip of land 20 feet wide and 1348 feet more or less in length, containing sixty-two hundredths (62/100) acres more or less in the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3 and Lot 8 in Section 2, all in Township 22 North, of Range 4 East W.M., more particularly described as follows; The longitudinal center line of this strip commences at a point in the main ditch at a point 132 feet north of and 306 feet west of the southwest corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., running thence North 20 deg. 14 min. East 1348 feet more or less to the North boundary and 218 feet more or less East of the northwest corner of Lot 8, Section 2, Township 22 North, of Range 4 East. AGREEMENT PAGES 7/19/10 EXHIBIT B to Development Agreement Plans and Specifications AGREEMENT PAGE1 7/19/10 ACAD DWG.: M:\ACAD\PLATS\03\03102\WDFW\WDFW—SHEET —4.dwg FLU I I tU: WUr W—sntt I-1+.aWg LAUAMJ UI/II/ U! ZJ:DZ 0 100 200 400 (' I 'r SCALE: 1" = 200' CONNECT TEMPORARY !l; DISCHARGE ,PIPE TO % EXISTING 0LITFALL PliPE i II / F. M WETLAND 'J 1 A51N , REAABILITATT4' N ¢RM- -ENHANCEMEN-1' , I / / ' POSED FCO•D r / "2 <4' ,rr''•'; Al'ER: AREA /i" r CILITY PROTECTION:B-ARRI•EIIr I . V DIKE 'f0 -ELEV. 35 1 I - i r --- - t TEMPORARY JOHNSON CREEK DAN TO ISOLATE WORK AREA FROM PROPOSED t FLOW DURING CONSTRUCTION JOHNSON CREEK PROPOSED PUMP DISCHARGE PIPE SEE SHEETS 5A. 5B 8c 5C ' fl INSTALL SCREENED PUMP TO HANDLE TO EXISTING OUTFALL ANTICIPATED SUMMER FLOWS ✓` IN EXISTING JOHNSON DITCH -PROJECT: TUKWILA SOUTH PROJECT SHEET 4 LOCATION: CITY OF TUKWILA. KING COUNTY, VIA DATE: JANUARY 17. 2007 APPLICATION BY: LA PIANTA LLC ® O'GOLDSMITH PO BOX 88028 TEMPORARY I8c "ksSOCIATE-sg TUKWILA, WA 98138 JOHNSON CREEK "Q- a.w EnOO-IOnA Vr MoMY1O-9uiwMnB PUMP BYPASS WDFW—SHEET-5A.dwg PLOTTED: WDFW—SHEET-5A.dwg LADAMS U1111107 Z3:34 ACAD DWG.: M:\ACAD\PLATS\03\03102\WDFW\ W TLAND ' REt�ABILITAcTION F—MANCEMENT AREA �I �/ i 11301 PRO' DIKE 0 5U 100 200 300 SCALE I" = 100' l:: P P,� ».\'-. •..f., .',.N„Y+a �:4:i.^:-:�:�.•+ U'••.[t;w..f..�. h:a.<_.r ��J�,�.��.( 1• �`.1h :`^"'�nr.. ;.�'. e� ---------------- .;: _ CONTRO WEIR TYPICA —� — �SEE-SRT-3C—FO S. 204TH S:*L PROJECT: TUKWILA SOUTH PROJECT LOCATION: CITY OF TUKWILA. KING COUNTY, V/A DATE: JANUARY 17. 2007 APPLICATION BY: LA PIANTA LLC ® !GOLDSMITH PO Box 88028 I8k ASSOCtATESV TUKWILA. WA 98138 L 1, �/ SHEET 5A I JOHNSON CREEK RESTORATION PLAN TYPICAL CROSS SECTION B-B PROTECTION BARRIER DIKE JOHNSON CREEK WEIR BOULDER BURIED INTO BANK ON BOTH SIDES WEIR BOULDER DIAMETER ff TO 1S" STACK WEIR BOULDERS FIRMLY ON TOP OF FODUNDATION BOULDERS SET BACK 1/2 OF BOULDER DIAMETER FROM DOWNSTREAM FACE 6" _ssev'1lst LOI'd PLUNGE POOL i OOKW WAIM 1' ol CONTROL WEIR SECTION NTS IRY SPALLS STREAMBED MATERIAL QUARRY SPALLS FOUNDATION BOULDER DIAMETER 12" TO 18" q PROJECT: TUKWILA SOUTH PROJECT SHEET 5C LOCATION: CITY OF TUKWILA, KING COUNTY, WA g DATE: JANUARY 17, 2007 APPLICATION BY:LA PIANTA LLC ® nGOLDSMITH PO BOX 88028 JOHNSON CREEK p & ASSOCIATESa TUKWILA. WA 98138 WEIR DETAILS 0 a U Q Lo I i w x 0 w 0 J a LOG AND ANCHOR SPECIFICATIONS 1. ALL CONSTRUCTION SHOWN ON THESE PLANS SHALL CONFORM TO THE CONDITIONS OF THE APPROVED HPA PERMIT ISSUED BY THE WDFW. WHERE A DISCREPANCY EXISTS WITH THESE PLANS, THE HPA SHALL SUPERSEDE. 2. LOGS AND ROOTWADS USED FOR ENHANCEMENT PURPOSES SHALL CONSIST OF CEDAR, HEMLOCK, FIR, OR SPRUCE IN GOOD CONDITION, WITH MINIMAL EVIDENCE OF DECAY. 3. LWD COUNTS AND SIZE FOR EACH SITE: 4-8" DIA 8"-12" DIA 8"-12" DIA 12-24" DIA 12-24" DIA >6 FEET 10-15 FEET 10-15 FEET W/O 15-25 FEET 15-25 FEET W/ ROOTBAI i LOGS W/0 ROOTBALL JOHNSON 40 W/O ROOTBALL 60 W/ ROOTBALL 40 -ROOTBALL 40 20 GROCHA 20 20 20 20 20 4. ROOT WADS SHALL HAVE A RELATIVELY EVEN SPREAD OF ROOTS WITH A MINIMUM ROOTBALL DIAMETER OF FOUR (4) FEET. EXCESS DIRT SHALL BE SHAKEN OFF ROOT WADS PRIOR TO PLACEMENT IN THE CHANNEL 5. ALL LOGS SHALL BE PLACED BY EQUIPMENT OPERATING ON UPLANDS. 6. LOGS SHALL BE PLACED ALONG WATERS EDGE AT AND BELOW THE ORDINARY HIGH WATER MARK. EXACT LOG PLACEMENT AND GROUPING SIZE SHALL BE. FIELD ADJUSTED BY A BIOLOGIST REPRESENTING WDFW OR 'THE APPLICANT DURING PLACEMENT. 7. ALL LOGS SHALL BE ANCHORED. DUCKBILL ANCHORS (FORESIGHT PRODUCTS OR EQUIVALENT) OR LARGE ROCKS SHALL BE USED. DUCKBILL ANCHORS SHALL BE SELECTED TO HAVE A MINIMUM HOLDING POWER OF 2X THE BUOYANCY OF THE LOG OR GROUP OF LOGS. ANCHOR CABLE SHALL BE ATTACHED TO 3/8" HOT DIP GALVANIZED CHAIN (2650# MINIMUM STRENGTH). THE LOG SHALL BE SCORED, THE CHAIN WRAPPED TWICE AROUND THE LOG NEAR THE ROOTBALL AND PULLED TIGHT. SECURE CHAIN W/ HOT DIP GALVANIZED SHACKLE OR CHAIN LINK; PEEN THREADS TO PREVENT PIN FROM LOOSENING. ANCHOR DETAIL PLACE CHAIN NEAR ROOTWAD END IN SCORED GROOVE. WRAP CHAIN 2X AROUND LOG, FASTEN TIGHTLY WITH CONNECTING LINKS OR SHACKLES, AND RUN ENDS TO ANCHORS. , ADDITIONAL LOGS MAY BE ANCHORED TO ORIGINAL KEY PIECE WITH SIMILIAR ATTACHMENTS. rk-01GOILDSMITH p I & ASSOCIATESa 0 a i".le+okrew* a. a. eu ern.w,0-s., r+w a U a CHAIN ENDS TO ANCHOR(S). LOCATED UPSTREAM OF LOG PROJECT: TUKWILA SOUTH PROJECT SHEET 5D LOCATION: CITY OF TUKWILA. KING COUNTY, WA DATE: JANUARY 17, 2007 APPLICATION BY PO B x 88028 JOHNSON CREEK TUKWILA, WA 98136 I LARGE WOODY DEBRIS DETAILS ACAD DWG.: M:\ACAD\PLATS\O3\03102\WUFW\WUFW—SHEk I—bA.awg FLU ILU: WUrW—SHLLI—bA.OWg LAAUAM5 UI/11/U/ ZZ:J7, I\STORM WATER FACILITY / N /r i TESC MEASURES T 'U E rf COMPLETE CONT ...O _ ((l 1/FALL WATER WIT —.P O O S E D 6 0" P I I / NEW JOHNS' O CR T AL TO ,8 CONSTRUC D tTING T EXISTING EVE T'HE LOW SEASON ND 1f A PIPE W1T A --- D 1 FISH-P SSA FLO ATE ( _ _ PRO OSED JOHN$ON CREEK / SEE S . 10 LS. i 4 -,— --i DC 5 I.",0 R D TJ / APPROXIMATE MIT/ / 2 DISTURBANCE DUR r r , INSTALLATION F I LSJ /% I r 0 5, SEE SHEET 6B F R S S YO S. 1- CAL =50 PROJECT: TUKWILA SOUTH PROJECT SHEET C A LOCATION: CITY OF TUKWILA. KING COUNTY, WA DATE: JANUARY 17. 2007 APPLICATION BY: LA PIANTA LLC O !GOLDSMITH PO Box 88028 JOHNSON CREEK OUTFALL K Tip() St ASSO4C--L4TES9 TUKWILA, WA 98138 PLAN VIEW J — boa mau .,v.o-c a.aww DWG.: M:\ACAD\PLATS\03\03102\WDFW\WDFW-SHEET-6B.dwg PLOTTED: 40 30 20 10 0 40 30 20 10 0 FINISHED EXISTING r_oAnr r_DnIIKin LAUAMS UI/II/U( ZZ:II NEW JOHNSON CREEK OUTFALL TO BE CONSTRUCTED BY OPEN CUTTING THE EXISTING LEVEE DURING THE LOW FLOW SEASON AND INSTALLING A PIPE WITH A FISH -PASSAGE FRIENDLY FLOODGATE AT FI FV A ONES �Irr��lllt�0��11• �I�Illllll��t�t�' NE;147� �►%�:��I�'I2Yll�s►Y/�Y/�%�Y/.1,%17%�Y/?Yii.►�.%iY/.�/�lAi��■ VAVA �� 1�VAVAVA /_� /1VAVA%1VA�la� PROPOSED JOHNSON CREEK (SEE FIGURES 5A. 5B 8t 5C FOR DETAILS) \—PROPOSED CULVERT JOHNSON CREEK OUTFALL NEW JOHNSON CREEK OUTFALL TO BE CONSTRUCTED BY OPEN CUTTING THE EXISTING LEVEE DURING THE - LOW FLOW SEASON AND INSTALLING A PIPE WITH A FISH -PASSAGE EXISTING --1 FRIENDLY FLOODGATE AT ELEV. 8.6 RETURN LEVEE TO EXISTING ELEVATION UPON COMPLETION OF WORK ". !VL om A..A�rIc�IA\IA�wGvC.%.CA AIC.C�� JOHNSON CREEK OUTFALL CROSS SECTION 40 30 20 to 0 40 30 20 IO O 0 20 40 80 120 SCALE .I" = 40' . PROJECT: TUKWILA SOUTH PROJECT SHEET 613 LOCATION: CITY OF TUKWILA, KING COUNTY, -A'A DATE: JANUARY 17. 2007 O !GOLDSMITH APPLICATION BY: PO BOX 880LLC 28 8c ASSOCIATES9 TUKWILA. WA 98138 'O� `".,. t16,ow,aauo-�,eu..aw,are-sue�e JOHNSON CREEK OUTFALL CROSS- SECTION PROJECT: SOUTH PROJECT LOCATIONTCITYILA OF TUKWILA, KING COUNTY, WA SHEET 6C DATE: JANUARY 17, 2007 ® IGOLDSMITH APPLICATION BY: PO BOX 88028 In184 ASSOCIATESa TUKWILA, WA 98138 JOHNSON CREEK DETAILS EXHIBIT C to Agreement Quitclaim Deed Return Address Segale Properties LLC PO Box 88028 Tukwila, WA 98138 Attn: Jacek Pawlicki Document Title(s) (or transactions contained therein): 1. Quitclaim Deed Reference Number(s) of Documents assigned or released: N/A (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. DRAINAGE DISTRICT NUMBER TWO OF KING -COUNTY, WASHINGTON, a Washington municipal corporation 2. ❑ Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. SEGALE PROPERTIES LLC, a Washington limited liability company 2. ❑ Additional names on page _.of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) 0 Full legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number r AGREEMENT PAGE1 7/19/10 QUITCLAIM DEED Grantor, , a , for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid, receipt and sufficiency of which are acknowledged, quitclaims and conveys to , a , ("Grantee"), all of Grantor's right, title and interest to that certain real estate more particularly described in Schedule 1 (the "Condemned Property"), acquired pursuant to King County Superior Court Cause No. 47302, dated October 7, 1905, and recorded as Instrument No. in the records of King County, Washington, together with all after - acquired title of Grantor therein. DATED , 200_ DRAINAGE DISTRICT NUMBER TWO OF KING COUNTY, WASHINGTON, a Washington municipal corporation Name: Title: AGREEMENT PAGE2 7/19/10 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 1 to me known to be the person who signed as of DRAINAGE DISTRICT NUMBER TWO OF KING COUNTY, WASHINGTON, the corporation that executed the within and foregoing instrument, and acknowledged 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 was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute. said instrument and that the seal affixed; if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: AGREEMENT PAGE3 7/19/10 SCHEDULE 1 to Quitclaim Deed LEGAL DESCRIPTION PARCEL 1 ("Parcel A") A strip of land 40 feet wide and 85 feet more or less in length, containing eight hundredths (8/100) acres more or less in Lot 8 of Section 2, Township 22 North, Range 4 East W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point on west side of present traveled county road on west bank of White River in said Section 2; said point being 387 feet North and 918 feet more or less East of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., running thence South 75 deg. East 85 feet more or less to the east margin of County Road on west margin of White River. PARCEL 2 ("Parcel B-1, B-2 & B-3") Three strips of land described as follows: (a) A strip of land 40 feet wide and 1290 feet more or less in length, containing 1.19 acres more or less in Lot 8 of Section 2, Township 22 North, of Range 4 East; and in Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point in center of. present ditch 132 feet North of and 302 feet West of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; running thence and following the present ditch North 70 deg. East 980 feet; thence South 75 deg. East 310 feet more or less to the West margin of the County Road on West bank of White River; (b) A strip of land 30 feet in width and 321 feet more or less in length, containing twenty-two hundredths (22/100) acres more or less, in the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described as follows: AGREEMENT PAGE4 7/19/10 The longitudinal center line of this strip commences at a point in center of present ditch 132 feet North of and 303 feet West of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M.; running thence South 70 deg. West 321 feet more or less to a point 15 feet north of the north margin of the Allan Clarke County Road. (c) A strip of land 30 feet in width and 100 feet more or less in length, containing seven hundredths (7/100) of an acre more or less in the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East, more particularly described as follows: The longitudinal center line of this strip commences at a point in center of present ditch 614 feet west of and 35 feet north of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., said point being 15 feet north of the north margin of a county road as now fenced, and runs thence west along said County road and 15 feet distant therefrom 100 feet more or less to the west line of property owned by James Sharkey and wife, a tract of land more particularly described as follows: Beginning at a point on Section line between Sections 2 and 3, Township 22 North of Range 4 East W.M. 1357 feet more or less north of the southeast corner of said Section 3, said point being on the north boundary line of what is known as the Allan Clarke County Road; running thence west along said county road 710 feet more or.less to the southeast corner of a tract of land owned by Thomas Snyder; thence north along the east boundary line of said Snyder tract 130.0 feet more or less to the southwest corner of a tract of land heretofore deeded by James Sharkey and wife to Fred and Walter Mess; thence east along the south boundary of said last mentioned tract to the west boundary of the county road on the west bank of White River; thence south and southerly along the west boundary of said county road to the northeast corner of a tract of land owned by King County; thence west 360 feet more or less to the northwest corner of said King County tract; thence south 100 feet more or less to the north boundary line of said Allan Clark County Road, thence west to the place of beginning containing 52.60 acres, more or less. PARCEL 3 ("Parcel C") A strip of land 30 feet in width and 974 feet more or less in length, containing sixty-seven hundredths (67/100) acres more or less in the.North half of the Southeast quarter (N1/2 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described as follows: The longitudinal center line of this strip begins at a point 714 feet more or less west of and 35 feet north of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East, AGREEMENT PAGES 7/19/10 said point being 15 feet north of the north margin of County Road as now fenced, and runs thence along said County Road and 15 feet distant therefrom 973 feet more or less, to approximate foot of hill. PARCEL 4 ("Parcel D") A strip of land 30 feet wide and 58 feet more or less in length, containing four hundredths (4/100) acres more or less in the Northwest quarter of the Southeast quarter (NE114 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences at a .point 1705 feet west of and 25 feet south of the southeast corner of the Northeast corner of the Southeast corner (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 east, said point being on the south margin of what is known as the Allan Clarke County Road as now fenced, running thence North 39'deg. 45 min. East 58 feet more_or less to the north margin of said road. PARCEL 5 ("Parcels E-1 & E-21 Two strips of land as follows: (a) A strip of land 30 feet wide and 1260 feet more or less in length, containing eighty-seven hundredths (87/100) acres more or less in the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly described a follows: The longitudinal center line of this strip commences at a point on south side of County Road at a point 1260 west of and 25 south of the southeast corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M.; running thence South 39 deg. 45 min. West 875 feet; thence South 62 deg. 30 min West 385 feet. (b) A strip of land 30 feet wide and 510 feet more or less in length, containing twenty-one hundredths (21/100) acres more or less, in the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., more particularly The longitudinal center line of this strip commences at a point 7.6 feet East of and 510 North of the quarter section corner between Sections 3 and 10, Township 22 North, Range 4 East W.M; thence South 0 deg. 50 min. East 510 feet more or less to the south margin of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M. AGREEMENT PAGE6 7/19/10 PARCEL 6 ("Parcel H") A strip of land 30 feet wide and 52 feet more or less in length, containing four hundredths (4/100) acres more or less in the East half of the Southeast quarter (E1/2 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences in the center of present ditch on south side of present County Road, at a point 25 feet south of and 771 feet west of the northeast corner of the Southeast quarter of the Southeast quarter (SE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; running thence North 33 deg. 17 min. East 52 feet more or less to the North line of the Allan Clarke County Road. PARCEL 7 ("Parcel I") A strip of land 30 feet wide and 976 feet more or less in length, containing sixty-seven hundredths (67/100) acres more or less in the South half of the Southeast quarter (S1/2 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences in the center of present ditch on south side of present County Road, at a point 25 feet south of and 771 feet west of the northeast corner of the Southeast quarter of the Southeast quarter (SE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; running thence South 33 deg. 17 min. East 976 feet more or less to a point 15 feet west of the east boundary of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East. PARCEL 8 ("Parcel X) A strip of land 30 feet wide and 528 feet more or less in length, containing thirty-six hundredths (36/100) acres more or. less in the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East, W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point 15 west of and 528 more or less North of the southeast corner of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3, Township 22 North, Range 4 East; thence South 528 feet more or less to a point 15 west of the southeast corner of the Southwest quarter of the Southeast quarter (SW1/4 SE1/4) of Section 3. PARCEL 9 ("Parcel M") AGREEMENT PAGE 7 7/19/10 A strip of land 20 feet wide and 1348 feet more or less in length, containing sixty-two hundredths (62/100) acres more or less in the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3 and .Lot 8 in Section 2, all in Township 22 North, of Range 4 East W.M., more particularly described as follows: The longitudinal center line of this strip commences at a point in the main ditch at a point 132 feet north of and 306 feet west of the southwest corner of the Northeast quarter of the Southeast quarter (NE1/4 SE1/4) of Section 3, Township 22 North, Range 4 East W.M., running thence North 20 deg. 14 min. East 1348 feet more or less to the North boundary and 218 feet more or less East of the northwest corner of Lot 8, Section 2, Township 22 North, of Range 4 East. AGREEMENT PAGE 8 7/19/10 EXHIBIT D to Agreement District Parcel to be Divided AGREEMENT PAGE 1 7/19/10 Exhibit D Angle take 4Z) S 199M 5f 1) SeaTac West Fork Existing _ North Fork Kent la PiZgl ro s e d h North Fork , q a Q ti W t Fork Q VaAey Floor Community Park } _.......... ....... -- - y t w ;l JC) 2010 King County j 0 748R The Information. Included on this map has been axnpiled by Countystaff from a varfety of sources and is subject to change without nobar . iGng _ - County mikes noirepresenta6ons. or warratibes express or Al,knfed, as to accuracy; completehess, tmtelkiess: or rights_ to the use of such kdormatlon. This document Is not Intended forlise`es a survey produce IGng County shall not be liable for arty general speaal Ind red incidental, or consequantiat a e /► damegeitridudm0 but not hmiled lo: lost revenues or lost profits resulting from the use or misuse of the infonnahon contained on this map Arty sale of Kin COt In ihi5map or mtormatian on the map is l:rohibited except by written permissron at,Kmg Cainty.' ,g. Date::7/16R010 .:::' 3aorceaOng County WAR - Pro i " Information hN 'Jhiiww:metrox, . J/GWMAP