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HomeMy WebLinkAboutOrdinance No. 2024-004 ORDINANCE NO. 2024-004 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY IN THE CITY OF ARLINGTON NECESSARY FOR THE CONSTRUCTION OF A ROUNDABOUT ON 188" STREET NE; DIRECTING STAFF TO EXHAUST ALL REASONABLE NEGOTIATION EFFORTS TO PURCHASE PROPERTY NECESSARY FORTHE PROJECT; DESCRIBING THE PUBLIC CONVENIENCE, USE AND NECESSITY OF THE PROJECT AND SUCH PROPERTY; PROVIDING FOR THE CONDEMNATION, APPROPRIATION AND USE OF THE PROPERTY THEREFORE; PROVIDING THE MODE OF PAYMENT OF COST OF ACQUISITION OF THE PROPERTY; AND DIRECTING THE CITY ATTORNEY TO PROSECUTE SUCH CONDEMNATION ACTION AS MAY BE NECESSARY IN SNOHOMISH COUNTY SUPERIOR COURT IN THE EVENT DIRECT PURCHASE EFFORTS ARE NOTSUCCESSFUL WHEREAS, as part of continuing developments within the City and along 188tn Street NE (the "Project"), the City is preparing to implement infrastructure improvements; and WHEREAS, the Project requires acquisition of certain real property interests and rights for the Project, including the property, rights and interests described in Section 1 below ("Property"); and WHEREAS, the City has been and is continuing to negotiate the purchase of the necessary Property from the Property owner but has yet to conclude a real property purchase and sale agreement for such Property; and WHEREAS, the City Council finds that the Property is necessary and critical to the Project, and that it is in the public interest to have such Property for public health, safety, welfare and transportation needs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Need for Property.The public health, safety, necessity and convenience require the extension and improvement of the City's sewer system for the purposes of the Project, and it is necessary therefore that certain property be condemned, appropriated, taken and damaged for the construction of said improvements and the Project as provided by this Ordinance, specifically including the real property and appurtenant rights, interests and improvements as and over the land legally described in attached Exhibit A, situate in the City of Arlington, Snohomish County, Washington. Section 2. Declaration of Necessity. The City Council, after issuing proper notices, hearing the report(s) of the City Staff, reviewing the planned Project, and conducting a ORDINANCE NO. 2024-004 1 public meeting and hearing thereon, hereby declares that the property, rights, interests and improvements described in Exhibit hereto are necessary for the public use, specifically for the development along 188th Street NE, together with all necessary appurtenances and relatedwork. Section 3. Costs of Acquisition. The costs of acquiring the property, rights, interests and improvements authorized by this Ordinance shall be paid by the capital projects fund of the City of Arlington, or such other funds of the City of Arlington as may be designated from time to time or provided by law. Section 4. Relocation of Tenants. There are no tenants currently located on the property and therefore no relocation assistance under RCW Chapter 8.26 is required. Section 5. Authority of Attorney. The City Attorney, or special outside legal counsel retained for prosecution of this condemnation action, are hereby directed to exhaust reasonable efforts through direct negotiations to acquire the necessary property described herein for the Project. In the event reasonable negotiation efforts are not successful, the City Attorney or special outside legal counsel are hereby authorized and directed to begin and prosecute actions and proceedings in a manner provided by law to condemn,take,damage,and appropriate the property,rights,interests and improvements necessary to carry out the provisions of this Ordinance. In conducting such condemnation proceedings, the City Attorney or special outside legal counsel are hereby authorized to enter into stipulations for the purpose of minimizing damages. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 7. Effective Date.This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 8. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. ORDINANCE NO. 2024-004 2 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 18th day of March, 2024. CITY OF ARLINGTON Don E. Vanney, Mayor ATTEST: ACV6 Wendy Van D r Meersche, City Clerk APPROVED AS TO FORM: Steve J, eiffte, City Attorney ORDINANCE NO. 2024-004 3 EXHIBIT "A" Legal Description—See attached ORDINANCE NO. 2024-004 4 CERTIFICATION OF ORDINANCE I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2024-004 was approved at the March 18, 2024 City Council meeting. ORDINANCE NO. 2024-004 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY IN THE CITY OF ARLINGTON NECESSARY FOR THE CONSTRUCTION OF A ROUNDABOUT ON 188th STREET NE; DIRECTING STAFF TO EXHAUST ALL REASONABLE NEGOTIATION EFFORTS TO PURCHASE PROPERTY NECESSARY FOR THE PROJECT; DESCRIBING THE PUBLIC CONVENIENCE, USE AND NECESSITY OF THE PROJECT AND SUCH PROPERTY; PROVIDING FOR THE CONDEMNATION,APPROPRIATION AND USE OF THE PROPERTY THEREFORE; PROVIDING THE MODE OF PAYMENT OF COST OF ACQUISITION OF THE PROPERTY; AND DIRECTING THE CITY ATTORNEY TO PROSECUTE SUCH CONDEMNATION ACTION AS MAY BE NECESSARY IN SNOHOMISH COUNTY SUPERIOR COURT IN THE EVENT DIRECT PURCHASE EFFORTS ARE NOT SUCCESSFUL" A true and correct copy of the original ordinance is attached. Dated this 19th day of March, 2024 e Wendy Va Der Meersche ' City Clerk for the City of Arlington Exhibit A 1881h Street Roundabout project parcel, right of way and temporary construction easement acquisition information. - Parcel summary table - Right of way plan (WSDOT approved) - Parcel, right of way and temporary construction easement legal descriptions City of Arlington Smokey Point Blvd & 188th St Roundabout Parcel Summary Table Assessor's Tax Parcel Number Fee TE or PE Owner Name Address 31052000103100 Fee&TCE Allen Investments LLC 18725 Smokey Point Blvd 31051700402600 Fee&TCE Stilliguamish Tribe 18811 Smokey Point Blvd 31051700404200 Fee&TCE Stilliguamish Tribe 3105 188'h St 31051700402400 Fee&TCE Stilliguamish Tribe 18825 Smokey Point Blvd 01035100000200 Fee&TCE Ronald Shack&Alicia Wendell 18831 B Smokey Point Blvd 01035100000100 Fee&TCE Kelsy Kazen 18831 A Smokey Point Blvd 31051700402900 Fee Richard Alam—Full purchase 18802 Smokey Point Blvd 31052000100300 Fee&TCE Bintou &Yaya Jammeh 18726 Smokey Pt Blvd 31052000100700 Fee&TCE Smokey Y's LLC 18706 Smokey Point Blvd N 0` • 7 1'� d �j 21 N N w � Z ra o� y ; wa Q CV �o e O > Y O� mO ~� o z Z O v~i ti V � Y m o O \ AAN - � L ja *or Pig 2 O • I I � � a � �� �' `\ � nm�h aazwroor�soir �R��w• T W62 A 4a s�n2a is If 2 tilo\` N :� w z} I ��JJ W S 2 1 0 W to a � O rx a Q EXHIBIT A City of Arlington 188th Street& Smokey Point Blvd. Round About Grantor: Smokey Point Wellness Center, PLLC Tax Parcel No. 31052000103100 Address: 18725 Smokey Point Blvd, Arlington, WA 98223 Parcel 8 Legal Description for Right of Way parcel: That portion of Lot 1 of Short Plat ZA 9210147SP recorded under Snohomish County Auditor's File No. 9404275002 in a portion of the Northeast quarter of the Northeast quarter of Section 20, Township 31 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Northeast corner of said Section 20; thence North 880 59' 36"West, along the North line of said Northeast quarter, a distance of 537.98 feet; thence South 10 00' 24" West a distance of 30.00 feet to a point on the Southerly margin of 188th Street NE and the True Point of Beginning; thence North 880 59' 36"West, along the north line of said Lot 1, a distance of 35.86 feet; thence along said north line, on a curve to the left, having a radius of 25.00 feet, through a central angle of 86°34'18", an arc distance of 37.77 feet; thence along a curve to the right which center bears South 350 09' 56" East, having a radius of 37.50 feet, through a central angle of 8052'19", an arc distance of 5.81 feet; thence along a curve to the right, having a radius of 237.50 feet, through a central angle of 14°23'38", an arc distance of 59.66 feet to the True Point of Beginning. Temporary Construction Easement: Together with a 5.00 feet wide temporary construction easement lying Southeasterly of and adjacent to the hereinabove described Right of Way Parcel. Situate in the County of Snohomish, State of Washington. Page 1 of 1 i 188TH ST NE IROW` TCE A 31052000103100 2� a This data Is provided'as is'without warranty of any kind. The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective,you assume the entire cost of all necessary servicing, repair,or correction. These data and corresponding attributes are not to be used for design purposes,Further,the City of Arlington does not warrant,guarantee,or make any representations regarding the use of,or results from the use of the data in terms of correctness,accuracy, reliability,currentness,or otherwise:and you rely on the data and results solely at your own risk. There are known gaps and inaccuracies in the current data set and the provided information should be considered a draft and in-progress work.Washington State Law,Ch.42.56 RCW,prohibits state and local agencies from providing access to lists of individuals intended for use for commercial purposes and thus,no commercial use may be made of any Data comprising lists of individuals contained herein City+of Arlington ALLEN INVESTMENTS LLC Exhibit B N Right of Way and TCE C Easement Type C1 Scale: F'e EasementsLa outs d �'I RIGHT OF WAY 1:1,000 y J 188thAllenLLCROW TEMPORARY CONSTRUCTION EASEMENT Date Cartographer: 10/13/2023 akc EXHIBIT A City of Arlington 188th Street&Smokey Point Blvd.Round About Grantor:Stillaguamish Tribe of Indians Tax Parcel No.31051700402600 Address: 18811 Smokey Point Blvd,Arlington,WA 98223 Parcel 1 Legal Description for Right of Way Easement Parcel: That portion of the Southeast quarter of the Southeast quarter of Section 17, Township 31 North, Range 5 East of the Willamette Meridian, as conveyed to the Stillaguamish Tribe of Indians, by Statutory Warranty Deed,as recorded under Auditors File No.200712280608,records of Snohomish County,Washington,described as follows: Commencing at the Southeast corner of said Section 17; thence North 88'59'36"West,long the South line of said Southeast quarter,a distance of 634.87 feet to a point on the Easterly margin of State Highway No.1 extended Southerly; thence North 25'37'56"West,along said Easterly margin,a distance of 22.38 feet to a point on the northerly margin of 188th Street NE and the True Point of Beginning; thence South 88'59'36"East,along said northerly margin,a distance of 280.05 feet; thence North 74'57'26"West a distance of 53.73 feet; thence North 89'01'33"West 52.89 feet; thence North 79'34'37"West a distance of 48.90 feet to a point of curvature of a non- tangent curve,the radius of which bears South 0°59' 18"West a distance of 541.31 feet; thence Westerly along said curve an arc distance of 52.76 feet,through a central angle of 5°35'02"to a point of reverse curvature,the radius point of which bears North 4°35'44"West a distance of 74.45 feet; thence Northwesterly along said curve an arc distance of 62.52 feet,through a central angle of 48°06'42"to a point of compound curvature; thence along a curve to the right,having a radius of 482.50 feet,through a central angle of 1°13'03",an arc distance of 10.25 feet to a point of compound curvature; thence along a curve to the right,having a radius of 265.50 feet,through a central angle of 13°24'53",an arc distance of 62.16 feet; thence South 77'38'42"West,a distance of 14.62 feet to a point on said Easterly margin of State Highway No.1; thence South 25'37'56" East,along said Easterly margin,a distance of 99.64 feet to the True Point of Beginning. Temporary Construction Easement Together with a 5.00 feet wide temporary construction easement lying northerly,easterly and adjacent to the hereinabove described Right of Way parcel. Tax Parcel No.31051700404200 Address:Unknown Parcel 2 Legal Description for Right of Way Easement Parcel: That portion of the Southeast quarter of the Southeast quarter of Section 17,Township 31 North, Range 5 East of the Willamette Meridian,as conveyed to the Stillaguamish Tribe of Indians,by Statutory Warranty Deed,as recorded under Auditors File No.200712280608 records of Snohomish County,Washington,described as follows: Commencing at the Southeast comer of said Section 17; thence North 88'59'36"West,along the South line of said Southeast quarter,a distance of 634.87 feet to a point on the Easterly margin of State Highway No.I extended Southerly; thence North 25'37'56"West,along said Easterly margin,a distance of 122.02 feet to the True Point of Beginning; thence North 77'38'42"East,a distance of 14.62 feet to a point of curvature of a non-tangent curve,the radius point of which bears North 58'07'28"East a distance of 263.21 feet; thence along said curve in a Northwesterly direction an arc distance of 30.10 feet,through a central angle of 6°33'09';thence South 630 03'25" West, a distance of 12.68 feet to a point on said Easterly margin;thence South 25'37'56"East, along said Easterly margin,a distance of 26.40 feet to the True Point of Beginning. Temporary Construction Easement Together with a 5.00 feet wide temporary construction easement lying Northeasterly of and adjacent to the hereinabove described Right of Way Parcel. EXHIBIT A City of Arlington 188th Street&Smokey Point Blvd.Round About Situated in the County of Snohomish,State of Washington. Tax Parcel No.31051700402400 Address: 18825 Smokey Point Blvd,Arlington,WA 98223 That portion of the Southeast quarter of the Southeast quarter of Section 17, Township 31 North, Range 5 East of the Willamette Meridian, as conveyed to the Stillaguamish Tribe of Indians, by Statutory Warranty Deed,as recorded under Auditors File No.200712280608,records of Snohomish County,Washington,described as follows: Parcel 3 Legal Description for Right of Way Easement Parcel: Commencing at the Southeast corner of said Section 17; thence North 88'59'36"West,along the South line of said Southeast quarter,a distance of 634.87 feet to a point on the Easterly margin of State Highway No.I extended Southerly; thence North 25'37'56"West,along said Easterly margin,a distance of 148.41 feet to the True Point of Beginning; thence North 63'03'25"East,a distance of 12.68 feet; thence North 24' 12'49"West a distance of 10.70 feet to a point of curvature of a non-tangent curve,the radius point of which bears South 66'57'23"West,a distance of 1037.50 feet; thence Northwesterly along said curve an are distance of 30.65 feet,through a central angle of 1°41'33'; thence North 28'21'31"West a distance of 73.70 feet;thence South 63' 03'25"West,a distance of 10.37 feet to a point on said Easterly margin of State Highway No.1; thence South 250 37'56"East,along said Easterly margin,a distance of 115.00 feet to the True Point of Beginning. Temporary Construction Easement Together with a 5.00 feet wide temporary construction easement lying Northeasterly of and adjacent to the hereinabove described Right of Way Parcel. Situated in the County of Snohomish,State of Washington. EXHIBIT B 31051700404200 051700402400 `t3 O �O 0 2� 31051700402600 TCE ROW 188TH ST NE This data is provided'as is'without warranty of any kind, The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective,you assume the entire cost of all necessary servicing, repair,or correction. These data and corresponding attributes are not to be used for design purposes.Further,the City of Arlington does not warrant,guarantee,or make any representations regarding the use of,or results from the use of the data in terms of correctness,accuracy,reliability,currentness,or otherwise; and you rely on the data and results solely at your own risk. There are known gaps and inaccuracies in the current data set and the provided information should be considered a draft and in-progress work.Washington State Law, Ch.42.56 RCW,prohibits state and local agencies from providing access to lists of individuals intended for use for commercial purposes and thus, no commercial use may be made of any Data comprising lists of individuals contained herein. City of Arlington STILLAGUAMISH TRIBE Exhibit B N Right of Way and TCE C Easement Type k 000,RIGHT OF WAYScale: 1:1 F e EasementsLayouts 188thStillyROW TEMPORARY CONSTRUCTION EASEMENT Dare Cartographer: 10/13/2023 akc EXHIBIT A City of Arlington 188th Street & Smokey Point Blvd. Round About Grantor: Ronald Schack & Alicia Wendell Tax Parcel No. 01035100000200 Address: 18831 Smokey Point Blvd, Arlington, WA 98223 Parcel 4 Legal Description for Right of Way Parcel: That portion of Unit B of Smokey Point Crest Condominium as recorded under Snohomish County Auditor's File No. 200509025002, all in the Southeast quarter of the Southeast quarter of Section 17, Township 31 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Southeast corner of said Section 17; thence North 880 59' 36"West, along the South line of said Southeast quarter, a distance of 634.87 feet to a point on the Easterly margin of State Highway No.1; thence North 250 37' 56"West, along said Easterly margin, a distance of 263.42 feet to the Southwest corner of said Unit B and the True Point of Beginning; thence North 630 03' 25" East, along the South line of said Unit B, a distance of 10.37 feet; thence North 280 21' 31"West a distance of 102.89 feet to a point on the North line of said Unit B; thence South 890 37' 37"West, along said North line, a distance of 6.05 feet to the Northwest corner of said Unit B; thence South 250 37' 53" East, along the West line of said Unit B, a distance of 105.60 feet to the True Point of Beginning. Temporary Construction Easement Together with a 5.00 feet wide temporary construction easement lying Northeasterly of and adjacent to the hereinabove described Right of Way Parcel. Situate in the County of Snohomish, State of Washington. Page 1 of 1 TICE POW 01035 0000020 �30 O G O This data is provided'as is'without warranty of any kind. The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective,you assume the entire cost of all necessary servicing, repair,or correction. These data and corresponding attributes are not to be used for design purposes.Further,the City of Arlington does not warrant,guarantee,or make any representations regarding the use of,or results from the use of the data in terms of correctness,accuracy,reliability,Currentness,or otherwise',and you rely on the data and results solely at your own risk. There are known gaps and inaccuracies in the current data set and the provided information should be considered a draft and in-progress work,Washington State Law,Ch.42.56 RCW,prohibits state and local agencies from providing access to lists of individuals intended for use for commercial purposes and thus;no commercial use may be made of any Data comprising lists of individuals contained herein. City of Arlington WENDELL AND SCHACK Exhibit B N Right of Way and TCE Easement Type Scale: 600 Re EasementsLa outs RIGHT OF WAY 1: y J 188thWendellROW TEMPORARY CONSTRUCTION EASEMENT Date Cartographer: 10/13/2023 akc EXHIBIT A City of Arlington 188th Street& Smokey Point Blvd. Round About Grantor: Kelsy Kazen Tax Parcel No. 01035100000100 Address: 18831 Smokey Point Blvd, Arlington, WA 98223 Parcel 5 Legal Description for Right of Way Parcel: That portion of Unit A of Smokey Point Crest Condominium as recorded under Snohomish County Auditor's File No. 200509025002, all in the Southeast quarter of the Southeast quarter of Section 17, Township 31 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Southeast corner of said Section 17; thence North 880 59' 36"West, along the South line of said Southeast quarter, a distance of 634.87 feet to a point on the Easterly margin of State Highway No.1; thence North 250 37' 56"West, along said Easterly margin, a distance of 369.01 feet to the Southwest corner of said Unit A and the True Point of Beginning; thence North 890 37' 37" East, along the South line of said Unit A, a distance of 6.05 feet; thence North 280 21' 31"West a distance of 50.52 feet; thence North 250 50' 10" West a distance of 19.76 feet; thence North 120 05' 57"West a distance of 0.25 feet to a point on the North line of said Unit A; thence North 890 07' 16"West, along said North line, a distance of 3.42 feet to the Northwest corner of said Unit A; thence South 250 38' 02" East, along the West line of said Unit A, a distance of 69.40 feet to the True Point of Beginning. Temporary Construction Easement Together with a 5.00 feet wide temporary construction easement lying Northeasterly of and adjacent to the hereinabove described Right of Way Parcel. Situate in the County of Snohomish, State of Washington. Page 1 of 1 ROW TCE; 0103510p000100 1 `3 0 0 2 2— This data is provided'as is'without warranty of any kind. The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective,you assume the entire cost of all necessary servicing, repair;or correction. These data and corresponding attributes are not to be used for design purposes.Further,the City of Arlington does not warrant,guarantee,or make any representations regarding the use of,or results from the use of the data in terms of correctness,accuracy,reliability,currentness,or otherwise;and you rely on the data and results solely at your own risk. There are known gaps and inaccuracies in the current data set and the provided information should be considered a draft and in-progress work.Washington State Law,Ch.42.56 RCW,prohibits ` state and local agencies from providing access to lists of individuals intended for use for commercial purposes and \\> thus,no commercial use may be made of any Data comprising lists of individuals contained herein. City ofAihn Ion Exhibit B KAZEN N Right of Way and TCE C Easement Type Scale: F"a Easements Layouts RIGHT OF WAY 1:600 J 188thKazenROW TEMPORARY CONSTRUCTION __- EASEMENT Dale Cartographer: 10/13/2023 akc EXHIBIT A City of Arlington 188th Street& Smokey Point Blvd. Round About Grantor: Richard Alam (Longhorn Saloon) Tax Parcel No. 31051700402900 Address: 18802 Smokey Point Blvd, Arlington, WA 98223 Parcel 6 Legal Description of Parcel: That portion of the South half of the South half of the Southeast quarter of the Southeast quarter of Section 17, Township 31 North, Range 5 East of the Willamette Meridian, described as follows: Beginning at the intersection of the West line of State Road No. 1 and the North line of the County Road known as 188th Street Northeast, located along the South line of said Section 17; thence Northwesterly along the West line of State Road No. 1 a distance of 100 feet; thence left at right angles to State Road No. 1 a distance of 133.87 feet; thence South a distance of 29.5 feet to the North line of said County Road; thence Easterly, along said North line, a distance of 164.38 feet to the Point of Beginning. Situate in the County of Snohomish, State of Washington. Legal description based on Statutory Warranty Deed, Auditor's File No. 201811090470 Page 1 of 1 EXHIBIT A City of Arlington 188th Street& Smokey Point Blvd. Round About Grantor: Bintou & Yaya Jammeh Tax Parcel No. 31052000100300 Address: 18726 Smokey Point Blvd, Arlington, WA 98223 Parcel 7 Legal Description for Right of Way Parcel: That portion of the Northeast quarter of the Northeast quarter of Section 20, Township 31 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Northeast corner of said Section 20; thence North 880 59' 36"West, along the North line of said Northeast quarter, a distance of 668.43 feet to the intersection of the center line of Smokey Point Boulevard and said North line; thence North 880 59' 36"West, along said North line, a distance of 33.56 feet to the Westerly margin of State Highway No. 1; thence South 250 37' 56" East, along said Westerly margin, a distance of 22.38 feet to the South margin of 188th Street NE and the True Point of Beginning; thence South 250 37' 56" East, along said Westerly margin, a distance of 200.00 feet; thence North 880 59' 36"West a distance of 8.07 feet; thence along a curve to the left, which center bears South 58' 57' 37" West, having a radius of 722.50 feet, through a central angle of 0°33'35", an arc distance of 7.06 feet; thence North 150 19' 03"West a distance of 3.54 feet; thence along a curve to the left, which center bears South 580 07' 54"West, having a radius of 723.50 feet, through a central angle of 3057'48", an arc distance of 50.05 feet; thence along a curve to the left, having a radius of 182.50 feet, through a central angle of 32024'22", an arc distance of 103.22 feet; thence along a curve to the right, having a radius of 82.48 feet, through a central angle of 36046'29", an arc distance of 52.94 feet; thence along a curve to the left, having a radius of 62.53 feet, through a central angle of 56049'43", an arc distance of 62.02 feet; thence North 1° 42' 30" East a distance of 5.31 feet to a point on the South margin of 188th Street NE; thence South 880 59' 36" East, along said South margin, a distance of 125.43 feet to the True Point of Beginning. Temporary Construction Easement: Together with a 5.00 feet wide temporary construction easement lying Southwesterly of and adjacent to the hereinabove described Right of Way Parcel. Situate in the County of Snohomish, State of Washington. Page 1 of 1 i 188TH ST NE 1ROW1 \ 31052000100300 TCE `3 0 `G�,off✓' This data is provided'as is'without warranty of any kind. The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective,you assume the entire cost of all necessary servicing, repair, or correction. These data and corresponding attributes are not to be used for design purposes.Further,the City of Arlington does not warrant,guarantee,or make any representations regarding the use of,or results from the use of the data in terms of correctness,accuracy,reliability,currentness,or otherwise.:and you rely on the data and results solely at your own risk_ There are known gaps and inaccuracies in the current data set and the provided information should be considered a draft and in-progress work.Washington State Law.Ch.42.56 RCW,prohibits state and local agencies from providing access to lists of individuals intended for use for commercial purposes and thus;no commercial use may be made of any Data comprising lists of individuals contained herein. Ciry ofArlinglon JAMMEH Exhibit B N Right of Way and TCE c Easement Type Cs ; Scale: p"° J f l RIGHT OF WAY outs 1:1,000 Easements Layouts 188thJammehROW TEMPORARY CONSTRUCTION .-.---..= EASEMENT Date Cartographer: 10/13/2023 akc EXHIBIT A City of Arlington 188th Street & Smokey Point Blvd. Round About Grantor: Smokey YS LLC Tax Parcel No. 31052000100700 Address: 18706 Smokey Point Blvd, Arlington, WA 98223 Parcel 9 Legal Description for Right of Way Parcel: That portion of the Northeast quarter of the Northeast quarter of Section 20, Township 31 North, Range 5 East of the Willamette Meridian, described as follows: Commencing at the Northeast corner of said Section 20; thence North 880 59' 36" West, along the North line of said Northeast quarter, a distance of 668.43 feet to the intersection of the center line of Smokey Point Boulevard and said North line; thence North 880 59' 36"West, along said North line, a distance of 33.56 feet to the Westerly margin of State Highway No. 1; thence South 250 37' 56" East, along said Westerly margin, a distance of 22.38 feet to the South margin of 188th Street NE; thence South 250 37' 56" East, along said Westerly margin, a distance of 200.00 feet to the True Point of Beginning; thence South 25037'56" East, along said westerly margin, a distance of 136.39 feet to the south line of Lot 1 of Short Plat 191 (8-75) as recorded under Auditors File No. 2402025; thence North 88059'36"West, along said south line, a distance of 4.48 feet; thence North 25037'56" West, parallel to westerly margin of said State Highway No. 1, a distance 69.92 feet; thence along a curve to the left, which center bears South 64°22'03" West, having a central angle of 5°24'26", a radius of 722.50 feet, an arc distance of 68.19 feet to the north line of Lot 1 of said short plat; thence South 88°59'36" East, along said north line, a distance of 8.07 feet to the Point of Beginning. Situated in the County of Snohomish, State of Washington Page 1 of 1 EXHIBIT B 188TH ST NE ROW 31052000100700 s ��) o�L J � ❑ This data is provided'as is'without warranty of any kind. The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective,you assume the entire cost of all necessary servicing, repair,or correction. These data and corresponding attributes are not to be used for design purposes.Further,the City of Arlington does not warrant,guarantee,or make any representations regarding the use of,or results from the use of the data in terms of correctness,accuracy,reliability, currentness,or otherwise,and you rely on the data and results solely at your own risk. There are known gaps and inaccuracies in the current data set and the provided information should be considered a draft and in-progress work.Washington State Law,Ch.42.56 RCW,prohibits state and local agencies from providing access to lists of individuals intended for use for commercial purposes and thus,no commercial use may be made of any Data comprising lists of individuals contained herein. I Cih+of Arlington SmokeyYS Exhibit B N Right of Way Easement Type d RIGHT OF WAY Scale: Fie: EasementsLayouts 1:1,000 188thSmokeyYSROW Dace Cartographer: 10/13/2023 akc