HomeMy WebLinkAboutR-1091 - Authorizing and empowering the Mayor to execute a settlement and compromise agreement with the Tulalip Tribes of Washington relating to pending litigaxc;I 'c~,.tJff7(.e y
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UTi Iftf"e G ~it(t-,
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOL~TION NO.,/t:29/
A RESOLUTION OF THE CITY OF MARYSVILLE AUTHORIZING
AND EMPOWERING THE ~1AYOR TO EXECUTE A SETTLEMENT
AND COMPROMISE AGREEMENT WITH THE TULALIP TRIBES OF
WASHINGTON RELATING TO PENDING LITIGATION OVER
UTILITY SERVICE,AND GRANTING A VARIANCE FROM THE
REQUIREMENT OF THE RUSA CODE THAT THE TRIBAL
PROPERTIES ANNEX INTO THE CITY
WHEREAS,the Tulalip Tribes of Washington commenced liti-
gation against the City of Marysville,and the tmyor and individual
Councilmembers,in the United States District Court under cause num-
ber C82-219,and in Snohomish County Superior Court under cause num-
ber 82-2-00637-6,which litigation relates to a dispute over the
availability of City utilities for certain property ,located on the
Tulalip Indian Reservation;and
WHEREAS,the Tulalip Tribes have applied for an additional
utility connection for abutting property known as the "Entertain-
ment Center property"on the TUla1ip Indian Reservation;and
WHEREAS,on April 25,1983,the Tulalip Tribes applied for
a variance from the RUSA Code requirement that the subject property
must annex to the City before receiving utility service;and
~mEREAS,a settlement has been reached between the parties
on all issues,as an interdependent unit,on the terms and condi-
tions provided below;
sow.THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ~ffiRYSVILLE,
WASHINGTON,AS FOLLOWS:
1.Pursuant to Section 14.32.060(d)of the Marysville Muni-
cipal Code,a variance is hereby granted to the Tulalip Tribes of
Washington from the requirement of the RUSA Code that the property
described in Exhibit A attached hereto be annexed into the City prior
to receiving utility services.The City Council finds that this
variance is justified by the unique jurisdictional status of trust
property owned by the Tulalip Tribes of Washington.This variance
Resolution - 1
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shall become effective immediately upon a dismissal,with prejudice,
of all pending causes of action in u.s.District Court case number
C82-219 and Snohomish County Superior Court case number 82-2-00637-6;
the duration of this variance shall be perpetual.
2.The Marysville City Council hereby accepts the Settle-
ment and Compromise Agreement attached hereto.and authorizes the
Mayor to execute the same as a binding commitment of the City of
Marysville.
!~l ADOPTED~~~he City Council and APPROVED by the Mayor this
rL.5 "day of _rt!!li '1983.V=-;:'--,
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ATTEST:
MAYOR
BYW!:P¥Bajt:v-CITY CLERK
APPROVED AS TO FORM:
Resolution -2
·"RESOLUTION
BE IT·RESOLVED by the Board of Drectors of the Tulalip
Reservation,pursuant to Article VI(a)and (1)of its Consti-
tution and Bylaws ·that it by these presents hereby authorizes
its Executive Director,Mr.Clarence H.Hatch,to settle the
pending state and federal lawsuits against the City of
Marysville and its councilpersons by making an agreement
concerning the provision of utility service to tribal property
held in trust by the United States of America,which property
is the subject of such pending litigation,substantially in
the form of the Settlement and Compromise Agreement attached;
provided that the City of Marysville agree to and execute
the same on or before the 25th day of April,1983.
ADOPTED this.~5 day of April,1983,by the Board of
Directors of the Tulalip Reservation at a special meeting
duly called for the said purpose by a unanimous vote.
ATTEST:
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SETTLEMENT AND COMPROMISE AGREEMENT
IN COMPLETE COMPROMISE AND SETTLEMENT of the state and
federal lawsuits now pending between the parties,it is
hereby agreed as follows:
1.Marysville hereby agrees to provide water and
sewer utility service to sites developed upon the properties
described on Exhibit A,attached,on the terms and conditions
below.It is understood that such service is to be provided
to the subject property or portions of same as now or here-
after developed,upon the request(s)and application(s)of
the Tulalip Tribes of Washington or its lessees,assignees,
or successors in interest in the ownership of said property,
or any portion thereof.
2.Marysville shall not be required to provide service
for any application for such service which is filed at any
time when a general moratorium upon all new or additional
hookups to Marysville utility service is in effect for
reasons of insufficient capacity.Marysville will provide
utility service pursuant to applications for utility services
filed before the commencement of,or after the expiration
of,such a moratorium.
3.Marysville only agrees to provide service to sites
located upon said properties zoned by the Tribe for the
following land uses:
a.The Tulalip Tribes'proposed Entertainment
Center,which is in the process of construction.
b.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 agreement in areas to which
that Code would otherwise 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,
set backs,etc.
c.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.
SETTLEMENT AND
COMPROMISE AGREEMENT - 1
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d.Service stations,fast-food establishments
(e.g.,McDonald's),convenience stores (e.g.,"7-11"or
mini-mart-type stores).
e.Marysville does not agree as part of this
settlement,to provide such utility services for any
other uses to the subject property.
4.Marysville hereby grants a permanent variance for
service to the above described properties,from any annexa-
tion requirements of its Code as it now exists or may here-
after be amended,and that Marysville hereby also adopts a
"RUSA"plan pertaining the the described properties,providing
for the above described and referred uses and no others.
5.As a condition of any utility hookup requested,
Marysville shall require the applicant (the Tribe,its
lessees,assignees or successors in interest)to pay all
normal charges incident thereto and to conform to applicable
Marysville utility code requirements not inconsistent here-
with.
6.The Tribe agrees to grant or consent to utility
line easements crossing property held in trust for the Tribe
which are necessary to allow provision of service requested
per this agreement.The Tribe also agrees to consent to
utility easements for Marysville's presently existing trunk
sewer line and water main which pass by or in the vicinity
of the above described properties.
7.The Tribe guarantees payment of all utility bills
or service provided to the above described properties or any
portions thereof in lieu of the City's lien provisions which
would be applicable to property not otherwise exempt,and if
any such bill becomes delinquent,the Tribe agrees to pay
,the same promptly upon demand.
8.The utility service to the Tribe's Entertainment
Center parcel shall be made available immediately upon
execution of this agreement and the filing of a .completed
utility application by the Tribe..
9.It is agreed that any other application for service
to the balance of the subject property which conforms to
this agreement and is filed on or before October 1st,1984,
shall be granted by the City.Such connection will be made
on or before said date.There shall be no utility moratorium
effective against the Tribe,its lessees,assignees,or
successors in interest to the ownership of the subject
property or any portion thereof for a period of six (6)
SETTLEMENT AND
COMPROMISE AGREEMENT - 2
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months from the date of this agreement.Thereafter,any
application will be subject to the moratorium provisions of
paragraph 2 herein.If a connection is not made on or
before October 1st,1984,then the applicant must reapply.
Furthermore,prior to October 1st,1984,the only lIimpact
data ll which·would be required of an applicant would relate
to projections of utility flows,special effluent treatment
required or hazards related to the type of effluent involved.
After October 1st,1984,all applications for utility service
to the subject property shall be granted if in conformity
with applicable Marysville utility code requirements not
inconsistent with the terms of this agreement.
10.The parties will strive to cooperate toward miti-
gation of any traffic problems at the 1-5 interchange.
11.Upon the execution of this agreement and in reliance
upon each party's pledge of good faith to adhere to same,
the parties hereby authorize their attorneys and direct same
to forthwith dismiss with prejudice and without cost or fees
to either party all pending state and federal actions between
same,including claims,if any,relating to members of
either party t~this agreement in individual capacities.
12.It is understood that nothing contained herein
shall be deemed an admission by either of one to the other
of the validity of any claims made Or positions taken in the
pending litigation.
DATED this 25th day of April,1983.
a municipal
THE TULALIP TRIBES OF WASHINGTON
SETTLEMENT AND
COMPROMISE AGREEMENT - 3
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CORRECTION DEED TO
CORRECT DOCUMENT
RECORDED NO.123 1096
UNITED STATES
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
CORRECTION DEED TO RESTRICTED INDIAN LAND
THIS INDENTURE,made and entered into this att?day of
~;l8';2-,one thousand nine hundred and eighty-two,by and,
between ALTHEA H.EPPERSON,AS GUARDIAN OF THE ESTATE OF ALFRED
SAM,an incompetent person,No.130-3051,as his sale and
separate property,of Marysville,Washington,Indians,party of
the first part,'and 'THE UNITED STATES OF AMERICA IN TRUST for the
use and benefit of THE TULALIP TRIBES OF WASHINGTON,Party of the
second part;
W~TNESSETH,that said party of the first p~rt,for and in
consideration of the sum of Three Hundred Fifty-Nine Thousand
Dollars ($359,000.00)in hand paid,the receipt of which is hereby
'acknowledged,does hereby grant,bargain,sell and convey unto
said party of the'seconq~part,the following described real estate
and premises situated in ,Snohomish County,State of Washington,
on the Tulalip Indian Reservation,to-wit:
That parcel of land located in Sections 29 and 32,Township 30
North,Range 5 East of the Willarnette Meridian,Snohomish County,
Washington,described as follows:Commencing at the East quarter
corner of said Section 29;thence S 0048 128"W,along the East line
of said Section 29,a distance of 764.•50 feet to the center line of
the old Marysville-Tulalip Road;thence N 88°59 126"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°59 126"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 l039'2l flW,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 lOlO'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 5 l007 137"W,along the West line of Government lot 1 in
said Section 32,a distance of 540.00 feet;thence S 89°36'23 f1E a
distance of 577.81 feet to a point on the West line of the East
760.00 feet of said Government Lot 1;thence N lOOl'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 128 f1E,along the West line of
the East 760.00 feet of said Sec~ion 29,a distance of 1886.36 feet
to the True Point of Beginninq.Containina 31.80 acres,more or
less.
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'l south 1,1°47'20"eas t a distance of 729.27 feet;thence south 0°28'20"
west a distnnce of 148.70 feet;thence north 41°47'20"wcs t 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 Ill,
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;
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 10L75 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 fll,
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,
30.00 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'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 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 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
£bey 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 subject 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
10~.(88 Stat.77).
Together with all the improvements thereon and the appurtenances there-
unto belonging.And the said party of the first part,for h Lmse Lf and
his heirs,executors,and administrators,does hereby covenant,promise,
and agree to and with the said party of the second part,its successors
and assigns,that they will forever warrant and defend the said premises
against the claim of all persons,claiming or to claim by,through,or
under themselves only.
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To have and to hold said described premises unto the s~id part of
the second p~rt.its successors t executors t aaministrators t and assigns t
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forever.
IN WITNESS WHEREOF,That said party of the first part,has hereunto
set his hand arid seal,the day and year first above writteL
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/Ittlz ill 7/.}f;Lf,plL kKiAr5
ALTHEA H.EPPERSON,as a~ardian
of the estate of ALFRED SAM,an .
incompetent person.
Acknovledgments must be in accordance with the forms prescribed by
the State in which the land is situated.
STATE OF WASHINGTON )
COUNTY OF
:ss.
SNOHOMISH)
BE IT RDfEHBERED,That on this 2c7 ~ay of December,A.D.,1977,
before the undersigned,a Notary Public in and for the County and State,
aforesaid,personally appeared ALTHEA H.EPPERSON,as Guardian of the
Estate o~ALFRED SAM,an Incompetent Person,to me persona1ly known"to
be the identical person who executed the within instrument of writing,and _.
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such person duly acknowledged the execution of the same.·9
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed
my seal on the day and year last hereinabove written.As his free and
voluntary act and deed for the use and p
."
N ~ary Public in and for
of l-las h i ngt on residing
td
UNITED STATES
DEPARTHENT OF THE INTERIOR My connnission expires 9/21/81
The
The within deed is recorded
As~istant£AJi fJ I~Ev·iQR
Office of ~ndian-Affairs in Volume
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Page ,Inherited Indian Land Deed Book.-----
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..123 1300
EXCEPT the following described tract deeded to Snohomish County by
Deed approved August 1,1974,recorded PAO 123-911,containing
2.2 acres,more or less.
Parcel "B"(as per plat identified as Marine Vie~Drive,Proposal
11,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 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"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 "On (as per plat identified as Marine View Drive,Proposal
iI,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;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;th~nce 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 nE n '(as per plat identified as Marine View Drive,Proposal
iI,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°39 121 11 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°47 120"east a distance of 43.63 feet;
thence.north 1°39'21 n 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;
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 angIe of 89°20'30"a distance 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 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 NE 1/4 SE 1/4;thence ~outh 1°39 121"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
Gove~nment 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
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 Act of 1974 -Title I,
Section 106.(88 Stat ..77),.
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~.Together will all the improvements thereon and the appurtenances
thereunto belonging.And the said party of the first part,for
himself and his heirs,executors and administrators,does hereby
covenant,promise and agree to and with the sai~'party of the
second part,.its successors and assigns,that they will forever
warrant and defend the said premises against the claim of all
persons,claiming or to calim by,through,or under themselves only.
TO have and to hold said described premises unto the said
party of the second part,its successors,executors,administrators,
and assigns,forever.
IN WITNESS WHEREOF,that said party of t~e first part,has
hereunto set his hand and seal,the day and year first above written.
-tZlddd~
ALTHEA H.EPPER~,/as Guardian
of the estate of ALFRED SAM,an
incompetent person.
STATE·OF WASHINGTON
COUNTY OF SNOHOMISH
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)
BE IT REMEMBERED that on this dP day of 71i.¥- ,1982,
before the undersigned,a Notary Public in and for the County and
State aforesaid,personally appeared ALTHEA H.EPPERSON,as Guardian
of the Estate of ALFRED SAM,an incompetent person,to me personally
kno~to be the identical person who executed the within instrument
of writing,and such person duly acknowledged the execution of the
same.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and
affixed my seal on the day and year last hereinabove written.As
his free and voluntary act and deed for the use and purpose mentioned
therein.
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.No~ary pUbli~in land for the
State of Washington,residing
at:~l~tt..L
My conunission expires:r!dd If d-
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5-5"46
(1956 Rev, )
Land bcjn;.conveyed ~as
allotted to ALFF.!·:n SAN
Allottee No.778 .
TULALIP INDLAN RESERVATION
UNITED STATES
DEPARTHENT OF THE INTERIOR
Bureau of Indian'Affairs
DEED TO RESTRICTED INDIAN LAND
THIS INDENTURE,Made and entered into this
seventy-seven
one thousand nine hundred and ,by
7'--:;.,.2 day of December
and between ALTHEA H.
EPPERSON,AS GUARDIAN OF THE ESTATE OF ALFRED SAM,an incompetent per-
son,No.130-3051,as his sole and separate property,of Marysville,
Washington,Indians,part of the first part,and THE UNITED STATES OF
AMERICA IN TRUST for the use and benefit of THE TULALIP TRIBES OF
WASHINGTON,Party of the second part:
WITNESSETH,That said party of the first part,for and in consider-,
ation of the sum of THREE HUh~RED FIFTY-NINE THOUSAND ($359,000.00)
dollars,~hand paid,the receipt of which is hereby acknowledged t does
hereby grant,bargain,sell,and convey unto said party of the second
part,the following described real estate and premises situated in
Snohomish County,State of Washington,on the Tulalip Indian Reservation,
to wit:
.g
That parcel of land located in sections29 and 32 t To~ship 30 North t !d
Range 5 East,Willarnette Meri~ian,Snohomish CountYt ~ashington,described
as follows:Commencing at the East quarter corner section 29,thence
south 0°30'east 758 feet,more or less t to center line of Old }~rysville
Tulalip Road thence SOQth 89°30'west 760 feet along the Old Marysvil1e-
Tu1alip Road to the point of beginning;thence south 89 D30'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 west line NE 1/4 SE 1/4 an~SE
1/4 SE 1/4 to the southyest 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;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 Ha r Lne View Drive,Pr opos aL
01,Dated 12/11).All that portion of the SE 1/4 of the SE 1/4 of Section
29,Tovnsh Lp 30 North,Range 5 East,W.N.,More particularly described
as follows:Beginning at the northwest corner of said SE 1/4 SE 1/4
being the true point of beginning,thence south 87°23'3111 east along.
the north line of said SE 1/4 SE 1/4 a distance of 69.97 feet;thence
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EXHIBIT "An
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The within deed is hereby approved:
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