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HomeMy WebLinkAboutTIC 2017-10-24 Item 2E - Ordinance - Condemnation of 53rd Avenue South (South 137th - South 144th Street) PropertyCity of Tukwila Public Works Department — Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, Acting Public Works Director BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: October 20, 2017 SUBJECT: 53rd Ave South (S 137th St — S 144th St) Project No. 99110301 Ordinance for Condemnation of Real Property Allan Ekberg, Mayor ISSUE Approve Ordinance to acquire property through condemnation for the 53rd Ave South Project. BACKGROUND The 53rd Ave S Project will include constructing roadway, drainage, sidewalks, illumination, water and sewer upgrades, and undergrounding of overhead utilities between South 137th St and South 144th St. The final design is nearly complete and additional right-of-way (ROW) is needed in order to construct the proposed improvements. ANALYSIS Right-of-way is needed at various locations along 53rd Ave S to allow the placement of utilities, retaining walls, sidewalks and storm water treatment. To date, all but two of the 15 property owners have agreed to the City's terms. The two remaining properties include a private resident and the Tukwila School District, which owns five parcels that make up the majority of Foster Park. Negotiations will continue with these two property owners, but condemnation may be necessary if negotiations fail. The acquisition details are shown in the following table with approximate property square footage: Parcel No. lOwners ROW Required (SF) 167040-0037 !Tukwila School District 853 sf 167040-0115 !Tukwila School District 1,101 sf 000300-0011 :South Central SCH Dist. 406 1,251 sf 000300-0010 !South Central SCH Dist. 406 948 sf 000300-0010 !South Central SCH Dist. 406 1,652 sf 167040-0020 South Central SCH Dist. 406 40 sf 167040-0145 Mark Robbins 154 sf The attached draft Ordinance provides the authority to acquire the needed property. As with previous projects that have involved acquiring additional property, the City will do everything within its power to work cooperatively with the property owners. However, should the City not be successful in these efforts, condemnation of the property would be required. Letters have been mailed to the owners notifying them of this potential condemnation and the Council's schedule for ordinance approval. FISCAL IMPACT A final purchase price has not yet been determined, but funding is available through the 53rd Ave S Projects roadway and surface water projects. RECOMMENDATION Council is being asked to approve the Ordinance authorizing acquisition of needed property for the 53rd Ave S Project and consider this item at the November 13, 2017 Committee of the Whole and subsequent November 20, 2017 Regular Meeting. attachment: Ordinance with legal descriptions and map W:1PW Eng1PROJECTSW- RW & RS Projects153rd Ave S (99110301)4Design4ROW4Condemnadon\Info Memo Acquisition Ordinance.docx 25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE 53RD AVENUE SOUTH ROADWAY AND SURFACE WATER DRAINAGE SYSTEM PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 5, 2016, the City Council adopted the 2017-2022 Capital Improvement Program (CIP), by Resolution No. 1901; and WHEREAS, the City of Tukwila has approved Capital Improvement Projects titled "53rd Ave S (S 137th St — S 144th St)" and "53rd Ave S Surface Water Drainage System" (hereafter, the "Projects") that call for construction of roadway and surface water improvements including curb, gutter, sidewalk, utility undergrounding, surface water detention and water quality, and illumination; and WHEREAS, the existing roadway right-of-way width of 40 feet is not sufficient to allow for the required roadway and utility improvements; and WHEREAS, after several months of negotiation, the City and property owners were unable to reach an agreement for the required property; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that the Projects be undertaken at this time, and that in order to carry out the Projects it is necessary at this time for the City to acquire interests and rights to the property described herein; and W: Word ProcessinglOrdinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 1 of 3 26 WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The land and property rights within the City of Tukwila, King County, Washington, located along 53rd Ave S. between S. 139th St. and S. 142nd St. and further described in the attached Exhibits A through G, are necessary for construction of the 53rd Ave S. roadway and surface water projects described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. The City of Tukwila specifically finds construction of the Projects to be a public use, specifically the construction of widening of a portion of 53rd Ave S. to accommodate new sidewalks, wider lanes, curb ramps, storm drainage facilities, and utilities. The City Council specifically finds construction of the Projects to be necessary, and in the best interests of the citizens. Section 3. The cost and expense of acquiring said property rights shall be paid from the 103 Residential Streets and 412 Storm Water Funds of the City of Tukwila and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners, or as ordered by the Court. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 2 of 3 27 Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: Attachments: Exhibit A – Parcel No. 167040-0037: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit B – Parcel No. 167040-0115: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit C – Parcel No. 000300-0011: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit D – Parcel No. 000300-0010: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit E – Parcel No. 000300-0010: Take Legal Description and Map— Utility Easement Exhibit F – Parcel No. 167040-0020: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit G – Parcel No. 167040-0145: Take Legal Description and Map— Sidewalk and Utility Easement W: Word ProcessinglOrdinanceslAcquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 3 of 3 28 EXHIBIT I� PARCEL NO. 167040-0037 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL `A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 35' 18" WEST, 224.94 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 89° 03' 34" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01" 35' 18" EAST ALONG SAID PARALLEL LINE, 171.29 FEET; THENCE NORTH 88° 24' 42" WEST, 13.00 FEET TO A LINE THAT IS 15.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01" 35' 18" EAST ALONG SAID PARALLEL LINE, 31.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 13.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01" 35' 18" EAST ALONG SAID PARALLEL LINE, 22.65 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE SOUTH 88° 48' 30" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 853 SQUARE FEET, MORE OR LESS. PARCEL 'A": (PER TICOR TITLE COMPANY ORDER NO. 70064112, JANUARY 6, 2017) THE EAST 74 FEET OF THE NORTH 77.4 FEET OF LOT 4; LOT 9, EXCEPT THE SOUTH 70 FEET THEREOF; LOT 10; ALL IN BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDINGTO THE PLAT THEREOF RECORDED IN VOLUME11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. 0 16. 167040-0037 ESMT.DOCX Page 1 of 1 IPG It. CI,'\\. C:\rI IT 29 PROPERTY LINE SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. 2.00' 22.65' 13.00' SIDEWALK AND UTILITY EASEMENT AREA = 853 S.F.± TAX LOT NUMBER 167040-0037 N.T.S. 15.00' 13.00H POB � 20' -W)1071 — 2.00' EXISTING RIGHT OF WAY w co a S 140TH ST DATE: 07/20/2017 FILE: 16. 167040-0037 ESMT.DWG EXHIBIT PARCEL 167040-0037 SIDEWALK AND UTILITY EASEMENT iPQ 153901Ave Y Sean, WA 99109 p06; 265-1640 Ne114pg can 2502 Jefferson Ave Taocma, WA 98402 (253( 627 0720 30 EXHIBIT PARCEL NO. 167040-0115 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A'; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 'A'; SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 139TH STREET AND WESTERLY MARGIN OF 53R° AVENUE SOUTH; THENCE SOUTH 01° 35' 18" WEST ALONG SAID WESTERLY MARGIN, 147.47 FEET TO THE SOUTH LINE OF SAID PARCEL "A' THENCE NORTH 88° 40' 53" WEST ALONG SAID SOUTH LINE, 2.00 FEET; THENCE NORTH 01° 35' 18" EAST, 68.65 FEET; THENCE NORTH 88° 24' 42" WEST, 14.00 FEET; THENCE NORTH 01° 35' 18" EAST, 31.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 14.00 FEET; THENCE NORTH 01° 35' 18" EAST, 15.53 FEET; THENCE NORTH 88° 24' 42" WEST, 1.50 FEET; THENCE NORTH 01° 35' 18" EAST, 14.55 FEET; THENCE NORTH 45° 48' 28" WEST, 14.35 FEET; THENCE NORTH 88° 33' 21" WEST, 23.52 FEET; THENCE NORTH 01° 26' 39" EAST, 8.00 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTHERLY MARGIN, 37.60 FEET TO THE POINT OF BEGINNING; CONTAINING 1101 SQUARE FEET, MORE OR LESS. PARCEL "A":• (PER TICOR TITLE COMPANY ORDER NO. 70064113, DATED JANUARY 6, 2017) LOT 12, BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED INVOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. • oizL r�,• • 19. 167040-0115 ESMT.DOCX Page 1 of 1 KPG li\COMA• SIiATTLF. 31 EXISTING RIGHT OF WAY SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY 0 S 139TH ST EXISTING RIGHT OF WAY 8.00' S 88'33'21" E 37.60' _POB 20' 23.52 ROW SIDEWALK AND UTILITY EASEMENT AREA = 1101 S.F,± TAX LOT NUMBER 167040-0115 PROPERTY LINE 14.35' LO 1.0 a� 1.50' 15.53'" 14.00 CD 14.00 in co r� r� s it c� z 2.00'—' I EXISTING RIGHT OF WAY q_ EXISTING RIGHT OF WAY N.T.S. DATE:O7/28/2O17 FILE: 19. 167040--0115 ESMT.DWG EXHIBIT lak PARCEL 167040-0115 SIDEWALK AND UTILITY EASEMENT 750 91h Ave N Seale, WA 96109 I?WI2661640 room kpg cern 2502 Jellersa1 Ave Tacoma, WA 96402 (253) 6270720 32 EXHIBIT Cr PARCEL NO. 000300-0011 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, WM., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 535.99 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY MARGIN OF 53HD AVENUE SOUTH; THENCE NORTH 01" 03' 21" EAST ALONG SAID SOUTHERLY PROLONGATION, 20.00 FEET TO THE NORTHERLY MARGIN OF SOUTH 139TH STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 01" 03' 21" EAST ALONG SAID WESTERLY MARGIN, 229.84 FEET TO THE NORTHERLY LINE OF SAID PARCEL "A"; THENCE NORTH 88" 37' 51" WEST ALONG SAID NORTHERLY LINE, 5.00 FEET TO A LINE THAT IS 5.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE SOUTH 01' 03' 21" WEST ALONG SAID PARALLEL LINE, 223.84 FEET; THENCE NORTH 88° 33' 21" WEST, 17.00 FEET; THENCE SOUTH 01" 03' 21" WEST, 6.00 FEET TO SAID NORTHERLY MARGIN; THENCE SOUTH 88" 33' 21" EAST ALONG SAID NORTHERLY MARGIN, 22.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1251 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064118, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY HELD AVENUE (NOW SOUTH 138TH STREET), ON THE EAST BY 53RD AVENUE SOUTH, ON THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY SOUTH 139TH STREET. 20. 000300-0011 ESMT.DOCX N posioW•Worne,"%%%%%%%%%%%. 9,EL ............... Page 1 of 1 liC I \:c'\)\• Al 11.f 33 N.T.S. N POB 0 SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 138TH ST 5.00 TAX LOT NUMBER 000300-0011 SIDEWALK AND UTILITY EASEMENT AREA = 1251 S.F.t 0 CD 17.00' 22.00 S 88'33'21' E 535.99' SOUTH LINE STEPHEN FOSTER D.L.C. S 139TH ST DATE: 07/28/2017 z 1- X TP OB wl N 01'03'21" E U) w CL M EXISTING RIGHT OF WAY FILE: 20. 000300-0011 ESMT.DWG 7530hPat e A Sean' a,WA 95109 1206I 61 23 6.1610 WAV kct4 1.13111 2502 Jefferson Ave retom. WA 98402 12531027 0720 EXHIBIT PARCEL 000300--0011 SIDEWALK AND UTILITY EASEMENT 34 EXHIBIT PARCEL NO. 000300-0010 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET; THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO POINT "A" SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET TO POINT "B"; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 01° 03' 21" EAST, 47.12 FEET TO THE SOUTHERLY MARGIN OF SOUTH 137th STREET; THENCE SOUTH 88° 59' 41" WEST ALONG SAID SOUTHERLY MARGIN, 44.50 FEET; THENCE SOUTH 01° 00' 19" EAST, 7.00 FEET; THENCE NORTH 88° 59' 41" EAST, 28.24 FEET; THENCE SOUTH 01° 03' 21" WEST, 39.54 FEET; THENCE SOUTH 88° 56' 39" EAST, 16.00 FEET TO POINT "B". CONTAINING 948 SQUARE FEET, MORE OR LESS. 21. 000300-0010 ESMT.DOCX Page 1 of 2 .0M\• SL.\LI z.h 35 TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A"; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 03' 21" WEST, 135.32 FEET TO THE NORTHERLY MARGIN OF SOUTH 138TH STREET; THENCE NORTH 88° 3751" WEST ALONG SAID NORTHERLY MARGIN, 5.00 FEET; THENCE NORTH 01° 03' 21" EAST, 107.26 FEET; THENCE SOUTH 88° 56 39" EAST, 3.00 FEET; THENCE NORTH 01° 03' 21" EAST, 28,04 FEET; THENCE SOUTH 88° 56' 39" EAST, 2.00 FEET TO POINT 'A". CONTAINING 592 SQUARE FEET, MORE OR LESS. TOTAL EASEMENT AREA CONTAINING 1540 FEET MORE OR LESS. PARCEL "A'. (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, WM, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). 21. 000300-0010 ESMT.DOCX / Page 2 of 2 TACOMA' SEATTLE 36 N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT 0 44.50' S 137TH ST 7.00' WAY SIDEWALK AND UTILITY EASEMENT AREA = 948 S.F.± TAX LOT NUMBER 000300-0010 TOTAL SIDEWALK AND UTILITY EASEMENT AREA=1540 6.00 2.00' SIDEWALK AND UTILITY EASEMENT AREA = 592 S.F,± S 138TH ST 1 DATE: 07/31/2017 SOUTH LINE STEPHEN FOSTER D.L.C. W M N 88'56'39" 20,00' EXISTING RIGHT OF WAY I 20' ROW w 0 o z S 88'33'21" E 555.99' -� FILE: 21. 000300-0010 ESMT.OWG 1539th Are 11 2%2 Jeflersol Ave Seabfe, WA 88109 Tamura, WA 98402 �2W2B5•1640 (4531921-0120 wad log.mm EXHIBIT PARCEL 000300-0010 SIDEWALK AND UTILITY EASEMENT 37 EXHIBIT L. PARCEL NO. 000300-0010 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "N', DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88033' 21" EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01' 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET; THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY MARGIN OF 53R1) AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET; THENCE NORTH 88° 56' 39" WEST, 16.00 FEET; THENCE NORTH 01' 03' 21" EAST, 27.00 FEET; THENCE NORTH 88° 56' 39" WEST, 1.50 FEET; THENCE SOUTH 01° 03' 21" WEST, 9.30 FEET; THENCE SOUTH 72° 40' 26" WEST, 29.74 FEET; THENCE NORTH 88° 56' 39" WEST, 19.28 FEET; THENCE SOUTH 01' 03' 21" WEST, 25.00 FEET; THENCE SOUTH 88° 56' 39" EAST, 65.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1652 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). 21. 000300-0010 UESMT.DOCX Page 1 of 1 KPG L\CC'MA• SI 38 N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 137TH ST TAX LOT NUMBER 000300-0010 UTILITY EASEMENT AREA = 1652 S.F.± EXISTING RIGHT OF WAY 1.50 9.30' �4 a I 19.28' r 'N 0 cV S 138TH ST DATE: 07/31/2017 SOUTH LINE STEPHEN FOSTER D.L.C. 65.00TPOB co EXISTING RIGHT OF WAY N 88'56'39" 20.00' EXISTING RIGHT OF WAY c_ 20' ROW w • r'iO z S 88'33'21" E 555.99' FILE: 21. 000300-0010 UESMT.DWG 157 981 Ave N 2502 Je0eaon Ave Suite, WA 90109 Tacoma, WA 58402 (20632851640 X253)621.0120 wvwkpgcam EXHIBIT PARCEL 000300-0010 UTILITY EASEMENT 39 EXHIBIT F - PARCEL NO. 167040-0020 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A'; SAID CORNER BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01' 35' 18" WEST, 20.07 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88° 48' 30" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 20.07 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE SOUTH 88° 40' 53" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 40 SQUARE FEET, MORE OR LESS. PARCEL "A' (PER TICOR TITLE COMPANY ORDER NO. 70067532, MARCH 9, 2017) EAST HALF OF TRACT 2, EXCEPT THE WEST 55 FEET THEREOF, AND ALL OF TRACT 11, BLOCK 1, COLEGROVE'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KINGCOUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET OF THE NORTH 127.4 FEET OF TRACT 11. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, /?7/2.0i-i/- 17. z7/zoi' 17. 167040-0020 ESMT.DOCX Page 1 of 1 KPS IA( 'CM \ til:\I II.I 40 PROPERTY LINE TAX LOT NUMBER 167040-0020 SIDEWALK AND UTILITY oro EASEMENT AREA = 40 S.F.± f SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. POB 2.00' N.T.S. S 140TH ST PROPERTY LINE U) 2.00' EXISTING RIGHT OF WAY L EXISTING RIGHT OF WAY DATE: 07/27/2017 FILE: 17. 167040-0020 ESMTDWG EXHIBIT PARCEL 167040-0020 SIDEWALK AND UTILITY EASEMENT I PQ 753 9N Ave N Se311e, WA 09109 pC6) 266.1640 2502 Jefersoi Ave Tacoma, WA 68402 (253)627-0720 41 EXHIBIT G PARCEL NO. 167040-0145 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 140TH STREET AND EASTERLY MARGIN OF 53R0 AVENUE SOUTH; THENCE SOUTH 01* 35' 18" WEST ALONG SAID EASTERLY MARGIN, 25.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 5.00 FEET TO A LINE THAT IS 5.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY MARGIN; THENCE NORTH 010 35' 18" EAST ALONG SAID PARALLEL LINE, 17.76 FEET TO A NON TANGENT CURVE TO THE RIGHT TO WHICH A RADIAL LINE BEARS NORTH 50° 20' 45" WEST, 22.89 FEET; THENCE ALONG SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 12.55 FEET TO SAID SOUTHERLY MARGIN; THENCE ALONG SAID SOUTHERLY MARGIN NORTH 88" 44' 34" WEST, 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 154 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER T1COR TITLE COMPANY ORDER NO. 70064114, DATED JANUARY 4, 2017) THE WEST 100 FEET OF LOT 3, BLOCK 2, COLEGROVE'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 61.2 FEET THEREOF; AND EXCEPT THE NORTH 20 FEET THEREOF FOR SOUTH 140TH STREET. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 30. 167040-0145 ESMT.DOCX Page 1of1 TACOMA• SEATTLE 42 SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. 20' ROW S 140TH ST S 88'44'34" E N.T.S. EXISTING RIGHT OF WAY I N POB15.00' R=22.89', L=12.55' tO SIDEWALK AND UTILITY EASEMENT = 154 S.F.± TAX LOT NUMBER 167040-0145 5.00 5.00' DATE: 03/08/2017 FILE: 30. 167040-0145 ESMT.DWG X PQ 7530hAye N SealVe, WA 98109 (2061 286-1640 xaekpgcam 2502 Jeflerccn Ave Tampa, WA 98402 (253( 622-0220 EXHIBIT PARCEL 167040-0145 SIDEWALK AND UTILITY EASEMENT 43