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HomeMy WebLinkAboutR-1090 - Supplementing the RUSA plan by including certain property on the Tulalip Indian Reservation.. xc : CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.~f" A RESOLUTION OF THE CITY OF ~UffiYSVILLE SUPPLEMENTING THE RUSA PLAN BY INCLUDING CERTAIN PROPERTY ON THE TULALIP INDIAN RESERVATION. WHEREAS,Sections 14.32.030 and 14.32.050(1)of the Marys- ville Municipal Code require the adoption of a Rural utility Ser- vice Area Plan for 2.11 properties located outside of the City lim- its which seek City utility services;and WHEREAS,such a RUSA Plan was duly adopted by the Marysville City Council and recorded in the records of the Snohomish County Auditor under auditor's file number 8~OS'2.02.12.;and WHEREAS,the Tulalip Tribes of Washington have applied for utility service to certain Tribal Trust property described in Exhibit "An attached hereto which was not included in the original RUSA Plan, and it is necessary to supplement said plan; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON,AS FOLLOWS: The Rural Utility Service Area Plan referred to above is hereby supplemented with respect to that certain trust property owned by the Tulalip Tribes of Washington which is legally described in Exhibit "A"attached hereto,so as to authorize City utility services to said property exclusively for the following land uses: 1.The Tulalip Tribes proposed entertainment center,which is in the process of construction. 2.Uses (permitted and conditional)which would be allowed for industrial park zones as defined in Chapter 18.56 and business park zones as defined in Chapter 18.55 of the Snohomish County Code which is in effect on the date of this resolution in areas to which that code would othen~ise be applicable.Failure of any proposed use to conform to "performance standards"of such county code shall not constitute reason for denial of service, such as building height,sign height,setbacks,etc. Resolution - 1 e. •,.,~•.i;.~l..",~ .,.;:.1. ,, 3.Other uses consistent with an "entertainment theme" including such uses as a hotel/motel,restaurant, health spa and other similar uses which are incident to and supportive of the entertainment theme of the Tribes'Entertainment Center. 4.Service stations,fast-food establishments (e.g. MacDonalds),convenience stores (e.g."7-11"or Mini-Mart type stores). The City shall not grant utility services for any use of the subject property not described above. ADOPTED by the day of /lfJli I City Council and APPROVED by the Mayor this ,1983. '/ MAYOR APPROVED AS TO FORM: Resolution - 2 ATTEST: By~9Oi:&1~ITY CLERK ".._-~ .••t ,':;' •••,.;J , ,--'-=:'';';'~,'Please return to: City Attorney ,-Ci ty of Marysville /514 Delta Avenue•Marysville,WA 98270 ...._J.. " fFffi'\-,'4'"'~E;D.~~lJ lJ'fi [J '. A RESOLUTION OF THE CITY OF ~UffiYSVILLE SUPPLEMENTING THE RUSA PLAN BY INCLUDING CERTAIN PROPERTY ON THE TULALIP INDIAN RESERVATION. WHEREAS,Sections 14.32.030 and 14.32.050(1)of the Marys- ville Municipal Code require the adoption of a Rural Utility Ser- vice Area Plan for all properties located outside of the City lim- its which seek City utility services;and L L E Y 0 ~~3 J_~Al RPlt ?s Qtl I Marysville,Washington RESOLUTION NO.$fo CIT WHEREAS,such a RUSA Plan was duly adopted by the Marysville City Council and recorded in the records of the Snohomish County ~uditor under audi tor I s f He number 82.0&1 2.02,.1.2.;and WHEREAS,the Tulalip Tribes of Washington have applied for utility service to certain Tribal Trust property described in Exhibit "A"attached hereto which was not included in the original RUSA Plan, and it is necessary to supplement said plan;. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF l1ARYSVILLE, WASHINGTON,AS FOLLOWS: The Rural Utility Service Area Plan referred to above is, hereby supplemented with respect to that certain trust property owned by the Tulalip Tribes of Washington which is legally described in Exhibit "A"attached hereto,so as to authorize C:j,ty utility services .to said property exclusively for the following land uses: 1.The TUlalip Tribes proposed entertainment center,which is in the process of construction. 2.Uses (permitted and conditional)which would be allowed for industrial park zones as defined in Chapter 18.56 and business park zones as defined in Chapter 18.55 of the Snohomish County Code which is in effect on the date of this resolution in areas to which that code would othenvise be applicable.Failure of any proposed use to conform to "performance standards"of such county code shall not constitute reason for denial of service, such as building height,sign height,setbacks,etc. Resolution - 1 830504016~,VOL 1787 i'lGE2111_. , •r •".I..,....... ,; .. 3.Other uses consistent with an "entertainment theme" including such uses as a hotel/motel,restaurant, health spa and other similar uses which are incident to and supportive of the entertainment theme of the Tribes'Entertainment Center. 4.Service stations,fast-food establishments (e.g. MacDonalds),convenience stores (e.g."7-11"or Mini-Mart type stores). The City shall not grant utility services for any use of the subject property not described above. ADOPTED by the City Council and APPROVED by the Mayor this day of II/Jti I '1983. MARYSVILLE ATTEST: 1 i ~ APPROVED AS TO FORM: CITY ATTORNEY Resolution - 2 VOL 1787 PAGE2112 EXlIIIlI'l'"1\" .'.:;I:hnt parceI of lnnd locnted in sections29 and 32,TO\JT1ship JO North, ".'Range 5 Eas t,IHllamet t e Meridian,Snohomish County,Washing ton,described ,as follows:Commencing at the East quarter corner section 29,thence south O·JO'east 758 feet,more or less,to 'center line of Old Harysville- Tulalip Road thence South'89°30'west 760 fee~along the Old .Harysville- Tulalip Road to ·the point of beginning;thence south 89°30'west 560 feet to a point on the west line NE 1/4.SE 1/4 ·of section 29:thence south 0·30'east 1895.28 feet along the w·est line NE 1/4 SE 1/4 and.SE !. 1/4 SE 1/4 to the southwest corner SE 1/4 SE 1/4;thence South 0°14' east 540 feet along the west line of the NE 1/4 NE 1/4,Section 32,to a point;.thenc e north 89°30'east 560 feet;thence north 0°30'west 2,435.28 feet,more or less,to the point of beginning,containing 31.28 acres, more or less •.EXCEPT the following described tract deeded to Snohomish County,by deed approved 8/1/74,recorded PAO 123-911,containing 2.2 acres,more or less. Parcel "B"(as per plat identified 8S }l.1rine View Drive,Pr opcs a l, Dl,Dated 12/71).All that portion of the S£1/4 of the SE 1/4 of Section 29,TO\JT1ship JO North,Range 5 East,W.H.,Hore particularly described as follows:Beginning at the northwest corner of said SF.1/4 SE 1/4 being the true point of beginning,thence south 87·23'31"east along. the north line of said SE 1/4 SE 1/4 a distance of 69.97 feet;thence south 41°47'20"e:lst a distance of 729.27 feet:thence south 0·28'20" west a dLs t ancc of 148.70 feet:thence north 41°47'20"west a distance of 834.57 feet to the west line'of said SE 1/4 of the SE 1/4:thence north 1°09'55"east along said west line'a distance of 73.38 feet to the True Point of Besinning. Parcel "D"(as per plat identified as Harine View.Drive,Proposal 01, dated 12/71).All that portion of the NE 1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,I~.H.,more particularly described. as follows:·Beginning at the southwest corner of said NE 1/4 SE 1/4: being the'True Point of Beginning:thence south 87°23'31"east along the south line of said NE 1/4 SE 1/4,a distance of 69.97 feet:thence north 41°47 '20'"west a dista·nce.of 101.75 feet to a point on the west line of said NE 1/4 SE 1/4 j thence south 1°39'21"west along said west line a distance of 72.71 feet to the True Point of Beginning. Parcel "E"(as per plat identified as Marine View Drive,Pro'posal 01, dated 12/71).All that portion of the NE 1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,H.H.,more particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4: thence north 1·39'21"east along the west line of said NE 1/4 SE 1/4, a.distance of 72.71 feet to the True Point.of Beginning:thence south 41°47'20"east a distance of 43.63 feet;thence north 1°39'21"east, 30.00 feet east of and parallel with the west line of said NE 1/4 SE 1/4,a distance of 411.33 feet;thence on the arc of a curve to the right, that is'ra'dial to the foregoing bearing,having a radil.,s of 35.00 feet and subtending an angle of 89°20'30"a distanae of 54.57 feet to a point on the south right-of-way margin of the Snohomish County Road No.8, also kno\ffi as the Harysville-Tulalip Road:thence north 89°00'00"west along said south margin a distance of 64.60 feet to a point on the west line of said NE 1/4 SE 1/4:thence south 1°39'21"west along said west lin 7 a distance of 423.91 feet to the True Point ~f Beginning. VOL 1787 PAGE2113 '=-',8" '',,9; .=1 « Q ~.. o ~o 0') o» Together with a non-exclusive easement for access to the waters of the Ebey Slough.by road and for utilities to be used in common with the grantor, his heirs,successors and assigns,over,under,upon and across the west 40 feet of the remaining south.portion of Government Lot 1,Section 32, Township 30 North,Range 5 East,W.H.,Snohomish County,Washington, owned by the grantor and not hereby conveyed to the grantee,including tidelands abutting thereon if.any there be. SUBJECT to easements documented and on file with the Chief,Titles & Record Section,Portland Area Office:·Nos·.123-150;123-155;123-532:. 123-526. Title to the land herein described shall be subj~ct to any existing ease- ments for public roads and highways,for public utilities and for railroads ~nd pipelines and any other rights of way of record..'. This acquisition is made pursuant to the Act of 1974 -Title I,Section 106.(88 Stat.77). Situated in Snohomish County,Nashington. ".'.~\: EXIII13I'l'"11" (page 2) That parcel of land located in Sections 29 and 32,Township 30 North,Range 5 East of the Willamette Meridian,Snohomish County, Washington,described as follows:',Cqmmencing at the East quarter corner of said Section 29;thence S'O'048'28"W,along the East line of said Section'29,a distance of 764,.SO feet to the center line of the old Marysville-Tulalip Road;thence N 88°59'26"W,along said' center line,a distance of 760.00 feet to a point on the West line of the East 760.00 feet of said Section 29,which point is the True Point of Beginning;thence continuirig N 88°59'26"W,along said center line,a distance of 560.50 feet to a point on the West· line of the Northeast Quarter of the Southeast'Quarter of said Section 29;thence S 1°39'21"W,along the West line of said Northeast Quarter of the Southeast Quarter of Section 29,a distance of 526.62 feet to the Northwest corner of the Southeast Quarter of the Southeast Quarter of said Section 29,thence S 1°10'05"W, 'along the ',est line of said Southeast Quarter of the Southeast Quarter ,of Section 29,a distance of 1359.22 feet to the Southwest corner of said Southeast Quarter of the Southeast Quarter of Section 29;thence S 1001'37"W,along the West line of Government lot 1 in said Section 32,a distance of 540.00 feet;thence S 89°36'23"E a distance of 577.81 feet to a point on the West line of the East 760.00 feet of said Government Lot 1;t-hence N POI'37"E,along the West line of the East 760.00 feet of said Government Lot 1,a dis- tance of 533.25 feet to the Northwest Corner of the East 760.00 feet of said Government Lot 1;tHence 'N 0048'28"E,along the West line of the East 760.00 feet of said Section 29,a distance of 1886.36 feet to th~True Point of Beqinninq.Containino 31.80 acres,more or less." EXCEPT the following described tract'deeded to Snohomish County by Deed approved August I,1974,recorded PAO 123-911,containing 2.2 acres,more or less. Parcel "B"(as per plat identified as Marine View Drive,Proposal II,dated 12/71).All that portion of the SE 1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,W.M.,More'particularly described as follows:Beginning at the northwest corner of said SE 1/4 SEI/4 being the true point of beqinning,thence south 87°23'31"east alo~g the north line of said SE 1/4 SE 1/4 a distance of 69.97 feet;thence south 41°47'20"east a distance of 729.27 feet: thence south 0°28'20"west a distance of 148.70 feet;thence north 41°47'20"west a distance of 834.57 feet to the west line of said SE 1/4 of the SE 1/4;thence north 1°09'55"east along said west line a distance of 73.38 feet to the True Point of Beginning. ,Parcel "0"(as per plat identified as Marine View Drive;Proposal tl,dated 12/71).All that portion of the 'NE 1/4 of the SE 1/4 of Section 29,Township ,30'N6rth,Range '5 East,W.M.,more particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4;being the True Point of Beginning;thence south 87°23'31"east along the south line of said NE 1/4 SE 1/4,a distance of 69.97 ,feet;thence north 41°47'20"west a distance of 101.75 feet to a point on the west line of said NE 1/4 SE 1/4;thence south 1°39'21"west along said west line a distance of 72.71 feet to the True Point of Beginning., Parcel "E"(as per plat identified as Marine View Drive,Proposal tl,dated 12/71).All that portion of the NE 1/4 of the'SE 1/4 of • Section 29,Township 30 North,Range,S East,W.M.,more'particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4;thence north 1°39'21"east along the west line of said NE 1/4 SE 1/4,a distance of 72.71 feet to the True Point of Beqinning;thence south 41°47'20"east a distance of 43.63 feet; thence.north 1°39'21"east,30 feet east of and parallel with the west line of said NE 1/4 SE 1/4,a distance,of 411.33 feet; then.ce on the arc of a curve to the 'right,that is radial to the foregoing bearing,having a radius of 35.00 feet and sUbtending an anq Le of 89°20'30"a distance of 54.57 fee't to a point on the south right-of-way margin of the Snohomish County Road No.8, also known as the Marysville-Tulalip Road;thence north 89°00'00" west along said south margin a distance of 64.60 feet to a point on the west line of said ~E 1/4 SE 1/4;thence ~outh 1°39'21"west along said west line a distance of 423.91 feet to the True Point, of Beginning. 8805040166 VOL 1787PAGE2114 ,. -, ...".of,.. ".EXHIBIT "A" (page 3) Together with a non-exclusive easement for access to the waters of the Ebey Slough by road and for'u,tili ties to be used in common with the grantor,his heirs,successors and assigns,over,under, upon and across the west 40 feet of the remaining south portion of Government Lot 1,Section 32,Town'ship 30 North,Range 5 East, W.M.,Snohomish County,Washington,owned by the grantor and not hereby conveyed to the grantee,including tidelands abutting there9n if any there be. SUBJECT to easements documented and on file with the Chief,Title &Record Section,,Portland Area Office;Nos.123-150,123-155; 123-532;123-526. Title to the land herein described shall be subject to any existing easements for public roads and highways,for public utilities and for railroads and pipelines and any other rights of way of record. This acquisition is made pursuant 'to the ~ct of 1974 -Title I, Sec t i on 106.(BB Stat.77).. Situated in Snohomish County,Washington. 8305040],6fk VOL 1787 PAcE2115 ....;...'.".' ., City of Marysville FINANCE DEPARTMENT C E R T I F I CAT ION I,Phillip E.Dexter,the duly appointed City Clerk of the City of Marysville,Washington,do hereby certify that the attached is a true and correct copy of Resolution No.ldi(}"r as adopted by the City Council of the City of 1.1arysville 'Ori-;;<f'L"'i~t •'#./).'c a '\\ "1.t' ·" '-'>5 ~day of El;'-)19~;'\.~;ii·····:·..~\~;'.the -c Q t'I ,....,"'-.... ;.:....·••·...i,'Il~··\...'.:c::.:.~\0,.!~if ..~.WA: ~::I.":",.,".$1:-;:.,'• .,~:'\'.--,,-.~.....',.,.:~::'til: )l·,.',."..&.'0/,;4 .'r ;." \-il .~..I ,~:'{>•.~'. '.c:>•"'\"-,.•~ .~f ••.:",.:::::e..- ~.a~~~~~~~~~~~~·~··t+;··s·~.j.·.>R'.: \;\'.......j,,?!,, .\:·~t.::,..G.~~,·:::~·......l1-''' 'it Dated this !l9 -day of 8S050402l®~ '4, "I 19!i±. VOL 1787fAG'E2116 514 Delta •Marysville,Washington 98270 • 206-659·8477 EXHIBIT "A" '"'That parcel of land located in sections29 and 32,Township 30 North, ~Range 5 East,Willamette Meridian,Snohomish County,Washington,described as follows:Commencing at the East quarter corner section 29,thence south 0°30'east 758 feet more or less,to 'center line of Old Narysville-',, Tulalip Road thence South 89°30'west 760 feet along the Old Marysville- Tulalip Road to ,the point of beginning;thence south 89°30'west 560 feet to a point on the west line NF.1/4 SF.1/4 of section 29;thence south 0°30'east 1895.28 feet along the west line NE 1/4 SF.1/4 an~SF. 1/4 SE 1/4 to the southwest corner SF.1/4 SF.1/4;thence South 0°14' east 540 feet along the west line of the NF.1/4 NE 1/4,Se;ti~n 32,to a point;.thence north 89°30'east 560 feet;thence north 0 30 west 2,435.28 feet,more or less,to the point of beginning,containing 31.28 acres, more or less.,EXCEPT the following described tract deeded to Snohomish County,by deed approved 8/1/74,recorded PAO 123-911,containing 2.2 acres,more or less. Parcel "B"(as per plat identified as Marine View Drive,.Proposal 01,Dated 12/71).All that portion of the SF.1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,W.H.,More particularly described as follows:Beginning at the northwest corner of said SF.1/4 SE 1/4 being the true point of beginning,thence south 87°23'31"east along. the north line of said SE 1/4 SE 1/4 a distance of 69.97 feet;thence 50~th 41°47'20"east a distance of 729.27 feet;thence south 0°28'20" west a dLs t ancc of 148.70 feet;thence north 41°47'20"west a distance of 834.57 feet to the west line'of said SE 1/4 of the SE 1/4;thence north 1°09'55"east along said west line'a distance of 73.38 feet to the True Point of Beginning. Parcel "n"(as per plat identified as Marine View Drive,Proposal 01, dated 12/71).All that portion of the NF.1/4 of the SE 1/4 of Sec,tion 29,Township 30 North,Range 5 East,\~.M.,more particularly described· as follows:'Beginning at the southwest COrner of said NF.1/4 SE 1/4; being the True Point of Beginning;thence south 87°23'31"east along the south line of said NE 1/4 SE 1/4,a distance of 69.97 feet;thence north 41°47'20'"west a distance of 101.75 feet to a point on the west line of said NF.1/4 SF.1/4;thence south 1°39'21"west along said west line a distance of 72.71 feet to the True Point of Beginning. Parcel "E"( as per plat identified as Marine View Drive,Proposal 111, dated 12/71).All that portion of the NE 1/4 of the SF.1/4 of Section 29,Township 30 North,Range 5 East,W.M.,more particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4; thence north 1°39'21"east along the west line of said NE 1/4 SE 1/4, a,distance of 72.71 feet to the True Point of Beginning;thence south 41°47'20"east a distance of 43.63 feet;thence north 1°39'21"east, 30.00 feet east of and parallel with the west line of said NE 1/4 SE 1/4,a distance of 411.33 feetj thence on the arc of a curve to the right, that is'radial to the foregoing bearing,having a radius of 35.00 feet and subtending an angle of 89°20'30"a distanae of 54.57 feet to a point on the south right-of-way margin of the Snohomish County Road No.8, also known as the Marysvi11e-Tu1a1ip Road;thence north 89°00'00"west a10ng'said south margin a distance of 64.60 feet to a point on the west line of said NE 1/4 SE 1/4;thence south 1°39'21",west along said west line a distance of 423.91 feet to the True Point of Beginning. Together with a non-exclusive easement for access to the waters of the Ebey Slough,by road and for utilities to be used in common with the grantor, his heirs,successors and assigns,over,under,upon and across the west 40 feet of the remaining south,portion of Government Lot I,Section 32, Township 30 North,Range 5 East,W.M., Snohomish County,Washington, owned by the grantor and not hereby conveyed to the grantee,including tidelands abutting thereon if.any there be. SUBJECT to easements documented and on file with the Chief,Titles & Record Section,Portland Area Office;Nos'.123-150;123-155;123-532;. 123-526. Title to the land herein described shall be subj~ct to any existing ease- ments for public roads and highways,for public utilities and for railroads and pipelines and any other rights of way of record. This acquisition is made pursuant to the Act of 1974 -Title I,Section 106.(88 Stat.77). Situated in Snohomish County,Washington. EXHIBIT "A" ~.(page 2).~. ~.,w That pa~cel of land located in Sections 29 and 32,Township 30 North,Range 5 East of the Willamette Meridian,Snohomish County, Washington,described as follows:'Commencing at the East quarter corner of said Section 29;thence S 0048'28"W,along the East line of said Section'29,a distance of 76t.50 feet to the center line of the old Marysville-Tula1ip Road;thence N 88°59'26"W,along said center line,a distance of 760.00 feet to a point on the West line of the East 760.00 feet of said Section 29,which point is the True Point of Beginning;thence continuirig N 88°59'26"W,'along said center line,a distance of 560.50 feet to a point on the West· line of the Northeast Quarter of the Southeast'Quarter of said Section 29;thence S 1039'21"W,along the West line of said Northeast Quarter of the Southeast Quarter of Section 29,a distance of 526.62 feet to the Northwest corner of the Southeast Quarter of the Southeast Quarter of said Section 29,thence S 1010'05"W, 'along the West line of said Southeast Quarter of the Southeast Quarter of Section 29,a distance of 1359.22 feet to the Southwest corner of said Southeast Quarter of the Southeast Quarter of Section 29;thence S 1001'37"W,along the West line of Government lot 1 in said Section 32,a distance of 540.00 feet;thence S 89°36'23"E a distance of 577.81 feet to a point on the West line of the East 760.00 feet of said Government Lot 1;t:hence N 1001'37"E,along the West line of the East 760.00 feet of said Government Lot 1,a dis- tance of 533.25 feet to the Northwest Corner of the East 760.00 feet of said Government Lot 1;tHence W 0048'28"E,along the West line of the East 760.00 feet of said Section 29,a distance of 1886.36 feet to the True Point of Beginninq.Containinq 31.80 acres,more or less." EXCEPT the following described tract,deeded to Snohomish County by Deed approved August 1,1974,recorded PAO 123-911,containing 2.2 acre~,more or less. Parcel "B"(as per plat identified as Marine View Drive,Proposal tl,dated 12/71).All that portion of the SE 1/4 of the SE 1/4 of Section 29,Township 30 North,Range 5 East,W.M.,More particularly described as follows:Beginning at the northwest corner of said SE 1/4 SE1/4 being the true point of bec;,Jinning,thence south 87°23'31"east along the north line of said SE 1/4 SE 1/4 a distance of 69.97 feet;thence south 41°47'20"east a distance of 729.27 feet; thence south 0°28'20"we'st a distance of 148.70 feet;thence north 41°47'20"west a distance of 834.57 feet to the west line of said SE 1/4 of the SE 1/4;thence north 1°09'55"east along said west line a distance of 73.38 feet to the True Point of Beginning. Parcel "D"(as per plat identified as Marine View Drive,Proposal tl,dated 12/71).All that portion of the 'NE 1/4 of the SE 1/4 of Section 29,Township ,3D North,Range '5 East,W.M.,more particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4;being the True Point of Beginning;thence south 87°23'31"east along the south line of said NE 1/4 SE 1/4,a distance of 69.97 feet;thence north 41°47'20"west a distance'of 101.75 feet to a point on the west line of said NE 1/4 SE 1/4;thence south 1°39'21"west along said west line a distance of 72.71 feet to the True Point of Beginning. Parcel "E"(as per plat identified as Marine View Drive,Proposal il,dated 12/71).All that portion of'the NE 1/4 of the SE 1/4 of " Section.29,Township 30 North,Range,5 East,W.M.,more'particularly described as follows:Beginning at the southwest corner of said NE 1/4 SE 1/4;thence north 1°39'21"east along the west line of said NE 1/4 SE 1/4,a distance of 72.71 feet to the True Point of Beginning;thence south 41°47'20"east a distance of 43.63 feet; thence.north 1°39'21"east,30 feet east of and parallel with the west line of said NE 1/4 SE 1/4,a distance of 411.33 feet; thenpe on the arc of a curve to tha 'right,that is radial to the foregoing bearing,having a radius of 35.00 feet and subtending an angle of 89°20'30"a distance of 54.57 fee£to a point on the south right-of-way margin of the Snohomish County Road No.8, also known as the Marysvi11e-Tulalip Road;thence north 89°00'00" west along said south margin a distance of 64.60 feet to a point on the west line of saidNE 1/4 SE 1/4;thence south 1"39'21"west along said west line a distance of 423.91 feet to the True Point of Beginning. EXHIBIT "A" (page 3) Together with a non-exclusive easemenf for access to the waters of the Ebey Slough by road and for utilities to be used in common with the grantor,his heirs,successors and assigns,over,under, upon and across the west 40 feet of the remaining south portion of Government Lot 1,Section 32,Township 30 North,Range 5 East, W.M.,Snohomish County,Washington,owned by the grantor and not hereby conveyed to the grantee,including tidelands abutting ther e9n if any there be. SUBJECT to easements documented and on file with the Chief,Title &Record Section,.Portland Area Office;Nos.123-150,123-155; 123-532;123-526. Title to the land herein described shall be subject to any existing easements for public roads and highways,for public utilities and for railroads and pipelines and any other rights of way of record. This acquisition is made pursuant ·to the ~ct of 1974 -Title I, Section 106.(88 Stat.77).• Situated in Snohomish County,Washington.