HomeMy WebLinkAboutCAG2023-181 - Original - Joseph Duffy Alverson - S 218th St/98th Ave S Warranty Deed, Subterranean Easement & Temp Construction Easement (TCE) - 03/22/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik-Wilcox Public Works
Date Sent: Date Required:
c 03/20/2023 3/27/23
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee 7/6/2021
Budget Account Number: Grant? Yes No�✓
Budget? Yes Type: N/A
Vendor Name: Category:
Joseph Duffly Alverson Contract
Vendor Number: Sub-Category:
Original
0
Project Name: S. 218th St./98th Ave. S. (from 94th PI. S. to S. 216th St.)
oProject Details: Warranty Deed, Subterranean Easement, and Temporary
Construction Easement
c
Agreement $35,200.00
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
i Start Date: Termination Date:
a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2023-181
Comments:
Mayor Ralph - Please sign the approval for the attached Warranty Deed (3rd
page of this packet), Subterranean Easement (9th page of this packet) and
c Temporary Construction Easement (13th page of this packet). Thx! Cheryl
R-W
3 0
a
Date Received:City Attorney: 3/20/23 Date Routed:Mayor's Office 3/21/23 6ity Clerk's Office 3/23/23
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
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Instrument Number:20230329000460 Document:WD Rec: S207.50 Page-1 of 5
Excise Does:3231281 Selling Price:$0.00 Tax Amount:S10.00 Record Date:3/29/2023 2:04 PM
Electronically Recorded King County,WA
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: Joseph Duffy Alverson ^_
Grantee: City of Kent _
Abbreviated Legal Description: Ptn. Lot 3, KC. SP 1284005 Rec #8612151217
Additional Legal Description on:— Exhibit "A"
Assessor's Tax Parcel ID No.: 072205-9224 STR: 07-22N-5E
Project Name: S 218th St/98th Ave S from 9411 PI S to S 2161h St. Project
WARRANTY DEED
THE GRANTOR, Joseph Duffy Alverson, for and in consideration of Ten
Dollars and No/100 ($10.00) and/or other valuable consideration in hand paid,
conveys and warrants to the City of Kent, a Washington municipal corporation
("Grantee"), for right-of-way purposes, all its interest, including any after acquired
title, in the real property described and depicted in the attached and incorporated
Exhibits A and B, situated in King County, Washington, under the imminent threat
of the Grantee's exercise of its rights of Eminent Domain, and subject to the
conditions listed on Fidelity National Title Insurance Company Guarantee No.
611292650, Schedule B, Paragraphs 1-5, as set forth in Exhibit C, attached and
incorporated.
(Signatures on following page)
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WARRANTY DEED - Page 1 of 2
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Instrument Number:20230329000460 Document:WD Rec: $207.50 Page-2 of 5
Record Date:3/29/2023 2:04 PM King County,WA
GRANTOR:
Name: JoseDh'Uuffv Alverson
Date:_ 1 �-
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Joseph Duffy Alverson
is the person who appeared before me, and said person acknowledged that he signed
this instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: 0 l�-'')
M -Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
ip6
ddd� C�2C�2IAA�k&-
�40p `f®� (Signature)
` 0 the State
o � NOTARY P r' of Wahington, residing at
S e.f(t ht
My appointment expires i I-q- ate;
�dl d VVA �;
ACCEPTED: d j111111t0r���'`��4
CITY OF KENT
ay: Uana�Ralph
Title: Mavor
Date: 03/22/2023
WARRANTY DEED - Page 2 of 2
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Instrument Number:20230329000460 Document:WD Rec: $207.50 Page-3 of 5
Record Date:3/29/2023 2:04 PM King County,WA
EXHIBITA
TAX LOT 0722059224
RIGHT OF WAY DEDICATION
THAT PORTION OF LOT 3, KING COUNTY SHORT PLAT NUMBER 1284005,
RECORDED UNDER RECORDING NUMBER 8612151217, RECORDS OF KING
COUNTY, WASHINGTON, IN THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON, LYING
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE
SOUTH LINE OF SAID LOT 3, N89057'07E 31.05 FEET TO A POINT OF TANGENCY
WITH A 121.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, AND THE POINT
OF BEGINNING, THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
88047'44", AN ARC DISTANCE OF 187.52 FEET TO A POINT OF TANGENCY WITH
THE EAST LINE OF SAID LOT 3, AND THE TERMINUS OF THE HEREIN DESCRIBED
LINE.
CONTAINING 1,164 SQUARE FEET, MORE OR LESS.
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Instrument Number:20230329000460 Document:WD Rec: $207.50 Page-4 of 5
Record Date:3/29/2023 2:04 PM King County,WA
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Instrument Number:20230329000460 Document:WD Rec: $207.50 Page-5 of 5
Record Date:3/29/2023 2:04 PM King County,WA
EXHIBIT C
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON, COMMITMENT NO. 611292650
INC. COMMITMENT-SECOND
SCHEDULE R, PART II - Exceptions
(continued)
SPECIAL EXCEPTIONS
1. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
In favor of: King County
Purposes: Slopes for cuts and fills
Recording Date: May 12, 1959
Recording No.:.___5030890
2. Easements for the purposes shown below and rights incidental thereto, as granted in a document:
Granted to: Puget Sound Power&Light Company, a Washington Corporation
Purposes: An underground electric transmission and/or distribution system
Recording Date: July 19, 1983
Recordings No.: ____8307191258
Affects: A strip of land 10 feet in width,the centerline of grantee's facilities as constructed or to be
constructed, relocated, or extended
Contains covenant prohibiting structures over said easement or other activities which might endanger the
underground system.
3. Easements for the purposes shown below and rights incidental thereto, as granted in a document:
Granted to: Pacific Northwest Bell Telephone Company,a Washington Corporation
Purposes: Underground communication lines
Recording Date: November 3, 1983
Recording No.: _ 8311030594
Affects: The Northerly portion as delineated therein
4. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions,encroachments,
dedications, building setback lines, notes, statements,and other matters as set forth on the Survey:
Recording No:_8405309010
5. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions,encroachments,
dedications, building setback lines, notes,statements, and other matters as set forth on the King County Short Plat
No. 1284005:
Recording Nov 8612151217
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Instrument Number:20230324000532 Document:EAS Rec:$207.50 Page-1 of 5
Record Date:3/24/20231:23 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY LISA OHLEN,DEPUTY
After recording return document to:
City Clerk
City of Kent
220 4th Avenue South
Kent,WA 98032
Document Title: Temporary Easement
Reference Number of Related Document:N/A
Grantor(s): Joseph Duffy Alverson
Grantee(s): City of Kent
Legal Description: Ptn. Lot 3,KC SP 1284005 Rec#8612151217
Additional Legal Description is on Exhibit A of Document.
Assessor's Tax Parcel Number: 072205-9224
TEMPORARY EASEMENT
KEN-50 South 218th Street/981h Avenue South from 941h Place South to South 216th Street
Project
The Grantor(s),Joseph Duffy Alverson,for and in consideration of TEN AND NO/100
($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of
Kent, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right
of Eminent Domain, the right, privilege and easement over, upon, through and across the
hereinafter described lands for the purpose of widening South 218th Street and 98th Avenue
South (from 94th PL S to 99th Ave S) to three lanes and including paving, concrete curbs &
gutters,sidewalks,paved shoulders,street lighting,storm drainage,sanitary sewer,water mains
replacement,landscaping,and channelization.This project will also include undergrounding all
the overhead utilities to a Joint Utility Trench.
}
Said lands being situated in King County,State of Washington,and described in Exhibit
A and depicted in Exhibit B,attached hereto and made a part hereof.
s
The term of this Temporary Easement shall commence on the date of acceptance of this
Temporary Easement by Grantee and shall terminate on October 31, 2024, hereinafter the
"Term". Provided.however,that Grantee's use and occupancy of the easement area is limited
to between August 1,2023 and October 31,2024.
FA No.
LPA-325 Page 1 of(3)Pages Parcel Number:072205-9224
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Instrument Number:20230324000532 Document:EAS Rec: $207.50 Page-2 of 5
Record Date:3/24/2023 1:23 PM King County,WA 11
TEMPORARY EASEMENT
It is further agreed that this Temporary Easement may be extended by up to six months
at the Grantee's option. The rate associated with this extension shall be at the same rate as the
original Temporary Easement, or at the newly established rate determined by an updated
administrative offer; whichever is higher. Grantee shall notify Grantor in writing prior to
exercising this option.
Grantee shall provide Grantor written notice no less than three days in advance of
Grantee's intent to exercise its rights under this Temporary Easement.
It is understood and agreed that delivery of this temporary easement is hereby tendered
and that the terms and obligations hereof shall not become binding upon the City of Kent unless
and until accepted and approved hereon in writing for the City of Kent,by its authorized agent.
Dated: 3 12-ok
Grantor:
Joseph Duffy AI erson
Accepted and Approved
City of Kent
By
Dana Ralph
Mayor
Date: 03/22/2023
(Notary Acknowledgment on following page)
LPA-325 Page 2 of(3)Pages
Rev.5/2021
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Instrument Number:20230324000532 Document:EAS Rec: $207.50 Page-3 of 5
Record Date:3/24/2023 1:23 PM King County,WA
TEMPORARY EASEMENT
STATE OF WASHINGT'ON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Joseph Duffy Alverson is the
person who appeared before me,and said person acknowledged that he signed this instrument
and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: 31�zo l a':�
-Notary Seal Must Appear Within This Box-
IN WI`INF-",,k,'\V,%REOF,I have hereunto set my hand and official seal the day and year first above
written. �
r �0 (Printed N me) C.he. 'U I f�1 C-I JWL ��__
NOTARY PUBLIC,in and for the State
0,3
of Washington,residing atR�
L My appointment expires
O�iti611lr®®t��®°°a
LPA-325 Page 3 of(3)Pages
Rev.5/2021
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Instrument Number:20230324000532 Document:EAS Rec: $207.50 Page-4 of 5
Record Date:3/24/2023 1:23 PNI King County,WA
EXHIBIT-„A
TAX LOT 0722059224
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 3, KING: COUNTY SHORT PLAT NUMBER 1284005, RECORDED
UNDER RECORDING NUMBER 8612151217, RECORDS OF KING COUNTY,
WASHINGTON, IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF
KENT, IN KING COUNTY, WASHINGTON, LYING SOUTHERLY, EASTERLY AND
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE WEST
LINE THEREOF, N1°08'35"E 11.00 FEET TO THE POINT OF BEGINNING; THENCE
N89°57'07"E 30.83 FEET TO A POINT OF TANGENCY WITH A 110.00 FOOT RADIUS,
CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 510 48'52 , AN ARC DISTANCE OF 99.48 FEET;THENCE
S51°52'07"E 6.00 FEET TO A POINT ON A 116,00 FOOT RADIUS, CIRCULAR CURVE 1.0 THE
LEFT, FROM WHICH POINT THE.CENTER OF SAID CURVE BEARS N51°52'07"W; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL_ANGLE OF 36°58'30", AN ARC
DISTANCE OF 74,86 FEET; THENCE N1°09'23"E 10.40 FEET; THENCE N88°34'02"W 15.00
FEET- THENCE S1°09'23"W 17.00 FEET;THENCE N88°34'02"W 37.00 FEET; THENCE
N1°09'23"E 22.00 FEET; THENCE N88°34'02"W 18.00 FEET;THENCE N1°09'23"E 13.07 FEET
TO THE NORTH LINE OF SAID LOT 3 AND THE TERMINUS OF THE HEREIN DESCRIBED
LINE.
EXCEPT THAT PORTION LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE
SOUTH LINE THEREOF, N89057'07E 31.05 FEET TO A POINT OF TANGENCY WITH A
121.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, AND THE POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 88047'44", AN ARC DISTANCE OF 187.52 FEET TO A POINT OF TANGENCY
WITH THE EAST LINE OF SAID LOT 3 AND THE TERMINUS OF THE HEREIN
DESCRIBED LINE,
CONTAINING 3,890 SQUARE FEET, MORE OR LESS.
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Instrument Number:20230324000532 Document:EAS Rec: $207.50 Page-5 of 5
Record Date:3/24/2023 1:23 PM King County,WA
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Instrument Number:20230324000559 Document:EAS Rec:$207.50 Page-1 of 5
Record Date:3/24/2023 1:51 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY CHELSEA IM,DEPUTY
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor:_ Joseph Duffer Alverson
Grantee: Cif of Kent
Abbreviated Legal Description: Ptn. Lot 3 KC. SP 1284005 Rec #8612151217
Additional Legal Description on: Exhibit"A"
Assessor's Tax Parcel ID No.: 072205-9224 STR: 07-22N-05E
Project Name: KEN-50 S 2181h St/981h Ave S from 94th PI S to S 2161h St.
SUBTERRANEAN EASEMENT
The Grantor, Joseph Duffy Alverson, ("Grantor"), for and in consideration of
Ten Dollars and No/100 ($10.00) and/or other valuable consideration, receipt of
which is hereby acknowledged, grants to City of Kent, a Washington municipal
corporation ("Grantee"), a permanent subterranean easement ("Easement") over,
under, through, across and upon the portion of the property situated in King County,
Washington, specifically described in Exhibit "A" and graphically depicted in Exhibit
"B", both of which are attached and incorporated herein (the"Easement Area"). The
Grantor agrees that this easement touches and concerns the land described in Exhibit
A, and that this easement shall run with the land.
Grantee intends to construct a permanent retaining wall ("Wall") utilizing an
earth shoring system. This would require soil reinforcement within the Easement Area
by drilling and inserting tiebacks ("Tiebacks"); or by excavation and installation of
soil reinforcing grids. The subterranean easement includes a "no dig" area through
and under the portion of the Property needed to support the Wall to prevent any
digging in the Easement Area and preserve the integrity of the Wall's shoring system.
Grant. Grantor hereby grants, conveys and warrants to Grantee, subject to
matters of record, a nonexclusive subterranean easement over, under, through,
I
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Instrument Number:20230324000559 Document:EAS Rec:S207.50 Page-2 of 5
Record Date:3/24/20231:51 PM King County,WA
across, and upon the Easement Area. This Easement touches and concerns the land
described in Exhibit A and runs with the land for the purposes of (1) drilling,
excavating, installing, constructing, and maintaining the shoring system in
connection with the construction of a retaining wall, and (2) preventing the erection
of any structures on, digging or excavation in the Casement Area.
Construction. Grantee shall ensure that the drilling, excavation, installation,
construction, and maintenance of the shoring systern shall not damage the property
or any improvements, outside of the Easement Area. Grantee shall restore, as
practicable, the Easement Area to as or better than the condition of the Easement
Area prior to entering the Easement Area. Prior to any drilling, excavation,
construction, and installation of the shoring system, Grantee shall immediately
provide to Grantor any information obtained by Grantee regarding any underground
storage tanks, unstable fill material, gravel substratum, utility facilities and other
underground improvements within the property.
Grantee's Obliclations. Grantee agrees to retain, at its sole cost, the services
of a licensed engineer to determine the exact specified locations of the underground
shoring system. These locations shall be identified on drawings provided to Grantor
before construction. Grantee shall provide to Grantor, upon completion of the shoring
system and retaining wall, detailed as-built drawings showing the locations (including
elevations) and dimensions of all Tiebacks or reinforcing grids, and other
underground improvements that have been installed by Grantee within the Easement
Area.
Reservation of Rights. Grantor reserves for itself and its successors and
assigns the right to use the Easement Area and the remainder of subject property for
any lawful use not inconsistent with the Easement. Grantor- shall retain the right to
use the surface of this Easement Area, including the immediately adjacent incidental
areas, so long as that use is not inconsistent with the purposes of the Easement and
does not interfere with the Grantee's uses as described in this document. Under no
circumstances shall Grantor and its successors conduct any digging or excavation in
the Easement Area without prior express written approval of Grantee.
Indemnity. Grantee accepts the Easement Area in its present physical
condition, AS IS. Grantee does hereby release, indemnify and promise to defend and
save harmless Grantor from and against any and all liability, loss, damage, expense,
actions and claims, including costs and reasonable attorney's fees incurred by Grantor
in connection therewith, arising directly on account of or out of the negligent exercise
by Grantee, its servants, agents, employees and contractors of the rights granted in
this Easement.
Bindirng_Effect. This Easement and its terms and conditions set forth herein
shall be a covenant running with the land, and shall bind Grantor's successors, heirs
and assigns, and all future owners of the real property affected by this Easement.
(Signature on following page)
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Instrument Number:20230324000559 Document:EAS Rec: $207.50 Page-3 of 5
Record Date:3/24/2023 1:51 PM King County,WA
GRANTOR:
Name: Jose h Duff Iverson _
Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Joseph Duffy AJvers®n
is the person who appeared before me, and said person acknowledged that he signed
this instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: 3 o /0-
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
VI I
�f/� (Signature)
NOTARY PUBLIC, in and for the State
a 109918 of Washington, residing at
•00 My appointment expires tl- C/ _
Ottt@44e®��" e �
ACCEPTED:
CITY OF KENT
By: Dana Ralph _
Title: Mayor
Dater 03/22/2023
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Instrument Number:20230324000559 Document:EAS Rec: $207.50 Page-4 of 5
Record Date:3/24/2023 1:51 PM King County,WA
EXHIBIT,
TAX LOT 0722059224
EASEMENT
THAT PORTION OF LOT 3, KING COUNTY SHORT PLAT NUMBER 1284005, RECORDED
UNDER RECORDING NUMBER 861215121.7, RECORDS OF KING COUNTY,
WASHINGTON, IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF
KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE
WEST LINE THEREOF, N1008'35"E 4.00 FEET; THENCE LEAVING SAID WEST LINE AND
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID
LOT 3, N89"57'07"E 30.98 FEET; THENCE N0003'13"W 2.00 FEET TO A POINT ON A
115.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT'THE
CENTER OF SAID CURVE BEARS NO"03'13"W; THENCE NORTHEASTERLY, ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 37014'12", AN ARC DISTANCE OF 74.74
FEET; THENCE S37017'25"E 2.00 FEET TO A POINT ON A 117.00 FOOT RADIUS,
CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE
BEARS N37017'25"W; THENCE NORTHEAS"T'ERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 14034'41" AN ARC DISTANCE OF 29.77 FEET; THENCE
S51052'07"E 4.00 FEET TO A POINT ON A 121.00 FOOT RADIUS, CIRCULAR CURVE
TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS
N51.152'07"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 51049'14", AN ARC DISTANCE OF 109.44 FEET TO A POINT ON
"THE SOUTH LINE OF SAID LOT 3; THENCE ALONG SAID SOUTH LINE, S891,57'07"W
31.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 705 SQUARE FEET, MORE OR LESS.
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Instrument Number:20230324000559 Document:EAS Rec: $207.50 Page-5 of 5
Record Date:3/24/2023 1:51 PM King County,WA
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