Loading...
HomeMy WebLinkAboutR-1241 - Granting a variance to Chapter 14.32 of the Marysville Municipal Code (RUSA) and authorizing sewer connections to properties located within ULID No. 1.'-•L,;;...~,.....-_"..,. "-~,+.,...w;J~·;t<>l-+l_",Jt fLC.o:+-t.U F;/e PECORD[[J A RESOLUTION OF THE CITY OF !1ARYSVILL~GRANTING A VARIANCE TO CHAPTER 14.32 OF THE MARYSVILLE MUNICIPAL CODE (RUSA),AND AUTHORIZING SEWER CONNECTIONS TO PROPERTIES LOCATED WITHIN ULID NO.10 CIT Y 0 F MAR Y S V I L WA 98270 Marysville,Washington After recording return to: CITY OF MARYSVILLE.~514 Delta ~Marysville,o o ~ ~ ~ ~ t- <Xl RESOLUTION NO./2./1,/ 1937 rm 2I m9:I7 L E DEA.N V.V/ILlIl\MS.AUDITOH SfWH •H COUTY '.'\:;1'1.()mv. OEP.o.r WHEREAS,commencing in 1975 the City of Marysville entered into certain temporary sewer extension agreements with property owners located in the northwest and southwest quadrants of the intersection of 1-5 and 172nd Street N.E.;and WHEREAS,said property owners have now formed ULID No.10 for the construction of permanent sewers,and desire to abandon the temporary system previously constructed and the contracts with the City relating thereto;and WHEREAS,the subject property is situated outside of the Rural utility Service Area of the City of Marysville and can only be served with a permanent sewer system if a variance is granted pur- suant to Section 14.32.060(dl of the Marysville Municipal Code;NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marys- ville,Washington as follows: Section 1.RUSA Variance.That certain property located in the northwest and southwest quadrants of the intersection of 1-5 and 172nd Street N.E.,being more particularly described in Ordinance 1456 as the territory of ULID No.10,is hereby granted a RUSA var- iance pursuant to Section 14.32.060(d)of the Marysville Municipal Code on the basis of the special circumstances which arise from the temporary sewer extension agreements which have been in existence for over ten (10)years with respect to the SUbject property.All lots within said property are hereby authorized to connect to the sanitary sewer system of the City of Marysville,subject to com- pliance with the provisions of this resolution and all applicable provisions of Title 14 of the Marysville Municipal Code. Resolution - 1 Section 2.Termination of Temporary Sewer Extension Agree- Upon connection of each property in the above-described ter- to the permanent sanitary sewer system of the City of Marys- the tempoary sewer extension agreement previously executed J hereby certify this to be a tr-ue and corred·co~,' of th0 cr;'Jinal on Uk..,in rr:y o.hcc .::is part of hi offici Y'-l;S cf t~la ci···.--.~~_rY.1\"i:le ments. ritory ville, 8705210 .032 VOl.205 6PA6£18Ss=it y Clerk ________________D_ate~_-_-~_mL-J'~Jq,/987 ---_.---------------------------------------------, .., .,." with respect ot said property shall be deemed to have terminated; provided,that such termination shall not relieve the owners of the SUbject property from their continuing obligation to indemnify and hodl the City of Marysville harmless from any liabilities which may have arisen during the term of said contract. Section 3.Special Discharge Limitations.At the time of executing the temporary sewer extension agreements for each of the properties in the above-described territory,development plans were submitted allow- ing the City to calculate the maximum impact which could be anticipated on the City's sewer system.Said development plans were consistant with the then existing zoning for the properties.Development of said properties may hereafter be modified only to the extent that the resultant sewage flows are not appreciably greater than those which were anticipated in the original development plans.Sewer service will not be available to a development which requires a rezone or which appreciably increases the sewage flow from the property unless the City finds that such sewer service would not exceed the capabil- ities of the City's system or deprive other system users of their fair share of capacity.For ease of reference,a summary of the original development plans and zoning classifications is attached hereto as Exhibit A and incorporated herein by this reference. Section 4.Abandoned Temporar~Sewer Line.The owners of the property within the above-descr~bed territory shall be responsi- ble for removal of the temporary sewer line previously serving said properties,or for taking such other precautions as may be required by affected property owners and governmental authorities.Said owners agree to indemnify and hold the City harmless from and against any and all claims which may arise from the removal of said sewer line or from its continued presence after termination of its use. Section 7.Connection Fees.Prior to connecting to the permanent sewer system,all properties shall be required to bring their utility accounts current,including payment of any delinquent monthly service charges,truck sewer charges and capital improvement charges,as specified in the temporary sewer extension aqr aemerrcs,' At the time of connection to the permanent sewer system,an install- ation and inspection fee will be charged by the City,but there will I hereby cerlify this to be a true and correct copy of the original on file in my office as part of the offici _,s of the city of vil1e Section 5.Monthly Service Charges for vacant Property. Notwithstanding any provisions in the temporary sewer extension agree- ments signed by the respective property owners,the obligation to pay monthly service charges,as reservation fees,for vacant properties which are not yer connected to the sewer system shall terminate effective March 1,1986.In the event that ULID No.10 is not final- ized,the City reserves the right to reinstate the original temporary sewer extension agreements,including the requirement of monthly service charges from vacant properties. Section 6.Required Connections.Within six (6)months after completion of construction of permanent sewer system by ULID No.10,all occupied properties in the above-described territory shall disconnect from the temporary sewer system and shall connect to the permanent sewer system. ·.,, be no utility main charge and there will be no capital improvement charge for any connection which was anticipated and already paid for pursuant to the temporary sewer extension agreement. Section 8 No Recovery From Latecomers.The City reserves the right to authorize properties located outside of ULID No. 10 to connect to the sewer constructed by said ULID,provided that such connections do not jeopardize the quality of utility service.Such "latecomer" connections shall comply with all applicable City ordinances,includ- ing those relating to connection portion of such fees or charges shall be payable to the owners of property within the original boundaries of ULID No.10;no "recovery contracts"shall be author- ized by the City with respect to the sewer lines constructed by ULID No.10. ~OPTED by the City Council and APPROVED by the Mayor thisRIi(,day of ?'De.ceIj,G€.R-,1986. THE CITY OF MARYSVILLE MAYOR ATTEST: B~iliJ-eL~iTY CLERK APPROVED AS TO FORM: Byf:Y VOL.2056PAGE1888 15 1987 )Date __--'!.£..~*~7--'-'c....::.J---- Resolution - 3 8 'j U;)2 1 u 032 ... '"'", =:':.--------~":..' , i l ~iI ',, I i , I i, i 56PAGE1889 --->-..... PARCEL 1 , I i \ \ \ \ f~--------"-====- I, i~ ii;\ ,'-',\~ , \\u, •\1 \ ,\ I PARCEL 2 i \\', I \ i\' ,\ \ iii .. ".. '"'" >:.. ".. "I, " ",- ""':'I"" IS6 TH, PARCEL 4 ------.,------.". RY ERS " .':,:'=-__-..:-_-_-_-_~-__t} ,:=:.=.===::_----~---===- N 1-:1000':! .....' ".. -'--·..,~ :: -,,, ,) :2 __-;~_:.~_:.-_-__:.~=:= LEGEND ~BOUNDARY OF U.L.I.D.TERRIT ~_'~'-PROPOSED SE tU ':."':.::;:".., h9 '.'.'. ULID 10 BOUNDARY DESCRIPTION CONSISTING OF THE FOLLOWING NON-CONTIGUOUS FOUR PARCELS PARCEL I Lots 1 through 7 of Smokey Point Service Center, according to plat recorded in Volume 41 of Plats on page 29, records of Snohomish County. Washington. TOGETHER WITH: PARCEL 2 All those portions of the northeast quarter of Section 30,Township 31 North,Range 5 East,W.M.;more particularly described as follows: . BEGINNING at the northeast corner of Lot 22 of Block 1 of Funk's First Plat of Lakewood,according to plat recorded in Volume 6 of Plats, on page 49, records of Snohomish County,Washington; thence south along the westerly right-of-way margin of McBride Avenue to the south line of Conners Street; thence easterly along said south line to the westerly right-of-way margin of Buell Avenue; thence southeasterly along said westerly margin 391 feet; thence south 63°31' west 34B.9 feet; thence north 36 feet,more or less; thence west 243.76 feet to the east line of Block 6 of said Funk's First Pl at; thence south along said east line to the southeast corner of said Block 6; thence east 60 feet,more or less,to the northeast corner of the northwest quarter of the southeast quarter of the northeast quarter of said Section 30; thence south to the southeast corner thereof; thence west along the subdivision line to the east right-of-way margin of John Street (Jacobson-Lakewood Road); thence north along said east margin to the south right-of-way margin of. 172nd Street N.E.(Lake Goodwin Avenue); Date 8705210032 thence east along said south margin to the west line of the east 208 feet of the northwest qua rter of the northeast quarter.~of safi nhSection d30'ncrecy cern yl lS to De a true an correct copy •of the original on file in my office as part of th offi'roc rds of the . y ary~ .'.',, ·,''; ,. thence south along said west line 262 feet; thence east 20B feet to the east line of said northwest quarter of northeast quarter; thence north along said east line B4 feet; thence east 55 feet;thence north 4B feet to the north line of Lot 12 of Block 1 of said Funk's First Plat of Lakewood; thence east to the northwest corner of Lot 22 of said Block 1 and the TRUE POINT OF BEGINNING. ALSO: Lots 11 through 15 of Block 3 of Funk's First Plat of Lakewood, according to plat recorded in Volume 6 of Plats,on page 49, records of Snohomish County,Washington; Together with that portion of the south half of vacated Walsh Street adjoining said Lot 11; Together with that portion of the west half of vacated alley adjoining to said Lots 11 through 15. TOGETHER WITH: PARCEL 3 All that portion of the south half of the north half of the south- east quarter of Section 29,Township 31 North,Range 5 East,W.M.,lying westerly of the westerly right-of-way margin of P.S.H.No.1 (S.R.5); EXCEPT the west 125 feet thereof,and except the south 31.7 feet thereof. ALSO: All that portion of the north half of the north half of the south- east quarter of Section 29,Township 31 North,Range 5 East,W.M.,lying westerly of the westerly right-of-way margin of P.S.H. NO.1 (S.R.5); EXCEPT the north 200 feet thereof. ALSO: The north half of the northeast quarter of the southwest quarter of Section 29,Township 31 North,Range 5 East,W.M.;. EXCEPT the north 200 feet thereof,and thereof. 8705210092 except the west 700 feet VOL 2056PAGE1891 j hereby certily this \0 be a true and correct copy of the onqinel on file In my office as part of the officia ".r S of the city f M sviJle ',' ------,------------------------------- TOGETHER WITH: PARCEL 4 That portion of Tract C of Vacated Plat of Lakewood Village Division 1 described as follows: COMMENCING at the northeast corner of said Tract C; thence south 07°07'00"east along the east line thereof 54 feet to a point of curve; thence southerly along the arc of a curve to the right an arc distance of 132.5 feet;said curve having a radius of 187.61 feet and a central angle of 40°27'59"; thence south 33°20'59" west 89.63 feet to the TRUE POINT OF BEGINNING: thence continue south 33°20'59" west 175.81 feet to a point of curve; thence southwesterly along the arc of curve to the right an arc distance of 45.99 feet,said curve having a radius of 60 feet and a central angle of 43°55'18"; thence south 77°16'17" west along the south line of said Tract C a distance of 160.49 feet; thence north 33°20'59"east 200 feet; thence north 77°16'17"east 184.68 feet to the TRUE POINT OF BEGINNING. ALSO: That portion of the west half of the southeast quarter of Section 20, Township 31 North,Range 5 East,W.M.,lying westerly of S.R. 5 more particularly described as follows: BEGINNING at the northwest corner of the northwest quarter of the southeast quarter of said Section 20; thence south 00°11'29"east along the north-south center line of said Section 20 a distance of 1200 feet; thence south 70°00'00"east 364 feet; thence south 20°00'00"west 252.20 feet; thence south 70 000'OO"_east 397.70 feet; thence north 82°53'00"east 325.45 feet to the westerly right-of-way line of S.R. 5, said point being described as Point "A";VOL.2056PAGE1892 1 hereby cerhly this to be a true and correct copy of the original on file in my office as part of the offic·.-rds of the ci of rysvill S10.5.210 03$ ".' .; .", thence north 07°07'00" west along the westerly right-of-way of S.R. 5 a distance of 1700 feet,said point being the intersection with the north line of the northwest quarter of the southeast quarter of said Section 20,said point bears north 87°41'20"east from the TRUE POINT OF BEGINNING;, thence south 87°41'20" west along the north line of the northwest quarter of the southeast quarter of said Section 20 a distance of 745.51 feet to the TRUE POINT OF 8EGINNING. TOGETHER WITH: Beginning at above described Point A; thence south or07'OO"east along the westerly right-of-way of S.R. 5 a distance of 240.84 feet; thence south 06°10'55" west along westerly right-of-way of S.R. 5 a distance of 282.58 feet; thence south 33°27'37"west along westerly right-of-way of S.R. 5 a distance of 67.94 feet; thence north 56°32'23"west 60.00 feet; thence along the arc of a 220 foot radius curve to the left 104.74 feet and contains a central angle of 27°16'42"; thence north 06°10'55"east 182 feet; thence along the arc of a 220 foot radius curve to the left 51.06 feet and contains a central angle of 13°17'55"; thence north 07°07'00" west 208.20 feet,said point bears south 82°53'00" west from the TRUE POINT OF BEGINNING; thence north 82°53'00"east 60 feet to the TRUE POINT OF BEGINNING. Except portion lying within 172nd Place N.E. ALSO: That portion of the west half of the southeast quarter of Section 20, Township 31 North,Range 5 East,W.M.,lying west of State Highway and being a portion of vacated Plat of Lakewood Village Division 1 described as follows: That portion of the west half of the southeast quarter of Section 20 lying westerly of State Highway and southerly of the following described line:VOL.2056PA6E1893 BEGINNING at the northwest corner of the southeast quarter of Section 20; 8705,2100S i northwest quarter of the J her-eby certify this to be a true and correct copy of the oriqmel on file in my office as part of the officia "ds of the city of er iIle Date '..-..': thence south 00°11'29"east along the north-south center line of said Section 20 a distance of 1200 feet and the BEGINNING of said line; thence south 70°00'00"east 364 feet; thence south 20°00'00" west 252.20 feet; thence south 70°00'00"east 397.70 feet; thence north 82°53'00"east 325.45 feet to the westerly right-of-way line of S.R. 5,said point being described as Point "A",and also the terminus of said line. ALSO LESS: Beginning at above described Point A; thence south 07°07'00"east along the westerly right-of-way of S.R. 5 a distance of 240.84 feet; thence south 06°10'55" west along westerly right-of-way of S.R. 5 a distance of 282.58 feet; thence south 33°27'37" west along westerly right-of-way of S.R. 5 a distance of 67.94 feet; thence north 56°32'23" west 60.00 feet; thence along the arc of a 220 foot radius curve to the left 104.74 feet and contains a central angle of 27°16'42"; thence north 06°10'55"east 182 feet; thence along the arc of a 220 foot radius curve to the left 51.06 feet and contains a central angle of 13°17'55"; thence north 07°07'00" west 208.20 feet,said point bears south 82°53'00" west from the TRUE POINT OF BEGINNING;. thence north 82"53 '00"east 60 feet to the TRUE POINT OF BEGINNING. ALSO LESS portion lying within 172nd Place N.E. ALSO LESS that portion of Tract C of Vacated Plat of Lakewood Village Division 1 described as follows: COMMENCING at the northeast corner of said Tract C; VOL.2056PAGE1894 to the right an arc distance of 187.61 feet and a central J '.~.,',,,certify this to be a true and correct copy 01 the original on file in my office as part oJ the ofhcia roc rds of the city , sville thence south 07°07'00"east along the east 1ine thereof 54 feet to a point of curve; thence southerly along the arc of a curve of 132.5 feet,said curve having a radius angle of 40 027'59"; 8705210082______________________~~_,f thence south 33°20'59" west 89.63 feet to the TRUE POINT OF BEGINNING: thence continue south 33°20'59" west 175.81 feet to a point of curve; thence southwesterly along the arc of curve to the right an arc distance of 45.99 feet,said curve having a radius of 60 feet and a central angle of 43°55'18"; thence south 77°16'17"west along the south line of said Tract C a distance of 160.49 feet; thence north 33°20'59"east 200 feet; thence north 77°16'17"east 184.68 feet to the TRUE POINT OF BEGINNING. LESS additional right-of-way to Snohomish County per Statutory Warrante~ Deed Volume 1898,page 479, Auditors File No.8505060137 lying southerly of the following described line: BEGINNING at a point on the westerly property line of the above- described parcel 50 feet northerly from,as measured at right angles to south line of Section 20; thence easterly on a line 50 feet north of and parallel with said section line 190 feet more or less to the easterly property line of the above-described parcel and the terminus of said line. VDL.2056PAGE1895 2?l(j IS;1987 L3-35a 87052100S1 • •..',;xc.:wr3\...t-oj...~Jt '.H.c.oI-0 r;/e- CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO./214,1 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A VARIANCE TO CHAPTER 14.32 OF THE MARYSVILLE MUNICIPAL CODE (RUSA),AND AUTHORIZING SEWER CONNECTIONS TO PROPERTIES LOCATED WITHIN ULID NO.10 WHEREAS,commencing in 1975 the City of Marysville entered into certain temporary sewer extension agreements with property owners located in the northwest and southwest quadrants of the intersection of I-5 and 172nd Street N.E.;and WHEREAS,said property owners have now formed ULID No. 10 for the construction of permanent sewers,and desire to abandon the temporary system previously constructed and the contracts with the City relating thereto;and WHEREAS,the subject property is situated outside of the Rural Utility Service Area of the City of Marysville and can only be served with a permanent sewer system if a variance is granted pur- suant to Section 14.32.060(d)of the Marysville Municipal Code;NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Marys- ville,Washington as follows: Section 1.RUSA Variance.That certain property located in the northwest and southwest quadrants of the intersection of I-5 and 172nd Street N.E.,being more particularly described in Ordinance 1456 as the territory of ULID No.10,is hereby granted a RUSA var- iance pursuant to Section 14.32.060(d)of the Marysville Municipal Code on the basis of the special circumstances which arise from the temporary sewer extension agreements which have been in existence for over ten (10)years with respect to the subject property.All lots within said property are hereby authorized to connect to the sanitary sewer system of the City of Marysville,subject to com- pliance with the provisions of this resolution and all applicable provisions of Title 14 of the Marysville Municipal Code. ments. ritory ville, Section 2.Termination of Temporary Sewer Extension Agree- Upon connection of each property in the above-described ter- to the permanent sanitary sewer system of the City of Marys- the tempoary sewer extension agreement previously executed -' Resolution -1 , .'' with respect ot said property shall be deemed to have terminated; provided,that such termination shall not relieve the owners of the sUbject property from their continuing obligation to indemnify and hodl the City of Marysville harmless from any liabilities which may have arisen during the term of said contract. Section 3.Special Discharge Limitations.At the time of executing the temporary sewer extension agreements for each of the properties in the above-described territory,development plans were submitted allow- ing the City to calculate the maximum impact which could be anticipated on the City's sewer system.Said development plans were consistant with the then existing zoning for the properties.Development of said properties may hereafter be modified only to the extent that the resultant sewage flows are not appreciably greater than those which were anticipated in the original development plans.Sewer service will not be available to a development which requires a rezone or which appreciably increases the sewage flow from the property unless the City finds that such sewer service would not exceed the capabil- ities of the City's system or deprive other system users of their fair share of capacity.For ease of reference,a summary of the original development plans and zoning classifications is attached hereto as Exhibit A and incorporated herein by this reference. Section 4.Abandoned Temporar~Sewer Line.The owners of the property within the above-descr1bed territory shall be responsi- ble for removal of the temporary sewer line previously serving said properties,or for taking such other precautions as may be required by affected property owners and governmental authorities.Said owners agree to indemnify and hold the City harmless from and against any and all claims which may arise from the removal of said sewer line or from its continued presence after termination of its use. Section 5.Monthly Service Charges for Vacant Property. Notwithstanding any provisions in the temporary sewer extension agree- ments signed by the respective property owners,the obligation to pay monthly service charges,as reservation fees,for vacant properties which are not yer connected to the sewer system shall terminate effective March 1,1986.In the event that ULID No.10 is not final- ized,the City reserves the right to reinstate the original temporary sewer extension agreements,including the requirement of monthly service charges from vacant properties. Section 6.Required Connections.Within six (6)months after completion of construction of permanent sewer system by ULID No.10,all occupied properties in the above-described territory shall disconnect from the temporary sewer system and shall connect to the permanent sewer system. Section 7.Connection Fees.Prior to connecting to the permanent sewer system,all properties shall be required to bring their utility accounts current,including payment of any delinquent monthly service charges,truck sewer charges and capital improvement charges,as specified in the temporary sewer extension agreements. At the time of connection to the permanent sewer system,an install- ation and inspection fee will be charged by the City,but there will Resolution - 2 '. .". ..'' ," be no utility main charge and there will be no capital improvement charge for any connection which was anticipated and already paid for pursuant to the temporary sewer extension agreement. Section 8 No Recovery From Latecomers.The City reserves the right to authorize properties located outside of ULID No. 10 to connect to the sewer constructed by said ULID,provided that such connections do not jeopardize the quality of utility service.Such "latecomer" connections shall comply with all applicable City ordinances,includ- ing those relating to connection portion of such fees or charges shall be payable to the owners of property within the original boundaries of ULID No.10;no "recovery contracts"shall be author- ized by the City with respect to the sewer lines constructed by ULID No.10. ~OPTED by the City Council and APPROVED by the Mayor thisf?t:I(,day of ?Decf-'1.«l€.R-,1986. THE CITY OF MARYSVILLE MAYOR ATTEST: B~00±~TY CLERK APPROVED AS TO FORM: BY0j Resolution - 3 , ULID 10 BOUNDARY DESCRIPTION CONSISTING OF THE FOLLOWING NON-CONTIGUOUS FOUR PARCELS PARCEL 1 Lots 1 through 7 of Smokey Point Service Center, according to plat recorded in Volume 41 of Plats on page 29, records of Snohomish County, Washington. TOGETHER WITH: PARCEL 2 All those portions of the northeast quarter of Section 30,Township 31 North,Range 5 East,W.M.;more particularly described as follows: BEGINNING at the northeast corner of Lot 22 of Block 1 of Funk's First Plat of Lakewood,according to plat recorded in Volume 6 of Plats, on page 49, records of Snohomish County,Washington; thence south along the westerly right-of-way margin of McBride Avenue to the south line of Conners Street; thence easterly along said south line to the westerly right-of-way margin of Buell Avenue; thence southeasterly along said westerly margin 391 feet; thence south 63°31' west 348.9 feet; thence north 36 feet,more or less; thence west 243.76 feet to the east line of Block 6 of said Funk's First Plat; thence south along said east line to the southeast corner of said Block 6; thence east 60 feet,more or less,to the northeast corner of the northwest quarter of the southeast quarter of the northeast quarter of said Section 30; thence south to the southeast corner thereof; thence west along the subdivision line to the east right-of-way margin of John Street (Jacobson-Lakewood Road); thence north along said east margin to the south right-of-way margin of 172nd Street N.E.(Lake Goodwin Avenue); thence east along said south margin to the west line of the east 208 feet of the northwest quarter of the northeast quarter of said Section 30; ,.' thence south along said west line 262 feet; thence east 208 feet to the east line of said northwest quarter of northeast quarter; thence north along said east line 84 feet; thence east 55 feet;thence north 48 feet to the north line of Lot 12 of Block 1 of said Funk's First Plat of Lakewood; thence east to the northwest corner of Lot 22 of said Block 1 and the TRUE POINT OF BEGINNING. ALSO: Lots 11 through 15 of Block 3 of Funk's First Plat of Lakewood, according to plat recorded in Volume 6 of Plats,on page 49, records of Snohomish County,Washington; Together with that portion of the south half of vacated Walsh Street adjoining said Lot 11; Together with that portion of the west half of vacated alley adjoining to said Lots 11 through 15. TOGETHER WITH: PARCEL 3 All that portion of the south half of the north half of the south- east quarter of Section 29,Township 31 North,Range 5 East,W.M.,lying westerly of the westerly right-of-way margin of P.S.H.No.1 (S.R.5); EXCEPT the west 125 feet thereof,and except the south 31.7 feet thereof. ALSO: All that portion of the north half of the north half of the south- east quarter of Section 29,Township 31 North,Range 5 East,W.M.,lying westerly of the westerly right-of-way margin of P.S.H.No.1 (S.R.5); EXCEPT the north 200 feet thereof. ALSO: The north half of the northeast quarter of the southwest quarter of Section 29,Township 31 North,Range 5 East,W.M.; EXCEPT the north 200 feet thereof,and except the west 700 feet thereof. .' TOGETHER WITH: PARCEL 4 That portion of Tract Cof Vacated Plat of Lakewood Village Division 1 described as follows: COMMENCING at the northeast corner of said Tract C; thence south 07°07'00"east along the east line thereof 54 feet to a point of curve; thence southerly along the arc of a curve to the right an arc distance of 132.5 feet,said curve having a radius of 187.61 feet and a central angle of 40°27'59"; thence south 33°20'59"west 89.63 feet to the TRUE POINT OF BEGINNING: thence continue south 33°20'59"west 175.81 feet to a point of curve; thence southwesterly along the arc of curve to the right an arc distance of 45.99 feet,said curve having a radius of 60 feet and a central angle of 43°55'18"; thence south 77°16'17"west along the south line of said Tract C a distance of 160.49 feet; thence north 33°20'59"east 200 feet; thence north 77°16'17"east 184.68 feet to the TRUE POINT OF BEGINNING. ALSO: That portion of the west half of the southeast quarter of Section 20, Township 31 North,Range 5 East,W.M.,lying westerly of S.R. 5 more particularly described as follows: BEGINNING at the northwest corner of the northwest quarter of· the southeast quarter of said Section 20; thence south 00°11'29"east along the north-south center line of said Section 20 a distance of 1200 feet; thence south 70°00'00"east 364 feet; thence south 20°00'00.west 252.20 feet; thence south 70°00'00"east 397.70 feet; thence north 82°53'00"east 325.45 feet to the westerly right-of-way line of S.R. 5,said point being described as Point "A"; ..,I thence north 07°07'00" west along the westerly right-of-way of S.R. 5 a distance of 1700 feet,said point being the intersection with the north line of the northwest quarter of the southeast quarter of said Section 20,said point bears north 87°41'20"east from the TRUE POINT OF 8EGINNING; thence south 87°41'20" west along the north line of the northwest quarter of the southeast quarter of said Section 20 a distance of 745.51 feet to the TRUE POINT OF 8EGINNING. TOGETH ER WITH: Beginning at above described Point Ai thence south 07°07'00"east along the westerly right-of-way of S.R. 5 a distance of 240.84 feet; thence south 06°10'55" west along westerly right-of-way of S.R. 5 a distance of 282.58 feet; thence south 33°27'37" west along westerly ri ght-of-way of S.R.5 a distance of 67.94 feet; thence north 56°32'23" west 60.00 feet; thence along the arc of a 220 foot radius curve to the left 104.74 feet and contains a central angle of 27°16'42"; thence north 06°10'55"east 182 feet; thence along the arc of a 220 foot radius curve to the left 51.06 feet and contains a central angle of 13°17'55"; thence north 07°07'00" west 208.20 feet,said point bears south 82°53'00" west from the TRUE POINT OF BEGINNING; thence north 82°53'00"east 60 feet to the TRUE POINT OF BEGINNING. Except portion lying within 172nd Place N.E. ALSO: That portion of the west half of the southeast quarter of Section 20, Township 31 North,Range 5 East,W.M.,lying west of State Highway and being a portion of vacated Plat of Lakewood Village Division 1 described as follows: That portion of the west half of the southeast quarter of Section 20 lying westerly of State Highway and southerly of the following described 1 i ne: BEGINNING at the northwest corner of the northwest quarter of the southeast quarter of Section 20; thence south 00°11'29"east alonq the north-south center line of said Section 20 a distance of 1200 feet and the BEGINNING of said line; thence south 70°00'00"east 364 feet; thence south 20°00'00" west 252.20 feet; thence south 70°00'00"east 397.70 feet; thence north B2°53'OO"east 325.45 feet to the westerly right-of-way line of S.R. 5,said point being described as Point "A",and also the terminus of said line. ALSO LESS: Beginning at above described Point A; thence south 07°07'00"east along the westerly right-of-way of S.R. 5 a distance of 240.84 feet; thence south 06°10'55"west along westerly right-of-way of S.R. 5 a distance of 282.58 feet; thence south 33°27'37" west along westerly right-of-way of S.R. 5 a distance of 67.94 feet; thence north 56°32'23"west 60.00 feet; thence along the arc of a 220 foot radius curve to the left 104.74 feet and contains a central angle of 27°16'42"; thence north 06°10'55"east 182 feet; thence along the arc of a 220 foot radius curve to the left 51.06 feet and contains a central angle of 13°17'55"; thence north 07°07'00" west 208.20 feet,said point bears south 82°53'00" west from the TRUE POINT OF BEGINNING;~ thence north 82°53'00"east 60 feet to the TRUE POINT OF BEG INNING. ALSO LESS portion lying within 172nd Place N.E. ALSO LESS that portion of Tract C of Vacated Plat of Lakewood Village Division 1 described as follows: COMMENCING at the northeast corner of said Tract C; thence south 07°07'00"east along the east line thereof 54 feet to a point of curve; thence southerly along the arc of a curve to the right an arc distance of 132.5 feet,said curve having a radius of 187.61 feet and a central angle of 40°27'59"; ~~----! :.. thence south 33°20'59"west 89.63 feet to the TRUE POINT OF BEGINNING: thence continue south 33°20'59"west 175.81 feet to a point of curve; thence southwesterly along the arc of curve to the right an arc distance of 45.99 feet,said curve having a radius of 60 feet and a central angle of 43°55'18"; thence south 77°16'17"west along the south 1i ne of said Tract Ca distance of 160.49 feet; thence north 33°20'59"east 200 feet; thence north 77°16'17"east 184.68 feet to the TRUE POINT OF BEGINNING. LESS additional right-of-way to Snohomish County per Statutory Warrantee Deed Volume 1898,page 479, Auditors File No.8505060137 lying southerly of the following described line: BEGINNING at a point on the westerly property line of the above- described parcel 50 feet northerly from,as measured at right angles to south line of Section 20; thence easterly on a line 50 feet north of and parallel with said section line 190 feet more or less to the easterly property line of the above-described parcel and the terminus of said line. L3-35a ... '""", :.-:..-------_"-=.~, i i i; ,rw.t:1t.1• ,._.__::::J==~= .I .I I ! I "r r i \ \ \ \ \ \ ! \ >i --'-..... PARCEL 1 "..,... "I,,. "" "I'':I, "" PARCEL 4 1$6 r« =::===~\. ==:===::: '.. ..... .~ '7--~----------~~---.. ,;:.=:.:=:.:::_---.--••-.=.==- 1-:1000':! -----~:.=-- ,,, LEGEND ~BOUNDARY OF . ...U.L.I.D.TERRIT RY "_.~••PROP~-=.~-=::__OSED SE ERS , >i.. ---~.~ )--