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HomeMy WebLinkAboutO-2685 - Amends Ord. 2655, condemnation and acquisition of property (Repealed by 2966) (3)•••;. CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.z.i:,8.S CC:~I ~p~ fJIc res <1. :~:~ AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING ORDINANCE NO.2655 TO INCREASE THE PORTION OF STATE AVENUE TO BE IMPROVED TO ENCOMPASS THE AREA FROM APPROXIMATELY 116TH STREET NE TO APPROXIMATELY 152""STREET NE, AND ADDING LAND AND PROPERTY AUTHORIZED TO BE CONDEMNED,APPROPRIATED,TAKEN AND DAMAGED WHEREAS,the City Council of the City of Marysville (hereinafter the "City") finds as follows: I. Public safety, convenience, use and necessity demand the widening of State Avenue to five lanes from approximately 116'h Street NE to approximately 136'h Street NE, together with construction of curbs,gutters and sidewalks and expansion of detention pond capacity, to meet the requirements of increased traffic. 2.By Ordinance No.2655 passed by the City Council on July 24, 2006,the City Council approved the condemnation,appropriation,taking and damaging of lands, rights, privileges and other property for the purpose of widening State Avenue from two to five lanes and constructing curbs, gutters and sidewalks, from approximately 136'h Street NE to approximately 152nd Street NE. 3.The improvement of State Avenue from 116mStreet NE to 136mStreet NE can most efficiently and cost-effectively be accomplished by constructing said improvements with the 136mStreet NE to 15200 Street NE improvements as a single project. 4. The City has conducted engineering studies and has determined that increasing the scope of the project will require acquiring property for the street widening as more specifically described in EXillBIT B attached hereto and incorporated herein by this reference. 5. The City has conducted engineering studies and has determined that the widening of State Avenue will increase storm water,requiring increased detention pond capacity that can best be met by expanding the City's detention pond located on 128mStreet NE west of the Burlington Northern Santa Fe Railroad spur, which expansion will require acquisition of a portion of Snohomish County tax parcel 300504-003-002-00 described in EXHIBIT C attached hereto and incorporated herein by this reference. 6. The entire cost of the acquisitions provided by this ordinance shall be paid by the following funds of the City: Fund No.305 (GMA-Street) or such other funds as may be provided by law. Ics/mvfstatelVIORD2655.amend2.doc 1 ------------_._- 7. The City may be unable to agree with certain property owners upon the compensation to be paid for said properties. 8. The City has authority pursuant to RCW Chapter 8.12 to acquire, if necessary, title to real property for public purposes. The widening and improvement of State Avenue is a public purpose. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON,DO ORDAIN AS FOLLOWS: 1.EXHIBIT A of Ordinance No. 2655 is hereby amended to add the properties described in EXHIBIT B and EXHIBIT C attached hereto and incorporated herein by this reference to the real property that the City is authorized to condemn, appropriate, take and damage in conjunction with the widening of State Avenue. 2. The use of the property described in EXHIBIT B is for widening State Avenue to five lanes and constructing curbs, gutters and sidewalks, from approximately I16 th Street NE to approximately 152 00 Street NE, which is a permanent public use and is reasonably necessary for the purposes for which it is sought. 3. The use of the property described in EXHIBIT C is for increasing detention pond capacity to accommodate increased storm water generated by the widening of State Avenue, which is a permanent public use and is reasonably necessary for the purposes for which it is sought. 4 All lands, rights, privileges and other property lying within the limits of the land described in EXHIBITS Band C are authorized to be condemned, appropriated, taken and damaged for the purpose of widening State Avenue to five lanes, and constructing curbs, gutters and sidewalks, from approximately 116 th Street NE to approximately 152 00 Street NE, and enlarging the City's existing storm water detention facility. All lands, rights, privileges and other properties are to be taken, damaged and appropriated only after just compensation has been made, or paid into the court for the owners thereof in the manner provided by law. 5. The cost of the acquisition provided for by this ordinance shall be paid by the following funds of the City: Fund No. 305 (GMA-Street) or such other funds as may be provided by law. 6. The City's attorneys should be and hereby are authorized and directed to begin and prosecute the actions and proceedings in a manner provided by law to carry out the provisions of this ordinance, and to enter into settlements to mitigate damages. les/mvIstatelVIORD2655.amcnd2.doc 2 r--------------- " PASSED by the City Council and APPROVED by the Mayor this .p...tJ,day of February,2007. CITY OF MARYSVILLE ByLL~ DENNIS L.KENDALL,Mayor ATTEST: BYCliJ~d&~un:«cc:Def,Ay Clerk. Approved as to form: By ~/(.w. GRANT K.WEED, City Attor ey Date of Publication:2 -j '-f -t?-, Effective Date (S days after publication):;2-11-11] Ics/mv/sUltcIVfORD265S.nmcnd2.doc 3 ·. EXmBITB R-O-W LEGAL DESCRIPTIONS " 1812Cornwall Avenue Bellingham,WA98225 Phone360-671-7387 A Fax360-671-4685 www.psesurvey.com Paclnc Surveying &Eng/n..ring "EXHIBIT A" RIGHT OF WAY FROM PARCEL 30050400301200 Thewest 13.00feet of the following described parcel: Partofthe southeast quarterof the southwest quarterof Section 4.Township 30 North, Range 5 East,W.M. in Snohomish County,Washington,described as follows: Commencing at a pointonthe eastlineof the southeast quarterof the southwest quarter,which is 349.5feet southofthe northeast cornerthereof;thence from saidpointof beginning run south onthe eastlineof said subdivision a distance of 419.5feet;thence west 1,224feet,moreor less,to the east lineof the County Road (Pacific Highway);thence northerly along the eastline of saidroad353feet, moreor less,to a point 388.5feet southerly from the pointof intersection of the eastline of said road withthe northline of the south halfof the southwest quarterof said section;thence easterly in a straight lineto the Pointof Beginning; EXCEPTING therefromthe followings: A. That portion of said premises lying easterly of the westerly rightof way lineof the Northern PacificRailway Company. B. Tract Conveyed to H.C.Stineke by Deed filedfor record underSnohomish County Recording Number433619,particularly described as follows: Commencing atthe intersection of the southlineof the north halfof the southwest quarterof said Section 4,Township 30 North,Range 5 East,W.M.in Snohomish County,Washington and the east boundary lineof the Pacific Highway;thencesoutheasterly along the east boundary lineof the Pacific Highway,a distance of 388.5feet to the TruePointof Beginning;thence continuing southeasterly along the east boundary of the Pacific Highway a distance of 10 rods; thence easterly and parallel withthe northlineof land owned bythe grantors to the westerly boundary lineof the Northern PacificRailroad rightof way;thence northeasterly along the said boundary lineof the Northern Pacific Railroad right-of-way to thenorthlineof land owned bythe grantors;thencewesterly along the northlineof land owned bythe grantorsto the True Pointof Beginning; C. That portion of said premises lyingsouthof the tract conveyed to H.C.Stineke bydeed filedfor record underRecording Number433619 particularly described in Exception B above and north linethatis parallel with and 100feet south ofthe southlineof said Stineke Tract,in Snohomish County,Washington. SURVEYORS NOTE: Thecenterlineof State Avenue is based on the Rightof Way plans tilled State Avenue,116th St NEto 136 th St NE,dated Dec.22,2006. ---------------- .. PSE Paclflc Surveying &Engineering "EXHIBIT A" 1812Cornwall Avenue Bellingham,WA98225 Phone 360-671-7387 A Fax 360-671-4685 www.psesurvey.eom RIGHT OF WAY FROM PARCEL 30050400301400 The west 13.00 feet,of the following described parcel: Beginning at a point where the north line of the north 10 acres of the south 18 acres of that portion of the southeast quarter of the southwest quarter of Section 4,Township 30 North, Range 5 East, W.M., lying east of Highway 99 intersects the east right of way line of Highway 99;thence east 380 feet, more or less, to the west right of way line of the Northern Pacific Railway;thence southerly along the west right of way line of the Northern Pacific Railway 136 feet;thence west 372 feet, more or less, to the east right of way line of Highway 99 to a point 136 feet southerly from the Point of Beginning;thence northerly along the east right of way line of Highway 99 to the Point of Beginning. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116 th St NE to 136 th St NE, dated Dec. 22, 2006. ,. J PSE Paclnc Surllflylrr"&EngIneering "EXHIBIT A" 1812 Cornwall Avenue Bellingham, WA 98225 Phone 360·671·7387 A Fax 360·671·4685 www.psesurvey.eem RIGHT OFWAY FROM PARCEL 30050900201500 The west 13.00 feet, of the following described parcel: All that portion of the southeast quarter of the northwest quarter of Section 9, Township 30 North, Range 5 East, W. M., in Snohomish County,Washington,described as follows: Beginning at a point on the east line of State Road No.1, which point is also on the northwest corner of a tract of land conveyed by Mary Bisson to Anna Pickel by deed recorded April 20, 1926 in Volume 230 of Deeds on Page 305,under Recording Number 377947,records of said County;thence southerly, along the east line of State Road No.1, a distance of 115 1/2 feet, more of less, to a point 1,185.4 feet northerly measured along the easterly line of State Road No.1, from the south line of said southeast quarter of the northwest quarter;thence northeasterly a distance of 504 3/4 feet, more or less, to a point on the north line of said Anna Pickel tract;thence west along the north line of said tract a distance of 521 1/3 feet, more or less, to a Point of Beginning. All situate in the County of Snohomish,State of Washington. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116 th St NE to 136 th St NE, dated Dec. 22, 2006. ------------- ,. PSE Pacific Surveying &Engineering "EXHIBIT A" 1812Cornwall Avenue Bellingham,WA 98225 Phone360-671-7387 A Fax360-671-4685 www.psesurvey.com RIGHT OF WAY FROM PARCEL 300509002000800 The west 13.00 feet, of the following described parcel: All that portion of the northeast quarter of the northwest quarter of Section 9, Township 30 North, Range 5 East, W.M. in Snohomish County,Washington,described as follows: Beginning at the northeast corner of the northwest quarter of Section 9;thence south 1073.1 feet to the True Point of Beginning;thence south 291.4 feet, more of less, to the northeast corner of tract conveyed to Mary Bisson;thence west parallel to east and west center line of said section for 752.3 feet to the east line of Pacific Highway;thence northwesterly along east line of Pacific Highway to a point west of the True Point of Beginning;thence east 813.4 feet, more or less, to the True Point Beginning; EXCEPT the south 117 feet thereof as measured along the east line thereof. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116 th St NE to 136 th St NE, dated Dec. 22, 2006. ,. PSE Pacific Surveying &EngIneering "EXHIBIT A" 1812 Cornwall Avenue Bellingham,WA98225 PHONE360.671·7387 A FAX36fJ.671-4685 WWWPSESIIRYEYCOM RIGHT OF WAY FROM PARCEL 30050900204500 The west 11.00 feet,of the following described parcel: All that portion of the following described property lying westerly of the Northern Pacific Railway Company right-of-way: That portion of the northeast quarter of the northwest quarter of Section 9, Township 30 North, Range 5 East, W.M. in Snohomish County,Washington,described as follows: Beginning at a point on the east boundary line of said northeast quarter of the northwest quarter 376 feet south of the northeast corner thereof;thence west to the east boundary line of Pacific Highway; thence southwesterly along said east boundary line of said highway 324.7 feet;thence east to boundary line of said northwest quarter; thence north along said east boundary line 311.6 feet, more or less, to the Point of Beginning. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116 th St NE to 136 lh St NE, dated Dec. 22, 2006. ·. PSE Paclne Surveying &Engineering "EXHIBIT A" 1812Cornwall Avenue Bellingham,WA98225 Phone360·671·7387A Fax360.671.4685 www.psesurvey.com RIGHTOFWAY FROM PARCEL 30050900200200 The west 13.00 feet, of the following described parcel: All that portion of the following described property, lying westerly of the northern Pacific Railway right of way: Commencing at the northeast corner of the northwest quarter of Section 9, Township 30 North, Range 5 East, W.M. in Snohomish County,Washington and; running thence south along the east line of said northwest quarter for 4 rods;thence west and parallel with the north line of said Section 9, to the above-mentioned County Road;thence in a northerly direction along the east line of said County Road as the same was established and located on the 15 th day of November, 1912, to a point where the said east line of said road intersects the north line of said Section 9; thence east to the Point of beginning. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116 lh St NE to 136 lh St NE, dated Dec. 22, 2006. RIGHT OF WAY FROM PARCEL 30050400301600 1812Cornwall Avenue Bellingham,WA98225 Phone360-671-7387 A Fax 360-671-4685 www.psesurvey.com "EXHIBIT A" PSE Pacific Surveying &Engineering SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116 th St NE to 136 th St NE, dated Dec. 22, 2006. The west 13.00 feet, of the following described parcel: The south 8 acres of that portion of the southeast quarter of the southwest quarter of Section 4, Township 30 North, Range 5 East, W.M. in Snohomish County, Washington, lying east of the county road running through said 40 acres, as the same was established and located on the 15th day of November, 1912, being a part of the southeast quarter of the southwest quarter of Section 4, Township 30 North, Range 5 East,WM.in Snohomish County,Washington. ,. ·. PSE Paclnc Survoylng &Engineering "EXHIBIT A" 1812Cornwall Avenue Bellingham,WA98225 Phone360-671-7387 A Fax360-671-4685 www.psesurvey.com RIGHT OF WAY FROM PARCEL 30050400301300 The west 13.00 feet,of the following described parcel: The west 190 feet of the north 10 acres of the south 18 acres of that portion of the southeast quarter of the southwest quarter of Section 4,Township 30 North, Range 5 East, W.M. in Snohomish County,Washington,lying east ofthe east line of Highway 99 as conveyed to the County of Snohomish by Deed recorded under Recording Number 190433 in Volume 151 of Deeds, page 84, as measured along the north line of said north 10 acres and parallel to the east line of highway 99; EXCEPT any portion lying within the following described tract; Beginning at a point where the north line of the north 10 acres of the south 18 acres of that portion of the southeast quarter of the southwest quarter of Section 4,Township 30 North, Range 5 East, W.M. in Snohomish County,Washington,lying east of Highway 99 intersects the east right of way line of Highway 99; thence east 380 feet, more or less, to the west right of way line of the Northern Pacific Railway;thence southerly along the west right of way line of the Northern Pacific Railway 136 feet;thence west 372 feet, more or less, to the east right of way line of Highway 99 to a point 136 feet southerly from the Point of Beginning;thence northerly along the east right of way line of Highway 99 to the Point of Beginning. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue,116th St NE to 136 1h St NE,dated Dec. 22, 2006. /-~·()7. RIGHT OFWAY FROM PARCEL 30050400301100 The west 13.00feet, of the followingdescribedparcel: 1812Cornwall Avenue Bellingham,WA98225 Phone360-671-7387 A Fax 360-671-4685 www.psesurvey.eom --------~ "EXHIBIT A" PSE PaciRc Surveying &Engineering That portion of the southeastquarter of the southwestquarter of Section4, Township30 North, Range5 East,W.M. in Snohomish County,Washington, describedas follows: Beginning at the intersection of the northline of the south half of the southwestquarter of said Section 4, with the east line of the Pacific Highway;thence southeasterly along said east line 553.5feet to the southwestcomer of a tract of land conveyed to H.C. Stineke andwife by Deed recorded under Recoding Number433619,recordsof said County,and the True Pointof Beginning;thence east alongthe southboundaryof the said Stineke tract to the west lineof the Northern PacificRailwayright of way;thence southerlyalong said right of way to the northeast cornerof a track of land conveyed to Arnie Johnsonand wife by Deedrecorded under Recording Number 843577,records of said County;thence west along the north line of said Johnson tract to the east lineof the Pacific Highway;thence north alongsaid east lineto the True Pointof Beginning. SURVEYORS NOTE: The centerline of State Avenueis basedon the Right of Way planstitled State Avenue,1161h St NEto 136'h 5t NE, dated Dec.22, 2006. PSE Paclnc Surveying &Engineering "EXHIBIT A" 1812Cornwall Avenue Bellingham,WA 98225 Phone360-671-7387 A Fax360-671-4685 www.psesurvey.eom RIGHT OF WAY FROM PARCEL 30050400301000 The west 13.00 feet, of the following described parcel: Beginning at the intersection of the south line of the north half of the southwest quarter of Section 4,Township 30 North, Range 5 East, W.M. in Snohomish County,Washington,and the east boundary line of the Pacific Highway and running;thence southeasterly along the east boundary line of the Pacific Highway a distance of 388 Yo feet to the True Point of Beginning; thence continue southeasterly along the east boundary line of the Pacific Highway a distance of 10 rods;thence easterly and parallel with the south line of a tract of land conveyed to C.L. Vining by Deed Recorded in Volume 186 of Deeds of page 356, to the westerly boundary line of the Northern Pacific Railroad right of way;thence northeasterly along the said boundary line of the Northern Pacific Railroad right of way to the south line of said C.L. Vining tract;thence westerly along the south line of said C.L. Vining tract to the True Point of Beginning. Situate in the County of Snohomish,State of Washington. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue,116th St NE to 136 th St NE, dated Dec. 22, 2006. ,' PSE Paclflc Surveying &Eng/neerlng "EXHIBIT A" 1812 Cornwall Avenue Bellingham,WA98225 Phone360-671-7387 A Fax 360-671-4685 www.psesurvey.eom RIGHT OFWAY FROM PARCEL 30050400300700 The west 13.00 feet, of the following described parcel: That portion of the south half of the southwest quarter of Section 4,Township 30 North, Range 5 East, W.M. in Snohomish County,Washington,described as follows: Beginning at the northeast corner of said subdivision;thence west for 1396 feet more or less to the east line of the County Road as conveyed in Volume 151 of Deeds on Page 54;thence southeasterly along the east line of said County Road for 388.5 feet to the southwest corner of the W.C.Leifer tract conveyed in Deed recorded under Recording Number 1000479,and the True Point of Beginning;thence North 13°10'58"West along the east line of said County Road for 91 feet;thence North 76°49'02"East for 100 feet;thence South 40°59'06"East for 150 feet to the south line of said Leifer tract;thence North 89°24'10"West along the said south line for 175 feet to the Point of Beginning. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue,116th St NE to 136 lh St NE, dated Dec. 22, 2006. /-8-tJ7 PSE Paclne Surveying &Engineering "EXHIBIT A" 1812Cornwall Avenue Bellingham,WA98225 Phone360-671-7387 A Fax 360-671-4685 www.pscsurvey.ecm RIGHT OFWAY FROM PARCEL 30050400302400 The west 13.00 feet, of the following described parcel: Beginning at the northeast comer of the southeast quarter of the southwest quarter of Section 4, Township 30 North, Range 5 East, W.M. in Snohomish County,Washington;running thence west 1396 feet, more or less, to the east line of the County Road;thence southerly along the east line of said County Road, 187 1/2 feet to the True Point of Beginning;thence continue southerly along east line of County Road 201 feet;thence east 608 feet, more or less, to the west right of way of the Northern Pacific Railway;thence northerly along west line of the Northern Pacific Railway company right of way 200 1/2 feet;thence west 713 feet,more or less, to the True Point of Beginning; EXCEPT that portion described as follows: Beginning at the northeast corner of the southeast quarter of the southwest quarter of Section 4; thence west for 1396 feet, more or less, to the east line of the County Road as conveyed in Volume 151 of Deeds on Page 54;thence southeasterly along the east line of said County Road for 388.5 feet to the southwest corner of the W.C.Leifer tract conveyed in Deed recorded under Recording Number 1000479,and the True Point of Beginning; thence North 13°10'58"West along the east line of said County Road for 91 feet;thence North 76°49'02"East for 100 feet;thence South 40°59'06"East for 150 feet to the south line of said Leifer tract;thence North 89°24'10"West along said south line for 175 feet to the Point of Beginning. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116 th St NE to 136 th St NE, dated Dec. 22, 2006. PSE Pacfflc Surveying &Englnflflrlng 1812 Cornwall Avenue Bellingham,WA 98225 Phone360-671-7387 A Fax360-671-4685 www.psr:survey.com "EXHIBIT A" RIGHT OFWAY FROM PARCEL 30050400300800 That portion of property situated in the south half of the southwest quarter of Section 4, Township 30 North, Range 5 East, W.M. in Snohomish County,Washington,described asfollows: Existing Parcel Description: Beginning at the northeast corner of the southeast quarter of the southwest quarter of said section;thence west 1,396 feet, more or less, to the east line of the County Road; the True Point of Beginning;thence southerly along the east line of County Road, 187.5 feet; thence east 713 feet, more or less, to the west right-of-way line of the Northern Pacific Railway; thence northerly along the west line of the Northern Pacific Railway Company right-of-way 186.5 feet; thence west 819 feet, more or less, to the True Point of Beginning; EXCEPT the east 530 feet thereof as measured along the north line of said premises. Additional Right of Way Area Description: Beginning at the northwest corner of above described property, said corner lying 30 feet easterly when measured at right angles to the center line of county road and being the easterly margin of said county road; thence along the north line of said parcel South 89°23'11" East, 47.99 feet to the beginning of a curve concave to the east, from which the radius point bears South 00°36'49"West, 27.50 feet; thence along said curve southerly 49.49 feet, through a central angle of 103°06'50"to the end of curve; thence parallel with the easterly margin of said county road South 12°30'01"East 152.86 feet to the southerly line of said parcel; thence along said southerly line North 89°23'11"West 13.35 feet to said easterly margin lying 30 feet easterly when measured at right angles to the center line of county road;thence along said easterly margin North 12°30'01"West, 187.50 feet to the Point of Beginning. ~-, State Avenue, 116 th St SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans title NE to 136 lh St NE, dated Jan. 5, 2007.1IP==~!i';r;lil~"'~ ·. PSE Pacific SUrMylng &Engln••ring Bellingham'Bothell "EXHIBIT A" 2212220thAvenue SE.Suite 159 Bothell.WA 98021-4417 Phone 425-205-2035 'Fax 425-205-2038 www.psesurvey.ccm RIGHT OF WAY FROM PARCEL 31053200100700 That portion of the south half of the south half of the Northeast quarter of the Northeast quarter of Section 32, Township 31 North, Range 5 East, W.M. in Snohomish County,Washington; Lying Easterly of State Route 5; Except the North 48 feet; and Except State Road on the East; and EXCEPT Beginning at the Northeast corner on said South half of the South half of said SUbdivision; then West along the north line thereof to the West line of said State Road;thence South along said West line 48 feet to the True Point of Beginning; thence continuing along said West Highway Line 480 feet; then West 100 feet; then North parallel to said West Highway line 180 feet; thence East 100 feet to the True Point of Beginning; Situate in the County of Snohomish, State of Washington Right of Way Acquisition described as follows being a portion of the above described Tract: Commencing at the southeast corner of above said Tract lying 30 feet easterly when measured at right angles to the center line of said State Avenue; thence along the west margin of said State Avenue North 02°16'30" East 46.19 feet to the Point of Beginning; thence perpendicular to said margin North 87°43'30"West 2.50 feet; thence parallel with said margin North 02°16'30" East 5.00 feet; thence South 87°43'30" East 2.50 feet to said margin; thence along said margin South 02°16'30" West 5.00 feet to the Point of Beginning. SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plan titled State Avenue, 136 lh Street NE to 152nd Street NE, dated December 22, 2006, on file with the City of Marysville, Public Works. ,' 1812 Cornwall Avenue Belling/llJn,WA9822' Phone 360-671·7387 A FIX 360-671-468' WtrW.petHn'f)'.co-...,........._......._'-. "EXHIBIT AU RIGHT OFWAYFROM PARCEL 30050900200700 The west 13.00feet,of thefollowing desaibed parcel: The south117feet thereofas measured along the east line thereofthat portion of the east half of the northwest quarterof Section 9,Township 30 North,Range 5 East,W.M.in Snohomish County,Washington,described asfollows: Beginning at the northeast comerofthe northwest quarterofSection 9;thence south 1,073.1 feel to theTruePointof Beginning;thence south 291.4 feel,moreor less,tothe northeast comer oftractconveyed to MaryBisson;thence westparalel tothe east and west centerline ofsaid Section for 752.3 feet to the east lineofthe Pacific Highway;thence northwesterly along the east lineof said Pacific Highway to a pointwestof theTruePointof Beginning;thenceeast813.4 feet,moreor less,to theTruePointof Beginning. SURVEYORS NOTE: Thecenterline ofStateAvenue is based on the Right ofWay plans litIed StateAvenue,116"St NEto 138"St NE,dated Dec.22,2006. [XPIR[S: 06 14 08 .. ME PecMc ...,.,fI••a &........ -------------------------------- 1812 Cornwall Avenue Bellingham.WA98225 Phone 360-671·7387'Fax 360-6714685 w*...pHSUn't)".to. "EXHIBIT An RIGHT OFWAYFROM PARCEL 30050900200900 Existina Parcel Description: THE SOUTH 281.5 OFTHE NORTH 1073.01 FEET OFTHE NORTHEAST QUARTER OF THE NORTHWEST QUARTER LYING EAST OF PACIFIC HIGHWAY; EXCEPT THENORTHERN PACIFIC RIGHT OFWAY,ALLIN SECTION 9,TOWNSHIP 30 NORTH,RANGE 5 EAST.W.M. SITUATE INTHECOUNTY OF SNOHOMISH,STATE OFWASHINGTON Additional Right of WayArea Description: BEGINNING atthe southwest comerof the above described property,thence along the south lineofsaidparcel South 87°45'38"East,9.24;thence North 12°31'41'West parallel with the centerline of State Avenue 61.81 feettotheeasterly margin of saidNorthem PacifIC rightofway andtothe beginning of a curve concave totheeast,fromwhich theradius point bears North 88°19'02'East 5679.38 feet;thence along saidcurve and said easterly margin southerly 60.11 feet,through a central angleof 0°36'23'totheendofcurveandPOINT OF BEGINNING from which radius point bears North 85°42'39'East5679.38 feel SURVEYORS NOTE: The center lineof State Avenue is based onthe Right of Way plans tilled State Avenue,116tll St NEto 136"St NE,dated Jan.5,2007. £I PIRES:06/14/08 .-------_...- .. Ics/mv/state2.ord EXHIBIT C DETENTION POND LEGAL DESCRIPTION 5 .----------~------- - - •• PSE 1812 Cornwall Avenue Bellingham.WA 98225 Phone 360-671·7387'Fox 360-671-4685 ........pKnn·t)·.co- "EXHIBIT An PORTION OF LAND FROM PARCEL 30050400300200 The East 40.00 feet ofthefollowing described parcel: TheSouth 655 feet of the North halfof theSouthwest quarter of Section 4,Township 30 North, Rage 5 East,W.M.,lying EastofOld Highway 99andWestofthe Northem PacificRailroad rightofway;EXCEPT the North 30feetthereofAND LESS theSouth 60feetthereof conveyed to Snohomish County for 128 lh Street N.E.bydeedrecorded under Auditor's file no.1873895, records of Snohomish County,Washington;ALSO LESS theWest 20.00 feetthereofconveyed tothe County of Snohomish,State ofWashington,fora public road and highway found under Auditor's fileno.8005210078,records of Snohomish County,Washington. EXCEPT thatpartof the abovEHlescribed parcel lying Eastofthe following describe line: Beginning onthe South line oftheabovEHlescribed parcel ata point which bears North 85°19'41"West6.69feetfromthe Southeast comerof saidparcel;Thence North04°40'19"East 565.00 feetto the North lineof theabovEHlescribed parcel andthetenninus ofsaidline. SITUATE intheCountyof Snohomish,State of Washington SURVEYORS NOTE: Theparcel calculations is based onthe Right of Wayplans titled State Avenue,116lh SI NEto 136111 St NE,datedJan.5,2007. I It F 1711'",~~I2a~,,=v/.=·u;">I~=~~~=SS>l:llt, ~lo.\\.W.•~(,~\~~.,p ~~«:'".,C'~~ '.'...~oz""o;,.. -'450 4J~1\,p~"<~~.{;-l'~'•.1}.C1ST£'\\.c,'-'~~°N.1L LA~\)•~ q~~:;;/JfHJ