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Home My WebLink AboutBoeing Company ' ' f 5v~ Z!'rr Return Address: City of Auburn City Clerk 25 West Main 2009011 fi000249 Auburn, WA 98001 PACIFIC NW TIT EAS 47.00 PAGE001 OF 008 01/26/2009 10:03 KING COUNTY, WA Above this line reserved for recording information. TRAFFIC SIGNAL EASEMENT FAC08-0013 Reference # (if applicable): N/A GrantorBorrower: The Boeing Company Grantee/AssigneeBeneficiary: City of Auburn Legal Description/STR: Portions of Section 24 & 25 21N-4E Assessor's Tax Parcel ID#: 2421049092 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, The Boeing Company hereby conveys to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property ("Easement Area") for the purpose of operating, maintaining, and installing a traffic signal at the intersection of 15'' Street SW and Perimeter Road AND APPURTENANCES THEREOF, said Easement Area being a portion of the above-designated Tax Pazcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of operation, maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefor. lSorChVYH~t TitIt'. 9s a a to proper 8x8CUtim tU iiS Htiect UPo11 U1k Easement Page 1 of 6 EXCISE T~ ~~T REQUMD ~ ' g t;o. ~ecArds By ~ , Deputy ~ Said Grantor shall not in any way block, restrict or impede access and egress to or . from said Easement Area, and/or in any way block, restrict or impede full use of the real property within the above-described Easement Area by said Grantee for the above- described purposes. No building, wall, rockery, fence, trees or structure of any kind sha11 be erected or planted, nor shall any fill material be placed within the boundaries of said Easement Area, without the express written consent of the City. With City permission, Grantor may fence across said Easement Area and/or along the boundaries of said Easement Area, provided that a gate is constructed in said fence. Said gate sha11 be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the Easement Area. If said gate is to be locked, keys sha11 be provided to the Grantee. No excavation shall be made within three (3) feet of said traffic signal facilities and neither Grantee nor Grantor sha11 not take any action that would cause the surface level of the ground within the Easement Area to be lower than the elevation of said surface level as currently existing. Nothing in this Easement shall be deemed to require the Grantor to remove any pavement or other improvements or any replacement therefor located on the Easement Area. Said Grantor grants to the City the right of ingress and egress to the Easement Area over and a.cross all paved, graveled, or otherwise improved driveways or parking lots within the Parent Parcel. If direct access to the Easement Area is not available from such driveways or parking lots, the City's right of ingress and egress shall include such other areas within the Parent Parcel as the City determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel's boundaries. In the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the CiTy or its agents. Grantee shall compensate Grantor for any damage to the Property, the Easement Area and/or any other property of the Grantor caused by the exercise by Grantee of its rights hereunder, except to the extent such damage is repaired by Grantee. Said Grantor additionally grants to the City, the temporary use of such additional area immediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said traffic signal facilities. The use of such additional area sha11 be held to a reasonable minimum and in the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the Parent Parcel that would impair or limit the City's use of the Easement Area. By exercising its right hereunder, Grantee agrees that Grantee will be responsible for injury to or death of any person or loss of or damage to any property to the extent that it arises out of Grantee's use of the Easement Area to the full extent permitted by law. Grantee accepts the Easement Area in its present condition and waives, releases, and renounces any and all claims of any kind in any way relating to the condition to the Easement Area and/or the Parent Parcel. Easement Page 2 of 6 This Easement shall be a covenant running with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. This Easement shall be governed by the laws of the State of Washington, exclusive of its choice of law rules. IN WITNESS WHEREO', the parties have caused this instrument to be executed by its proper off'icer(s) this JZ4~' da.y of 3anvar h , 2048• Grantee: Grantor: The City of Auburn The Boeing Company By: By: ~ Its: Ci4`1 rn,5ivt~er Its: Date Signed Date Signed: 7- v~ STATE OF WASHINGTON) )ss. COUNTY OF K1NG ) I certify that I know or have satisfactory evidence that W. is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ~j oH of, a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated / Q1 -'-7- D 1 i~•~►+~~ . N0~11 h+bM~ AVVM~ Not ublic ' d for the State of Washington ~1Y AppokrMrMM EqN~t IAor 2, ZO10 ~'Y residing at My appointmen expires /Yl A K•al. a0 / 0 Easement Page 3 of 6 ~ L EXHIBIT B 15TH STREET S.W. o P.O.B. o J ~ Z 1,m100, Q C~\5 J q m ~ aF W A ~ i S G k O~ EQUIPMENi EASEUENT AREA ~ N rn z N W F p 27328 °o ip e, l S T E~~`" SJ~ cli L AH~ cli DA'fE SIGNED N E HI PRNATE ACCESS & UTILITIES ESMT. ai PER W1-03-0004 0 REC. N0. 20030321002048 & REC. N0. 20051213002289 ~ _ _ _ - 3 ~ PRNATE ACCESS ESIdT REC. N0. 20030409002419 & PRNATE ACCESS ESMT. PER 5PL03-0003 ~ ST REC. NO. 20031117001617 & I a~~ NON-IX USNE PRNATE C ESS ESM7. o ~ 000 REC. N0. 20051216001108 & X "PERIAIEfER ROAD" PRIVATE ACCESS & ~ 11T1LITIE$ ESMT. PER LU1-05-0017 0 REC. N0. 200.51213002289 cv % 161'~ ~'1 z p 4 ~ N ~ ~ o~ 0 cn o 0 / o O ~ ~ SCALE: FOr: JOB NUMBER HORIZONTAL oo' VERTICAL N/A AM B PR OP ER TY 12088 GHqV 18215 72ND AVENUE SOUTH ~ ~ KENT, WA 98032 C 0 R P O R A T 1 O N 12088L.008.DOC P 425 251-6222 m Z~425~251-8782 FAX TItlB: SHEE7 CIVIL ENGINEERING, LAND TRAFFIC SIGNAL & PLANNING, IRONM~EN AL EIRVICES EQUIPMENT EASEMENT 1 0, 1 ~T~NGENGOENV DESIGNED DR,4WN BDG CHECKED -3-D--Q_ APPROVED__~JS DATE 1-1 24-08 Easement Page 6 of 6