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AG 02-017 ATE IN: l'6 02.- TD: CIT 0 FEDERAL WAY LAW DEPARTMENT REGlUEBT FOR CONTRACT PREPARATIONIDOCUMENT REVIEWIBIGNATURE ROUTING BLIP 1. DRI13INATIN13CEPT.JDIV.: PV~\C 2, ORI13INATIN13 STAFF PERBDN: .::s- ì. ~ ~ \r..J 0 ~ 'Ié- ~ EXT:- 3. CATE REG. Bv: B, PRO.JECT NAME: 4. TYPE DF DOCUMENT REQUEBTED [CHECK DNE): /' D PROFEBSIONAL BERVICE ABREEMENT ..,ø"BECURITV DoCUMENT 0 MAINTENANCEILAROR ABREEMENT 'E.B., AGR~E~ & _A"""'N R~D, ""~_B~ ~ FUND. ON UBU ~ ReND' 0 PURLOC WORKB CONTRACT 0 CONTRACTOR BELECTOON DOCUMENT D BMALL PUBLIC WORKB CONTRACT IE.B.. RFB, R.A, R..., IL... THAN 8.",00°' D CONTRACT AMENDMENT 0 PURCHA"E ABREEMENT 0 EASEMENT IMA~AI~, BUAAU.., E~OAMEN'" 0 OTHER D REAL EBTATE PURCHASE & BALEB ABRE8MENT D CDB13 S \::; ~ L ~ \<:...e.. \j" ~ Çc.~ðes ~ ADDREBB: bcs,,\O S:.o,"~~ ~\'¡d. \V~E: (,LCb) Lð,.~-"'~:n) A13" S. NAME DF CDNTRACTDR: TYPE DF PERBON DR ENTITY [CHECK DNE], 0 INO'VOOUAL D PARTNERBHIP r:.J B9J-E PROPRIETORRHOP BTATE' TAX ID'IBB', \J."CORPORATION - - ~~":,. þ..,,~~ TITLE: ~' SI13NATURE NAME: 7. SCCPE OF WORK: ATTACH exHIBIT A . A COMPLETE AND DETAILED DESCRIPTION DF THE SERVICEB DR BCDPE DF WORK. INCLUDIN13 CDMPLETlDN DATE FDA EACH PHASE DF WORK AND LOCATION OF WORK. S. TERM: CDMMENCEMENT CATE: \\7b\aL , COMPLETIDN CATE: B. TCTAL CCMPENSATICN S [INCLUDE EXPENBEB AND BALEB TAX, IF ANy) 10. CA~U~~D ~ HCUALV ~.DA CHARGE - A~ACH .CH.DU~ D. .M~VEE. "TLE. AND HDUDAV RATmO) - REIMBURBABLE EXPENBEB: DYEB DYEB -&' ONo IF YEB. MAXIMUM DDLLAR AMDUNT: S IB SALEB TAX CWED? IF YEB. S PAID BV, 0 CDNTRACTDR 0 CITY 1D, SELECTIDN PRDCEBB UBED [CHECK DNE]: D REmuEBT FOR B,o" 0 REmuEBT FOR PROPOBALB D REmuEBT FOR GUDn!!B 0 REmuEBT FOR GUALOFOCATOON" 0 ARCHOTECT & ENBIN.SR LIBT 0 BMALL WORK" ROBTER 11. CONTRACT REVIEW æ1' ~ \\ \Î \01-- ~RECTOR ~W [ALL CONTRACTS'-!v l.P.N .J.-IJf/CL, :;1Jbloz. ~"K MANABEMENT ~~~c,::~~o;:- ~~~~~NT8, D HUMAN BERVICE"fo At,,- AtfrrdSiJ'rl/2Þ-/loL iLAW DEPARTMENT COTV MANABER 'ft ~ vtL 1ß) /(12- COTV CLERK-fr, Ĺ“eAkv .2/,}c;/Oz.- BIBN COpy BACK TO O",OBONATINB DEPT. /ØAR"'BNEOA13' O;J -/7 D PURCHASINB: PLEASE CHARBE TO' l(t~==.;;V;.l:> ~f:?/ðfhs.lf I äz¿{s . NJIv"¡~' "~I""~:¡o. t!âr ""," blOGþ,o ~~ -10 c,'f<¡ #-or &t' ê.- M f<:-, a. Z¡~1ft;,tMi f,3. INITIALIDATE ApPROVED 11. CDNTRACT SI13NATURE RDUTIN13 Z/.~ ~~'1~~ ~ ' CDMMENTB WHITE -- OR"'NU mvo w~ =~= C_AV - ~R' = ~~. ~- - ~w~. ~LDEN"D - DO~N'"" ""FF LOERA '"~ "~A' A-c,# {)2-17 Applicant Schneider Homes, Inc. ProjectStar Lake Vista Property Address:2620 S. Star lake Rd. Federal Way, WA Bond #: 8567718 Permit#:O1-101452-EN Bond Amount$299,683.00 Cash Deposit Amount$7,492.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective thisØfi-day ofJ;"......., 200-:t-:rhe parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and SCHNEIDER HOMES, INC., a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including clearing and grading, on-site paving and storm water facilities, and frontage improvements at the above referenced address located in Federal Way, Washington in connection with Applicant's land Use Application under the above-referenced permit number ("Permit"); B. The improvements will be constructed or the work performed in accordance with record drawings and approved plans on file with the City ("Plans"); C. The City has determined that the Applicant must post security with the City pursuant to Sections 22- 146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: 1. Improvements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvements shall continuefora period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. 2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City, and in full compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performancel Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the fully executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) of the original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C". 5. Riqht to Complete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 6. Notice. The Community Development Department of the City shall be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Agreement and the Bond, including without limitation, the City's performance of the Work pursuant to Section 5 herein. 8. Administrative Cash Deposit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the Citypursuantto Section 22-151 of the FWCC, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: Amount of Cash Deposit Amount of Bond Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Bond (minimum $100) 4% of Bond 3% of Bond 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. 10. License. Applicant shall record a license in the form attached hereto as Exhibit "D" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. -2- 11. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest. Time is of the essence. Its: By: jCorporate Notary] STATE OF WASHINGTON) ) ss. COUNTY OF KING ) Q¡1...t~i~..dav ,per!¡\>ff'" peared before me J:>(NIl'!ib AlwrLisð"Vì , to me known to be the ~fðf'~' 1': the corporation that executed the foregoing License, and acknowledged the said instrument to be the fr vo untary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand a~:,:~~:al seal this ~~~i«a1;;;;&~ ----~~ 1. ~~II l/ta~taT~,gna:s~ í+h ~ .i:~"",--v;.,\ (typed/printed name of notary) ! !¡ ~t~ ~\ S \ ~~t~¿:~i~~foi~ :;~r~; th~t1;)¡ (oa;;'ington. ~ : -.~1, , f ~ ~ ~""~ ff :: ", '" "'",l'}.}¡Tt ,f òI! .; '.,"'~ "'""",,~-f _.: " O¡t WA""'" ,-- '1111",,"" ~~.çz~¿~~~ APPROVED AS TO FORM: K\FORMS\PERFMAIN.AGT EXHIBIT A Project:Star Lake Vista Permit#: 01-101452-EN CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS We, the undersigned, Schneider Homes, Inc., as principal ("Principal"), and Developer Surety & Indemnity Company, the undersigned corporation organized and existing under the laws of the state of Iowa, and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Two Hundred Ninety Nine Thousand, Six Hundred Eighty Three and no/100 Dollars ($299,683.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City of even date to construct on-site paving, storm conveyance, storm water treatment and detention, and frontage improvements. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material orworkmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. °7" '1;¡ ò//flJ¡' 2O0le ~¡::~~tWA{LJ SCHNEIDER HOMES, INC. By: Its: 6510 SouthcenterBlvd. Tukwila, WA 98188 206-248-2471 -2- CORPORATE SEAL OF SURETY: DEVELOPER SURITY & INDEMNITY Surety BY~W .~ AttorneY-In-F act (Attach Power of Attorney) Jake W. Murphree Name of Person Executing Bond 9725 3'd Ave NE, Suite 602 Seattle, WA98115 206-525-8201 BOND NUMBER: 8567718 APPROVED AS TO FORM: .~\~~~~llk Attorney CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) S..Jtf~ ~)þe... Corporation named as Principal in the wi hin bond.¡!hat4::>(",¡j J;4I1u¿,- "OeM/1, ?hr~~d the said bond on behalf of the Principal, was 'u. k... ~,,(I. ^'\f.)he said Corporation; that I know his or her signature thereto is genuine, and th t said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. KIFORM$\PERFMAINBND File No. - -3- POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE. CA 92623' (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA, do ench severally, bnt not jointly, hereby make, constitute and appoint: ***Jake W. Murphree, Karen L. Staff anson, Mary J. Thomas, Kenneth D. Thompson, jointly or severally*** as tbe troe and lawfol Attorney(s).in-Fact, to make, execnte, deliver and acknowledge, for and on behalf of said corporations as snretles, bonds, nndertakings and contracts of suretyshIp giving and granting unto said Attorney(s)-in-Fact full power and autbority to do and to peñorm every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations foil power of subsmution and revocation. and all oflbe acts o!sald Attorney(s)-in-Fact, pnrsuant to these presents, are bereby ratified and coDfirmed. This Power of Attorney is granted and is signed by facsimile nnder and by autbority of the following resolutions adopted by tbe respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA, effective as of November I. 2000: RESOLVED, that the Cbairman oflhe Board, the President and any Vice President oflhe corporation be, and that each oflhem hereby is, authorized to execnte Powers of Attorney, qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations he, and each of them hereby Is, authorized to attest the execntlon of any such Power of Attorney: RESOLVED, FURTHER, that the signatnres of such officers may be affixed to any snch Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certIficate bearing snch facsImile slgnatnres sball be valid and hlnding upon the corporation when so affixed and in the fnture with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA have severally caused these presents to be signed by their respectIve Executive Vice President and attested by theIr respectIve Secretary thIs 8" day of November, 2000. By: c-~ ~ David H. Rhodes, Executive Vice President By: !f1v~ U1 Walter A. Crowell, Secretary ,,""i";:ND'~""", ..,~~~ ..,........"'°",'" f;~"'-~~v.;~;.q;;..~\ \\~~ COUNTY OF ORANGE ) )SS. ) STATE OF CAUFORNIA On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A, Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are sobscribed to the within Instroment and acknowledged to me that they executed the same In their authorized capacities, and that by their signatures on the instrnment the enmy upon behalf of which the persons acted, executed the instrnment. WITNESS my hand and official seal, Signature ~,IQ>-.t!J ~~ ! e ~~.J¡.~~~ ! ::> NOtIRYPUBUC-CAlIFORNIA ~ ¡ OfWIGE COUNTY " I MyConmEJcp..hnB.2002 I CERTIFICATE The undersIgned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA, does hereby certify tbat tbe foregoing Power of Attorney remains In full force and has not been revoked, and fortbermore, that tbe provisions of the resolutions oflbe respective Boards o!Directors of said corporations set forth In the Power of Attorney, are In force as oflhe date oflhls Certificate. This Certificate Is executed in the City of Irvine. California, the S.-.\ day o~ ' dcÐ;;>' By O<4.L David G. Lane, Chief Operating Officer ID-138001/oo) EXHIBIT B PARTIAL RELEASE OF BOND # 8567718 The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Star Lake Vista #O1-101452-EN, have been satisfied and hereby authorizes the release of an amount equal to Two Hundred Nine Thousand, Seven Hundred Seventy Eight Dollars ($209,778.00).The remaining funds equaling thirty (30%) of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements, DATED this day of ,200_, CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT C FULL RELEASE OF BOND # 8567718 TERMINATION OF LICENSE The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Performance/ Maintenance Bond for Star Lake Vista, have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Eighty Nine Thousand, Nine Hundred Five Three Dollars ($89,905.00). DATED this day of ,20_" CITY OF FEDERAL WAY By: (Name, Title) ," SCHNEIDER HOMES, INC. CONSENT IN LIEU OF SPECIAL MEETING OF DIRECTORS PURSUANT to the Washington Business Corporation Act, the undersigned, being all of the directors of Schneider Homes, Inc., a Washington Corporation (the "Company"), by this instrument in lieu of a special meeting of the Board of Directors of the Company, hereby consent to the adoption of the following resolution: RESOL VED, that Dennis Alfredson, being a licensed Civil Engineer in the State of Washington and holding the position of Manager of Land Development and Construction at Schneider Homes, Inc., is hereby authorized to execute any and all documents or agreements with any private or public company or agency that may be necessary to facilitate the development of land owned by Schneider Homes, Inc. Specifically, he is authorized to execute documents including, but not limited to: contracts, applications, bond fonus, developer extension agreements and easements between Schneider Homes, Inc. and any individual, corporation, city, county or utility district or any other agreement he deems necessary in his sole discretion in the process of developing land and/or recording of plats, short plats or P.U.D.s. .' EXECUTED the 1st day ofJuly, 1997. FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Jim Femling f:QJÞt EXHIBIT 0 LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: TAX PARCEL NO: 720480-0010 Legal description attached hereto as Exhibit "A" and incorporated herein by this reference ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bond of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED this íf day 00 CI'12001- [Corporate Notary] STATE OF WASHINGTON) )ss. COUNTY OF KING ) ~hiS day t:t;07a!I~a.Jlfeared b~f re me' , to me known to be the a~ 0 },¡~ 4¡¥"'iJ)"'- ' the corporation that executed the foregoing License, and ackno ledged 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ----A- day of ~ Jt1.M)1L1.~ ,20 ð2." - ..."""",\\ -1ItAJ1uJ¿ "f -)/mti& ---~~'::'~ ' I Uú1+hftotT,Sign~r~iH1, ¡ ¡:¡ if- ~'A.~'~ 'So- " (typed/printed name of notary) f :t {S ~'%) ~ ~~t~~:~i~~foi~ :;~r~; the.~a7Vj lð~ington. ~ <, ~~ f;!::: I " .... J 24.11'11--- R :: \ ~ """~"""'-~O :- 'I, 'EOFYI,..foY'~--- """..",-'- CONFORMED COpy '"o~,""'m"",,' 20020118001352 SCHNEIDER HOME LTE 10.00 PAGE 001 OF 00Z 01/18/2002 12: 03 KING COUNTY. UA AUG-17-2001 FRI 01:36 PM SCHNEIDER HOMES INC, FAX NO, 206 242 4208 p, 04 ~ CHICAGO TITLE INSURANCE COMPANY (Continued) {l~{Q)J PLAT CERTIFICATE SCHEDULE A LEGAL DESCRIPTION THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID SUBDIVISION AT A POINT SOUTH 00°08' 21" EAST 510,SB FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 52°~6'20" WEST 942,69 FEET TO THE NORTHEASTERLY LINE OF STAR LAKE ROAD; THENCE SOUTH 37°43'40" EAST ALONG SAID NORTHEASTERLY LINE 294.23 THENCE NORTH 52°16'20" EAST 716.20 FEET TO THE EAST LINE OF SAID THENCE 01'1" SAID EAST LINE NORTH 0000B'21" WEST 371.3~ FEET TO THE BEGINNING; EXCEPT THE NORTHWESTERLY SO FEET OF THE SOUTHWESTERLY ~45 FEET OF SAID PREMISES; AND EXCEPT THAT PORTION OF THE WEST HALF OF THE I'I"ORTHEAST QUARTER OF SECTIOI'I" 33, TOWNSHIP 22 I'I"ORTH, RANGE 4 EAST, WILLAMETTE MERIDI~, 11'1" KING COUNTY, WASHII'I"GTOI'I", CONVEYED BY DEED RECORDED UNDER RECORDII'I"G NUMBER 6367952 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FEET; SUBDIVISION: POINT OF BEGINNING AT A POII'I"T ON THE EAST LINE OF SAID SUBDIVISIOI'I" WHICH BEARS SOUTH O1o~0'03" WEST 5IO.8S FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 01°10'03" WEST 13.31. FEET; T!!ENCE SOUTH 53D29'55" WEST TO A LINE PARALLEL WITH AND ~75 FEET NORTHEASTERLY OF THE I'I"ORTHEASTERLY MARGIN OF STAR LAKE ROAD; THENCE NORTH 36°30'05" WEST ALONG SAID PARALLEL LINE TO A POINT WHICH BEARs SOUTH 53°34'44" WEST PROM THE POII'I"T OF BEGINNII'I"G; THENCE NORTH 53°34'44" EAST TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDII'I"G NUMBERS 500~068 AND 73052~03~4; (ALSO I<NOWN AS A PORTION OF LOT 3, REDONDO HEIGHTS, ACCORDING TO THE UNRECORDED PLAT THEREOF) . PIAlcR11.IRDAI"""