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HomeMy WebLinkAboutFIN 2024-10-28 Item 1C - Development Agreement - Vietnamese Martyrs ParishTO: FROM: CC: DATE: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Finance and Governance Committee Brandon Miles, Director, Government Affairs and Strategic Initiatives Thomas McLeod October 21, 2024 SUBJECT: Vietnamese Martyr's Church Development Agreement ISSUE Review of a development agreement for the Vietnamese Martyr's Church, located at 6841 South 180' Street to install a sculpture that exceeds the height standard in the underlying zoning. BACKGROUND Revised Code of Washington 367.70B.170 (RCW) and Tukwila Municipal Code (TMC) 18.86 allows the City to enter into development agreements with property owners for real property under their control. With a development agreement, the City can provide flexibility to zoning standards, such as height, bulk, setbacks, parking, etc. A development agreement is often used as complex or unique projects that do not fit easily within the adopted zoning and development standards of a jurisdiction. The Vietnamese Martyr's Church, located in the Southcenter District of the City, has been working to complete a significant construction project that includes the construction of new cathedral structure on the property. As part of the project the Church received permission and was issued a permit to install a sculpture on the property. The sculpture is a replica of a holy shrine in the La Vang region of Vietnam. The permit application that was initially submitted to the City was for a 45 foot tall shrine, the allowed maximum height in the Tukwila Urban Center - Workplace zoning designation. Yet, during construction the sculpture was built and installed at just over 55 feet tall, taller than what is permitted in the zone. To remedy the height issue, the City suggested and the applicant applies for a development agreement. The proposed development agreement will allow just the sculpture to extend to a maximum height of 56 feet, 11 feet taller than what is permitted in the underlying zoning. Note, the development agreement does not apply nor modify the development standards for the main church building or other buildings on the site. DISCUSSION The development agreement addresses the height exception needed to address the height deviation for the sculpture. Without the development agreement, the sculpture would have to be removed or lowered to meet the City's height standard. Since a development agreement is a contract, the City is required to receive a public benefit in exchange for the benefit granted to the property owner. The public benefit is proportional to the development and what is being requested. The property owner and staff have agreed on the following public benefit for the project: 1. When identifying the Sculpture's location, it shall be referred to as being in "Tukwila," the "City of Tukwila," or "Southcenter District." No reference to another city shall be made in referencing the Sculpture's location. 53 INFORMATIONAL MEMO Page 2 2. Owner shall grant the City a non -revocable license to use the sculpture's image and likeness in any digital, printing, video, or other medium to highlight or promote the City for tourism, economic development, and other marketing purposes. RECOMMENDATION Staff recommends that the City Council approve the development agreement and authorize the Mayor to execute. A public hearing is required and has been scheduled for the Regular Meeting on November 4, 2024. The City Council could take action on the development agreement following the public hearing. ATTACHMENTS 1. Draft Ordinance, with development agreement. 54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT O CHAPTER 18.86 OF THE TUKWILA MUNICIPAL COD PPROVING AND AUTHORIZING THE PROPOSED VIE AMtSE MARTYRS PARISH SCULPTURE DEVELOPMENT AGREEMENT FOR KING COUNTY TAX PARCEL NUMBER 3623049087 WITH THE ARCHDIOCESE OF SEATTLE, A NONPROFIT CORPORATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Revised Code of Washington (RCW) 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter and persons having ownershi standards to govern and vest WHEREAS, the Development Agreement for description of which are attache 6 authorize development agreements between the City control of real property in order to establish development lopment, use and mitigation of real properties; and nd the Archdiocese of Seattle wish to enter into a County tax parcel number 3623049087, a map and ereto as included in Exhibit A; and WHEREAS, pursuant to d wila Municipal Code Section 18.86.050, a public hearing was conducted on the 4th day of November 2024 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to this ordinance, approves this Development Agreement as proposed and authorizes execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Vietnamese Martyrs Parish Development Agreement by and between the City of Tukwila and the Archdiocese of Seattle, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. 2024 Legislation: Vietnamese Martyrs Parish Sculpture Development Agreement Version 10/21/2024 Staff: B. Miles Page 1 of 2 55 Section 2. 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. Section 3. 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 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and ke in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITYWILA, WASHINGTON, at a Regular Meeting thereof this day of ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk ^ Wthomas McLeod, Mayor , 2024. APPROVED AS TO FORM BYE — Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attor "' Ordinance Number: Exhibit A: Development Agreement 2024 Legislation: Vietnamese Martyrs Parish Sculpture Development Agreement Version 10/21/2024 Staff: B. Miles 56 Page 2 of 2 VIETNAMESE MARTYRS PARISH SCULPTURE DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of , 2024 ("Effective Date"), by and between the City of Tukwila ("City"), a Washington municipal corporation, and the Archdiocese of Seattle ("Owner"), a 501(c)(3) non-profit organization, pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila Municipal Code, and in consideration of the mutual benefits to be derived. The City and Owner are referred to collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, RCW 36.70B.170, et seq. and TMC Ch. 18.86 authorize development agreements between the City and persons having ownership or co ► of of real property in order to establish development standards to govern and vest the devel ' ent, use and mitigation of real properties; and WHEREAS, the site of this development is o ' e propert the Vietnamese Martyrs Parish, located in the southern portion the Tukwil. san -nter (T , between South 180th Street and the Green River; and WHEREAS, the proposed developm to 56 feet in height (the "Sculpture"); and WHEREAS, this site lies wide range of distribution, wa with incremental infill by office r the truction of a decorative sculpture up Workplace District, which is comprised of "a strial, 'big box' retail, and furniture outlets, entary commercial uses." WHEREAS, u t e Tukw oning Code, the maximum structure height within the TUC Workplace Di (4 feet; and WHEREAS, the stu . a replica of a banyan tree that is a holy shrine for the Catholic Church in the La Vang regi r ietnam; and WHEREAS, this Sculpture will enhance the aesthetic appeal of the Vietnamese Martyrs Parish, as well as the surrounding neighborhood, and serve as a valuable landmark for visitors to the area. AGREEMENT PURSUANT TO RCW 36.70B.170 through 36.70B.210 and in consideration of, and subject to, the mutual promises, benefits, and obligations set forth herein, the City and Owner enter into the following Development Agreement and agree to be bound by its terms. Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Page 1 of 11 57 Section 2. Project Description. This development involves the construction of a Sculpture up to 56 feet in height on the property of the Vietnamese Martyrs Parish, located at 6841 South 180th Street, Tukwila, Washington ("Property"). The Property is located within the TUC and is described in Exhibit A (legal description) and depicted in Exhibit B (site map). Section 3. Statement of Authority and Intent. This Development Agreement is entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended and designed to vest this development to certain terms and conditions. Other than those terms and conditions specifically identified in this Agreement, the City's regulatory codes in effect at the time of a complete building permit application are accepted by the City and shall apply. Section 4. Development Standards; Conditions. 4.1 Effective Period of this Agreement. This Develop ent Agreement shall be valid until July 1, 2025. If Owner has not submitted, and the City has accepted, a complete building permit application and building permits have not been comple e r the development by that date, this Development Agreement shall be void and developmen ay r on the subject site pursuant to the then -adopted development regulations. Owner s comple required inspections for the building permit as required by the City. 4.2 A . . lication of Develo . ment Stan . .. ' CW 36.70B.180(3)(d) and TMC 18.86.030 authorize the establishment of d • stand. by a development agreement. More specifically, TMC 18.86.030 provides that, • - - • e greement may allow development standards different from those otherwise imp • d - Tukwila Municipal Code in order to provide flexibility to achieve public ts, re d to changing community needs, or encourage modifications that provide the ctio equ lent or adequately achieve the purposes of otherwise applicable City st. rds. ereto and during the Effective Period, the provisions of this Section 4 set e deve spment standards that differ from or supplement those standards set fo development regulations. Accordingly, the following development standarovern and vest the development and use of the Project in lieu of any confli . ' or dif nt standards or requirements elsewhere in the Governing Regulations. 4.3 Additional Bu . ing Height. The maximum building height for the Sculpture shall be 56 feet. The remainder of the Property is limited in height by the zoning code in effect at the time of a complete building permit application. This increase in building height is consistent with the goals of the Comprehensive Plan and the City's vision of the TUC. 4.4 Public Benefit. In exchange for the increase in height as outlined in Section 4.3, Owner shall provide the following benefits to the City: 1. When identifying the Sculpture's location, it shall be referred to as being in "Tukwila," the "City of Tukwila," or "Southcenter District." No reference to another city shall be made in referencing the Sculpture's location. 2. Owner shall grant the City a non -revocable license to use the sculpture's image and likeness in any digital, printing, video, or other medium to highlight or promote the City for tourism, economic development, and other marketing purposes. Page 2 of 11 58 Section 5. Major and Minor Amendment — Development Agreement. All proposed amendments to the Development Agreement shall be considered in accordance with this Section 5. 5.1 Process. The Mayor may approve Minor Amendments to the Development Agreement proposed by the City or Owner and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be incorporated into this Development Agreement as an amendment. The City Council may approve Major Amendments to the Development Agreement in accordance with the same process for approval of the Development Agreement. A Major Amendment to the Development Agreement approved by the City Council, and mutually agreed to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereof. 5.2 Minor Amendment Defined. A proposed ame ' dment to the Development Agreement shall be considered a minor amendment if the prop • amendment does not modify the Governing Regulations or Section 4 (Development Sta . Conditions) hereof, does not materially modify the size or scope of the development, a t modify the Vesting Period or term of this Development Agreement. 5.3 Major Amendment Defined. A Agreement shall be considered a Major Amendm constitute a Minor Amendment. amendment to the Development the proposed amendment does not 5.4 Determination. An application a endment shall be made to the Mayor. The application shall describe the r - d Amendment in sufficient detail such that the Mayor can determine whether not pro ► , al qualifies as a Minor Amendment. If the application does not provide su ent ' the Mayor may request additional information from the Owner or reject the a.ph. . Upon ceipt of sufficient information to determine if the proposal set forth in the . n titutes a Minor Amendment, the Mayor shall determine if the proposal constit a Mino me . ent. In the event that the Mayor determines that the proposed amendmen a Minor endment, the Minor Amendment may be administratively approved by the Mayor. the e t that the Mayor determines that the proposal constitutes a Major Amendment, the 0 11 submit the proposal in accordance with the same process for approval of a Development reement, withdraw its proposed amendment, or modify and re- submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 6. Further Discretionary Actions. Owner acknowledges that the Development Agreement contemplates the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEP A. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Governing Regulations and the development standards and conditions set forth in Section 4 hereof Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the effective date of this Page 3 of 11 59 Development Agreement may be increased by the City from time to time, and the new fees applied to subsequent permits and approvals for the Property. Section 8. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. Section 9. Termination. This Development Agreement shall expire and/or terminate on the earlier of the termination/expiration provisions set forth as follows: 9.1 This Development Agreement shall terminate upon the expiration of the Effective Period identified in Section 4 hereof. 9.2 Upon termination of this Development Agreeme such termination in a form satisfactory to the City Attorney t been terminated. Section 10. Assi ' nment and Assum s tion or transfer this Development Agreement with all it firm or corporation at any time during the term of thi Owner may sell, assign, or transfer this D interests therein to any firm or corporation provide the City with written notice of any in Subject Property, at least 30 days in ce Section 11. Covena covenants set forth in this Deve run with the land and th Owner, and every pu thereof, shall be obli and shall be the benefi such portion thereof, sold, shall observe and fully per e City shall record a notice of e Development Agreement has er shall not a the right to sell, assign and interests therein to any person, opment Agreement provided that the Bement with all its rights, title, and s a majority interest. Owner shall ign, or transfer all or a portion of the the Land• Recordin The conditions and Agr -nt and incorporated herein by the Exhibits shall burdens shall bind and inure to the benefit of the Parties. ransferee of an interest in the Property, or any portion by t e terms and conditions of this Development Agreement, nd a party thereto, but only with respect to the Property, or or transferred to it. Any such purchaser, assignee or transferee all of the duties and obligations of a Owner contained in this Development Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. Section 12. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent of all of the Parties, provided that any such amendment shall follow the process established for Major and Minor Amendments as set forth in this Development Agreement. Section 13. Releases. Owner, and any subsequent owner, may be released from further obligations relating to the sold, assigned, or transferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Page 4 of 11 60 Section 14. No Third -Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Development Agreement. Section 15. Interpretation. The Parties intend this Development Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170, et seq., and this Development Agreement shall be construed to exclude from its scope and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. This Development Agreement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Development Agreement. Section 16. Notices. All communications, notices, an under this Development Agreement requires or desires to giv and either (i) emailed, (ii) delivered personally, (iii) s additional copy mailed first class, or (iv) deposited in t return receipt requested, and addressed as follows: y .S. mai 1, c mands of any kind that a Party other Party shall be in writing imile transmission with an ied mail postage prepaid, City of Tukwila: - d iocese of Seattle Attention: Mayor's Office City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 [INSERT email address] And to its Attorney: Attention: Kari San Ogden Murphy Walla 701 Fifth Avenue, Suite Seattle, WA 98104-7045 ksand@omwlaw.com [INSERT] And to its Attorney: [INSERT — if applicable] The Parties may, from time -to -time, notify each other in writing of changes in the names and addresses of persons to receive notices and communications and such changes shall become effective upon receipt by the non -notifying Party. Notices shall be deemed received within three days after being placed in the United States Mail, properly addressed and postage prepaid, or upon personal delivery. Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of this Development Agreement, and notwithstanding anything to the contrary in this Development Agreement, neither Party shall be in default in the performance or the failure of performance of its obligations under this Development Agreement, or in the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, Page 5 of 11 61 quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as the Party seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of Owner, Owner's inability to finance the construction of the development, and Owner's inability to lease the Improvements, are not causes beyond the reasonable control or without the fault of Owner) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Pa ' claiming the extension. An extension of time for the duration of such event will be dee ► granted if notice by the Party claiming such extension is sent to the other as to any of the a ► ' uses other than Permit Delays, within 10 days from the commencement of the cause and , ext on of time is not rejected in writing by the other Party within 10 days of receipt oft- otice (such -nsion of time is referred to herein as "Force Majeure"). Times for perform. - und. this Dev- opment Agreement may also be extended in writing by the City and Owner 1 c ► . nce with Section 11 herein. Section 18. Indemnification. Ex this Development Agreement and any Exhibi and hold harmless the other Party an. -ir of and against any and all claims, ac ' s, ts, li nature whatsoever, which are c. -d by , result own officers, agents, and em Agreement. In the event t against a Party, the Pa the other Party at the against the other Pa specifically provided elsewhere in rty shall protect, defend, indemnify agen , and employees, or any of them, from lity, loss, costs, expenses, and damages of any m any negligent act or omission of the Party's ing services pursuant to this Development ased upon such a claim, action, loss, or damage is brought action or omissions gave rise to the claim shall defend rty sole cost and expense; and if final judgment be rendered ers, agents, and employees or jointly the Parties and their respective officers, agent , d - . oyees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same; . ided that, in the event of concurrent negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing Party. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party, or successor or assign of Owner, to challenge this Development Agreement or any provision herein, the City may elect to Page 6 of 11 62 tender the defense of such lawsuit or individual claims in the lawsuit to Owner and/or successor(s) or assign(s). In such event, Owner and/or such successor(s) or assign(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including, but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Owner and/or such successor(s) or assign(s) shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 21. Severability. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either Party in good faith determines that such provision or provisions are material to its entering int is Development Agreement, that Party may elect to terminate this Development Agreement all of its obligations remaining unperformed. Section 22. Authority. Each Party respecti power and authority, and is duly authorized, to e terms and conditions herein stated, and to deli Development Agreement. represent warrants that it has the s Develo ment Agreement on the perform its obligations under this aed. Each Exhibit attached hereto or Section 23. Exhibits and Appendic • s referenced is incorporated herein by i refer Section 24. Headin reference only and shall not be conditions of this Develo Section 25. Agreement and of e Agreement, the reference weekend or legal holiday i s if ly set forth herein. his Development Agreement are inserted for and, limit or otherwise modify the terms and ence. Time is of the essence of this Development hereof. Unless otherwise set forth in this Development shall mean calendar days. If any time for action occurs on a State of Washington, then the time period shall be extended automatically to the next business day. Section 26. Entire Agreement. This Development Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Development Agreement supersedes all previous agreements, oral or written. [SIGNATURE BLOCKS FOLLOW ON NEXT PAGE] Page 7 of 11 63 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. ARCHDIOCESE OF SEATTLE By: Its: Date: CITY OF TUKWILA By: Thomas McLeod Mayor Date: Attest: un, City Clerk D AS TO FORM: Kari Sand, City Attorney 64 Page 8 of 11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of the ARCHDIOCESE OF SEATTLE, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have sat' before me, and said perso authorized to execute TUKWILA, to be th the instrument. DATED: Printed: NOTARY PUBLIC in a - • r Washington Residing at: My appointment - . Tres: at Thomas McLeod is the person who appeared ed that he signed this instrument, on oath stated that he was d acknowledged it as the Mayor of the CITY OF tary . ct of such party for the uses and purposes mentioned in Printed: NOTARY PUBLIC in and for Washington Residing at: My appointment expires: Page 9 of 11 65 66 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PORTION OF SW QTR NW QTR STR 36-23-04 DAF: BEGINNING AT NW CORNER OF SEC 36 TH S01-19-01W ALONG W LINE THEREOF 1355.89 FT TH ELY ALONG CURVE TO LEFT CENTER OF WHICH BEARS NO2-45-45E HAVING RADIUS OF 336.00 FT ARC DISTANCE OF 9.00 FT TO S LINE OF N 36 FT OF GOVT LOT 4 IN SAID SEC 36 TH S88- 46-19E ALONG SAID S LINE 372.61 FT TH S01-13-41W 305.00 FT TH N88-46-19W 50.00 FT TO TPOB TH S88-46-41E ALONG LINE 100 FT SOUTH OF & PARALLEL TO S LINE OF PARCEL LEASED TO SPERRY LAND CORP AS SURVEYED & MONUMENTED ON THE GROUND IN 1968 DISTANCE OF 420.58 FT MORE OR LESS TO TOP OF LEFT BANK OF GREEN RIVER TH ALONG SAID TOP OF LEFT BANK THE FOLLOWING COURSES & DISTANCES: S07-00E 115 FT S01-06W 104 FT S09-12W 106 T S26-49W 102 FT S47-21W 103 FT S60-15W 40 FT S74-35W 60 FT WEST 106 FT N67-30 07 FT N26-19W 104 FT N20- 22W 103 FT N21-54W 105 FT N32-38W 116 FT N44-04W MORE OR LESS TO POINT FROM WHICH TPOB BEARS N69-38-41E TH LEAV SA OP OF LEFT BANK N69- 38-41E 225 FT MORE OR LESS TO TPOB POR TA ‹e'' Page 10 of 11 67 EXHIBIT B DEPICTION OF THE PROPERTY 11'f 1'111111111 Rct ' I P BRODERICK ARCHITECTS 55 5. ATLANTIC STREET, SUM MI SEATTLE, WASHINGTON 95134 205.58.2.3933 CHURCH OFTHEVIETNAMESE MARTYRS OUR LADY OF LAVANG SHRINE 1,1341 S. 1 34:1TH STREET • TUKW ILA. WA 991 t319 Page 11 of 11 68