Loading...
HomeMy WebLinkAboutReg 2009-06-15 Item 6 - Public Hearing - Ordinance Annexing Tukwila South Project Property COUNCIL AGENDA SYNOPSIS y41Ly, a :47P-':,, q Initials ITEM NO. O' y Z ibfzzt Date Prepared by 11a,or� rzviz)v Conncrl r 4 06/08/09 LV 1 ..4, 1 1 6,,, a 06/15/09 1 LV 1 1 t z 9os I I —1 1" ITEM INFORMATION 1 CAS NUmber 09-076 ORIGINAL AGENDA DATE: JUNE 8, 2009 \(.I.:Nu.\ I'rl:M Trr'I,I An ordinance of the City Council of the City of Tukwila, Washington annexing approximately 259 acres of real property known as the "Tukwila South Project property" C.vi )RY Discussion Motion Resolution Ordinance Bid Award Public H n Other 6 lltg Date 06/08/09 lltg Date ?tits Date llt; Date 06/15/09 113 Date lltg Date 06/08/09 lltg Date 1SPONSOR Countii Mcgor Adrn Svcs DCD Finance Fire L.edal P &R Police PIV SPONSOR'S The Tukwila South Project includes annexing 259 acres into the City from King County. A SummARY public hearing is scheduled for June 8, 2009. Completion of the annexation is called for in the Tukwila South Development Agreement; it states that if the annexation is not completed by the end of 2009, the Development Agreement terminates. The Council is asked to open a public hearing and take any testimony on June 8, continue the hearing to June 15 and move the ordinance forward to June 15 for deliberations and action. RF\'II:WNI) By COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. I DATE: Tukwila South Project No Committee Review RECOMMENDATIONS: SPONSOR /ADMIN. Mayor recommends approval COMMIT COST IMPACT FUND SOURCE ExPI?NDITURI.1 RI-:QUIRI?I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 Continue Public Hearina to the June 15, 2009 Regular Meeting 06/15/09 1 I MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum date 06/08/09 Ordinance in draft form 06/15/09 Informational Memorandum dated 06/11/09 Owner's Petition for annexation Ordinance lit final form 1 City of Tukwila Jim Haggerton, Mayor 4. 29o- INFORMATIONAL MEMORANDUM TO: City Council Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: June 11, 2009 SUBJECT: Tukwila South Annexation ISSUE Receipt of Petition for Annexation (60% Petition) and response to Fire District #24 comments. DISCUSSION 1. The City received the signed Petition for Annexation from La Pianta LLC on June 10, 2009. It is an attachment to this Informational Memorandum. After taking any testimony offered at the continued public hearing on June 15, the Council may close the public hearing, deliberate on the proposal, and take action at its June 15 Regular Meeting. 2. Testimony from Fire District #24 representatives was received at the June 8 public hearing on the Tukwila South Annexation. In particular, a letter from Gierke, Curwen, Dynan Jones, PS was submitted on behalf of Fire District #24. It did not ask the Council to stop the annexation but asked the Council to be aware of the impact of the annexation on Fire District #24. Below are responses to the 11 points raised in the letter: 1. The City would require the applicant developing property on the west side of Orillia Road to install one or more fire hydrants, as needed, as part of the development permit approvals. City standards for new construction call for fire hydrants to be no more than 150' from a building, as measured by a direct line of vehicular access. If such a hydrant is cost prohibitive, automatic sprinklers may be used. 2. The portion of Orillia Road abutting the Tukwila South Annexation will be annexed. The City provides fire and EMS services within the City limits. The Tukwila Fire Department and the SeaTac Fire Department have mutual aid agreements and provide service within each other's jurisdiction when called by dispatchers. 3. The City is not involved, nor will it be involved, in Fire District #24's contractual arrangements with the City of SeaTac. 4. No comment. 5. These issues will be addressed by the City's normal emergency management processes. 6. As mentioned before, the Tukwila Fire Department and the SeaTac Fire Department currently have a mutual aid agreement and will continue to have this agreement. INFORMATIONAL MEMO Page 2 7. As needed, the Tukwila Fire Department will take steps necessary at the time to fight a fire. 8. Relocation of SeaTac fire department headquarters is not a City of Tukwila issue. 9. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 10. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 11. The Tukwila South Annexation applicant petitioned the City to annex its own land into the City of Tukwila. With the exception of a King County -owned storm pond and the Historical Society cemetery, the only property being annexed belongs to the property owner who requested the annexation. Other items which should be noted: The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204 Street, and east of 1 -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 which states: "Section 1. Within three weeks after the area described in Exhibit A (Tukwila South annexation area) becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A.13.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B (area between Orillia Road and 1 -5) to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later that sixty (60) days after adoption of the ordinance." (italics added) The City intends to annex the remaining portion of the Potential Annexation Area as noted above. The Environmental Impact Statement for the Tukwila South Project determined the necessity to relocate Tukwila's Fire Station 51 (Headquarters Station) to the vicinity of S 180 so that it would be more centrally located within its service area. The Tukwila South Project Development Agreement provides for donation by La Pianta LLC of up to three acres of land in area just south of S 180 Street along Southcenter Parkway for the relocated station. Construction funds will be raised through fire impact fees. W:\2009 Infohtemos\InfoMemo Annex FD#24 response 6- 15 -09.doc INFORMATIONAL MEMO Page 3 RECOMMENDATION Accept any testimony at the Tukwila South Annexation public hearing, close the hearing, deliberate on the annexation, and take action on the annexation ordinance at the Council's Regular Meeting on June 15. ATTACHMENTS Letter from Gierke, Curwen, Dynan Jones, PS (distributed at public hearing on June 8) Resolution 1561 Ordinance in final form W :\2009 InfoMemos\InfoMemo Annex FD#24 response 6- 15 -09.doc LAW OFFICES Gierke, Curwen, Dynan Jones, P.S. TACOMA OFFICE SEATTLE OFFICE 2102 NORTH PEARL STREET WELLS FARGO CENTER f d SUITE 400, BUILDING D 999 THIRD AVENUE TACOMA, WA 98406 -2550 SUITE 2525 T- 253 752 16001253- 383 -3761 SEATTLE, WA 98104 -4089 TOLL FREE: 877 797 -1600 TOLL FREE: 877 797 -1600 FACSIMILE: 253 -752 -1666 FACSIMILE: 253 752 -1666 BRADFORD M. GIERKE REPLY TO: TACOMA OFFICE (1937 -1995) GREGORY B. CURWEN 2 HUGO METZLER, JR. MARK J. DYNAN (1911 -1995) CLARENCE C. JONES, JR. June 8, 2009 MARK W. CONFORTI 5 7 ,3.8 1 ir Also admitted in the District R ELIZABETH C. THOMPSON x_ a g of Columbia ROBERT L. BOWMAN f r z Also admitted in Georgia CHRISTI C. GOELLER 3 Also admitted in Hawaii KIMBERLY J. COX "009 Also admitted in Illinois MATHEW D. MARINELLI 8 5 AIso admitted in Maryland 6 Also admitted in Oregon CITY OF TUKINILA Also admitted in Minnesota CITY CLERK 8 Also admitted in California Christy O'Flaherty, CMC Lisa Verner City Clerk Tukwila South Project Manager City of Tukwila City of Tukwila 6200 Southcenter Blvd. 6200 Southcenter Blvd. Tukwila, WA 98188 Tukwila, WA 98188 Re: Tukwila South Project Annexation (259 Acres) First Bonding Special District: King County Fire Protection District #24 Date of Hearing: 6/8/09 Our File No.: 09 -5675 Dear Clerk O'Flaherty, Ms. Verner, and Members of the Tukwila City Council: Our firm represents King County Fire Protection District #24 with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of Tukwila. As an involved special district operating pursuant to the provisions of RCW 52.14, the Fire District wishes to raise issues that would be impacted by Tukwila's annexation of substantially all of the Fire District. It does not appear from the City's Land Use File that the City of Tukwila ever sent a copy of their revised annexation plan to KCFPD #24, even though the District responded to Tukwila's first EIS Statement in 2005. The City's first version of the EIS did not include the Fire District's comments or remarks. The City of SeaTac is the only jurisdiction with statutory responsibility to provide continued and ongoing fire and EMS services to the District as a result of its incorporation of approximately 98 percent of the original Fire District's territory. That contract calls for all residual funds at the end of each budget year to go to the City of SeaTac to fund the District's proportionate cost of fire and EMS service within the Fire District. Because it still has taxing authority, the District pays for regular commissioner meetings as required by law for public access, county elections, liability insurance, potential legal expenses, required state audits, advertising, annual taxes, and budget meetings. This typically results in only a nominal residual left for the City of SeaTac. The Fire District is, however, contractually obligated to pay this sum to the City of 1() Lourvic, n oe io e9 v JL, L�►� Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 2 SeaTac. Following the proposed Tukwila South Annexation, the Fire District will have essentially the same costs but only 25 percent of the revenue that currently exists. The City and the annexing developer have requested that the Boundary Review Board remove an area including the proposed annexation area east of Orillia Road, a major arterial and natural boundary, as well as a residual area west of the arterial. This will produce fire and EMS service impacts. Those impacts will become even more acute when 74 percent of the revenue is removed from Fire District #24 for providing services to the remaining residential area on the steep hillside west of Orillia Road. The cost to provide the necessary infrastructure to contract for services from the City of SeaTac for this area will remain essentially the same. Furthermore, the topography of an even smaller island left due to the proposed developer- driven annexation creates unique circumstances which are exacerbated by the lack of fire hydrants on the west side of Orillia Road. The grades to some properties limit the type of fire equipment apparatus which may be deployed to a fire, and the lack of hydrants within standard distances further complicate fire operations. Additionally, the topographical issues create a greater than nonnal concern for fire and EMS response time, which has progressively gotten worse over the last few years. While these conditions currently exist, it will become even more difficult to fund the required minimal fire and EMS services and to correct some of the fire support deficiencies due to the significant reduction in levy capacity and the loss of reserves designed to accomplish these functions. The annexation will significantly draw down Fire District #24 assets, which were set aside for improving future response time and/or access to fire hydrants. It is the District's position that fire hydrants should be installed on the west side of Orillia Road to provide minimal acceptable service to the above properties, to reduce response time, to place water on a fire, and to prevent the shutting down of Orillia Road by extending hose supply lines from existing hydrants on the east side of Orillia Road. This will be particularly true for any fire department response coming from Tukwila Fire Services. The following are the specific concerns which KCFPD #24 wishes the City of Tukwila to address, which have not been otherwise addressed by the City's earlier materials and EIS on this annexation project: 1. Tukwila will ultimately receive a major portion of the District #24 reserve as a result of the transfer of a like portion of the District's assessed value. Will the City of Tukwila use those funds to provide two hydrants on the west side of Orillia Road, which will result in all properties being within 1000 feet of a fire hydrant, which is standard spacing in typical residential neighborhoods? 2. Currently, Orillia Road between the proposed annexation area and the remaining unincorporated area of District #24 is a heavily traveled and important commercial route between the airport and valley industry, and is located in the County. Will fire and EMS Services be assumed by Tukwila for this section of the arterial? If not, who Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 3 then will be responsible for emergency services, and the municipal liability for lack of timely fire and EMS services in this section? For any of the portion of KCFPD #24 covered by the proposed Tukwila South Annexation Project, will the Tukwila Fire Department provide a minimum of Class Three fire and EMS service following the annexation? 3. How will the City of Tukwila address the KCFPD #24's financial contractual obligation to the City of SeaTac for payment of services to SeaTac if Tukwila annexes 75 percent of the tax base? KCFPD #24 is contractually obligated to reimburse the City of SeaTac for certain fire and EMS services substantially west of the current annexation boundary. With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the City of SeaTac to fund the proportionate cost of fire and EMS service to this remaining portion of the District not impacted by the annexation. The reserve funds have been set aside for capital needs such as a small station, or the above mentioned fire hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. 4. Most of the District #24 expense fund is necessary to provide the legal infrastructure to operate the fire district. Even if Tukwila agrees to provide fire/EMS service, there would still be a need for the expense fund taxes at relatively the same amount to support the required minimal activity of the District to legally collect taxes and contract for fire/EMS service, and to protect the citizens' interest from potential litigation. Without adequate funding, KCFPD #24 would be unable to legally operate and to fulfill its legal obligation to assess and collect taxes with a three- person commission if substantially all of the tax revenue generated is removed to the City of Tukwila with no commensurate fire and EMS service available to certain District residents. 5. FEMA has suggested an increased flood plain. While this has not yet been resolved, some agencies in the region believe that the flood zone should be increased, commensurate with the formula used on the larger, east side of the Green River. The Corps of Engineers have stated various river levees, including some of those in the vicinity of this proposal, are weak; and last January the Corps of Engineers allowed additional flooding in the Pacific area as a result of a breach in an area adjacent to the Howard Hansen Dam. The Corps has not yet clarified when that will be repaired but has stated that until it is, there is likelihood that many areas, which have previously been protected by the river levees, may see flooding. As a result of these concerns, some jurisdictions have placed a moratorium on construction until these engineering decisions have been resolved. Has Tukwila considered the potential for interruption of fire and EMS services to the annexed and adjacent areas such as Orillia Road and Fire District #24 should failures of some sort occur in the horseshoe bend or adjacent areas under such a circumstance? The City also has potential interruption of service due to train activity from the south fire station at present. Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 4 6. Does the City of Tukwila have in place a pre existing agreement with the City of SeaTac to respond to the areas of District #24 within and outside the proposed annexation area? If so, has the City of Tukwila determined if the City's apparatus can navigate the steep, narrow drives leading to the homes west of Orillia Road located on the steep hillside, with some areas of restrictive points of departure? Will the City of Tukwila Fire Department be able to provide appropriate 4 minute EMS and 5 minute fire response times to that portion of KCFPD #24's current residents who are planned to be covered by the annexation area or who fall just outside of that area and are not otherwise adequately served by the City of SeaTac? 7. Has the City of Tukwila addressed the issue of emergency closure of Orillia Road to provide access to existing fire hydrants on South 200 Street when a residential fire occurs on the west side of Orillia Road? Has Tukwila considered the lack of adequate fire hydrants on the west side of Orillia Road and the current inability to provide emergency water support service for fire apparatus to the residents in that area? 8. The City of SeaTac is relocating their headquarters station to South 170 Street from the former 200 Street Station, which will become a satellite station with reduced equipment and manpower staffing. Response time into the District #24 area has already slowed significantly due to changes in fire and EMS dispatch operations over the years. The move of more resources to the 170 Street station may further diminish response times into the Orillia Corridor during most hours of the day. How will the City of Tukwila address this issue if SeaTac is unable to provide timely Class 3 or Class 4 response time for fire and EMS services to protect portions of Fire District #24? 9. The annexation of substantially 75 percent of KCFPD #24 by the City of Tukwila will exclusively benefit those on the floor of the valley to the detriment of those residents on the unincorporated hillside of the current KCFPD #24. Money paid in by those KCFPD #24 taxpayers to their reserve fund should directly benefit the area within which the District assessed and collected tax revenue; those funds should be dedicated to that portion of KCFPD #24 included in this proposed annexation. If the City does not intend to make this commitment, how does it intend to address the fact that the residents' tax revenue, legally assessed and collected by Fire District #24 and currently dedicated to the residents of the District #24 area, is going to be commingled with other City of Tukwila tax revenue without guaranteeing that the current Fire District #24 residents will receive a commensurate value in service from the City of Tukwila? 10. As you know, the area set to be annexed from KCFPD #24 to the City of Tukwila is essentially at the apex of a confluence of four separate municipalities: King County, the City of SeaTac, the City of Tukwila, and the City of Kent. The responsibility of the annexing municipality to provide critical fire and EMS service must be Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 5 recognized and assured, as well as the impact this annexation will have over those KCFPD #24 residents not currently envisioned in the annexation process that risk having essential fire and EMS services significantly impacted by an annexation that does not touch the other 24 percent of the Fire District's boundary area. The Legislature has, however, recognized the duty and the obligation of the annexing municipality to take these and other factors into consideration under RCW 35A.14.001. 11. It is important for the City of Tukwila not to lose sight of the fact that this is essentially a one corporate owner, one proponent annexation process, in which the City has taken the position that there are only two really interested parties, the City of Tukwila and La Pianta, LLC for the Tukwila South Development. The proposed annexation, however, does carry some degree of risk and a recognizable impact to both residents and constituents of KCFPD #24 who will be omitted from the annexation process. The net result of the proposed annexation to the remaining Fire District #24 residents in a small district without an adequate tax base and reserve fund will jeopardize the District's ability to pay SeaTac or Tukwila for fire and EMS services for residents in the former Fire District #24 area. It should be pointed out that this particular area sought to be annexed by the City of Tukwila was left out of the original SeaTac incorporation by the Boundary Review Board at the express request of the City of Tukwila. King County Fire Protection District #24 respectfully requests that the City of Tukwila address the issues outlined by KCFPD #24 with regard to this Petition for Annexation and not allow a major developer's financial interests to totally override the interests of those residents and constituents within Fire District #24 to be included in the annexation and those omitted from it. Very truly yours, L.,.2 RY B. CURWEN GBC:sw cc: Chief James Adsley, Ret. KCFPD #24 Investment Officer /Contract Administrator Chris Bauer, Commissioner, KCFPD #24 Alicia B. Pittinger, Commissioner, KCFPD #24 Violet Bauer, Commissioner, KCFPD #24 J� L q If J lsoe City of Tukwila Washington Resolution No. (7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in full; and WHEREAS, the City Council intends to authorize the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Planta annexation area lies within the Tukwila South Potential Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY C U OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this J /)11{' 171 h t day of A eA 2004. ATTEST /AUTHENTICATED: c2yL�1/ Hagg'e��'(%/I ouncil President Janc{. Cantu, CIVIC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: /1 .22 CAI 7 7 Passed by the City Council: .61. CAI Office of the City Attorney Resolution Number: Annexation Commitment 10/28/04 "EXHIBIT A" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON 'THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA, IN THE IMMEDIATE VICINITY OF THE SOUTH 188T STREET INTER- CHANGE; BOUNDED ON THE EAST BY THE WEST MARGIN OF ORILLIA SOUTH; BOUNDED ON THE SOUTH BY THE CENTERLINE OF SOUTH.204 STREET, EXTENDED WESTERLY TO ITS POINT OF INTERSECTION WITH THE EXISTING EASTERLY CITY LIMITS OF THE CITY OF SEATAC; AND BOUNDED ON THE WEST BY THE EXISTING EASTERLY "CITY LIMITS OF THE CITY OF SEATAC." L. "EXHIBIT B" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA RUNNING EASTERLY FROM THE VICINITY OF THE SOUTH 188 STREET INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; BOUNDED ON THE EAST BY THE GREEN RIVER; BOUNDED ON THE SOUTH BY THE NORTH IVIARGIN OF SOUTH 204 STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLIA ROAD SOUTH WITH THE CITY LIt7ITS OF THE CITY OF TUKWILA IN THE VICINITY OF THE SOUTH 188 STREET i liITJ r'L! 11 Mg 11 \LI..1 II i_ i\V11Y11`1VL.. I OWNER'S PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: THE UNDERSIGNED, being the OWNER of greater than sixty percent (60 in value of the real property described on EXHIBIT A and listed in EXHIBIT D attached hereto lying contiguous to the City of Tukwila, Washington, does hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is located within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. At its regular meeting on January 18, 2005, the Tukwila City Council voted unanimously to accept the previous 10% Request for Annexation, to authorize the circulation of this Petition for Annexation (60% Petition), subject to the following conditions: 1. All property within the territory hereby sought to be annexed shall be subject to all City zoning and land use requirements immediately upon annexation, and 2. All property within the territory hereby sought to be annexed shall bear its proportionate share of existing city indebtedness. A copy of the minutes of that meeting is attached as EXHIBIT C. WHEREFORE, the undersigned respectfully petitions the Honorable City Council of the City of Tukwila and asks and agrees as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for public hearing, causing notice to be published and posted specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and 2. That following such hearing and any other necessary approvals, the City Council deteiiiiine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be amended consistent with the City's Comprehensive Plan and ordinances and the Development Agreement dated June 10, 2009 between the undersigned and the City of Tukwila, and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Date: June 10, 2009 PROPERTY OWNER: LA PIANTA LLC, a Washington Limited Liability Company By Metro Land Development, Inc., a Washington corporation, its Manager By: AA. egale, P ident EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00 THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST 'A OF THE SOUTHWEST 'A AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE PONT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 1 A OF THE SOUTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE N_ ORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 1 /4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1/4 OF THE NORTHWEST 1 /4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST' OF THE NORTHWEST' THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST OF THE NORTHWEST' THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST 1 OF THE NORTHEAST 1 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE PONT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST 'A OF THE NORTHWEST 1 /4 OF SECTION 2 AND THE EAST OF THE NORTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 N SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1/4 OF THE NORTHEAST V4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST %4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF-WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST '/4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF-WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: 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. 258128; 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 00 °30'45" 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 89 °54'02" 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 00 °25'36" 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 89 °40'00" 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 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; 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 COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 1 /4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11'00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1 A; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLI_A ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT B SITE DEPICTION OF THE ANNEXED PROPERTY r' 11 B; all Bil_.Mallnlilitiglazar RN \\,2_ 1 1 N 1 .J1 miNn. I IN t rams 1 I Iff 1 r---.. N.,.4 n'n =kVA' 7.7.1;11111:1Maus i sun namm.. Vali IlitIlIiiml Imam =mill= ---.1 1 f I 911 III =RIME. AI 1 Lln minium x Rouen 1 ii ••••=1.8, 1 URI :mum- ...%11111 H "•jr". um nainn-lnowinLII H =ILI 1 I Bifiii :1 11 1 1 1L -Tgurpfal113,11P 2 !Mir: wan! II WI II. al ff WHITHIRINIIM =111111011111 Illifilr nninininn=.=imbi dm MIA Immr Imi j i I f:\..,... Mil IIIIIIIIIIIIMIIIMMIIMHH num ■•■or 1 L MIN41AR BI VD I L j 1 I In= unmungs am ill;; csiumunilirr.. IIIII inHalliffin I 1 1911111111111m L W i imm.1 El 1 WA- 111111111117- 4 1. slam= om i I Om IF en ---c ..,amm. =IIRS-Ripmnflin=1''''il III Rin lidianlaIIMIIIIMIllitlffiltin I= 1 1 .4- Mill nuinninwl zPannium i 1 I I 111111 Ihumninflinsing. 7. Minn x 0 nun mg, Limusimillz k11111 J 1 MID 474. w1.1 ZIAil lk NM B m mifiri; :M.. =gam 2 Mt/4 4 um= =hun yss402 El 1 zfr.:14. AI ill ir Ihnlin l• Wn. VII= ill r 0 do AM 4 "MUM ZMIII VA %WIWI 1 N. k4 Er air sammil Mi• or V% 3 1 1 i 1 s 18u sr 1- _II Ili f 1.._ s•• $f. Ma m r i. mg 11111Min gado 0 at am. a \L\ nn CC :2 unnumiz, it Om X 1 MI 22 Ai to& _a =mu. 1.= .......0. I r: i 1 1 .1.1C"= 4= 2= gill Z.... 136 a._. NM MI :Mtn in n raPA' nal: II ..g im nu Nu i NW 1 zrom; am Eta -Rell"les 1 4 s -I 17 II rja, 4 1 M ow spurn 0 II ir li MUM. a; 2 II E 1M "h3 pima =kap, aa =5 &Kinn E..=., MN Ma NM RIM T. 1111111 =EMIG MN EMI .1 WM OM li 1 bi italliM fin III Hums mmillEB ,i, I I 1 MR S 188 ST jr.----___, ti e 1 -FRP, i Oily.", 1 4, I t -441c L --ri 4... NMI 4b %Tit ..j000 1.-- i flat .1 •maiiiM 1 i WINIIIIMINEMMP,LIV L ;:;ge ..w,- 0-__ -sr 110. Vi --j„-....--":,/ .111 I i t f 1 1 i r r ANGLE LAKE 6/0_ '7-: ;=-T- :7:if- i 4 1 1 .....:-.-L 41 PROJECT I ./1 1 ri 1 r i 1 NW 4 4r.%- NJ' I ;=4-_- PERIpETER i V .-"..--77: X- g, f R,ral i 111M 0 .r f 1 m it t N p,7 6 y 4 0p■ 1 1 11wo.r ii& Af 0 f .01 T 1 I s Oil' al— 1. i I Ta-z: .....z-...-...= I N B -:7-- 1 0 j r i I/ ---,-Y LEGEND: i 7- --.17 7---;- .1 :-.7 I TUKWILA MUNICIPAL BOUNDARY _,,-=;a ..-__5:.......---.4;.- i AFTER LA PIANTA ANNEXATION -;-V -k7"f7 7 7 ---Z.-----...5,------•-•-ner tirr,T.,.,.... --.'.-P'- _Z efrr vs../ e EXISTING TUKWILA i KING COUNTY UNE I 6-,. A TO THE ry/ i 1 i 1 1 ,.a L___‘.■....„ I I N 1 ..1 H 0 1 1 II 7- TUKWILA SOUTH PROJECT TUKWILA SOUTH ANNEXATION AREA GOLDSMITH TUKWILA, KING COUNTY, WASHINGTON EXHIBIT C COPY OF THE MINUTES FROM THE TUKWILA CITY COUNCIL GENERAL HEARING HELD ON JANUARY 18, 2005 TUKWILA CITY COUNCIL MEETING Council Chambers City Hall January 18, 2005 7:00 p.m. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE: Pamela Linder, Mayor Pro Tem, called the Regular meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Councilmembers Joe Duffle, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes, Acting Police Chief; Steve Lancaster, Director, Community Development; Lisa Verner, Project Coordinator, Community Development; and Derek Speck, Economic Development Administrator. Steven M. Mullet, Mayor, was not present. SPECIAL PRESENTATION: Update Reaional Lona Ranoe Transit Plan Sound Transit Steve Lancaster, Director of Community Development, introduced Paul Matsuoka, Sound Transit's Chief Policy and Planning Process Officer. Mr. Matsuoka brought and presented two packages of information. One was reviewed with the Council and the other was left "for leisurely reading." Sound Transit will hold ten public hearings and present "Connecting the Region Preparing for the future Long Range Plan SEIS." At those meetings, Sound Transit staff will: 1. accept public comments on the Draft Sensitive Environmental Impact Statement, 2. provide information about their planning efforts to date, 3. review potential environmental impacts and benefits, and 4. review completed mass transit services and facilities, as well as future possibilities. Comments on the DSEIS will be taken at the public hearings, and in written form, through January 31, 2005. Mr. Matsuoka presented an historical overview of Sound Transit's planning process, beginning with the first environmental impact statement being completed (on the regional system) in 1993. Among other statistics and information provided, the Planning Process Officer noted Sound Transit's expectation that ridership numbers will increase by 1.2 million by the year 2030, as well as a 45% employment increase, both resulting in "all -day congestion." For those reasons, Sound Transit is asking what they can do to help manage the growth in terms of transportation needs. Alternatives and options evaluated by the DSEIS to help manage the growth (in terms of transportation) include Sound Move, WSDOT "Nickel" projects, Green Line Monorail project; Light rail extensions (in north, south and east directions), additional commuter buses and rail facilities, rapid transit buses and streetcars. City of Tukwila Page 2 of 5 City Council Regular Meeting Minutes January 18, 2005 Mr. Matsuoka called for comments and inquiries from Council. Of great interest was whether or not Sound Transit would be able to bring the alignment to Southcenter. Characterized as "curious," one Councilmember asked why the alignment could go to the SeaTac Airport, yet not Southcenter. Mr. Matsuoka reminded those present that the "Tukwila Freeway Route" is the official plan "on the books" with Sound Transit. Without any plans of deviation, this is the plan to be implemented. In the end, Mr. Matsuoka informed Council he would provide copies (hard copies and/or in CD format) of the Draft Environmental Impact Statement for their review as many reported not yet seeing it. CITIZEN COMMENT /CORRESPONDENCE; Claire Henson. 12414 Military Road South. Seattle (Boulevard Park). informed Council of the creation of Bree's Way, an organization which intends to create a "special needs" park for "special needs" people. Her daughter is one such person. Additionally, she noted Boulevard Park is considering annexation into the City of Tukwila. In doing so, she noted Boulevard Park would be a positive place to live, with a positive identity. A study group has been formulated to determine how to make the area a better place altogether. An informal survey shows 84% of those polled (total number not stated) would like a better identity. The same survey also showed 61% of those polled to be in favor of annexing into Tukwila. The group is actively seeking comments (written or verbal) from residents who are interested into annexing to a local, nearby City. Tukwila currently is the number -one choice. Ms. Henson spoke in favor of a Joint Tukwila City Council and Boulevard Study Group meeting. Amongst other community offerings, Boulevard Park boasts three elementary schools (one to close at the end of this school year, however). Carla Sumpter. 2214 South 118 Street, Boulevard Park, spoke of the need to annex Boulevard Park into a nearby City. She does not want to be incorporated into Burien. She shops in Tukwila, has served on a Tukwila jury and "identifies with Tukwila." Olanda Grope, 11534 28 Ave. SW, North Hiahline area, member of their area council, noted correspondence in 2004 from City of Tukwila officials regarding disinterest in annexation efforts. Just as time has gone by, Ms. Groge believes circumstances have changed which now merit reconsideration. Jim Haggerton, former Council President, noted his signature was attached to the referenced letter (by Ms. Groge). He also noted not being "terribly optimistic" that circumstances had changed to a degree where the Council would yet reconsider. Ms. Linder spoke of Tukwila nearly tripling in size within the past 15 years due to an annexation which "we're still in the process of dealing with." She noted a sense of community and infrastructure needs are foremost on everyone's minds. The Council President then asked Rhonda Berry, City Administrator, to contact King County for statistical figures and to follow up with Council. Anna Bernhard 14241 59th Ave. South, Tukwila, spoke in favor of allowing current Tukwila citizens the right to be heard (via a vote or some other means) on whether or not they want others to annex into the City. CONSENT AGENDA: a. Approval of minutes January 3, 2005 Regular meeting b. Approval of vouchers 313025 313313, in the amount of $1,040,047.08 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. City of Tukwila Page 3 of 5 City Council Regular Meeting Minutes January 18, 2005 UNFINISHED BUSINESS: a. An ordinance renewing a moratorium relative to transit oriented development (TOD) areas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY FENTON MOVED; ROBERTSON SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. ADOPTED ORDINANCE #2081 b. Authorize Mayor to sign a contract with Huckel! Weinman Associates tHWA). Inc.. in the amount of $39.072.01, for preparation of a supplemental Environmental Impact Statement and Planned Action Ordinance for the Tukwila Urban Center. FENTON MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH HUCKELL WEINMAN ASSOCIATES, INC., IN THE AMOUNT OF $39,072.01, FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND PLANNED ACTION ORDINANCE FOR THE TUKWILA URBAN CENTER. The motion carried 7 -0. NEW BUSINESS: Consideration of request to accept 10% Request for Annexation, received from La Pianta. LLC. Petitioner Mark A. Seaale. Vice President. Lisa Verner, Project Coordinator, provided background on the issue. She reported approximately one half of the Segale property is located within Tukwila's city limits, while the other one half is located within unincorporated King County. Proposed for annexation are approximately 250 acres. The City Council is being asked (by the applicant, LaPianta, LLC) to approve a 10% petition, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of some existing city indebtedness. Should Council accept the proposed annexation "as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries." Council received a copy of the Request for Annexation (Petition), a list of tax lots and a map of the designated area. Ms. Verner noted the City's Comprehensive Plan calls for a Master Plan and identifies a zoning designation of Tukwila Valley South (TVS) for this property. While a draft Tukwila South Master Plan has been submitted for staff review, Council will not see it until late 2005. Additionally, the Project Coordinator noted the property in question would be subject to a City- approved Development Agreement. Councilmember Robertson noted Council has not seen the mentioned Development Agreement in any format (draft or final). Additionally, Council has not yet seen an annexation plan or draft EIS. He spoke in favor of viewing all named documents prior to annexation. Ms. Verner reported all documents are works in progress and may be available as early as the end of February 2005. City of Tukwila Pag of e 4 5 City Council Regular Meeting Minutes January 18, 2005 City staff reported no time requirement exists to return a 60% petition. Moreover, it cannot be submitted until such time as staff has a final EIS and Development Agreement. Both sides must come to an agreement on the issues before the 60% Petition may be submitted. It was stressed that there is absolutely no commitment on the City's behalf if a petition is filed. Ms. Verner agreed to submit a proposed, written timeline of the forthcoming issues. Sue Carlson, on behalf of Petitioner La Pianta, LLC, called this a "complex, yet do -able process." She thanked the Council for their consideration of the petition. As part of her duties with La Planta, she has been working with King County to resolve many issues and noted, "annexation could take place as soon as 90 days after acceptance of the 60% petition," and action in connection with all paperwork the last piece of which will be a required ordinance. For the record, Councilmember Carter noted this area was designated as a Potential Annexation Area 10 years ago. Councilmembers Hernandez, Robertson and Mayor Pro Tem Linder all spoke favorably of the proposed annexation. HERNANDEZ MOVED; ROBERTSON SECONDED; TO ACCEPT THE 10% REQUEST AS SUBMITTED, AUTHORIZE CIRCULATION OF THE 60% PETITION FOR ANNEXATION, AND REQUIRE BOTH THE SIMULTANEOUS ADOPTION OF ZONING AND THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. The motion carried 7 -0. REPORTS: a. Mayor Mayor Mullet was absent. b. CounciL Councilmember Joe Duffle attended Alan Doerschel's retirement "Roast." Councilmember Joan Hernandez attended the January 13 Joint Planning Commission /City Council meeting and subsequent Equity and Diversity Commission meeting and the January 14 Southwest King County Chamber of Commerce luncheon. Ms. Hernandez reported the City of Tukwila would be divided into two separate /distinct legislative districts according to newly proposed (King County) redistricting maps. Mayor Pro Tem Pamela Linder attended a January 12 results -based workshop on accountability, facilitated by Mark Friedman. She also attended a Southwest King County Economic Development Initiative Executive Committee meeting the same day. On January 13, Ms. Linder attended the South King County Human Services Board meeting. Councilmember Pam Carter attended the January 11 Highway 99 Action Committee meeting and a Transportation Policy Board meeting on January 13. Ms. Carter also attended an Economic Forecast meeting on January 15 as well as a press conference conducted by the Association of Washington Cities (AWC) on the State of the Cities. Today, the Councilmember attended a SCATBd meeting. Councilmember Jim Haggerton attended Cascade Water Alliance's meeting of the Finance and Resources Joint Committees. Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. Councilmember David Fenton announced the first Utilities Committee meeting is January 19. c. City Administrator Rhonda Berry was absent. City of Tukwila Page 5 of 5 City Council Regular Meeting Minutes January 18, 2005 d. City Attorney Shelley Kerslake provided an update on Sound Transit issues and cautioned the Council to not discuss the Tukwila Freeway Route until further Court (of Appeals) decisions are made. Ms. Kerslake next informed the Council that the Woodside Apartment building owner /manager would likely receive notice on January 19 that due to non payment all electrical power (in general areas) is likely to be cut. The owner is currently $24,000.00 in arrears. Additional information will follow. i lative Analyst e. Legs y Lucy Lauterbach reminded Council of the January 21 and 22 City Council Retreat. ADJOURNMENT: 8:48 p.m. DUFFIE MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. 9 Pamela Linder, Mayor Pro Tem PV-that <YJ 1 Robert H. Baker, CMC, Deputy City Clerk Date minutes approved: March 7. 2005 EXHIBIT D TUKWILA SOUTH ANNEXATION AREA PARCEL LIST X O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 C 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M a CO N- LC) L0 O U) (3) O O 1� r N CO O N O O LO CO t` r 0 0 0 O 0 d CV O d• 0 0 O) r 1` CO d' r EA Ef3 r cr O d- O r O d• N d CO CO N Lc N c- 69 6 r 0 m N O En- r N- r 69- CO r CO CO 1- CO CO N CO 00 CO N- CO d' N- 69- CO 1- CO fO 69 0) CO 69- 10 r CO r CV c (f? N d" EA CO LC) 69- N 69 69- EH d' CO N 69- 69 10- r 69- 69- 69 64 EA Et} 10- co VI Q 22222222 222222222222222222222 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W d' d- -r d• d' d- d' d' d• d d• d- d' d- d' d' d• d• d' d' d• d' d' d' d• d' d• d• d' I L r r r r r r r r r r r r t r r t r r r r r e r r r r H co co co M N N N M r N CO CO N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1 1 1 r r r r r 1 1 1 1 r 1 1 1 1 1 r r r r 1 1 r 1 1 r 1 10 LO N N N LO N N N CO M R'S CO CO CO CO N CO CO CO CO CO N N M CO 06 0:5 N N N C 0 6 0 C C C C C C C C C C C C C C C C C C C C C C C C C c C 4= 0 C 0 7 7 C 7 C 7 C C 7 C C C C 7 C C 7 7 7 n C C 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c 00 a Y 0 0 0 0 U 0 U 0 0 0 0 U 0 0 U 0 0 0 0 0 0 0 0 U 0 Y 0 U 06 O) a) 0) 0) O) 0) 0) C3) to 0) C3) 0) 0) 0) 0) 0) 0) 0) 0) a) 0) 0) 0) 0) 0) 0.6 0) (7) C C 0c C C C C C C C C C C C C C C C cc 000c—cc j Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 Y 1— Y 0) 0 4-, d- 00 0) O r N CO LC) CO N- M O) O r N CO d" Ln CO N- CO 0) C) r d• r N Z N N N Cr) CO CO CO CO CO CO CO CO d' d• d d" d" d v d" v d CO LC) CO O r c- r Q r r r r r r r r r r r r r r r r r r r r r r r r N CO CO CO CO n CU CD (a a 1e as a_ as r N` CO CO CO N N CO (T CO (T CO V O CO CO r CO N CO N O CO N N O r O O N co 00 N 00 00 O) O O N LO 1 0') O CO CO CO 10 O "Cl LC) Cr) d• N CO 1� CO N r L O O 10 0 O O d' d' CO 0 CO 0 CO r N N V O) 0 N. CO r 00 r c- O C) 0 CO CO Q Q 0 N r N r r r CV d r d N O d• O O CO r r d N t\ N CO (O O 1- CO CO O r d r CO N- CO O ti r N- (V fr d' CO CO r LC) O N d d' d 6) N r CO M V O r CV r as CO LC) co O CO N C7 r 00 co O (O d r r r--- r r N C) N N O U> r d• O) CO LC) L 9 cr co- O (0 1` O N d- N CO LS N O N. d O r (O CO N CO r CO CO LO r 1` M a) i N r co co d N- CO r N 0 CO N CO r V V' N N- r CO O CO LC> r M N L() (A C Q r CO r N O) M 10 r CO CO r r CO CO LO N- r N O Q r w To O o w 1— (f) C O 00 r 1` O co (O CO CO LO CO N- N- CO N 0 CO 0 r LO N CO CO N CO c 0) N LC) 1` V r M d' M r O CO CO d' LC) V O LO _O O C D r r 0") O> CC) LC) M CO d• CO O O) O O) 6) 0 0) 6 O) O) (3) O O) a)) O) CA O (A (3) O) O O 0)) 6 0) O O) 0) 0)) 0 d' d• d• d• d• d• d d' d' d• d' d• d• d' d• O d• d• d' d d• d v d• d• v d- v d- 3 m O O O O 0 0 0 0 O 0 O 0 O 0 0 O 0 O 0 O 0 0 O CO O 0 O 0 O 0 CO M M CO N N N CO N CO CO N N N N 0) N N N N (V N N N N N N N N CO 10 LO 10 10 N N N C L j N CV CV CV LO LO N N CO CO N co CV CO M CO N N M(0 CO CO N CV N C M C CL M M M M O O O M O M M O O O O 0 O O O O O O O O O O O O O 0 0 N 0 U) O (ll 0 0 ((0 Q 3 1.J >,(0 L o J J J J J J J J J J J J J _I J J J J J J J J -J J J ''.7 O LI (O 00 CO CO C O CO CU CO (U CO CO CO (O (0 (0 (0 CO (0 CU (U (0 CU CO (U (0 CO CO N C C C C C C C C C C C- c C C C C C C C C C C C C C CO 0 O C W CO CO CO CO CO (U CO CO CO CO CO CO (0 CU CO CO CO CO CO CO CO (U (U 0 0 CO co O CO CU gED EE O. 0..0 0.0 0 00 .EEEEECL00 0 CQ cs)cr) (1) CI. J co -I -J CO CO co co J J J co J CO CO J CO CO J J .J CO J J F Y Y J C C I— J 7 CO A o 7 a Y. o 3 o as 1- --1 c 2 k O z k as 7 7. 7 o- D co e e6 S e 2 ui 07 4O S w u- 0 t 6 O 7 0 a u ƒ q 7 7 6 U) 7 g 2 U y 0 S 6t 0 2 b 2 0 O 6 7 0 4 0 o 7 7 2 ƒ 0 3 e L.1- 13- q� w c o 0 2 C Ug 4 0 �2 3 k g g 7 w U Q 4 0 .4 4 0 O 7 w �J� \N S N' iC; City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE TUKWILA SOUTH PROJECT PROPERTY PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the Iegislative body of the code city in writing of their intention to commence annexation proceedings and WHEREAS, La Pianta LLC is the sole owner of approximately 259 acres of real property known as the "Tukwila South Project Property and WHEREAS, on November 12, 2004, La Pianta LLC submitted a Request for Annexation "Request which was signed by owners of not less than 10% of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request, and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of 60% of the assessed valuation of property within the proposed annexation "Petition on the following conditions: (1) simultaneous adoption of zoning regulations, and (2) petition signers' consent to the assumption of the proposed annexation area's proportionate share of existing City indebtedness, if any; and WHEREAS, on June 8, 2009, during its regular meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues, and La Pianta LLC submitted its signed Petition; and WHEREAS, on June 8, 2009, the Tukwila City Council held a public hearing following publication of notice thereof as provided in RCW 35A.14.130, and that public hearing was continued to the June 15, 2009 Regular Meeting to accept additional public comments; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition, attached hereto and incorporated here by reference as Exhibit A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit B and depicted on the map in Exhibit C; W: \Word Processing Ordinances \Tukwila South Annexation.doc LV:ksn 06/09/2009 Page 1 of 2 with a full annexation parcel list shown in Exhibit D, which said exhibits are attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan, and Zoning Designations. The annexed property shall be subject to the Comprehensive Plan, Master Plan, Shoreline Master Plan map amendment to designate the property as Urban Environment and the Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted on June 8, 2009. B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding City indebtedness, if any, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the effective date of the annexation in Section 1 of this ordinance. Section 3. Preparation of Notice of Intent to Annex. The City Administrator, and /or her designee, is hereby authorized and directed to prepare and submit a Notice of Intention to Annex to the King County Boundary Review Board no later than 180 days after the effective date of this ordinance. The City Administrator, and /or her designee, is hereby authorized and directed to take such other steps with respect to said Notice of Intention or otherwise as deemed necessary to implement the annexation in Section 1 of this ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Certification of Ordinance to King County. Pursuant to RCW 35A.14.140, upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law, except that Sections 1 and 2 of this ordinance shall not be effective until the effective date of approval of the King County Boundary Review Board pursuant to Chapter 36.93 RCW. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A Petition Exhibit B Property Legal Description Exhibit C Map Exhibit D Annexation Parcel List W: \Word Processing\ Ordinances \Tukwila South Annexahon.doc LV:ksn 06/09/2009 Page 2 of 2