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AG 97-168 CITY OF FEDERAL WAY LAW DE ARTMENT CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORII>INATINI> O!:PT./OIV.. PLJ 5f~ I'fPJ- Mi/før EXT:JL14 3. DAT!: R!:Q. By: 2. ORII>INATINI> STAFF PERSCN: 4. TYPE OF DOCUMENT REQUo:BT!:C (CHECK CNE): 0 PRC~£BSICNAL SERVICES AGREEMENT 0 MAINTo:NANC£lLASCR AGR£EM£NT 0 PUBLIC WDRKS CDNTAACT 0 SMALL PUSL'C WCRKS CDNTRACT IU.. THAN 'OB,OOOI 0 S£CURITY CCCUM£NT 1<,... A.'«N<NT .. .<o"M~N 'ON", ...'SHH<NT O. "'NO. 'N L«u O. 'OHO' 0 PURCHAS!: A"RUMENT IMAUO'A", '.RRU<., E.U'.H<NTI 0 CDNTRACTDR S!:LECTIDN CCCUMENT 1<,... R", ..", .'13' 0 CDNTRACT AMENDMENT AG#: 0 EASEMENT 0 OTHER 0 REAL ESTATE PURCHASE .. SALES A"RE£M£NT :: :::~: ::::Ao:J d¥~~~ -Z Ks ~~ s ~ TYPE CF PERSCN CR ENTITY (CHECK CNE): 0 IND'VIDUAL 0 PARTNERSH'P 0 SDLE PRDPRIETDRSH'P STAn: 0 CDRPDRATIDN TAX ID#/SS#: SII>NATUR!: NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHISIT A' A CCMPLETE ANC D!:TAILED Do:BCRIPTICN o~ TH!: SERVIC!:S CR SCCPE CF WORK, INCLUDINI> CCMPL!:TlCN DATES ~CR EACH PHASE OF WCRK ANC LCCATICN O~ WCRK, B. TERM: CCMMENCEM!:NT DATE: CCMPLETICN DAT!:: 9. TOTAL COMPENSATION: $ (INCLUD!:S !:XPENSo:B AND SALES TAX, IF ANY) n. CA.CU~UO ON HaUO.T ~.O. CHA..< . ATTACH .'H<OU~. O. <H..onu TOm. ANO HOU..V -U.' REIMBURSASL!: EXP!:NBEB: DYES ONo IF YES, MAXIMUM DOLLAR AMCUNT: $ Is SALES TAX OW!:D? 0 YES ONo IF YES, $ PAIC BY: 0 CCNTRACTCR OCITY 10, SELECTICN PRCCESB USED (GHECK CNE): 0 R£QU£BT ~CR SIDS 0 REQU£BT FDR PRDPDSALS 0 R£GU£BT ,DR QUDTEB 0 R£QUEST ,DR QUALIFICAT'DNS 0 ARCH'TECT & ENGIN££R LIST 0 SMALL WDRKS RDsnR 1 1. CDNTRACT REVIEW INITIAL/OAT!: ApPROVED 0 OIR!:CTCR ~w (ALL CDNTRACTa' Þ RISK MANAGEMENT IA.. CONT_~. <XC<.T AH<NOH<NT., CONT_CTa. .mSTlON OOCUH<NTO !::I'~ t.- 7131 Ie; 7 , 0 PURCHASING 12. CONTRACT SIGNATURE ROUTING 9)LAW O£PARTMENT b C'T~ANAGER ~y CLERK 0 S'GN£D CCPY BAC'tflD11~~T'NG D£PT, 0 ASSIGNED AG # - 7 0 PURCHASING: PL£AS£ CHAR"£ TD: COMMENTS ~ - ;Jwt ~ð-- M Ýò '4úrct -b þCt1M -f; I I~¿ --- 4sn- f WH'TE' eO'.'NA. .TATS WoTH CONT.ACT c.... TO STA.. PINK' .AW em, GO.OENRoe. ca'.'NATON. aTA.. LOA" 'R<. ..... 16 ql-ILø~ After recording, return to: Federel Wey City Attorney 33630 1et Wey S. Federel Wey, WA 98003 Document Title: Grantor: Grantee: Legal Description: Possession and Use Agreement Beverly Sue Taylor City of Federal Way Portion of Lot 8, Block 6, Veutopia Division No.3, Vol. 64 Plats, page 67 Assessor's Tax ParcellD# 896580-0080-02 CITY OF FEDERAL WAY POSSESSION AND USE AGREEMENT (SW 325TH STREET &. 21ST AVE SW) THIS POSSESSION AND USE AGREEMENT ("Agreement") is dated effective the 16th day of July, 1997. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation, ("City"), and Beverly Sue Taylor ("Owner"). A. The Owner owns certain real property located at 2105 SW 326th Street, Federal Way, Washin9ton and legally described on Exhibit "A" attached hereto and incorporated by this reference ("Property"); and B. The Property is required by the City for street and related improvements; and C. Arty delay in the City's construction program is contrary to the public interest; and D. The City has made a firm and continuing offer to pay the amount of Five Thousand Dollars and no/1oo ($5,000.00) for the purchase of the Property pursuant to the terms and conditions of a certain Purchase and Sale Agreement attached hereto as Exhibit "B" and incorporated by this reference; and F. The Owner wishes to grant the possession and use of the Property to the City for the purpose of commencing construction; and G. The Parties require time in order to close the sale of the Property to the City; and t(Q)~1f NOW, THEREFORE, the Parties agree as follows: 1. Citv Pavment. Upon the execution of this Agreement, the City will pay into escrow at Pacific Northwest Title Company of Washington, Inc. an amount equal to Five Thousand Dollars and no/1oo ($5,000.001. This amount shall be disbursed to the Owner upon closing of the sale of the Property from Owner to the City. 2. Condemnation. The Parties acknowledge that the Property is necessary for public use of the City. If it becomes necessary for the City to institute condemnation proceedings, the Owner has no objection to the City's entering an Order Adjudicating Public Use and Necessity, and that this Agreement will be treated as and accorded the same provisions as an Order for Immediate Possession and Use. 3. Possession. The Owner hereby surrenders possession of the Property to the City on the effective date of this Agreement. 4. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or any Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, said Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof. or delay in taking any action in connection with. shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. THE CITY OF FEDERAL WAY £'br~ By: ...~ K¿ tj .fer Kenneth E. yberg City Manager -2- '~'-Ù Uv"':\ C\ ~ ,Beverly Sue Taylor OWNER STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me,'i3e:V~'l SlAt:: TA-'l'-DIZ- to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this l6fì" day of ,jvU..- \ (¡,~^~Q~>~ " ; , (notary signature) L-'(1--.l14A-E M~r-1 (typed/printed name of notary) Notary Public in and for the State of Washingt~n. . , ~ ^ , r~, v.V a. My COIIIIIlISSIon explfeS: ,v4 l'U ,T l V ., r .~\\Im!"", ,v' ,- AND I"~ ~',;,"::-,':""//J '.:..:. .:-- ~'.. ,.,on ""<Po ~ :O"",'¿.' ~"~~ :'?i't' Na~ ~": § . PUBLIC':: -:. ",", ., :." :: c: if\ :"¡- "".:<::i:::: '/-1' ", , 3 \"V:::: "~lCF\'ik5;r8'\\," /1/11111111\\ , 19j]. -3- STATE OF WASHINGTON) ) ss. COUNTY OF KING) (CITY MANAGER NOTARY) On this day personally appeared before me. the undersigned. a Notary Public in and for the State of Washington. duly commissioned and sworn. Philip D. Keigh(ley, to me known to be the Deputy City Manager of the City of Federal Way. a Washington municipal corporation, the corporation that executed the foregoing instrument. and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. and on oath stated that he was authorized to execute the said instrument. GIVEN my hand and official seal this !.sf day of f+ U j u.i-+ ~. j)' ",,"""'Àò'è"', ~ A~~ :-t'.~~"""" :I~n"f, , (notary ~nature) -N-Y.-~.;.s-~"U';""- C / b ' ;'iijj-;pr--._:"I#}V'" C-I PP_"J Ö ¡iI.)(>¡~ : ¡ ~OTARy ~, (typed/printed name of notary) ~ ~ Pû'¡c, i Notary Public in and for the State of Washington ~':!?>.\ BL /~! My commission expires: I-~q- C¡<?' t '"?X't. -1'29.9'6..... ,A'" - tf~<"Q""""'-' _\~:: 'I"~ If: WASv;.~, """"...." , 1 stlJ.. -4- (' r EXHIBIT "A" All that portion of Lot 8, Block 6, in the Plat of Vuetopia, Division number 3 lying Easterly of the following descóbed line: Beginning at a point on the South line of said Lot 8, said point being 40,00 feet Westerly of the óght-of- way centerline for 21st Avenue Southwest as measured at óght angles to said centerline; thence N 00°59'04" E, parallel with said centerline, for a distance of 122.10 feèt to a point of tangency with a curve to the left having a radius of 20.00 feet; thence Northerly and Westerly along said curve for an arc length distance 001.38 feet through a central angle of 89°54'13" to a point of tangency with the Southerly óght- of-way line for Southwest 326th Street and the end of said descóbed line. TOGETHER WITH the óght to make and maintain siopes for cuts or fills upon the property adjacent to that specifically descóbed, in order that the street or streets may be graded to the proposed grade level in a reasonable and proper manner. ( EXHIBIT "B" REAL E5TATE fURCHASE AND SALE AGREEMENT The City of Federal Way, a Washington municipal corporation ("Purchaser") agrees to purchase, and Beverly Sue Noyes, fonnerly known as Beverly Sue Taylor, as her separate estate, ("Seller"), agrees to sell, on the following tenns, certain real property located in Federal Way, W.ashington and legally described in Exhibit A, and as depicted in Exhibit A-I attached hereto and incorporated by this reference ("Property"). 1. Tenns of Purchase 1.1 Purch..e Price. The total purchase price is Five Thousand and no/100 Dollars ($5,000.00), including earnest money. 1.2. Method of Payment. Payment will be in the fonn of cash or check, at closing. 1.3. Earnest Money. Seller acknowledges receipt from Purchaser of $1,000.00 in the form of a promissory note to be placed in escrow, as earnest money in partial payment of the purchase price. ., 2. Iilli: 2.1 Condition of Title. Title to the Property is to be free of all encumbrances or defects, except that rights reserved in federal patents or state deeds, building or use restrictions general to the area, other than platting and subdivision requirements, and utility easements shall not be deemed encumbrances or defects. Encumbrances to be discharged by the Seller shall be paid by the Seller on or before closing. ,--c- J »cJDsf~J ?-o be é",Ji;Tr?",{",-I 'Y! jo "'1 .II~,Y' -.....l ~ \. , 3, Cl!!sing C o~ ?'>"'-ia"".J -/' "A rl-,e- le~;,( ,/ .s, ~.... "J " I{jjP reT~,~J..j 1"0 ejcr,,~, '" re8"-O:7-Po,,-/,~A../ "-e.co~V"y<>.,cc 3.1 Closinf ofthf'. Sale. This sale shall be closed on or before :J '" 1'7 J 1997, after Purchaser's notice to Seller of Purchaser's satisfaction of the contingencies set forth in Section 4.1 herein, or at another time agreed to in writing by the parties. 3.2 Closing Agent. This sale shall be closed by a closing agent designated by Purchaser. Purchaser and Seller shall, immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 3.3 Closinf Costs and Proration. Purchaser shall pay the escrow fees. Taxes for the current year and all rents, interest, utilities and other liens and charges shall be prorated as of closing. Parties shall pay those charges accruing to the date of closing on or before the date of closing. -1- PARCEL: 896580-O080-TAYLOR ( 3. 4 ~,Purchaser shall be entitled to possession of the Property either pursuant to the terms of a possession and use agreement, or at closing, whichever occurs first. 3.5 Conv<:yance-Warrnnty Deed. Title shall be conveyed by statutory warranty deed in the form of Exhibit °BO attached hereto and incorporated herein by this reference. 4. Continfencies 4.1 The Continfencïe<. Purchaser's obligations under this Agreement are conditioned upon and subject to Purchaser's satisfaction, in its sole discretion, or Purchaser's written waiver of the following contingencies: (a) Purchaser's deternúßation that the soils of the Property, or structures or improvements on the Property, are free from any hazardous substances whatsoever, Seller shall reasonably cooperate with the Purchaser to provide such information that the Purchaser requests to the extent that such information or documents exist and are under the control of the Seller, and grant to the Purchaser the right to enter the Property at reasonable times to inspect and obtain necessary samples from the same. This contingency is solely for Purchaser's benefit and shall be determined in the exercise of Purchaser's sole discretion; (b) Final approval of this Agreement by the City Council of Federal Way; .. (c) The truth and accuracy of all representations and warranties of Seller; (d) The absence of any violation of federal, state or City laws including without limitation, all City codes, ordinances, resolutions, regulations, standards and policies, as now existing or hereafter adopted or amended, affecting the use, occupancy or condition of the Property; (e) Seller's failure to comply with the order of any court or governmental authority or agency pertaining to the Property or the use, occupancy or condition of the Property; (f) The pendency or threat of any litigation or proceeding relating to the Property; or (g) Any material change in the Property or the improvements on the Property occurring after the execution of this Agreement. 4.2 ContineelJ(;y Pericxl. In connection with the hazardous waste contingency contained in Section 4. 1 (a) herein, Purchaser has forty-five (45) days from the date of Purchaser's receipt of Seller's acceptance of this offer to notify Seller of Purchaser's determination; provided, however, that Purchaser shall have the right to extend this contingency pericxl for thirty (30) days upon notice of such extension from Purchaser to Seller, In connection with all other contingencies, Purchaser shall have until the closing date in which to notify Seller that it has -2- PARCEL: 896580-OO80-TAYLOR , /1.$ 0- I"c-~r ,,( /At; <--J'~~"'-'I!""':(, íL...e c';Y of- ¡:'-e~e~/ ';;"'" -'hr<""- ¿',tl-O ccT [1-.&.,[ ?;r/,e...:>«- ,re-Move '>J'<"(¡;,)( )/,I~.-- 1Y"ee.J ,5,1",....,:,7' ri-..<?... .sj-~""I'I ~..,)' re.Jrr (1.", 4"","- OJ Y>.ecp,J.> v', / (;-J CC¿:=7 <>7' íl..,e. coY>.st/,:'c.,-!oA ..¡C 1'7."" J-IJr --1--<- S,...... ~r s.w, J.:l.> "'k'77\ /"ro,,} " C?"'. '-l2!'-' "6<';;. G satisfied or waived satisfaction of the contingencies or has elected to tenninate this Agreemeni ..\, N . pursuant to such contingencies. 4,3 Expiration of Contin~enGY Period. If Seller does not receive the notice required by Section 4.2 prior to the closing date, this Agreement shall tenninate, at Purchaser's election, and the eamestmoney shall be relurned to Purchaser. 5. Seller's Reprt'Sent.ations and Warranti"" 5.1 Environmeorn Conditions. Notwithstanding the contingencies above, it is the Seller's obligation at its sole cost and expense to comply or ensure compliance with all federal, slate, foreign and local laws or administrative orders with respect to environmental conditions existing on the Property at closing including, without limilation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Spill Compensation and Control Act, and the Environmental Cleanup Responsibility Act. Such obligation, and any liability that Seller may have for any breach thereof shall survive the closing, .. In the event Purchaser discovers or is notified about the existence of any environmental condition (including, without limilation, a spill, discharge or contanùnation) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims, including claims of governmental entities, Purchaser shall promptly notify Seller and Seller shall, at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action and response thereto. In the event that Seller fails to so proceed with due diligence and good faith, the Purchaser may, at its option, proceed to take the appropriate action and shall have the rights to indemnity as set forth below. 5.2 No Material Defect. Seller is unaware of any material defect in the Property. 5.3 Debris and Pe"",na! PrQperty. Seller will remove all debris and personal property, prior to closing, located on the Property, if any, at Sellers cost and expense. 6. Seller's Indemnities Notwithstanding Purchaser's waiver or satisfaction of any of the contingencies, the Seller agrees to indemnify and hold harmless the Purchaser, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including without limilation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Purchaser, or asserted against Purchaser, by any other party or parties (including, without limilation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a represenlation or warranty as may be set forth herein, -3- PARCEL: 896580-OO80-TAYLOR ( c 7. NII1iœ Any notice made pursWlllt to this Agreement, must be in writing, signed by the Purchaser or Seller and delivered to the Purchaser or Seller at their respective addresses set forth below. Facsimile transmission of any signed original document shall not be the same as transmission of an original. 8, General Conditions 8.1 PerfOn11ance. Time is of the essence to this Agreement. 8.2 Entire A~reement. This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 8.3 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 8.4 Fun Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 8.5 ('1Overnin~ Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. ... 8.6 Ca.¡¡tions. The respective captions of the paragraphs of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. 9. Survival of Warranties The tenns, covenants, representations and warranties contained in this Agreement shall not merge in the Deed, but shall survive closing, 10. A¡:reement to Purchase Purchaser offers to purchase the Property on the tenns and conditions set forth herein. In the event Seller does not accept this offer on or before , 19_, this offer sha1I expire and tenninate. Dated this /sf day of IT/, r ,/ , 1921.. PURCHASER: CITY o~ER.AI; fAY By: . ð ~Ii ¡,. Kenneth E. Ny rg, ity Manager 33530 1st Way South Federal Way, WA 98003 (206) 661-4031 -4- PARCEL: 896580-OO80-TAYLOR ( APPROVED AS TO FORM: ~~ ~ctái. ,Ity Attorney Seller's A"""Ptanœ. Seller agrees to sell the Property on the terms and cqnditions in this Agreement. Seller acknowledges receipt of a copy of this Agreement on ~ -Zfj 19j1 signed by all parties, and acknowledges having read the terms and conditions herein. SELLER: ~~ -,j~~ ~û ~~'\. J-.>.- \J~ ~ Beverly Sue Nöfes, forme y known as ~ Beverly Sue Taylor .. 31327 10th PI. S.W. Federal Way, WA 98023 (206) 946-4867 i!i!II!8 I I Purchaser's ReceIpt. Purchaser acknowledges receipt of a Seller's signed copy of this Agreement on 1'1"') (; , 19~. PURCHASER, CITY OF FEDERAL WAY By: (t¡~ ~ t;¡J! K,IPORMSIP"8AGT,l 2-14-97 K,IPUBWORK\21A V.,25\TA YLOR,P&S -5- PARCEL: 896580-OO80.T AYLOR ( EXHIBIT "A" All that portion of Lot 8, Block 6, in the Plat ofVuetopia, Division number 3 lying Easterly of the following described line: Beginning ata point on the South line of said Lot 8. said point being 40,00 feet Westerly of the right-of- way centerline for 21st Avenue Southwest as measured at right angles to said centerline; thence N ooc59'Q4" E, parallel with said centerline, for a distance of 122.10 feet to a point of tangency with a curve to the left having a radius of 20,00 feet; thence Northerly and Westerly along said cwve for an arc length distance of31.38 feet through a central angle of 89°54'13" to a point of tangency with the Southerly right- of-way line for Southwest 326th Street and the end of said described line, -- TOGETIIER WITIi the right to make and maintlin slopes for cuts or fills upon the property adjacent to that specifically described, in order that the street or streets may be graded to the proposed grade level in a reasonable and proper manner. - CURVE C3 C4 'V ~O' & <f!! ß ~ .! 0" LOT 32 EXHIBIT "A-I" N89"oo'56"W 195,12' SW 325TH PL 65,12' C5 LOT 33 g; ~ ., 5 l1 = 90'05'47 Þ R = 20,00' Q- L = 31.45' .," ~ if;' ¡j'" [;j ~ q, "", Q- ~ q,'<" &- '<" .i-:;t N 1"=100' RADIUS 20,00' 20,00 LENGTH 31.38' 31.45 l1 = 89'54',3 R = 20,00' L - 31.38' LOT 15 a /!! « u 8 a .., lD 0 >- "0 "! 10.pO' :3r 30' ID 90.00' N "0 76,16' O,OO'~ :: ID LOT 16 56,33' SW 328TH 5T N88'55'09"W 190,52' ~ V1 ~ « a z N N ( 75.51' ì LOT 17 OELTA 89"54'13- 90'05'47 ( N8T49'39-E 94,14' "0 0 LOT 124 .0 '" 50' "0 "! :¡; LOT 126 8 :¡; LOT 127 "0 "! ;¡; LOT 128 LOT 129 LOT 130 0 50' 50':: LOT 131 ID " :> 6 '" 0 0 a: lD a: .., a ...J « ,- Return Address: City of Federal Way Attn: Law Dept. 33530 Ist Way S. Federal Way, WA 98003 EXHIBIT °BO STATUTORY WARRANTY DEED Grantor (s): Beverly Sue Noyes formerly known as Beverly Sue Taylor as her S<4Jarate estate Grantee (s): CITY OF FEDERAL WAY Property Legal Description (abbreviated): Tnt 8 Block 6 of VuetQpia Division 3 S I 3 1'2 I N R3 E WM , Additional Legal(s) on Exhibit A Assessor's Tax Parcel ID#(s): 896580-0080-û2 THE GRANTOR(S) BEVERLY SUE NOYR<; formerly known as Beverly Sue Taylor as her s~arate estate, for and in consideration of One Dollar ($1.00), and under the threat of the exercise of eminent domain, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, the real property described in Exhibit. A 0 herewith attached and made a part hereof, and any after-acquired interest therein, situated in King C;ounty in the State of Washington, DATED THIS day of ,1997, GRANTOR (Individual) GRANTOR (Corporate) (corporation name) Beverly Sue Noyes By: (signature) (typedlprinted name) (title) -1- PARCEL: 896580-0080 TAYLOR r APPROVED AS TO FORM: Landi K. Lindell, City Attorney [Individual Notary] STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personaIly appeared before me, Beverly Sue Noyes, formerly known as Beveraly Sue Taylor, to me known to be the individual(s) descn1>ed in and who executed the foregoing instrumoot, and on oath swore that he/she/they executed the foregoing instnnnent as hisIher/1beir free and voJumuy act and deed for the uses and purposes therein mentioned. GNEN my hand and official seal this - day of ,19_. (notary signature) (typedJprinted name of notary) Notary Public in and for the State of Washington. My commission expires K:\forms\3l2Ideed 2-18-97 K: IPubwork\21A ve325\ Taylor. WD r [Corporate Notary] STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me , tome of , the corporaIion that executed the foregoing instrument, and acknowledged the said instrumoot to be the free and voluntary act and deed of said colpOratlon, for the uses and pupœe6 therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the COlpOiate seal of said colpOratlon, known to be the GNEN my band and official seal this day of .19_, - (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires -2- PARCEL: 896580-0080 TAYLOR ( . ( EXHIBIT "A" All that portion of Lot 8, Block 6. in the Plat of Vuetopia, Division number 3 lying Easterly of the following described line: Beginning at a point on the South line of said Lot 8. said point being 40.00 feet Westerly of the right-of- way centerline for 21st Avenue Southwest as measured at right angles to said centerline; thence N 00059'04" E, parallel with said centerline, for a distance of 122,10 feët to a point of tangency with a curve to the left having a radius of 20.00 feet: thence Northerly and Westerly along said curve for an arc length distance 001.38 feet through a central angle of 89°54'13" to a point of tangency with the Southerly right- of-way line for Southwest 326th Street and the end of said described line, TOGETIIER WITH the right to make and maintain slopes for cuts or fills upon the property adjacent to that specifically described, in order that the street or stœets may be graded to the proposed grade level in a reasonable and proper manner.