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123-22 - Resolution - Purchase of Vacant PropertyDocuSign Envelope ID: 2672850D-6OF5-4DD9-AD6C-19AB25565928 RESOLUTION NO. 123-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 111-22, AUTHORIZING THE PURCHASE OF VACANT REAL PROPERTY LOCATED AT THE END OF SHERMAN AVENUE, KITSAP COUNTY TAX PARCEL NO. 022301-3-109-2000, ALSO KNOWN AS RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT NO. LU22-BLA-05, KITSAP COUNTY RECORDING NO. 202212010101. WHEREAS, on October 25, 2022, by Resolution No. 111-22, the City Council authorized the purchase of a parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 022301-3-109-2000 (the "Property"), for the future construction of The South Sydney Neighborhood Regional Drainage Improvement Plan (project #11) (the "Project") to address stormwater issues presented by that area; and WHEREAS, at that time, Resolution No. 111-22 acknowledged that the owner had submitted a Boundary Line Adjustment (BLA) to alter the Property's boundary and legal description as reflected in Exhibit A to that Resolution; and WHEREAS, since the adoption of Resolution No. 111-22, the City approved the BLA (BLA No. LU22-BLA-05, Assessors Recording No. 202212010101), and it is unclear if the County will modify the parcel number of the property as a result; and WHEREAS, accordingly, to clarify the intended purchase, staff recommends amending the previous Resolution to add a full legal description and to reference the recorded BLA; and WHEREAS, additionally, the seller has requested, as a condition of the sale, a Drainage Easement from the City to permit the installation of stormwater drainage lines within the portion of the Property directly east of Blackjack Creek (the "Easement"); and WHEREAS, staff has negotiated the terms of the Easement to balance the City's desired use of the area of the Property identified for the Easement's encumbrance with the seller's request as a condition of the sale and recommends approval; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to amend Resolution No. 111-22 to make the clarifications set forth herein, and to authorize the execution of a Drainage Easement to benefit seller as a condition of the sale; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: Resolution No. 111-22 shall be amended to read as follows: DocuSign Envelope ID: 2672850D-6OF5-4DD9-AD6C-19AB25565928 Resolution No. 123-22 Page 2of14 The City Council authorizes the purchase of the parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 022301-3-109-2000, also known as Resultant Parcel 3 Of Boundary Line Adjustment No. LU22-Bla-05, Kitsap County Recording No. 202212010101, for a purchase price of $850,000, plus closing costs and fees, and authorizes the Mayor to execute all documents necessary to effectuate the purchase, in a form acceptable to the City Attorney, provided that, the City Council's authorization applies to the Property as depicted and legally described on Exhibit A hereto. THAT: The City Council authorizes the Mayor to execute the Drainage Easement set out as Exhibit B hereto, as a term of the transaction. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 131h day of December 2022. DocuSigned by: �b P4M,SU.U. Robert Putaansuu, Mayor ATTEST: G,��ti}titrnr i+rrr7jp1�� DocuSigned by: ��`\[ PART O+?C'/'i�'��i p o +eq r�;�yo•,, L Brandy Wallace, MMC, City Clerk _ SEA,.: �F 411A'�,�`���• '1110" rrront+t 0 DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Resultant Parcel 3 of Boundary Line Adjustment No. LU22-BLA-05, Kitsap County Recording No. 202212010101 (Kitsap Tax Parcel #022301-3-109-2000) THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 11; THENCE SOUTH 02019'34" WEST ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 11, A DISTANCE OF 71.29 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTHEAST SEDGEWICK ROAD (ALSO KNOWN AS STATE ROUTE 160) AND A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 622.72 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 32005'00" EAST, THROUGH A CENTRAL ANGLE OF 10046" 9", AN ARC DISTANCE OF 117.08 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 81-07,49" WEST, A DISTANCE OF 67.34 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 53058,411, WEST, A DISTANCE OF 240.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36012'36" WEST, A DISTANCE OF 185.44 FEET; THENCE SOUTH 49049'15" WEST, A DISTANCE OF 333.35 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 49012'25" WEST, THROUGH A CENTRAL ANGLE OF 11013123", AN ARC DISTANCE OF 41.13 FEET TO A POINT OF TANGENCY; THENCE NORTH 52000'58" WEST, A DISTANCE OF 36.87 FEET; THENCE SOUTH 86025'56" WEST, A DISTANCE OF 133.49 FEET; THENCE SOUTH 30050'30" WEST, A DISTANCE OF 61.22 FEET; THENCE SOUTH 64009'40" WEST, A DISTANCE OF 41.94 FEET; THENCE SOUTH 09044'01" WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 22045'08" EAST, A DISTANCE OF 53.95 FEET; THENCE SOUTH 36°54'19" EAST, A DISTANCE OF 100.29 FEET; THENCE SOUTH 19036'30" WEST, A DISTANCE OF 42.79 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SR 16, AS DEPICTED ON OLYMPIC DRIVE TO TREMONT STREET RIGHT OF WAY AND LIMITED ACCESS PLAN SHEET 16 OF 21 ON FILE WITH THE DIRECTOR OF TRANSPORTATION IN OLYMPIA, WASHINGTON; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY THE FOLLOWING THREE COURSES; NORTH 38055'06" WEST, A DISTANCE OF 202.38 FEET; NORTH 33034'48" WEST, A DISTANCE OF 294.55 FEET; NORTH 20044'50" WEST, A DISTANCE OF 289.77 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND ALONG SAID WEST LINE, NORTH 02031'50" EAST, A DISTANCE OF 1,301.63 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89002,251, EAST, A DISTANCE OF 660.74 FEET; THENCE SOUTH 02035'28" WEST, A DISTANCE OF 866.58 FEET; DocuSign Envelope ID: 2672850D-6OF5-4DD9-AD6C-19AB25565928 THENCE SOUTH 89002'28" EAST, A DISTANCE OF 171.79 FEET; THENCE SOUTH 14022'38" WEST, A DISTANCE OF 141.90 FEET; THENCE SOUTH 40009'29" EAST, A DISTANCE OF 244.77 FEET; THENCE SOUTH 04042'13" WEST, A DISTANCE OF 152.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 29.06 ACRES, MORE OR LESS DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 Recording Requested By And When Recorded Mail To: Roland & Roland 11061 Arroyo Beach Place SW Seattle, WA 98146 DOCUMENT TITLE: EASEMENT FOR DRAINAGE LINES REFERENCE NUMBER OF RELATED DOCUMENT(S): BARGAIN AND SALE DEED, Recording No. BOUNDARY LINE ADJUSTMENT NO. LU22-BLA-05, Recording No. 202212010101 GRANTOR(S): CITY OF PORT ORCHARD, a Municipal Corporation GRANTEE(S): ROLAND & ROLAND, a Washington General Partnership ABBREVIATED LEGAL DESCRIPTION: RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT RECORDED IN VOLUME 97 OF SURVEYS, PAGES 48 THROUGH 53, INCLIUSIVE, UNDER AUDITOR'S FILE NO. 202212010101, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2 AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. ASSESSOR'S TAX / PARCEL NUMBER(S): 022301-3-109-2000; 022301-3-108-2001;112301-2-051-2009 DRAINAGE EASEMENT AGREEMENT THIS DRAINAGE EASEMENT AGREEMENT ("Agreement") is made this day of , 2022, by and between, CITY OF PORT ORCHARD, a municipal corporation ("Grantor"), and ROLAND & ROLAND, a Washington General Partnership ("Grantee"). RECITALS: A. Grantor acquired certain property (Parcel No. 022301-3-109-2000, also known as Resultant Parcel 3 of Boundary Line Adjustment No. LU22-BLA-05, Recording No. 202212010101) ("Grantor's Property") from Grantee under a Bargain and Sale Deed. Drainage Easement Page 1 of 8 1710674.2 - 366922 -0009 DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 B. Grantee owns the adjoining property (Parcel Nos. 022301-3-108-2001; 112301-2-051- 2009, also known as Resultant Parcels 1 and 2 of Boundary Line Adjustment No. LU22- BLA-05, Recording No. 202212010101) ("Grantee's Property"). Grantee, including its successors in interest, may develop Grantee's Property at some point in the future. C. As consideration for the sale of Grantor's Property, Grantee requested a drainage easement to allow Grantee to drain Grantee's Property over a portion of Grantor's Property set out on Exhibits A and B hereto (the "Drainage Easement Area") and into Black Jack Creek, which is located on Grantor's Property, and Grantor agreed. D. In addition, Grantee needs access to a portion of Grantor's Property to install drainage facilities including all facilities, ponds, connectors and appurtenances (the "Drainage Lines") at such as time when Grantee's property is developed and to serve the development into the future. E. Since Grantee has not yet designed the development of Grantee's Property nor designed or engineered the storm drainage that will serve the future development, the exact location of where the storm drainage facilities, including the Drainage Lines, will be located is not yet known. F. The Parties agree that they will cooperate in locating the storm drainage facilities such as to minimize interference with Grantor's use of Grantor's Property. AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties agree as follows: 1. Nature and Location of Drainage Easement. Grantor has acquired from Grantee certain real property legally described in Exhibit "C'; attached hereto and incorporated herein by this reference ("Grantor's Property"). The Drainage Easement granted by Grantor herein shall be a permanent drainage easement for the benefit of Grantee over, upon, across, through and under the Drainage Easement Area, provided however, the exact location of the Drainage Lines, as described herein, will be located within the initially described Drainage Easement Area and the specific area encumbered identified in an amendment to this Agreement. The final Drainage Easement Area shall be defined as the area reasonably necessary to allow for the construction, operation, maintenance and replacement of the storm drainage system approved by the City of Port Orchard under applicable City codes to accommodate full development of the Grantee's Property. Once the Drainage Lines are constructed and approved by the City and the final Drainage Easement Area defined via an amendment to this Agreement any future modification to Drainage Easement Page 2 of 8 1710674.2 - 366922 -0009 DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 the Drainage Lines shall be reflected in a subsequent amendment to this Agreement. This Drainage Easement shall be for the purposes of installing, laying, constructing, maintaining, inspecting, repairing, removing, replacing, renewing, using and operating storm Drainage Lines in the Drainage Easement Area to serve the Grantee's Property, and includes the right of ingress and egress within the Drainage Easement Area with all necessary vehicles and equipment for said purposes. 2. Drainage Easement Area. The Drainage Easement Area is legally described in ExhibitA and depicted in Exhibit B, both of which are attached hereto and incorporated herein by this reference. Grantee shall further provide Grantor with "as -built" drawings of the Drainage Lines upon completion of construction. 3. Right of Entry. Grantee shall have the right, without notice and without prior institution of any suit or proceeding at law or equity, at all times as may be necessary to enter upon the Drainage Easement Area for the purpose of installing, laying, constructing, maintaining, inspecting, repairing, removing, replacing, renewing, using, maintaining and operating the Drainage Lines for the purposes of serving Grantee's Property with stormwater drainage. Such right of entry is conditioned upon Grantee having obtained all required permits for performing the work. Except for disturbances to Grantor's Property that may result from the Grantee's exercise of its rights under this Drainage Easement, which Grantor agrees shall not be considered damage, Grantee agrees that it will not damage Grantor's Property. Notwithstanding the foregoing, Grantee shall not do anything that creates a hazard or environmental damage to Grantor's Property, including but not limited to Black Jack Creek or any critical area. Grantee further agrees to restore, within a reasonable time, Grantor's Property as nearly as reasonably possible to the condition existing immediately prior to any damage from construction, operation, maintenance, repair, or replacement of the Drainage Lines. 4. Encroachment/Construction Activity. After such time as the Drainage Lines have been installed, Grantor shall not undertake, authorize, permit or consent to any construction or excavation including, without limitation, digging, tunneling, or other forms of construction activity on or near the Drainage Lines which might in any fashion unearth, undermine, or damage the Drainage Lines or endanger the lateral or other support of the Drainage Lines without Grantee's prior written approval which shall not be unreasonably withheld, conditioned, or delayed. Grantor and Grantee jointly agree that no structure or obstruction including, without limitation, fences and rockeries shall be erected over, upon or within the Drainage Easement Areas and near the Drainage Lines, except as provided herein. Provided, however, Grantor shall have full use of the Drainage Easement Area, so long as such use does not interfere with the operation of the Drainage Lines. 5. Maintenance Obligations. Grantee shall be responsible for any maintenance work, repairs, improvements and/or restoration to the Drainage Lines located on the Drainage Easement Drainage Easement Page 3 of 8 1710674.2 - 366922 -0009 DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 area. The Grantee is the Party solely responsible to improve and maintain the Drainage Easement in the matter described in this paragraph and to restore Grantor's Property as set forth in Section 3 above. The standard for maintenance shall be that required to conform to the City's applicable codes. 6. Binding Effect; Warranty of Title. The Drainage Easement and the covenants, terms, and conditions contained herein are intended to and shall run with both Grantor's and Grantee's respective Real Property and shall be binding upon Grantee and Grantor and their respective successors, heirs and assigns. Grantor warrants that Grantor owns title to Grantor's Property as received from Grantee under a Bargain and Sale Deed and warrants the Grantee title to and quiet enjoyment of the Drainage Easement. 7. Entire Agreement. This Agreement states all of the terms and conditions for the Drainage Easement. All exhibits attached hereto are incorporated herein by this reference. Modification or waiver of any provisions of the Agreement shall be effective only if made in writing and executed with the same formalities of this Agreement. 8. Recording. Upon its execution, the Drainage Easement, including its Exhibits shall be recorded by Grantor with the Kitsap County Auditor's Office in Kitsap County, Washington. 9. Exhibits Exhibit A - Legal Description of Drainage Easement Area Exhibit B - Map of Drainage Easement Area Exhibit C - Legal Description of Grantor's Property GRANTOR: CITY OF PORT ORCHARD, a Washington Municipal corporation By: Its: Date: Drainage Easement Page 4 of 8 1710674.2 - 366922 -0009 GRANTEE: ROLAND & ROLAND, a Washington General Partnership By: Its: Date: DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 NOTARY FOR GRANTOR STATE OF WASHINGTON ) ) ss: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Robert Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Port Orchard, a municipal corporation, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: Drainage Easement Page 5 of 8 1710674.2 - 366922 -0009 DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 NOTARY FOR GRANTEE STATE OF WASHINGTON ) ) SS: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Roland & Roland, a Washington General Partnership, to be the free and voluntary act of such partnership for the uses and purposes mentioned in the instrument. Dated NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: Drainage Easement Page 6 of 8 1710674.2 - 366922 -0009 DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 EXHIBIT "A" DRAINAGE EASEMENT THAT PORTION OF RESULTANT PARCEL D OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.200811040156 AND AS CORRECTED BY AFFIDAVIT OF MINOR CORRECTION RECORDED UNDER AUDITOR'S FILE NO.200901090032, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, BOTH IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON., LYING EASTERLY OF THE CENTERLINE OF BLACKJACK CREEK AND SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED RESULTANT PARCEL D; THENCE SOUTH 89°02'25" EAST, ALONG THE NORTH LINE THEREOF, A DISTANCE OF 660.74 FEET TO THE EASTERLY LINE THEREOF; THENCE SOUTH 02°35'28" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 866.58 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE HEREINAFTER REFERRED TO AS "POINT A" AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 89-02-28" EAST, A DISTANCE OF 69.79 FEET MORE OR LESS TO THE CENTERLINE OF BLACKJACK CREEK; THENCE CONTINUING SOUTH 89°02'28" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 102.00 FEET TO A POINT 171.79 FEET FROM SAID "POINT A"; THENCE SOUTH 14°22'38" WEST, A DISTANCE OF 141.90 FEET; THENCE SOUTH 40°09'29" EAST, A DISTANCE OF 244.77 FEET; THENCE SOUTH 04'42'13" WEST, A DISTANCE OF 152.26 FEET; THENCE SOUTH 36°12'36" WEST, A DISTANCE OF 185.44 FEET; THENCE SOUTH 49°49'15" WEST, A DISTANCE OF 333.35 FEET TO THE SOUTH LINE OF SAID PARCEL D AND THE TERMINUS OF SAID LINE. ALL SITUATE IN SECTIONS 2 AND 11, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON. ENGINEER]f I ri N G• L L C- 4706 97th Street Northwest, Suite 100, Gig Harbor, WA 98335. ph 253-857-5454. fax 253-509-0044 DocuSign Envelope ID: 2672850D-6OF5-4DD9-AD6C-19AB25565928 S89°02'25"E 660.74' 11�:POINT OF COMMENCEMENT Ico ILO (D cn 00 I 3 ILO N :n Cu I co o I EXHIBIT "B" DRAINAGE EASEMENT LINE CHART: LINE BEARING DISTANCE L1 N89°02'28"W 171.79' L2 N14°22'38"E 141.90' L3 N40°09'29"W 244.77' L4 N04°42'13"E 152.26' L5 N36*i2 36"Ej 185.44' L61 N49°49'15"E 333.35' TRUE POINT OF BEGINNING OF EAST LINE OF EASEMENT _I CIVIL ENGINEERSNSURVEYORSNLAND PLANNERS 4706 97th Street NW, Suite 100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com 0 300 600 SCALE: 1" = 300' EN H. W HIy0p0 ` �N cn -o o 9 38965 s�Tp FGI Nq z ¢ O J� S T L N DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 EXHIBIT C LEGAL DESCRIPTION OF GRANTOR'S REAL PROPERTY Resultant Parcel 3 of Boundary Line Adjustment No. LU22-BLA-05, Kitsap County Recording No. 202212010101 (Kitsap Tax Parcel #022301-3-109-2000) THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 11; THENCE SOUTH 02°19'34" WEST ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 11, A DISTANCE OF 71.29 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTHEAST SEDGEWICK ROAD (ALSO KNOWN AS STATE ROUTE 160) AND A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 622.72 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 32°05'00" EAST, THROUGH A CENTRAL ANGLE OF 10°46'19", AN ARC DISTANCE OF 117.08 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 81°07'49" WEST, A DISTANCE OF 67.34 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 53-58-41" WEST, A DISTANCE OF 240.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36°12'36" WEST, A DISTANCE OF 185.44 FEET; THENCE SOUTH 49'49'15" WEST, A DISTANCE OF 333.35 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 49°12125" WEST, THROUGH A CENTRAL ANGLE OF 11'13'23", AN ARC DISTANCE OF 41.13 FEET TO A POINT OF TANGENCY; THENCE NORTH 52°00'58" WEST, A DISTANCE OF 36.87 FEET; THENCE SOUTH 86°25'56" WEST, A DISTANCE OF 133.49 FEET; THENCE SOUTH 30°50'30" WEST, A DISTANCE OF 61.22 FEET; THENCE SOUTH 64°09'40" WEST, A DISTANCE OF 41.94 FEET; THENCE SOUTH 09°44'01" WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 22°45'08" EAST, A DISTANCE OF 53.95 FEET; THENCE SOUTH 36°54'19" EAST, A DISTANCE OF 100.29 FEET; THENCE SOUTH 19°36'30" WEST, A DISTANCE OF 42.79 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SR 16, AS DEPICTED ON OLYMPIC DRIVE TO TREMONT STREET RIGHT OF WAY AND LIMITED ACCESS PLAN SHEET 16 OF 21 ON FILE WITH THE DIRECTOR OF TRANSPORTATION IN OLYMPIA, WASHINGTON; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY THE FOLLOWING THREE COURSES; NORTH 38°55'06" WEST, A DISTANCE OF 202.38 FEET; NORTH 33°34'48" WEST, A DISTANCE OF 294.55 FEET; NORTH 20°44'50" WEST, A DISTANCE OF 289.77 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND ALONG SAID WEST LINE, NORTH 02°31'50" EAST, A DISTANCE OF 1,301.63 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER Drainage Easement Page 7 of 8 1710674.2 - 366922 -0009 DocuSign Envelope ID: 2672850D-60F5-4DD9-AD6C-19AB25565928 OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89°02125" EAST, A DISTANCE OF 660.74 FEET; THENCE SOUTH 02°35'28" WEST, A DISTANCE OF 866.58 FEET; THENCE SOUTH 89°02'28" EAST, A DISTANCE OF 171.79 FEET; THENCE SOUTH 14°22'38" WEST, A DISTANCE OF 141.90 FEET; THENCE SOUTH 40°09'29" EAST, A DISTANCE OF 244.77 FEET; THENCE SOUTH 04°42'13" WEST, A DISTANCE OF 152.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 29.06 ACRES, MORE OR LESS. Drainage Easement Page 8 of 8 1710674.2 - 366922 -0009