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Home My WebLink About20100219001443 Safeway 02182010 ~ WHEN RECORDED RETURN TO: CITY OF AUBURN, CITY CLERK 25 WEST'MAIN AUBURN. WA 98001 20~0~219001443 PAGE-001 OF 012 73•00 : 02/19/2010 16:04 KING COUNTY, Wq CHICAGO TITLE INSURANCE COMPANY ' DOCUMENT TITLL(s) ~l 1 AGREEMENT REGARDING DRAINAGE AGREEMENT OrderNumber: 0013003461~1 2 3 yz~ 4 REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: 0 Additional reference numbers on page of document GR.ANTOR (s ) : 1 SAFEWAY INC 2 3 1=1 Additional names on page of document GRAN'FEE ( s ) : 1 AUBURN, CITY OF 2 3 ` M Additional names on page of document ' ABBREVIATED LEGAL DESCRIP.TION: . Lot-Unit: Block: Volume: Page: Section: '2 5 Township: 21N Range: 4E Portion: Plat Name: m Complete legal description is on page of document ASSESSOR'S PROPERTY TAX PARCIs'L ACCOUNT:NUMBER(s): ~1492 10 R a G(P 0 fl ~ or"M f o►-. o Additional Tax Accounts are on page S-13 of document Note: This cover sheet is prepared to conform to the requirements of Chapter 143; Laws of 1996. Nothing on this sheet alters the names, legal description or other information in the,attached document. The only purpose of this cover sheet is to assist the auditor in indexing the document in conformance with statute. The Recorder will rely on the information provided on this forrri. The staff will not read the document to verify the accuracy or completeness ofi the indexing information provided herein: covFM/xDn/oM , AGREEMENT. REGARDING DRAINAGE AGREEMENT Tjo AGREEMENT ("ABree:nent") is entered inta as of the day : of r~ r 2010, by snd betweea the CTTY OF AUBURN, a washington Municipal 'on ("City") and SAFEWAY INC., a Delaware Coiporation ("Safeway")• HLECITALS - A. Safeway is the owner of certain real property and all impc+oveniezits thereon. (the "Safeway PropeecWl located in the City of Aubum, County of King, Washingtoq which is legally descnbed on Fxhibit A attached hexeto. B. Simultaneously with the execution hereo~ City is ;acquiri=tg from Safeway a certain portion of the Safeway PraPedY (the "Ac4Wred ProPezW). The Acqtured Propcrtj+ is legally described an Exhibit B. attac.hed hereto. City inteuds to develop aad use the Acqnired Propecty in oonjunction with its vse aad developaneat of one or more praperbies adjaceat thereto, wluch adjacent proper6tes are more particularly desc~'bed ia Exln'bits C and D attached hereto. All properties at any time used or developed in oonnection with } the Acqnired Ptvperty are herein iefeired to a the "City Properties: ' C. The Safetivay Properiy, mcludiag the Acquired Propetty, is subject to a Drainage Agreement (the "Draiaage Agreement'l eatered into between Safeway and the `Boeiag ComPanY ("BoeinS") dated Septenba 18, 2002, wlrich was recorded ia the real property rccords of King Coimty, Washington as Instrument No. 20020920001615. D. As contemplated in Section `1.4 of the Draina8e Agrcment, successors in interest to ' the properties govemed thereby shall be subjed to its tenms, but may allocate or delegate between themselves tlve obligation§ that nm with their respeaive properties. The parties arish hereby to establish their respective obligatioas under the Drainage Agreement. AGREEMENT . For good aod valuable oonsideration, the receipt and sufficieacy of which is hereby: ackuowledged, Safewa.y and the City agree as follows: i 1. Defined Tenns Capitalized terms used hereia without definition shall have the meanings given them in tbe Drainage Agreement 2. Cost Allocation. (a) Except for the obligations expressly assumed by Safeway herein, the. parties , agree that the City's share of any co§ts or acpenses owed by the Owner of the Safeway ' Property pursuant to the Drainage Ageeaaent shall be one percent (1 of the costs City of Aubiun/Safeway Agreement Page 1 of 8 ~ associated with the Safeway property as a whole; provided, that for gu:poses of Section ! 4.5 (IndemniScation) of the Drainage Agreement, each party's responsibility shall be to ; pay such costs as are associated with the Properiy that it owns. (b) SafewaY a8rees to PaY, without contribution from the City, all c.osts incurred by Safeway in connection with (i) regular maintenaace of the East Ditch, of the nafure aad cost historically paformed sad paid for by Safeway to date uader the Drainage Agreement, and (ii) regnlar maintenance of the Ciovernment Canal performed by the Owner of the Boeing Property and bilIed to the Ovvner of the Safeway Property, of the nature and cost historically billed to Safeway by Boeiag to date tmder the Drainage Agreennent 3: DrainaN of the City Prouecties. As recited in the Drainage Agreement, the Safeway Property includes cxrtain appurteaant drainage easement right§, which rights were created pursuant to an E to tl~ instrument recorded under Recording No. 7412260129, as descn'bed in Exhi Drainage Agreement (the "Drainage Easement"). The conveyance of the Acquired Property to the City does aot include the Drainage Easement or aay part theroot all of which are hereby disclaimed by the City. The City shall de.aiga and construct all - improvements on the Acquired Property aad City Properties in such a manner as to not allow storm or surface waters from the Acquired Property or City Properties to enter the drainage systeais described in the Drainage Agreement, absent an agreement from the owner(s) or beneficiaries of the affected system (Safeway and Boeing as to the. East Ditch, Boeing as to the balance). Without limiting the foregoing, the City Properties shall not divert or othervvise allow storm or surface waters to drain into any wetlands areas, into any Boeing Csnals, into the East Ditch or the Government Canal. Without j limiting the foregoiag, the City shall observe the requirements of Sections 3.1 and 3.2 of the Drainage Agreement Notwithstanding the fnregoing, nothing herein shall prolubit the City from contiauing its existing use of storm drainage facilities seiving the City Praperiy and unrelated to the Drainage Agreement, andlor making aa agreement with Boeing for the additional use of Boeing's Governmeat Canal for the City's draina8e purposes. ~ 4. Assutnption aad Aclatowledgecneat bv the Ciri. ' The City aclcaowledges aad agrees to be bound by all the tesm and conditions of the Drainage Agement, includiag wittiout limitation those matters set forth in Section 4, Environmental Matters. 5. DiVute Resohrtion and Remedies The disQute resolution aad remedies provisions of the Drainage Agreement, set forth in Secdions 6(Default Resoludon Procedure) and 7.16 (Waiver of Jury Triat) shall apply to this Agreemeat and are incorporated hereia by reference. Ciiy of Auburn/Safeway Agrcement Page 2 of 8 ~ 6. Aoement to Run with the Lazid under this Agreemeat shall be binding upon, .aad The obligatians of Safeway an&the City the rights of Safeway aad the City under this Agreement sball iaure to the benefit of, the ; sucxessors m title to and the lessces aad occupants of the Safeway Property aad the City ' proPerties, rcspewvely. 7. Notice ~ All notifications under this Agreement shall be sent to the gacties by an _ established 6 ; ~ detivery service that maintains recards of delivery, ar shall be deliverecl by hand to the ~ ; fallowiag addresses, or to any address a party may designate: ` I , i To Saferovay: Safeway Inc. 1121 I24th Ave`NE Bellewe,. WA A8005 Attn: Rea1 Estate Director With Copies to: Safeway Inc. Real Estate Law 5918 Stoneridge Matl Rd. Pleasantoa CA 14588-3229 i Re: Aubum Distribution Center - i ~ To City of Aubum: City of Auburn 25 W. Main St A'TT'N-Facilities Management , ' Aubum, WA 98001 ~ With Copies to: City of Aubutn 25 W. Main St ATTN; City Attorney Aubum, WA 98001 ; 8. Constnution ; ~ . The parties agree that they have each been represented by coimsel of their choosing and that the,y have had equal "say ia drafting this Agreetnent. Therefore, this Agreemeat shall be umtetpreted in aooordance with general rules of construcEioe aad not against either party as the draftec. 9. Venue Veaue far the resohrtion of any disputes under this Agreemeat shall be in the Superior Court for King County; Washingtbn. All other dispute resolution provisions of the Drainage Easement remain in full foroe; and effect. City of AuburnlSafevvay Agreement Page 3 of 8 ' ; i 10. Severabilitv . , . In the event that any provision of this Agrcement. is found to be unenforceable, the remainder of tke Agreetnent shall reffiain valid and enforceable. 11. Entire Agreement _ This Agrcemeat, including all exhibits hereto, supasedes anY Pr►ot agreements, negotiations, and comiriunications, oral or written, related to this subject matter and , contains the entire agreement betvveexi the parties with respect to this subject matter. IN WTTNESS WHEREOF, the Pazties have executed this Agreement as of the date noted above. CITY OF AUBU1tN SAFEWAY INC. . Br By C, Peter B. Lewis, Mayor Its Assistant Vico-President Attest: i Its ~.ftnl-S=etary Dani Daskam, City Clerk Appmved as to Form: , Daniel B. Heid, Ci Affam i ~ ! . ~ ~ ; ; I City of Aubum/Safeway Agreement " Page 4 of S I~ ~ I--- - - i ~ - - _ , . _ - --i ; ; ; EXHIBIT C ~ j 10. Severabilitv j In the event that 'any provision of this Ageement is found W be unenforceable, the ~ I reaiainder of the Agreement shall remain valid and enforceable. ! 11. Entire. Agreement ' This Agreement, including all eachibits hereto, supersedes any prior agrements, ; negotiarions, and commuaicxitions, oral or written, related to this subject matter and ' contains the enrire agreement between the perties with respect to this subject matter. . IN WITNESS WHEREOF, the Parties have executed thia Agreement as of the date noted : above. ~ ~ - - i; CITY OF AUBURN ~ SAFEWAY INC. , ;By. ~ By, Peter B. ewis, Mayor Its Assistant Vice-President , ~ I I ~ • Att $y. ~ i Its Assistant Secretary ~ i i I Dam askam, City Clerk i ~ v as o - i ; aai - Ci Atto . ; ~I I I ! ~ i i ; ; . i ~ I City of Auburn/Safeway Agreement ~ • ' Page4of8 ~ - - - ~ - - . - - - - - - - - . . . z = . , , - t , . EXHIBIT "A„ ' - THAT PORTION OF TFE EAST HALF OF SECTION 25, TOWNSHIP ~ 21 NORTfi, RANGE .4 EAST, WII.LAMETTE MERIDIAN, KING COUNTY, WASHINGTON; MORE PARTICULARLY DESCRIBED ' AS FOLLOWS; _ LOT 1 OF THE CITY OF, AUBURN. LOT LINE ADNSTMENT NO. - . LLA02-0015, AS RECORDID UNDER KING COUN'I'Y RECORDING NO. 20020725001632. . I , City of AuburdSafeway Agreement: Page5of8 . , . - . i I ~+~~~p I • I'.+AiZl~ITKB" I . . THAT PORTION OF THE NORT'HEAST QUARTER OF SECTION 25, - TOWNSHIP 21 NORTH, RANGE 4 EAST, WII.LANETTE ! MERIDIAN, KING COUNTY, WASHINGTON,' MORE PARTICULARLY DESCRIBED AS FOLLOWS: I _ I THE NORTH 430 FEET OF LOT 1 OF TIE CTTY OF AUBURN LOT , LINE ADN5TMENT NO. LLA02-0015,. AS RECORDED UNDER RECORDING NO. 20020725001632, RECORDS OF SAID COUNTY, AS MEASURED PERPENDICULAR TO THE MOST NORTHERLY~ ' LINE OF SAII3 LOT 1, SAID MOST NORTHERLY LINE BEARING SOUTH 890 12' 14" EAST, A DISTANCE OF 57.79 FEET. SAID PROPERTY BEING A PORTION; OF KING COUNTY ; ASSESSOR'S TAX PARCELNO. 2521049096. ; , I ~ ; ! I i ~ I ~ ~ I I I . . . , ' ' . . ' . . . i ' . ' I . . . . . . I j I , I . i . i _ I il I I Gi of Aubum/Safewa A eement ~ tY Y ~ ~ Page 6 of 8 ~ I - : ~ ~ . . . ; . . ; ; . ; ; ; E)Gmrr llc» ~ . I LEGAL DESCRIPTIONU S GOVERNMENT SEVERANCE PARCEL A j A PARCEL OF U.S. GOVERNMENT LAND WITHIN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIl' 21 NORTH, RANGE 4 EAST W.M., SAIDPARCEL BEING MORE PARTICULARLY DESCRIBID AS FOLLOWS: I ~ ~ COMMENCING AT THE'CENTER OF SAID SECTION 25 AS MO ~ BY AN EXISTIlNG BRASS. DISC,, FROM WHICH POINT _ THE WEST QUARTER CORNER OF SAID SECTION BEARS NORTH 8901120" WEST 2599.20 FEET DISTANT AND FROM WHICH POINT TIEE SOUTH QUARTER CORNER OF SAID SECT'ION BEARS SOUTH 01010'46" WEST 264232 FEET DISTANT;~ I THENCE NORTH Ol ° 10'46" EAST A DISTANCE OF 50.01" FEET; THENCE SOUTH 89011'20" . EAST, A DISTANCE OF 121.20 FEET TO THE BEGIIYNING OF A 603.11 FOOT RADNS CURVE TO THE LEFT; j THENCE EASTERLY ALONG SAID CLTRVE, AN. ARC DISTANCE OF 336.65 - FEET, THROLTGH A CENT1tAL ANGLE OF 31 °58'S5"; THENCE NORTH 58°4915" EAST A DISTANCE OF 547.73 FEET TO THE TRUE POINT OF BEGIrRJING, SAID'POINT LIES SOUTH 0101037" EAST 5634.74 FEEZ' DISTANT FROM A 6" X 6" CONCRETE MONLINIENT ON THE SOUTH MARGIN OF AN EASEMENT FOR 15TH STREET SOUTHWEST. RIGHT-0F-WAY CONVEYED TO THE CTTY OF AUBURN BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 6160979; THENCE NORTH 01°10'37" WEST A DISTANCE OF 671.78 FEET; THENCE NORTH 88°5 131" EAST A DISTANCE OF 333.47 FEET; TI-IENCE SOUTH Ol °08'29" EAST A DISTANCE OF 14.47 FEET; THENCE NORTH 88°42'23" EAST A DISTANCE OF 527.94 FEET; THENCE SOUTHOl°1T37" FAST A DISTANCE OF 2.58 FEET; THENCE SOUTH 89°06'10" FAS,T A DISTANCE OF 22.29 FEET TO THE SOiJTH LINE OF SAID U:S. GOVERNMENT LAND AND A NON TANGENT CURVE, THE CENTER OF WHICH BEAR5. NORTH 68°4651" WEST 603.11 FEET DISTANT; . THENCE SOUTHWESTERLY ALONG SAID CURVE 395:89 FEET THIZOUGH A . CEIVTRAL ANGLE OF 37°3636"; THENCE SOUTH 58°4945" WEST A DISTANCE OF 724.60 FEET TO THE TRLTE POINT OF BEGINNING. STTUATE IN KING COUNTY, WASHINGTON CONTA24ING 350,257 SQ. FTJ 8.04 ACRES. , ~ City of AuburdSafewsy Agreemeat - Page 7 of 8 EXHIBTI' "D'• LEGAL DESCRIPTION U S GOVERNMENT SEVERANCE PARCEL B A PARCEL OF U.S. GOVERNMENT LAND WTTHIN THE NORTHEAST QUARTER ; OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED•AS FQLLOWS: ' CONIlViENCING AT THE CENTER OF SAID SECTION 25 AS MONUMENTED BY AN EXISTNG BRASS DISC, FROM WHICH POINT. THE VIEST QUARTER CORNER OF SAID SEGTION BEARS NORTH 8901170" WEST 259920 FEET ~ DISTANT AND FROM WHICH POINT THE SOUTH QUARTER CORNER OF SAID SECTION BEARS SOU'TH Ol 010'46" WEST 2642.32 FEET DISTANT; ' THENCE NORTH 01°1046" EAST A DLSTANCE OF 50.01 FEET; 'I'HENCE SOUTH 89°1120" EAST, A DISTANCE OF 121.20 FEET: TO THE BEGINNING OF A 603.11 FOOT RADNS CtTRVE TO THE LEFT; THENCE EASTERLY AI,ONG SAID CURVE,,. AN A►RC DISTANCE OF 336.65 . FEET, THROUGH A CEN'IRAL ANGLE OF 31°5$'S5"; THENCE NORTH 5804945" EAST A DISTANCE OF 547.73 FEET TO A POINT WHICH LIES SOUTH 01 °IO'37" EAST 5634.74 FEET DISTANT FROM A 6° X 6° CONCRETE MOTR3MENT ON THE SOUTH MARGIN OF AN EASEMENT FOR 15TH STREET SOUTHWEST RIGHT-OF-WAY CONVEYED TO THE CTTY OF AUHURN BY INSTRUMENT RECORDED UNDER RECORDING. NUMBER 6160979; - THENCE NORTH Ol ° 10'37" WEST A DISTANCE OF 671.78 FEET; : THENCE NORTH 88°51'31" EAST A DISTANCE OF 333.47 FEET; THENCE SOUTH Ol °OS'29" EAST A DISTANCE OF 14.47 FEET; TIlENCE NORTH 88°42123" FAST A DISTANCE OF 527.94 FEET; THENCE SOUTH Ol °17'37" EAST A DISTANCE OF 2.58 FEET; i THENCE SOUTH 89°06'10" EAST A DISTANCE OF 2229 FEET TO THE SOUTH LINE OF .SAID U.S. GOVERNMENT LAND AND A NON TANGENT CURVE, THE CENTER OF WHICH BEARS NORTH 680465 1" WEST 603.T1 FEETDISTANT; THENCE NORTHFASTERLY ALONG SAID CURVE 3.71 FEET THROUGH A CENTRAL ANGLE OF 0°21'10"; THENCE NORTH 8804223" EAST A DISTANCE OF 158.07 FEET TO THE TRUE POINT OF BEGINNING, . THENCE NORTH °8804223" EAST A DISTANCE OF 73.72 FEET TO THE WEST RIGHT-OF-WAY OF "C" STREET SO►LTTHWEST; THENCE SOU'TH 01 ° 10'4?" EAST, ALONG SAIDRIGHT-OF-WAY A DISTANCE ~ OF 414.25 FEET; THENCE NORTH 11016'27" WEST A DISTANCE OF 420.61 FEET TO THE TRUE POINT OF BEGINNING. STTUATE IN KING COUNTY WASHINGTON CONTAINING 15269 SQ. FT./ 0.35 ACRES. ; City of Aubura/safeway Agreement Page 8 of 8 . AGREEMENT REGARDING DRAINAGE AGREEMENT ~ STATE .OF WASHINGTON . )ss. County of King ) I certify that I know or have satisfactory evidence that Peter B. Lewis was the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR of the CITY OF AUBURN to be the free and voluritary act of such party for the uses and , purposes mentioned in this instrument. Dated . ` ``\~..~~~~~~~~~►~~te~~~e ~ ~1ELL-F _ P , :•.•,~,~i~~ . O ~i~ . : otary Publi in and fgr the tate of Washington % A: !24siding at h~ , ~ , ~ t ic j'vIy appointment expires /0' Z S / zc~~$,, Page 2 . , ACKNOWLEDGMENT STATE OF CALIFORNIA ) ~ ss. County of Alameda ) On February 18, 2010, before me; Delia Nicolas Miller, Notary Public, personally appeared, Ann C. Elliott and Dana Waller to be the persons: subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalfof which the persons acted, executed the instrument:. , I certify under PENALTY OF PERJLIRY under the laws of the State of Califomia that " the foregoing paragraph is true and correct. -.WITNESS myhand and official sea1. , - - - DELIA NICOIAS MIILER ' Cammission:4 1867264 . IL 9 . Sigtlatuie A~ i w~~ xiC~/1r Notary Publk - Cal~Omia z Alenjeda Coun D Comm: ires aov 1, 2013 + - - - - - - - - - -