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Home My WebLink About20100219001443 AGREEMENT REGARDING DRAINAGE AGREEMENT 021810(//Od YEMEN RECCRI)i RETURN TO: CIT' OF A . CTTV CLERK 25 NEST RATE AIIDVRN. NA 98001 2010x0219001443 0 AC 73,00 Es/ela 16,12 KING COUNTY da ® CHICAGO TITLE INSURANCE COMPANY ) U 1 AGREEMENT RECAREING ERAINACE AGREEMENT Ordenchadi OO 00346 2 2 3 c REFERENCE NUMBER(s) OF DOCUMEM ASSIGNED OR RELEASED: O Additional >,efe11-11e Intim xa in If 1111i 1 3AFE+IAY INC 2 3 o additional namea on page of overlent GRANTEE (e): IIBVRN, CITY OF 3 o Additional namea on page of document EGAL DQ TION- ABBREVIAT Lot Unit Slack: Volume: Page'. Sectlon: 25 Township: 21N Range: TO Portion' Plat Name'. 0 Complete legal deacitption ie on page - of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NOMBER(s)r a 42104 Ed D 4Lic 0?- on-iiiro~ AuditL Onal Tax arnUmts ane on page \'',66 ~ of document Note: This cover sheet is prepared to conbtm to the requirements of Ghapfer 143, taws of 1996. Nothing on this sheet alters the names, legal description or other information in the auscheye tlocumen. The only purpose of this cover shoot is to assistthe auditor in intlexing the document in vron ormance with statute. The Recorder will rely on the information resided on this form. The staff will not read the document to verily the accuracy or completeness 0 the Iindexing information provided herein. AGREEMENT REGARDING DRABSAGE AGREEMENT 'J Tyss AGREE W CAgttemmt') is mtvd into as of the [X &Y of f 2010, by nod bmwom the CITY OF AUBURN, a Washington Municipal doe C'City-) and SAFEWAY MC., a Delaware Corporntimn ('Safeway". A Safeway is the owner of cetan real property and all i~rovemaim thvwn (the "Bafsway Prupaty) locarM on We City ofAubum County afKing Wahingbq which is Iegilly described m Exhibit A athched hereto. B. SimWtinmusly with tM exa;mmn hmeat city is mquiring from Saf y a certain portion of We Saeway Property (the "A }turd Property'). The AcgmrW Property is Iegm1Y dwmbvi on Exhibit B allachd hereto. City mtmds to develop said use the Acgu niil Propertym cmjunction with its use and development of roe or nwe properties adjacent thamo, which adjacent pmpertiw art more pardculatly desaribW th P ibita C and D all ched bottom. All properties m my tore uaW or developed iv mrmcclion with the Acgmr i Pmpmty are, bwda referoW to u the "City Pmperdw." C. The Safeway Property, vichWing the Acguud Property, is wbjmt w a Damage Agoeemea[ (the "Drainage AgaommnVj enteral wto between Safeway sod obit Boeing Company CBocing') dmW Sgnemba 18, 2W2, which was raxoWed th the rml pmpaty ramd of King County, Washington as Wattwimo No. 200205 1615. D. As mvtanpleted is Section IA of the Drvnege Agreanm4 successors in braest to the pmpaliss gov thereby shall W subject to its tezms, but may allocate or delegate bmwmn themselves the ob4gadois that an with Heir rispective properom no pordn wiaa berebym establish therrmpective obligations under the Dmimg Agremmt. AGREEMENT For good and valuable wvaidaadoo, the receipt and wffinmcy of which is hereby sckwwlWged, Set ay and the City e&ac or follows: 1. DefinW Temss CapimluW terns uaW Awn without defw'tion shag have time snenni~me gvm d~e¢ hi the Damage APae®mt 2. Cost Allomdon. (a) Except for the obligation expressly assumed by Safeway herein, the probes ogee that the City's share of my mats or expenses owid by the Owner of the Snf ay Pmpaty Pomoant W the Dammge Agrsment shill be oar p=mt (1%) of ds costs City ofA busaaSafeway Agmamt Page 1 of 8 associated with the Safeway property m a whole; pmddai, that fix pmposw of Section 4.5 (lvdmmicwdon) of the Drainage Agement, each pasty's responsibility shall be to pay such cons as are associated with the Property drat it awns. fb) Safeway agrees to pay, without contribution them the City, ell costs lowered by Safeway in correction with (i) regular maintenance of the East Ditch, of the wrote and rest Nswrically performed and paid for by Safeway ee dace under the Dramege Agrewnent, and (u) regular maivtmence of the Goverment Canal parfomssed by the Owner of the Boeing Property and billed A the Owner of the Safety N Perty, of the oatme std cort historically billW m Safeway by Boeing to date order the Dretimi Aguremmt 3. Drainage of the CityProcectin. As rmtel in the Phuivage Ageement, the Safeway Property includes chain appmtemat drainage enactment rights, which rights were created pumumt to an insiocment remrded coder Recording No. 7412260129, as dwcnbM in E h3it E W the Drainage Ageemmt (the "Drodup Eaeemrnf). The conveyance of the Acquired Property W the City does not include the Drelrege Easement or my part therw( all of which are hereby disclaimed by the City. The City shall design eat construct all improvements on the Acquired Property and City Properties in such a mother as to not allow moor or surGCe waters how the Acquired Property or City Properties to enter the drainage systems described in the Dmivage Agmmere, absent m agreement from the owner(s) or beneficiaries of the affected system (Safeway and Boeing as to the East Ditch, Boeiug u to the bilmce). Without limiting the foregoing, the City Nopci ies shill not divert or otherwise glow storm or surface waters to drein three my wetlands one any Boeing Canals, into the Esat Ditch or the Government Canal. Without ones, limiting the f going, the City dull observe the raryiremmts of Sections 3 1 and 3.2 of the Dmimge Agreement Notwitlutanding the &mgom& nothing heron shall prohibit the City from continuing its wherguse of srrn d ge facilities serving the City Property acid unrelated b the Drainage AgeammS anchor making an agrewrnt with Boring for the additional use of Boeing's Government Carol for the City's dminage purposes. 4. Aaaamotirm and ACknnwlMeemmt bertha C\rv. The City a lowwle lips and agrees b be bond by ell the news and conditions of the Drainage Agreement including without Woitation those mellow set forth in Section 4, Evvihemnenml Matters. 5. Dispute Resolution udR®ediw The dispute resolution and temaiies provisions of the Frontage Agttrseent as toed in g c'eom 6 (Default Resolution Pmcedurt) mul ].I6 (Waiver of Jury Trig) shall apply to this Agemrnt son a e irmorpormed berew by reference. City ofAworaAaf ay Ageannmt Page 2 of 9 6. with the Aarwassem: be Run The obligadnna of Safeway, and the City usher this Ageensnt sball be bushing upon, and the sights of Saf ay and the City under this Agement sball brain to the benefit of, the successors in tific to and the lessees sat canneries of the gateway propeM srd the City Properties, respectively. t. Naga At mtlfiestions whin this Agaemmt shall be sent M the parties by an nteblishW delivery service that mnintaiva records of delivery, or "I be delivered by hand to the fallowing eddmsa, or to any address aparty may theigmm: To Safeway. Safeway hn 1121 124th Ave NE Bellevue, WA 98WS Athr Real Estae DittMr With copies m: Saf yhan Real Estate Law 5918 Stonesidge Mall Rd. Pl,noonton CA 94588-3=9 Re: AuburnD tnbutw Center To City of Ashore: City ofAubmn 25 W. Main St ATTN: Faalities hfanagmmt Aubusq WA 98001 With Copies tin: CityafAtsbmn 25 W. Main St ATTN: City Attemey Auburn, WA 98001 8. Construction The parties agree that they have each been represented by mwsel of their Noosing ash that they have bad equal say in dtafLag this Agreement. Therefore, this Age®ent shill be imerpreted fa accordance wish general rules of construction and not ageivst either party as the dreter. 9. Vmw Venue for the resolution or any disputes under this Agnes mt shill be in the Superior Court for Ring Cowry, Washington. All enter dispute: resolution prmnsiooa of the Drainage l2asmhmt remain m M fora ash either. City of Aubw✓Safmy Ageemmt Page 3 ofe 10. Scyorabi N the evml that any Provision of this Agcemmt is fount to be unmfaromble, the remainder of the Ageanent shall remain valid acl mturemble. IL Entire Amemmt This Agemmt, hichahnB all Wubits hneW, mPasedes MY Prior ageanemS, negotiaimmi, and commwimaon:, oral or wrinem related W this subject imam ant contains the enure ageeinant berwem the Parties wiN respect to dtia subject matter. NW ESSW IIEOF, the Parties bave aaamtd this Agemmt as of the date noted above. Peter B. Lewis, Mayor Dbn Daekm, City Clerk Approved as W Form: City of AubuwrvSafeway Agreement Pag4 of 8 EXHIBIT C 10. Sever In dte event east my provision of Nis Ageement is fomd to be wtmfofceable, the remainder of the Agreement "I remain valid and correctable. 11, Entire Atemodrot Tor A crd, inclndsng all exldbl% hereto, supersedes MY prior agreements, negotiations, and commwicatinns, oral or written, related to Ws subject matter and contains Ne more agreeman betwsmi the parms with resists to tIm subject matter. IN WITNESS WHEREOF, the Parties have executed this Agreement as of tire date noted above. Pala BIw's. Mayor Its Assesttin Yrsc Pls sidmt By Its Assammt Secretary Oty of Aub orromfeway Agremnmt Page 4 of 8 EXHIBIT "A" THAT PORTION OF THE EAST HALF OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST, WH,LAN[ETTE MEMIAN, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS; LOT 1 OF THE C= OF AUBURN LOT LINE ADNSTMENT NO. LLA02-0 15, AS RECORDED UNDER KRJG COUNTY RECORDING N0.20020725001632. CRY afAubu SafmaY Age = Page 5 of9 EXHIBIT "B" THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMET[E MERIDIAN, KUNG COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 430 FEET OF LOT I OF THE CITY OF AUBURN LOT LINE ADJUSTMENT NO, LLA02-WI5, AS RECORDED UNDER RECORDING NO. 20020725001632, RECORDS OF SAID COUNTY, AS MEASURED PERPENDICULAR TO THE MOST NORTHERLY LINE OF SAE) LOT 1, SAID MOST NORTHERLY LINE BEARING SOUTH 890 12' 14" EAST, A DISTANCE OF 57,79 FEET. SAID PROPERTY BEING A PORTION OF ICING COUNTY ASSESSOR'S TAX PARCEL NO. 2521049096. City of AobumSd way Agreement Page 6 of 9 LEGALDESCRIPTION EXHIBIT "C' A PARCEL OF U.S. GOVERNMENT LAND WITHIN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., SAE) PARCEL BEING MORE PARTICULARLYDESCRIBRD AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 25 AS MONUNiENTED BY AN EXISTING BRASS DISC, FROM WHICH POINT THE WEST QUARTER CORNER OF SAM SECTION BEARS NORTH 89°1120" WEST 2599.20 FEET DISTANT AND FROM WHICH PONT THE SOUTH QUARTER CORNER OF SAE) SECTION BEARS SOUTH 01"10'46" WEST 2642.32 FEET DISTANT; THENCE NORTH 01°10'46' EAST A DISTANCE OF MBI FEET; THENCE SOUTH 8901120" EAST, A DISTANCE OF 121.20 FEET TO THE BEGINNING OF A 603.11 FOOT RADIUS CURVE TO THE LEFT; THENCE EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 336.65 FEET, THROUGH A MWAALANGLE OF 31°58'55"; THENCE NORTH 58°4945" EAST A DISTANCE OF 547.73 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT LIES SOUTH 016107" EAST 5634]4 FEET DISTANT FROM A 6- X 6- CONCRETE MONUMENT ON WE SOUTH MARGIN OF AN EASEMENT FOR 15TH STREET SOUTHWEST RIGHT-OF-WAY CONVEYED TO THE CITY OF AUBURN BY INSTRUDoIENT RECORDED UNDER RECORDING NUMBER 6160979; THENCE NORTH 01-IM0" WEST A DISTANCE OF 671.78 FEET; THENCE NORTH 88.51'31"EAST A DISTANCE OF 333.47 FEET; THENCE SOUTH 01°0829" EAST A DISTANCE OF 14.47 FEET; THENCE NORTH 88°42'23' EAST A DISTANCE OF 527.94 FEET; THENCE SOUTH 01.1797' EAST A DISTANCE OF 2.58 FEET; THENCE SOUTH 89°06'10" EAST A DISTANCE OF 22.29 FEET TO THE SOUTH LINE OF SAID U.S. GOVERNA~NT LAND AND A NON-TANGENT CURVE, THE CENTER OF WHICH BEARS NORTH 68°46'51" WEST 603.11 FEET DISTANT; THENCE SOUTHWESTERLY ALONG SAID CURVE 395.89 FEET THROUGH A CENTRAL ANGLE OF 37°3636"; THENCE SOUTH 58°4945" WEST A DISTANCE OF 724.60 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN KING COUNTY, WASHINGTON CONTAINING 350,257 SQ. FTJ 8.04 ACRES. CtVofAR Sefmmy Agmm=t Pege7of8 LEGAL DESCRIPTION U S GOVERNMENT SEVERANCE PARCEL B A PARCEL OF U.S. GOVERNMENT LAND WITHIN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., SARI PARCEL BEING MORE PART[CULARLYDESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 25 AS MONUMENTED BY AN EXISTING BRASS DISC, FROM WHICH POINT THE WEST QUARTER CORNER OF SAID SECTION BEARS NORTH 89°1120" WEST 2599.20 FEET DISTANT AND FROM WHICH POINT THE SOUTH QUARTER CORNER OF SAID SECTION BEARS SOUTH 010IV46' WEST 264232 FEET DISTANT; THENCE NORTH 01°] 946" EAST A DISTANCE OF 50.01 FEET; THENCE SOUTH 89°1120" EAST, A DISTANCE OF 121.20 FEET TO THE BEGINNING OF A 603.11 FOOT RADIUS CURVE TO THE LEFT; THENCE EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 336.65 FEET, THROUGH A CENTRAL ANGLE OF 31°58'55'; THENCE NORTH 58-4',$Y EAST A DISTANCE OF 547.73 FEET TO A POINT WHICH LIPS SOUTH 0101 07- EAST 5634.74 FEET DISTANT FROM A 6" X 6" CONCRETE MONUMENT ON THE SOUTH MARGIN OF AN EASEMENT FOR 15TH STREET SOUTHWEST RIGHT-OF-WAY CONVEYED TO THE CRY OF AUBURN BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 61609]9; THENCE NORTH 01°1937' WEST A DISTANCE OF 671.78 FEET; THENCE NORTH 88°51'31"EAST A DISTANCE OF 333.47 FEET; THENCE SOUTH 0100879" EASTA DISTANCE OF 14.47 FEET; THENCE NORTH 88°4223" EAST A DISTANCE OF 52294 FEET; THENCE SOUTH 01°17'37" EAST A DISTANCE OF 2.58 FEET; THENCE SGS= 89°06'10" EAST A DISTANCE OF 22.29 FEET TO THE SOUTH LINE OF SAID U.S. GOVERNMENT LAND AND A NON-TANGENT CURVE, THE CENTER OF WHICH BEARS NORTH 68°4651' WEST 603.11 FEET DISTANT; THENCE NORTHEASTERLY ALONG SAID CURVE 3.71 FEET THROUGH A CENTRAL ANGLE OF O°21'10'; THENCE NORTH 99.4273" EAST A DISTANCE OF 158.07 FEET TO THE TRUE POWTOFBEGTNNAIG; THENCE NORTH °88`4223" EAST A DISTANCE OF 73.72 FEET' TO THE WEST RIGHT-OF-WAY OF "C" STREET SOUTHWEST; THENCE SOUTH 01-W47" EAST, ALONG SAID RIGHT-OF-WAY A DISTANCE OF 414.25 FEET; THENCE NORTH 11°16'27" WEST A DISTANCE OF 420.61 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN KING COUNTY WASHINGTON CONTAINING 15269 8Q. FTJ 0.35 ACRES. CityofAHb Safeway Aye®eut Page 8 of8 AGRLLMGNT REGARDING DRANAGE AGREEMENT SEAT E OP WASHINGTON) )as. County of King ) I certify that I know or have satisfactory evidence that Peter R. Lewis was the person who appenred before me, and said person aclahmvledged that they signed this instrument, 00 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 voluntary act of such party for the uses and Increases mentioned in this instrument. Dated aIIAPIl 11' Q~NiFdLFaF Q~reey ~6^-' _ at h nd DRS C In rdai P bi in dta the State of Washington ' Md g at ~ Me + appointment expires xpire' 2 Its, Page 2 ACKNOWLEDGMENT STATE OF CALIFORNIA Comity of Alamala On February 18, 2010, before me, Delia Nicolas Muter, Notary Public, personally appeared Ann C. Elliott and Dana W aller to be the persons subscribed to the within instrument and acknowledged to me that they exeemed the same in their authorized capacities, and that by Wear signatures on the mXtrament top persons, or the entity upon behalf of which the persons acted, executed me instrument. 1 comfy under PENALTY OF PERJURY under the laws of the State of California that - We foregoing paragraph is true and correct WITNESS my hood and official seal. 1 DRIP deaLM M llifl ~ /pf y, ~~////l/~~ COmmletpnN l%]2N Gi[ Signature KCL. ~G( a, 7'I.t,rrLnN, pM j'(,(~y XaXrI W.......7 a - u;%Win Nov L201]