STIPULATION AND ORDER AMENDING CONSENT DECREE

WALTER T. McGOVERN, District Judge.

WHEREAS, the claims brought by the United States of America ("United States") in this action were resolved by consent decrees previously entered by this Court;

WHEREAS, Paragraphs 18-22 of the Consent Decree entered by this Court on or about February 3, 2000 ("Consent Decree"), provides for the protection and preservation of certain properties formerly owned by some of the defendants in this action, and those properties now are owned and preserved by the City of Arlington consistent with the Consent Decree;

WHEREAS, the City of Arlington desires to develop a road that would run through some of the property identified in Paragraphs 18-22 of the Consent Decree, including Lot 11 and Lot 12;

WHEREAS, the City of Arlington owns Lot 11 identified in the Consent Decree, and Vern Rengen owns Lot 12 identified in the Consent Decree;

WHEREAS, most of the footprint of the desired road adjacent to Lot 11 would be located on the "60' Road Easement" shown on the map in Appendix B of the Consent Decree, but some portion of the desired road would be located on a part of Lot 11 that currently is subject to restrictions imposed pursuant to the Consent Decree;

WHEREAS, the United States, through the United States Army Corps of Engineers and the United States Environmental Protection Agency, has determined that it would be appropriate to lift the Consent Decree's land use restrictions to allow road development on a portion of Lot 11 in exchange for transfer to the City of Arlington of a much larger portion of Lot 12 and placement of land use restrictions on the transferred portion of Lot 12;

WHEREAS, the determination of the United States in the previous paragraph includes a determination that the portion of Lot 12 to be exchanged is not a "water of the United States" within the meaning of the Clean Water Act, 33 U.S.C. §§ 1251 et seq.;

WHEREAS, the portions of Lot 11 and Lot 12 that would be subject to this exchange are shown on the map in Attachment A in green (Lot 11) and blue and red (Lot 12), respectively, and the legal descriptions of those portions of Lot 11 and Lot 12 are provided in Attachments B and C, respectively;

WHEREAS, Vern Rengen, the owner of Lot 12, has agreed to transfer to the City of Arlington those portions of Lot 12 shown on the map in Attachment A and described in Attachment C, in exchange for those portions of Lot 11 shown on the map in Attachment A and described in Attachment B, so that road development can proceed as planned by the City of Arlington;

WHEREAS, the City of Arlington has agreed to acquire those portions of Lot 12 shown on the map in Attachment A and described in Attachment C from Vern Rengen and to protect and preserve those portions of Lot 12 in the same manner as the other parcels the City of Arlington now owns that are the subject of the Consent Decree;

WHEREAS, Paragraph 47 of the Consent Decree requires that all modifications to the Consent Decree be in writing and approved by this Court; and

WHEREAS, this modification of the Consent Decree has no effect on the defendants named in this action because the defendants no longer have any legal interest in the properties protected by Paragraphs 18-22 of the Consent Decree, and all claims against defendants have been resolved, so that this modification affects the legal interests of the United States, the City of Arlington, and Vern Rengen,

NOW THEREFORE, in consideration of the foregoing recitals, and upon the consent of the undersigned, it is hereby ORDERED, ADJUDGED, and DECREED that the Consent Decree is modified as follows:

1. Upon entry by the Court of this Order, the City of Arlington may acquire from Vern Rengen the portion of Lot 12 shown on the map in Attachment A and further described in Attachment C, and Vern Rengen may acquire from the

City of Arlington the portion of Lot 11 shown on the map in Attachment A and described in Attachment B.

2. Prior to transfer of the portion of Lot 11 described in paragraph 1, the City shall remove the restrictions on use previously placed on that portion of Lot 11 by the covenants recorded under Snohomish County Auditor's File No. 200710160454. Upon acquisition of the portion of Lot 12 described in Paragraph 1, the City shall place on that portion of Lot 12 the same restrictions on use placed on the other parcels subject to the covenants recorded under Snohomish County Auditor's File No. 200710160454.

3. After the terms of Paragraph 2 have been met, the City of Arlington shall record this Stipulation and Order Amending Consent Decree as provided in Paragraph 18 of the Consent Decree.

4. After the terms of Paragraphs 2 and 3 have been met, the provisions of Paragraph 4 of the Consent Decree (requiring owners of properties including Lot 11 and portions of Lot 12 to comply with the terms of the Consent Decree): (a) shall apply to the portion of Lot 12 shown on the map in Attachment A and further described in Attachment C; and (b) shall no longer apply to the portion of Lot 11 shown on the map in Attachment A and further described in Attachment B.

SO ORDERED.

ATTACHMENT A

ATTACHMENT B

LEGAL DESCRIPTION FOR THE PORTION WEST OF THE "ARLINGTON VALLEY ROAD" RIGHT OF WAY

THAT PORTION OF LOT 11 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF LOTS 9, 10 AND 11 OF THE ARLINGTON INDUSTRIAL PARK, AS RECORDED UNDER AUDITOR FILE NUMBER 7803100289, LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF ARLINGTON, COUNTY OF SNOHOMISH, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001; THENCE SOUTH 79°00'17" EAST, ALONG THE SOUTH LINE OF SAID LOT 11, A DISTANCE OF 0.04 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT, WHICH CENTER OF CURVE BEARS SOUTH 78°26'22" EAST, HAVING A RADIUS OF 1041.00 FEET, THROUGH A CENTRAL ANGLE OF 17°21'10", AN ARC DISTANCE OF 315.28 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 11; THENCE NORTH 79°00'17" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 50.49 FEET TO THE NORTHWEST CORNER OF SAID LOT 11; THENCE SOUTH 10°59'36" WEST, ALONG THE WEST LINE OF SAID LOT 11, A DISTANCE OF 310.00 FEET TO THE POINT OF BEGINNING.

City of Arlington to Vern Rengen 4-19-17

ATTACHMENT C

LEGAL DESCRIPTION FOR THE "ARLINGTON VALLEY ROAD" RIGHT OF WAY

THAT PORTION OF LOT 12 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF LOTS 4, 11 AND 12 OF THE ARLINGTON INDUSTRIAL PARK, AS RECORDED UNDER AUDITOR FILE NUMBER 7803100289, LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF ARLINGTON, COUNTY OF SNOHOMISH, STATE OF WASHINGTON, LYING 19.00 FEET EASTERLY AND 41.00 FEET WESTERLY OF THE FOLLOWING DESCRIBED ROAD CENTERLINE;

COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 12 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001; THENCE SOUTH 79°00'17" EAST, ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 93.67 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE ALONG A CURVE TO THE RIGHT, WHICH CENTER OF CURVE BEARS SOUTH 60°19'32" EAST, HAVING A RADIUS OF 1000.00 FEET, THROUGH A CENTRAL ANGLE OF 6°08'15", AN ARC DISTANCE OF 107.12 FEET; THENCE NORTH 35°48'43" EAST, A DISTANCE OF 552.85 FEET; THENCE ON A CURVE TO THE RIGHT, WHICH CENTER OF CURVE BEARS SOUTH 54°11'17" EAST, HAVING A RADIUS OF 1000.00 FEET, THROUGH A CENTRAL ANGLE OF 17°42'07", AN ARC DISTANCE OF 308.96 FEET; THENCE NORTH 53°30'50" EAST, A DISTANCE OF 232.49 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12, WHICH POINT BEARS SOUTH 87°56'19" EAST, A DISTANCE OF 701.61 FEET FROM THE NORTHWEST CORNER OF SAID LOT 12, AND SAID POINT IS THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.

TOGETHER WITH A 15.00 FEET STRIP OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, SAID STRIP OF LAND LYING BETWEEN 41.00 FEET WESTERLY AND 56.00 FEET WESTERLY OF THE HEREIN DESCRIBED ROAD CENTERLINE.

LEGAL DESCRIPTION FOR PORTION OF LOT 12 LYING EAST OF "ARLINGTON VALLEY ROAD" RIGHT OF WAY

THAT PORTION OF LOT 12 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF LOTS 4,11 AND 12 OF THE ARLINGTON INDUSTRIAL PARK, AS RECORDED UNDER AUDITOR FILE NUMBER 7803100289, LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF ARLINGTON, COUNTY OF SNOHOMISH, STATE OF WASHINGTON, LYING EASTERLY OF A LINE 19.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED ROAD CENTERLINE;

COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 12 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001; THENCE SOUTH 79°00'17" EAST, ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 93.67 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE ALONG A CURVE TO THE RIGHT, WHICH CENTER OF CURVE BEARS SOUTH 60°19'32" EAST, HAVING A RADIUS OF 1000.00 FEET, THROUGH A CENTRAL ANGLE OF eWIS", AN ARC DISTANCE OF 107.12 FEET; THENCE NORTH 35°48'43" EAST, A DISTANCE OF 552.85 FEET; THENCE ON A CURVE TO THE RIGHT, WHICH CENTER OF CURVE BEARS SOUTH 54°11'17" EAST, HAVING A RADIUS OF 1000.00 FEET, THROUGH A CENTRAL ANGLE OF 17°42'07", AN ARC DISTANCE OF 308.96 FEET; THENCE NORTH 53°30'50" EAST, A DISTANCE OF 232.49 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12, WHICH POINT BEARS SOUTH 87°56'19" EAST, A DISTANCE OF 701.61 FEET FROM THE NORTHWEST CORNER OF SAID LOT 12, AND SAID POINT IS THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.

LEGAL DESCRIPTION FOR THE PORTION WEST OF THE "ARLINGTON VALLEY ROAD" RIGHT OF WAY

THAT PORTION OF LOT 11 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF LOTS 9, 10 AND 11 OF THE ARLINGTON INDUSTRIAL PARK, AS RECORDED UNDER AUDITOR FILE NUMBER 7803100289, LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF ARLINGTON, COUNTY OF SNOHOMISH, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11 OF THE CITY OF ARLINGTON BOUNDARY LINE ADJUSTMENT, AS RECORDED UNDER AUDITOR FILE NUMBER 9802065001; THENCE SOUTH 79°00'17" EAST, ALONG THE SOUTH LINE OF SAID LOT 11, A DISTANCE OF 0.04 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT, WHICH CENTER OF CURVE BEARS SOUTH 78°26'22" EAST, HAVING A RADIUS OF 1041.00 FEET, THROUGH A CENTRAL ANGLE OF 17°21'10", AN ARC DISTANCE OF 315.28 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 11; THENCE NORTH 79°00'17" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 50.49 FEET TO THE NORTHWEST CORNER OF SAID LOT 11; THENCE SOUTH 10°59'36" WEST, ALONG THE WEST LINE OF SAID LOT 11, A DISTANCE OF 310.00 FEET TO THE POINT OF BEGINNING.

City of Arlington to Vern Rengen 4-19-17