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HomeMy WebLinkAbout4161AN ORDINANCE of the City Council of the city of Kent, Washington, providing for the acquisition of certain property and/or property rights by eminent domain in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of the Green River levee system, and declaring the same to be a public uses providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purposes directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the city of Kent in King County, Washington. RECITALS A. The SR 516 to S. 231st Way Levee Improvement Project ("Project") is necessary to provide flood protection to the Green River Valley, which includes the city of Kent, the city of Tukwila and the city of Renton. Upper Russell Road North and South Reach Y Levee Improvement Condemnation Ordinance B. The city of Kent ( City") must acquire certain property and property rights along the Project alignment in order to complete the Project. C. Efforts by City staff are currently ongoing to acquire the property necessary for this public use by negotiation and settlement agreements. D. In the event that negotiated acquisition is not fully successful it is essential that the City be prepared to initiate condemnation proceedings so that the Project can be timely constructed. E. The City has provided the requisite notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION I, -After receiving the report of City staff and after reviewing the planned improvements for the Project, the City Council finds and declares that the public convenience, use, health, safety and necessity demand that the city of Kent condemn, appropriate, take, and damage portions of certain real property located within the corporate limits of Kent in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The property to be acquired or which property rights are to be acquired (collectively the `Acquisition Area") is legally described in Exhibit "A" and approximately depicted in Exhibit "B," both of which are attached hereto and incorporated herein by this reference. The Upper Russe/l Road North and South Reach 2 Levee Improvement Condemnation Ordinance precise scope of the taking may change if engineering requires modification of present plans. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, and reconstruction required for the Project. SECTION 2, - The City Council authorizes the acquisition by condemnation of all or a portion of the Acquisition Area for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to established standards. SECTION 3, -The City shall condemn the Acquisition Area only upon completion of all steps and procedures required by applicable federal, state, and local laws and regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. - The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's project fund or from any of the City's general funds if necessary, as may be provided by law. SECTION 5, -The City Council authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the property. In commencing this condemnation procedure, the City Council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be Upper Russell Road North and South Reach 3 Levee Improvement Condemnation Ordinance limited to the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. -Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION 7. -Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 8. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as�provid ATTEST: RONALD F. UZ � COOKE, MAYOR RE, COY CLERK ed by law. Upper Russe// Road North and South Reach 4 Levee Improvement Condemnation Ordinance APPROVED AS TO FORM: TORI BRUBAKERI CITY ATTORNEY PASSED: -'day of APPROVED. �' ` day of PUBLISHED: 2! day of 2015. 2015. 2015. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. f RONALD F P:\Civil\Ordinance\Condemnation Ordinance-UPRR North and South Reach.docx CLrERK L) Upper Russell Road North and South Reach 5 Levee Improvement Condemnation Ordinance EXHIBIT A TAX LOT 7212220000 THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 8b, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70°24'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5°39'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92,0E CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30°05'21", AN ARC DISTANCE OF 409,62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, BEING THE POINT OP BEGINNING; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03°17'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°31'10", AN ARC DISTANCE OF 297.35; THENCE N69°08'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°44'38", AN ARC DISTANCE OF 123.44 FEET; THENCE S69°33'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S68°39'47"E 65.34 FEET; THENCE S71°00'54"E 28.90 FEET; THENCE S69°57'17"E 186.39 FEET; THENCE S62°56'07"E 129.28 FEET; THENCE S68°02'33"E 33.75 FEET; THENCE S74°39'04"E 30.34 FEET; THENCE S52°13'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE S36°06`49"W, ALONG SAID SOUTHEASTERLY LINE, 41.50 FEET TO THE POINT OF BEGINNING. CONTAINING 25,144 SQUARE FEET, MORE OR LESS EXHIBIT A TAX LOT 7212220000 UTILITY EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THEICENTER OF SAID CURVE BEARS S70024'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039121", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1003110", AN ARC DISTANCE OF 297.35; THENCE N69008138"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S68039'47"E 65.34 FEET; THENCE S71000'54"E.28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET, THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006149"E, ALONG SAID SOUTHEASTERLY LINE, 10.00 FEET, THENCE N52013'57"W, LEAVING SAID SOUTHEASTERLY LINE, 81.80 FEET; THENCE N740391041JW 31.74 FEET; THENCE N68002'33"W 32.73 FEET, THENCE N62056'07"W 129.45,.THENCE N69057'17"W 187.09 FEET, THENCE N71000'54"W 28.79 FEET; THENCE N6803947"W 65.21 Page 1 of 2 Exhibit FEET; THENCE 11y69°3316W 163.13 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N58010'32"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04034'32", AN ARC DISTANCE OF 17.25 FEET TO THE POINT OF BEGINNING. CONTAINING 7,117 SQUARE FEET, MORE OR LESS. Page 2 of 2 EXHIBIT A TAX LOT 7212220000 RIVER PROTECTION EASEMENT THAT PORTION OF REGATTA Ai' THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70024110"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 503912111, AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWA TER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, THENCE . CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1003110", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S68039'47"E 65.34 FEET; THENCE S71000'54"E 28.90 FEET, THENCE S69057'17"E 186.39 FEET; THENCE S62056107"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET, THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49" E, ALONG SAID SOUTHEASTERLY LINE, 15.01 FEET; THENCE N52013'57"W, LEAVING SAID SOUTHEASTERLY LINE, 82.65 FEET; THENCE N74039'04"W 32.44 FEET; THENCE N68002'33"W 32.22 FEET, THENCE N62056'07"W 129.53, THENCE N69057'17"W 187.45 FEET, THENCE N71000'54"W 28.73 FEET, THENCE N6803947"W 65.15 Page 1 of 2 A 0) 0 A FEET; THENCE N69°3316W 169.39 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N60017'35"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06041'34", AN ARC DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. CONTAINING 10,736 SQUARE FEET, MORE OR LESS. Page 2 of 2 EXHIBIT A EASEMENT RIVER PROTECTION NPN #5148970000 THAT PORTION OF MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 3, AS RECORDED IN VOLUME 139 OF CONDOMINIUMS, PAGES 25 THROUGH 35, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 4, AS RECORDED IN VOLUME 141 OF CONDOMINIUMS, PAGES 38 THROUGH 47, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 6, AS RECORDED IN VOLUME 148 OF CONDOMINIUMS, PAGES 79 THROUGH 90, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PHASE 3; THENCE S89020100"E, ALONG THE SOUTH LINE OF SAID PHASE 3, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024127"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 3; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25025'3311, AN ARC DISTANCE OF 181.94 FEET TO A POINT OF TANGENCY; THENCE N19050'00"W 181.77 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 4; THENCE CONTINUING N1905.0'00W 24.23 FEET ON A LINE THAT IS 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 4 TO A POINT OF TANGENCY WITH A 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31012'51"1 AN ARC DISTANCE OF 236.98 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 6; THENCE CONTINUING ON SAID 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 6, THROUGH A CENTRAL ANGLE OF 3009139", AN ARC DISTANCE OF 24.00 FEET TO A POINT OF TANGENCY; THENCE N54012'30"W 224.00 FEET TO A POINT OF TANGENCY WITH A 1515.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 114.60 FEET TO AN ANGLE POINT; THENCE 340007'32"W 10.00 FEET TO THE SOUTHWESTERLY LINE OF SAID PHASE 6 AND A POINT ON A 1525.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N40007'32"E; THENCE SOUTHWESTERLY, ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 115.35 FEET TO A POINT OF TANGENCY; THENCE S54012'30"E 224.00 FEET TO A POINT OF TANGENCY WITH A 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; Page 1 of 2 ■ THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3007'30", AN ARC DISTANCE OF 23.18 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 6, THENCE CONTINUING ON SAID 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, SAID CURVE BEING THE SOUTHWESTERLY LINE OF SAID PHASE 4, THROUGH A CENTRAL ANGLE OF 31015'00", AN ARC DISTANCE OF 231.80 FEET TO A POINT OF TANGENCY; THENCE S19050'00"E 24.23 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 4, THENCE CONTINUING S19050'00"E 181.77 FEET ON THE WEST LINE OF SAID PHASE 3 TO A POINT OF TANGENCY WITH A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25032157", AN ARC DISTANCE OF 178.37 FEET TO THE POINT OF BEGINNING. CONTAINING 9,831 SQUARE FEET, MORE OR LESS. Page2of2 EXHIBIT ._. EASEMENT RIVER PROTECTION APN #7338100000 THAT PORTION OF RIVERPLACE AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 128 OF CONDOMINIUMS, PAGES 5 THROUGH 7, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS. BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PHASE 1; THENCE 389020100"E, ALONG THE NORTH LINE OF SAID PHASE 1, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 1; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11056159", AN ARC DISTANCE OF 85.51 FEET TO THE BEGINNING OF A 116.88 FOOT RADIUS, NON -TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N71021'58"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26039'41", AN ARC DISTANCE OF 54.39 FEET TO A POINT ON THE WEST LINE OF SAID PHASE 1, SAID POINT BEING THE BEGINNING OF A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS N64057'34"W; THENCE NORTHERLY, ALONG SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 1901979", AN ARC DISTANCE OF 134.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1,185 SQUARE FEET, MORE OR LESS. G•\(k+dnn1119.a0116 RI ISCFI RIl l FVFF1dwn\f.Ml ill\RFAfN flR!)WIPIVPR PI Af F dwn S/)0/)O1S i•49.59 PM . W. SEC. 1 . 22 N R. or REGAT BRI ATER �a�r � o � w CD o 1 RIVER 1 I ❑ P OTE ON I LOT 2 AS M• T Do UTI N EASE �t�t�\\\\ \\ --_ \ \ GAEN PROPERTY ACQUISITION REGATTA I ;-. PARTIAL TAKE WA.NiMOTOM SCALE: 1" = 15( CITY OF KENT ENGINEERING DEPARTMENT GATE• 05/2015 R•111t•Nnn10q-i00fi RI ICGFI R❑ t FVFFldwn\('NTI 9n1RFAfH 71Rf1Ul1RFl:AT7A ff1MR1NP11 rlwn SI70I7015 R•2b•1K PM +...Wl� EXHIBIT S.E. SEC. 15 T. 22 N R. 04 E LjT.R. 14179 - S 9 �X MU Tip 1� 211 RM 19.5 10' INSPECTION EASEMENT MARINA POINTE AT THE LAKES PARTIAL TAKE kCENT We.NIMOT.Y SCALE 1` a 150' IXHIBR CITY OF KENT ENGINEERING DEPARTMENT GATE 5/2015 rs%npdnn\!1Q-ifNK RIIGCFI Rn I FVFF\rlwnlfTVTI iMRFAfN 1\R mMARiNA R(1TNTF Rv1) dwn F/70mit; i•gt;om FM