resolution no. 2971 a resolution of the city council of

RESOLUTION NO. 2971

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, ACQUIRING RIGHT OF WAY FOR THE SR 410-214TH AVENUE ROUNDABOUT, PROJECT PARCEL 0519031017 AND 0519035003 FROM SAFEWAY, INC. AND SAFEWAY STORES, INC.

WHEREAS, Public Services staff has listed the right of way acquisition of land for the construction of the SR 410-214th Avenue Roundabout in the 2020-2021 Biennial budget; and

WHEREAS, in February of 2019 the Council approved a contract with SCJ Alliance to complete an Interchange Evaluation (ICE) for the SR 410-214th Avenue intersection per Resolution 2722; and

WHEREAS, on April 23, 2019 WSDOT approved the Right of Way Acquisition Procedures; and

WHEREAS, in May of 2019 SCJ Alliance completed the ICE and determined that a Roundabout (RAB) was the intersection treatment for SR 410 and 214th Avenue; and

WHEREAS, in November of 2019 SCJ Alliance completed the right of way plan for the future RAB and the necessary right of way takes; and

WHEREAS, in December of 2019 the Council approved a contract with Universal Field Services to negotiate with the property owners for the right of way necessary to construct the future RAB; and

WHEREAS, Project Parcels #0519031017 and 0519035003 owned by Safeway, Inc. and Safeway stores, Inc. have agreed to sell 766 sf of land in fee for the sum of $31,180.00

NOW THEREFORE, BE IT RESOLVED that the City Council of the Bonney Lake does hereby authorize the Mayor to sign the attached documents to convey the right of way to the City of Bonney Lake.

PASSED by the City Council this 24th day of August, 2021.

________________________________ Neil Johnson Jr., Mayor AUTHENTICATED:

_________________________________ Harwood T. Edvalson, City Clerk

Version Feb. 2018

City of Bonney Lake, Washington

City Council Agenda Bill (AB)

Department/Staff Contact:

mPS / John Woodcock Meeting/Workshop Date:

24 August 2021 Agenda Bill Number:

AB21-115

Agenda Item Type:

Resolution Ordinance/Resolution Number:

2971 Sponsor:

Agenda Subject: Acquire Right of Way for the SR410-214th Avenue Roundabout from Safeway, Inc.

and Safeway Stores, Inc.

Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County,

Washington, Acquiring Right Of Way For The SR410-214th Avenue Roundabout From Safeway, Inc.

And Safeway Stores, Inc.

Administrative Recommendation: Approve

Background Summary: WSDOT prepared the SR 410 Congestion Relief Study in 2018 which

recommended roundabout (RAB) intersections as the appropriate intersection control type along SR 410

east of the 234th Avenue and SR 410 intersection.

The City of Bonney Lake has been planning to upgrade the signal at intersection of 214th Avenue East

and SR 410 for the past fifteen years. WSDOT now requires an Intersection Control Evaluation (ICE)

before an intersection control type is determined.

The City has recently completed the ICE. The existing traffic signal, the traffic signal with improvements,

and roundabout control were assessed. The existing traffic signal will operate at level of service (LOS) D

for the opening year and LOS E in the horizon year. (LOS is a measure of traffic flow, LOS A is best

condition, LOS F is failure.) The traffic signal will operate at LOS D or better for the opening year and

horizon year. The RAB operates at LOS A for the opening year and LOS B in the horizon year.

The traffic signal option with improvements will cost approximately $5,500,000 and the RAB will cost

approximately $3,500,000. The RAB alternative is the safest and consistent with the WSDOT SR 410

Corridor Study.

Right of way (ROW) takes have been determined and funding for the ROW has been budgeted in the

2020-2021 budget cycle.

The City's real-estate acquisition team has negotiated with the owners of Tax Parcels #0519031017 and

#0519035003 and they have agreed to sell their portion of land to the City.

Attachments: Resolution, Title Report Review, Statutory Warranty Deed, Excise Tax Affidavit, Real Property

Voucher, Map

BUDGET INFORMATION

Budget Amount

$90,000 Current Balance

-$10,643.53 Required Expenditure

$31,180 Budget Balance

-$41,823.53 Fund Source

General

Utilities

Other

Budget Explanation: Street CIP: Eden - 301.099.042.595.20.63.01 - SR410-214th Roundabout

Interchange

Revenue Source:Street Fund: REET and Traffic Impact Fees

COMMITTEE, BOARD & COMMISSION REVIEW

Council Committee Review: Community Development

Date: 17 August 2021

Approvals: Yes No

Chair/Councilmember Dan Swatman

Version Feb. 2018

Councilmember Kelly McClimans Sr

Councilmember Tom Watson

Forward to: Consent Agenda: Yes No

Commission/Board Review:

Hearing Examiner Review:

COUNCIL ACTION

Workshop Date(s): Public Hearing Date(s):

Meeting Date(s): Tabled to Date:

APPROVALS

Director:

Ryan JohnstoneMayor:

Neil Johnson Jr.

Date Reviewed

by City Attorney: (if applicable)

FIELD SERVICES, INC .

Northwest Division - Washington

111 Main Street, #105 Edmonds, WA. 98020

Office: 425-673-5559 Fax: 425-673-5579

www.ufsrw.com

Parcel Title and Risk Analysis Summary

Date: 3/18/20

RE: Parcel Title Summary and Risk Analysis Memo - Schedule B - Special Exceptions

Reviewed by: Sam Meldrum

Project Name: City of Bonney Lake - SR410 & 214th Street E RAB #101066

Project Parcel No.: Safeway Inc. & Safeway Stores Incorporated -TIO# 051903-101-7, 051903-102-4 & 051903- 500-3

Title Report# 769188RT, Dated March 25, 2020

Property Owner: Safeway Inc., a Delaware Corporation, as to Parcels A and B and Safeway Stores Incorporated, a Maryland corporation as to Parcel C

D Reviewed - No Comments or concerns on exceptions

~ Reviewed - See Comments

Comments: Fee Acquisition

Exception Risk Analysis and City of Bonney Lake Number Exception Description Recommended Action Comments

1 Real Estate Excise Tax DELETE: City exempt by statute. Low Risk.

2 General Taxes - 2020 DELETE: Set over clause in ( 051903-1 O 1- 7) Affects Parcel A deed. Low Risk.

3 General Taxes - 2020 DELETE: Set over clause in (051903-102-4) Affects Parcel B deed. Low Risk.

4 General Taxes - 2020 DELETE: Set over clause in (051903-500-3) Affects Parcel C deed. Low Risk. Liability of any Personal Property DELETE: Responsibility of

5 Tax (RCW 84.56.070) Personal Property Tax remains with the underlying property owner. Low Risk.

6 ALT A Owner's Policy to be issued DELETE: Information purposes (not a "Homeowner's Policy") onlv. Low Risk. Matters of Security Interests - UCC DELETE: Recommend a search

7 of the UCC records be performed prior to closing to ensure no security interests exist. Low Risk.

Unrecorded Leaseholds REMAIN: If Title Insurance is

8 required, UFS to provide owner's/lessee's affidavit to title. Low Risk.

Proof of Authority -Safeway Inc. DELETE: Certificate of Good 9 Standing, Corporate Resolution

and Signatory Authority and/or

Version 3/2016


areas. The owners will share in the maintenance of a septic and drainage system. A specific permanent ingress and egress easement is reserved along the South feet of the subject property and not in conflict with the project. City Engineer to coordinate with property owners and tenants to provide continual access and to relocate or provide protection for any existing utilities and signs. Low Risk.

Relinquishment of access, light, REMAIN: Subject to - City to

18 view and air to the State of Wash. accept. Cannot delete. Low Risk. (AFN 9208190402) Affects Parcels A & B Community Sewer Tank REMAIN: Easement location not Agreement (AFN 8604080245) disclosed. City Engineer to

19 Affects Parcel C determine if the sewer tank system is in conflict with the project and if so relocate or protect it from damage. Low Risk.

Grant of Utility Easement - City DELETE: Easement is (AFN 8812290287) specifically for sewer utilities and

20 Assignment (AFN 9110090380) is located along the North 50 feet Assigned to: Pierce County of the property, 335' Northwest of Affects Parcel C the project at its nearest point.

Low Risk. Covenant, Condit and/or Restr REMAIN: Subject To - City to (AFN 9209090870) accept per Section 8-4.5.2 (b) of

21 Affects Parcels A & B the WSDOT R/W manual. Weyerhaeuser reserves mineral rights. Low Risk.

Unrecorded Sewer Easement REMAIN: These unrecorded (Affects Parcel B) & unrecorded easements are disclosed by an utility pole easement (Affects the alleged survey under Job. No. South 30 feet of Parcel A & Parcel 81039.05. City Engineer to

22 fil disclosed by instrument (AFN determine if and to what extent 9209090871) any existing sewer and/or utility

pole(s) are in conflict with the project and if so relocate or protect any such existing facilities. Low Risk.

Coven, Condit and/or Restr (AFN REMAIN: This amendment 9209090872) This amends redefines the common areas as exception 17, above. well as areas for future Affects Parcel C development. It further defines a

shared ingress, egress and utility easement along the South and

23 West boundaries of said parcels. This easement only affects the South 30 feet of Parcel C and is not in conflict with the project. City Engineer to coordinate with property owners and tenants to provide continual access and to

Version 3/2016


any other required documentation to be provided to title company prior to closing. Low Risk.

Proof of Authority -Safeway Stores DELETE: Certificate of Good Incorporated Standing, Corporate Resolution

10 and Signatory Authority and/or any other required documentation to be provided to title company prior to closinq. Low Risk.

No conveyances found within the DELETE: Information purposes last 36 months. Vesting Deeds: only. Deeds disclose matters in

11 AFN 9209090871 (as to Parcels A exception no's. 13, 14, 15, 16, 17, and B); and 8110090167 and 18 & 22. Low Risk. 9403140924 (as to Parcel C) Proposed Insured not provided. DELETE: Proposed Insured (City

12 of Bonney Lake) has been submitted to Title Company. Low Risk.

Reservation of Ores and Minerals REMAIN: Subject To - City to

13 (including Coal, Oil and Gas) - accept per Section 8-4.5.2 (b) of Weyerhauser Rights (AFN the WSDOT R/W manual. Low 889413) Risk. Coven, Condit, Restr and/or Ease REMAIN: Parties agree to grant (AFN 8107290265) each other a street and utility right Affects Parcel C of way to be centered on the

common boundary line. City Engineer to determine if any such

14 street and utility rights are in conflict with the project and if so work with the beneficiaries of right of way and/or utilities to relocate or protect these rights and facilities. Low Risk.

Easement & Accessibility REMAIN: Easement is located Agreement (AFN 8107290266) along the South 30 feet of the

15 Affects Parcel C property, 245' South of the project at its nearest point and not in conflict. Low Risk.

Coven, Condit, Restr, Reserv, REMAIN: Short Plat discloses a Ease, and/or Serv. disclosed by 55-foot building setback line Short Plat (AFN 8110090166 a re- located along the North side of recording of AFN 8102250201) Parcel C and is not in conflict with Affects Parcel C the project. There is also a 35'

16 setback line along the East side of Parcel C which may be in conflict with the project. There may be a slight shift of the setback line as a result of the acquisition area. Low Risk.

Coven, Condit, Restr and/or Ease REMAIN: A mutually beneficial (AFN 8110090178) easement for roadways, Amendments (AFN Nos. walkways, ingress, egress and

17 8205280222,9209090872and parking as well as for utilities is 9904200734) granted from each party to the

other within the common areas. Two business signs may be installed within the common

Version 3/2016


relocate or provide protection for any existing utilities and signs. Low Risk.

Matters disclosed by Survey (AFN DELETE: This survey defines a 9210090129) Affects Parcel C small easement area in the

24 Northeast corner of Parcel C, 405' Northwest of the project at its nearest point and is not in conflict with the project. Low Risk.

Easement for Telecommunications DELETE: This easement is Facilities - US West (AFN located in the Northeast corner 9210210390) Affects Parcel C and is illustrated in exception 24,

25 above. The easement is located 405' Northwest of the project at its nearest point and is not in conflict with the project. Low Risk.

Relinquishment of access, light, REMAIN: Subject to - City to

26 view and air to the State of Wash. accept. Cannot delete. Low Risk. (AFN 9211050533) Affects Parcel C Relinquishment of access, light, REMAIN: Subject to - City to

27 view and air to the State of Wash. accept. Cannot delete. Low Risk. (AFN 9211050534) Affects Parcel C Customer Service Easement for REMAIN: Easement location is Underground Gas and Electric - the West 1 0' of the subject PSE (AFN 200310291190) Affects property and may be in conflict Parcels A, B & C with the project along the East

28 side of the subject property. City Engineer to determine if any underground gas or electric utilities are in conflict and relocate or provide protection for any such utilities. Low Risk.

Easement for Water Mains - City REMAIN: Easement is in conflict (AFN 200410150448) with the project located along the

29 Affects Parcel C East side of Parcels A & B. Easement is not in conflict with Parcel C. Low Risk.

The undersigned has reviewed and approved the above exceptions/paragraphs to be deleted or remain on the final title policy to be issued to the City of Bonney Lake.

The undersigned has reviewed, performed analysis, and has approved the above actions as appropriate.

Date

Version 3/2016

TRANSMITTAL UNIVERSAL FIELD SERVICES, INC.

111 MAIN STREET SUITE 105

EDMONDS, WA 98020 Tel: (425) 673-5559

Fax: (425) 673-5579

[email protected]

DATE:

TO:

FROM:

July 28, 2021

John Woodcock, City of Bonney Lake

Brenda Tegman, Sr. Administrative Specialist

RECEIVED AIJG o 4 2021

BY PUtsLIC wuRKS

RE: SR 410 & 214th Avenue E Roundabout Project Project Parcel #051903-1024, 051903-1017, 051903-5003/ Safeway, Inc. and Safeway Stores, Inc.

1) Please coordinate signature and return fully executed originals to Universal:

0 Warranty Deed (X 2) 0 Excise Tax Affidavit (X 2) 0 Parcel Title Summary & Risk Analysis Memo Form 0 Real Property Voucher (please return signed copy to Universal)

2) Please forward to your Accounting Department:

0 Real Property Voucher (please retain original) 0 W-9* (X2)

DO NOT forward payment to property owner until you are notified by Universal

3) Check:

Once you have the check payable to the property owner, please send to me electronically at [email protected] and I will notify the title company to record the documents.

4) Recording and Release of Payment:

When I receive the recording numbers, I will notify you by e-mail to remit the check by certified mail to:

Safeway, Inc. and Safeway Stores, Inc. 250 East Parkcenter Blvd. Boise, ID 83706

5) Owner's Policy:

Rainier Title will issue a standard form of Owner's policy of title insurance in the amount of $ 22,980.00 insuring City of Bonney Lake as owners of the estate (fee) conveyed.

Please do not hesitate to contact me if you have any questions.

*NOTE: Please retain the original W-9; it contains Private Personal Information and the original is provided for your Accounting Department records. For security purposes, we shred file copies of the W-9 upon confirmation of payment. A copy of the W-9 will not be included in the final paper or electronic acquisition folder.

After recording return document to:

City of Bonney Lake

Attn: City Clerk

9002 Main St E

Bonney Lake, WA 98391

Document Title: Warranty Deed

Reference Number of Related Document:

Grantors: Safeway Stores 58, Inc.

Grantee: City of Bonney Lake

Legal Description: Ptn of Lot 1, SP 8110090166, W.M., Pierce County, WA

Additional Legal Description is on Pages 4 & 5 of Document.

Assessor's Tax Parcel Numbers: 051903-5003

WARRANTY DEED

The Grantor, Safeway Stores 58, Inc., a Delaware corporation, for and in consideration

of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, hereby

conveys and warrants to the CITY OF BONNEY LAKE, a Washington municipal corporation,

its successors and assigns, Grantee, the following described real property situated in Pierce

County, in the State of Washington, under the imminent threat of the Grantee's exercise of its

rights of Eminent Domain:

For legal description see Exhibit A and depicted in Exhibit B attached hereto and made a part hereof.

It is understood and agreed that delivery of this deed is hereby tendered and that the

terms and obligations hereof shall not become binding upon the City of Bonney Lake unless

and until accepted and approved hereon in writing for the City of Bonney Lake, by its authorized

agent.

LPA-302 10/2014

Page l of 5 Pages Parcel No. 051903-5003

WARRANTY DEED

The Grantor hereby requests the Assessor-Treasurer of said County to set-over to the remainder

the lien of all unpaid taxes, if any, affecting the real property hereby conveyed, as provided by

RCW 84.60.070.

Approved as to form:

By: rCA.a &~ 1ts: ~~vi-z.u s~B V\£d·"')

By: we.n<1a, l\ W\t~\ l Its: '? e.. C:.O Uf'Y$e J

STATEOF (~

County of O..d..A_

)

)

: ss

On this Z1..t-.c\ day of ..J ~ , 20 ~. before me personally appeared

\>r:M ~~ to e known to be the Aw:½C!'f,)d S. ~ ~ ~ of the corporation that executed the foregoing instrument, and acknowledged said inst ent to be the

free and voluntary act and d of sa · d corporation, for the uses and purposes therein mentioned,

and on oath stated that e/ e s he are authorized to execute said instrument.

GIVEN under my hand and official seal the day and year last above written.

(SEAL) )

~ NotaryublicinandfortheS f

I AAh--0 , residing at :a,o ,'J..e- My commission expires J l..,v\\.t_.. (p ,'UJZ-t.

----- KANDI L WALTERS

Notary Public · State of Idaho Commission Number 67857

My Commission Expires Jun 6, 2022

LPA-302

10/2014

Page 2 of 5 Pages Parcel No. 051903-5003

WARRANTY DEED

Accepted and Approved

::TYOFgJJ~ Title

Authorized Agent

Date: ~ ( o\o I d\

LPA-302

10/2014


EXHIBIT A RIGHT OF WAY ACQUISITION

NE 1/4 OF THE NE 1/4 SEC. 03, T. 19 N., R. 05 E., W.M. CITY OF BONNEY LAKE, PIERCE COUNTY, WA

A PORTION OF PARCEL 1 OF CITY OF BONNEY LAKE SHORT PLAT RECORDED UNDER AUDITOR'S FILE NUMBER 8110090166, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 05 EAST, W.M., AND BEING FURTHER DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SR 41 O; THENCE SOUTH 83'42'18" EAST 4.77 FEET ALONG THE NORTH LINE OF SAID PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE TO AN ANGLE POINT IN SAID RIGHT OF WAY LINE; THENCE SOUTH 06'17'42" WEST 3.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE; THENCE NORTH 84'27'38" WEST 3.41 FEET; THENCE NORTH 83'38'46" WEST 1.10 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 1; THENCE NORTH 01'30'44" EAST 3.07 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING.

CONTAINING 14 SQUARE FEET, MORE OR LESS.

Page 4 of 5 Pages

EXHIBIT B RIGHT OF WAY ACQUISITION


SR 410

P.O.B. NW COR PARCEL 1

- - - -

N83'38'46"W 1.10'

APN 0519035005

S83' 42'18"E 4.77'

S06"17'42"W 3.02'

N84'27'38"W 3.41'

I - APN 0519035003

PARCEL 1 SP 8110090166

- -

TOTAL AREA = 14 SQ. FT. 0 4}

10'

1" = 10'

LEGEND P.O.B. POINT OF BEGINNING

IZ~ZZZZZZZZ2l RIGHT OF WAY ACQUISffiON AREA

EXISTING RIGHT OF WAY LINE PROPOSED RIGHT OF WAY LINE

--------- CENTERLINE

------------- PROPERTY LINE APN 0519035003 PIERCE COUNlY TAX PARCEL NUMBER

Parametrlx

After recording return document to:

City of Bonney Lake

Attn: City Clerk

9002 Main St E

Bonney Lake, WA 98391

Document Title: Warranty Deed

Reference Number of Related Document:

Grantors: Safeway Inc.

Grantee: City of Bonney Lake

Legal Description: Ptn of Gov't Lot 1 in STR 3-19-SE, W.M., Pierce County, WA

Additional Legal Description is on Pages 4 & S of Document.

Assessor's Tax Parcel Number: 051903-1017

WARRANTY DEED

The Grantor, Safeway Inc., a Delaware corporation, for and in consideration of the sum

of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, hereby conveys and

warrants to the CITY OF BONNEY LAKE, a Washington municipal corporation, its

successors and assigns, Grantee, the following described real property situated in Pierce

County, in the State of Washington, under the imminent threat of the Grantee's exercise of its

rights of Eminent Domain:

For legal description see Exhibit A and depicted in Exhibit B attached hereto and made a part hereof.

It is understood and agreed that delivery of this deed is hereby tendered and that the

terms and obligations hereof shall not become binding upon the City of Bonney Lake unless

and until accepted and approved hereon in writing for the City of Bonney Lake, by its authorized

agent.

LPA-302 10/2014

Page I of 5 Pages Parcel No. 051903-1017

WARRAN TY DEED

The Grantor hereby requests the Assessor-Treasurer of said County to set-over to the remainder

the lien of all unpaid taxes, if any, affecting the real property hereby conveyed, as provided by

RCW 84.60.070.

, Z(fl,j

By: (3y-~cf i3eck;,S'[Y!ly) Its: A1A1H'\ OY; -zeol. S, ~ N\To:J

Approved as to form:

By: wendq II dl ,·+che.I1 Its: 5~- COU() Se.I

STATE OF_\_~ _ ___;;_ _ __,)

Countyof ~ )

OJ.l, this 'l 1,-.A day of J ~ , 20 ..::Jd_, before me personally appeared

· \5 r1./\ ~ to me known to be the 1 ~ Mi of the

corporation that executed the foregoing instrument, and acknowledged aid inst ent to be the

free and voluntary act and de d of said corporation, for the uses and purposes therein mentioned,

and on oath stated that h she 1s the are authorized to execute said instrument.

: ss

GIVEN under my hand and official seal the day and year last above written.

(SEAL)

KANDI L WALTERS Notary Public - State of Idaho Commission Number 67857

My Commission Expires Jun 6, 2022

c~---- Notary Public in and for the State o_f

I~ , residing at13b,J€--

My commission expires d lM,,\Q,_ l,1 "LIJZl._

LPA-302

10/2014


WARRANTY DEED

Accepted and Approved

::TYOF\{»QL: Title

Authorized Agent

Date: 'C) / J lo / J- \

LPA-302

10/2014




A PORTION OF PIERCE COUNTY ASSESSOR PARCEL NUMBER 0519031017, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 05 EAST, W.M., AND BEING FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1 OF CITY OF BONNEY LAKE SHORT PLAT RECORDED UNDER AUDITOR'S FILE NUMBER 8110090166, ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF 214TH AVE. E.; THENCE NORTH 01'43'34" EAST 483.30 FEET ALONG THE EAST LINE OF SAID PARCEL 1 AND SAID WESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88"20'27" WEST 6.20 FEET; THENCE NORTH 11'54'00" WEST 33.46 FEET; THENCE NORTH 06'42'00" WEST 27.26 FEET; THENCE NORTH 21'31'37" WEST 0.10 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL NUMBER 0519031017; THENCE SOUTH 83'42'18" EAST 18.17 FEET ALONG SAID NORTH UNE TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 01'43'34" WEST 58.12 FEET ALONG SND WESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.


//-/()--2~2.0

Pa e 4 of 5 Pages

EXHIBIT B RIGHT OF WAY ACQUISITION


SR 410

✓---. /

r S01'43'34"W 58.12'

I

f------

1

APN 0519035003

PARCEL 1 SP 8110090166

S83'42'1 B"E - - - _ _ 18.17'

---- __ 0519031~ - - --- N21'31'37"W 0.10''---:::;::::.,l"'W \

, ~ "fo N06'42'00"W

\~~ 27.26' ~ N11'54'00"W ' ~ 33.46' I i.J ,\ I~

\ I I :C

\ I I~ \, I I

'\;: I 1 I I

,!-a.I I ~ ,---

P.O.C. §: 1' I ___ ::~1~30•1 TOTAL AREA = 752 SQ. FT.

LEGEND P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF' BEGINNING

V//////////1 RIGHT OF WAY Acou1smoN AREA

EXISTING RIGHT OF WAY LINE PROPOSED RIGHT OF WAY LINE

CENTERLINE

APN 0519031017 PROPERTY LINE Page 5 of 5 Pages PIERCE COUNlY TAX PARCEL NUMBER Parametrlx

REAL ESTATE EXCISE TAX AFFIDAVIT Washington State CHAPTER 82.45 RCW. CHAPTER 458-61A WAC when stamped by cashier.

THrS AFFIDAVIT wn.t, NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED

This form is your receipt

□ Check box if the sale occurred

in more than one location code.

□ Check box If artlal sale, Indicate %

Only for sales ln a single location code on or after Jmrnn.r:,· J, 2020.

PLEASE TYPE OR PRINT

sold,

Name Safewa Stores 58 Inc., a Delaware cor oration

of Bonne Lake a Washin ton munici al

Mailing Address 250 East Parkcenter Blvd City/State/Zip Boise ID 83706 Phone No. (including area code)

cor oration µi!--'====~---------------------t o<W µl (-,

5~ 1:0~

Send all property tax correspondence to: Iii Same as Buycr/Granlcc

Name

Mailing Address

City/State/Zip

Phone No. (including area code)

Mailing Address

City/State/Zip

List all real and personal property tax parcel

account nurnbera- check box if personal property

Ptn of051903-5003 □ □ □ □

List assessed valuc(s)

8,389,900.00

0.00

Street address of property: 21310 State Route 410 East Highway

This property is located in Bonney Lake

D Check box if any of the listed parcels arc being segregated from another parcel, are part of a boundary line adjustment or parcels being merged.

Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)

see Exhibit "A"

Select Land Use Code(s):

145 - Highway and street right of way enter any additional codes:

(Sec back of last page for instructions] YES NO

List all personal properly (tangible and intangible) included in selling price.

None

Was the seller receiving a property tax exemption or deferral O [2] under chapters 84,36, 84.37. or 84.38 RCW (nonprofit ff claiming an exemption, list WAC number and reason for exemption:

organization, senior citizen. or disabled person, homeowner WAC No. (Section/Subsection) 458 .. 61Aw206(1)

with limited income)? ------------------ Reason for exemption

Is this property/redominantly used for timber (as classified under D [l] RCW 84.34 an 84.33) or agriculture (as classified under RCW 84.34.020)? Sec ETA 3215 Under threat of eminent domain

• YES NO

rs this property designated as forest land per chapter 84.33 RCW'/

ls this property classified as current use (open space, farm and agricultural, or timber) land per chapter 84.34 RCW?

Js this property receiving special valuation as historical property per chapter 84.26 RCW?

Jf any answers arc yes, complete as instructed below.

(I) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE)

NEW OWNER(S): To continue the current designation as forest land or

classification as current use (open space, farm and agriculture, or timber) land.

you must sign on (3) belo"·• The county assessor must then determine if the land transferred continues to qualit)' and will indicate by signing below. ff the

land no longer qualifies or you do not wish to continue the designation or dassi

fication, it will be removed and the compensating or additional taxes will be due

and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county

assessor for more infonnation.

□ lZI □ [l] □0

This land O does D docs not qua Ii fy for continuance.

DEPlITY ASSESSOR DATE

(2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY)

NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wisb to continue, all additional tax calcu

lated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or

transferor at the time of sale.

(3) NEW OWNER(S) SIGNATURE

Type of Document

Date of Document

Warranty Deed

Gross Selling Price $ 4:.:2:.:0e,;.0e,0:..

'Personal Property (deduct) $ --------------- Exe mp lion Claimed (deduct) $ 4~2"'0~.0~0~

Taxable Selling Price $ 0_._00_

Excise Tax: State

Less than SS00,000.0l at 1.1% $ 0.00 ------------- From$500,000. 0I toSl,500,000at 1.28% $ ------------'0"'.0""0'-

From $t,500,000.0l to Sl,000,000 at2.75% $ ..,0"".0""-0

Above S3,000,000 at 3.0% $ _,0"'.0"'0'-

Agricuhural and timberland at 1.28% S 0.00 ------------- Tot al Excise Tax: Stale $ --------------'<=<- 0.0050 ! Local $ o_.o~o

•Delinquent Interest: State $ __,0"'.0"'0'-

0.00 Local $

'Delinquent Penalty $ -------------'0"'.~0:...0

~~~$ 000 •StalcTcchnologyFcc S -------------~·-

• Affidavit Proc•;::•~~ ~:: ; =========================~1 ~:-.:~o::0

Name (print)

Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a

fine in an amount fixed by the court ofnot more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020( lC)).

REV 84 OOOta (12/6/19) THIS SPACE -TREASURER'S USE ONLY COUNTY TREASURER



A PORTION OF PARCEL 1 OF CITY OF BONNEY LAKE SHORT PLAT RECORDED UNDER AUDITOR'S FILE NUMBER 8110090166, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 05 EAST, W.M., AND BEING FURTHER DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SR 410; THENCE SOUTH 83'42'18" EAST 4.77 FEET ALONG THE NORTH LINE OF SAID PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE TO AN ANGLE POINT IN SAID RIGHT OF WAY LINE; THENCE SOUTH 06'17'42" WEST 3.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE; THENCE NORTH 84'27'38" WEST 3.41 FEET; THENCE NORTH 83'38'46" WEST 1.10 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 1; THENCE NORTH 01'30'44" EAST 3.07 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING.


//-/1)-2()2.0

REAL ESTATE EXCISE TAX AFFIDAVIT Thisformisyourreceipt

Washington State CHAPTER 82.45 RCW _ CHAPTER 458-6 IA WAC when stamped by cashier.

THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED Only for sales In a single location code on or after January 1, 2020. □ Check box if the sale occurred

in more than one location code.

D Check bnr tr artlal sale, lndknte %

PLEASE TYPE OR PRINT

sold. List percentage of ownenhtp acqutrcd next to each name.

Name Safewa Inc. a Delaware cor oration

~~ ~ ~ ~ Mailing Address 250 East Parkcenter Blvd ~ ~ Mailing Address 9002 Main Street E ~ g City/State/Zip _B_o~i_se~_ID~8~3_7~0~6~----------1 i ~ City/State/Zip


Name Cit of Bonne Lake a Washin ton munici al cor oration

Send all property tax correspondence to: t2I Same as Buyer/Grantee List all real and personal property tax parcel

account numbers- check box if personal property

Name

Mailing Address

City/Siatc/Zip


Ptn of051903-1017 □ □ □ □

List assessed value(s)

826,900.00

0.00

Street address of properly: 21310 State Route 410 East Highway

This property is located in Bonney Lake

D Check box if any of the listed parcels are being scgrcgalcd from another parcel, are part of a boundary line adjustment or parcels being merged.

Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)

see Exhibit "A"

Select Land Use Codc(s):

145- Highway and street right of way enter any additional codes:

(Sec back of last page for instmctions)

Was the seller receiving a property tax exemption or deferral

under chapters 84.36, 84.37, or 84.38 RCW (nonprofit

organization, senior citizen, or disabled person, homeowner

with limited income)'!

YES NO

□0

List all personal property (langible and intangible) included in selling price.

None

Reason for exemption Is this property predominantly used for timber (as classified under O [Z] RCW 84.34 and 84.33) or agricullure (as classified under RCW 84.34.020)'1 Sec ETA 3215 Under threat of eminent domain

• YES NO

Is this property designated as forest land per chapter 84.33 RCW'!

Is this property classified as current use (open space. farm and agricullural, or timber) land per chapter 84.34 RCW'!

~~~h~hr;~e82'2~~ft$, special valuation as historical property

If any answers are yes, complete as instructed below.

(I) NOTICE OF CONTINUANCE ffOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or

classification as current use (open space, fann and agriculture, or timber) land, you must sign on (3) below, The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. 1f the land no longer qualifies or you do not wish to continue the designation or classi fication. it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or

RCW 84.34.108). Prior to signing (3) below, you may contact your local county

assessor for more infonnation.

□0 □ 0 □ 0

This land D docs O docs not qualify for continuance.

DEPUTY ASSESSOR DATE

(2) NOTICE OFCOMPLIANCF. (HISTORIC PROPERTY)

NEW O\VNER(S): To continue special valuation as historic property, sign (3)

below. If the new owncr(s) docs not wish to continue, aJI additional tax calcu lated pursuant to chapter 84.26 RC\V, shall be due and payable by the seller or

transferor at the time of sale.

(3) NEW OWNER(S) SIGNATURE

Tf claiming an exemption, list WAC number and reason for exemption:

WAC No. (Seclion/Subscction) 458-61A-206(1) -----------------

Type of Document

Date of Document

Warranty Deed

Gross Selling Price $ 2~2~5_6_0~.0~0- •Personal Property (deduct) $ --------------- Ex cm pl ion Claimed (deduct) $ ----------~2=2~,5~6~0=.0=0~

Taxable Selling Price $ 0.00 --------------- Excise Tax: Stale

Less than S500,000.0t al 1.1% $ 0.00 ------------- From $500.000.01 lo St,500,000 at 1.28% $ -----------~0~.0~0

From$1,500,000.01 to$3,000,000at2.75% $ -----------~0~.0=

Abovc$3,000,000at3.0% $ -----------~0~.0=0 Agricultural and timberland at 1.28% $ 0.00 -------------

Tot a 1 Excise Tax: State $ --------------"'-"-"'-- 0.0050 ! Local $ ----------~o~.o~o

*Delinquent Interest: Stale $ -------------"0,.,.0"'0'-- Local $ 0.00

"Delinquent Penalty S ------------~0~O"'0'-

Subtotal $ 0 00 "State Technology Fee $ ------------~~· -

• Affidavit Proc~::~ ~:: ! =========================1~~:·.~=~~ I CERTIFY UNllE

Signature of Grantor or Grantor's Agent

Name (print) J3rc,d ~C~ rl\'\ Date & city of signing '6of~l 1 jrijuz.

Name (print)

Perjury: Perjury is n class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a

fine in an amount fixed by the court ofnot more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020(1C)).

REV 84 0001a (12/6/19) THIS SPACE - TREASURER'S USE ONLY COUNTY TREASURER



A PORTION OF PIERCE COUNTY ASSESSOR PARCEL NUMBER 0519031017, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 05 EAST, W.M., AND BEING FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1 OF CITY OF BONNEY LAKE SHORT PLAT RECORDED UNDER AUDITOR'S FILE NUMBER 8110090166, ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF 214TH AVE. E.; THENCE NORTH 01'43'34" EAST 483.30 FEET ALONG THE EAST LINE OF SAID PARCEL 1 AND SAID WESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING; THENCE NORTH ss·20'27" WEST 6.20 FEET; THENCE NORTH 11'54'00" WEST 33.46 FEET; THENCE NORTH 06'42'00" WEST 27.26 FEET; THENCE NORTH 21'31'37" WEST 0.10 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL NUMBER 0519031017; THENCE SOUTH 83' 42' 18" EAST 18.17 FEET ALONG SAID NORTH LINE TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 01'43'34" WEST 58.12 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.


11--10 .. z()z.o

REAL PROPERTY VOUCHER A<:il:;111{.;T l'V\ME I he~ C8llify under penalty of peojury 1hat the llams and amount.I lllled herei n are

proper dlargee egalnet the Agency, that Iha same or any pert thereof

City of Bonney Lake hn not been paid, and Iha! I am aulhortzed to algn forlhe dalma nt.

9002 Main Street E ~ - Bonney Lake, WA 98391 SIGr All RE(ININ , FO EACH ClAlMANT DATED

Sa ~·:•·i \ /\ ~J 7/i1-/11 I) GRANTOR OR CLAIMANT (NAME, ADDRESS) TIN/SSN: Safeway Inc. and Safeway Stores 58, Inc. aeeFormW-9 X Wt\\ 250 East Parkcenter Blvd. By: g~d Ke~ / Boise, ID 83706

H's: r-i~~ ~ 6'\ ,vVJ...,,.. I V -._j

PROJECT NO. AND TITLE Saf~ r:~Sto,o&\lnc. ✓ 1/t:z-/71 SR 410 & 214th Ave E Roundabout Project I

X .;..._.,/\ /' ,~

LVW\\ FEDERAL AID NO. PARCEL NO. I By: lS° n_a ~~ ) NIA 051903-1017,0S1903-5003

~,-uJi&l~~ It's: In full, cornplele and final payrnon t and aelllument fur the title or Interest conveyed er releaaad , ea fully 1et fDrlh In: OA1w $ AMUUNl

ILANO: tee /00 ~- :u,t;,'ll'llU,uu +

1nn:...-r,,v..- ... ," ... , ... ta: MeCllum I rees, Me111um ~llntl)S ;1m,i;uu,uu + ·~ : ;:JIU,UU

Cost to Cure + Proximity + Other + ~

!Al w._,,..,_, 10 J>V,VV

JC (Just Compen••tlon) Amount S3I,180.uu :

Uneconomic Remnant + Excess Acquisition +

DEDUCTIONS: Amount Previously Paid Performance Bond

Salvage Amount Pre Paid Rent Other

ADMINISTRATIVE SETTLEMENT + STATUTORY EVALUATION ALLOWANCE + ESCROWrEE + REAL ESTATE l:XCISE TAX + OTHER:

/) - + ACQUISITION AGENT aM,?tfl-.-1/ DATE I Voucher NO. TOTAL AMUUN I l'IUU

Anthony J. MacDonald 7/26/21 $31,180.00

AUTHORIZED AGENT FOR AGEN') ~, IJ ~{) DATE

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Documents