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Home My WebLink About20060110002487 CONSTRUCTION EASEMENT 011006'n Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20060, PACZF, IC. N PPA N OF @@8SAS 39.@0 @ N @ _ G KI COUM7 AZ Y 4 Above this line reserved for recording information. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ro-N I ~9 Reference (if applicable): N/A Grantor/Borrower: Pacific Resources Associates LLC Grantee/Assignee/E3eneficiary: City of Auburn Legal Description/STR: Section 18, Township 21, Range 05 Assessor's Tax Parcel ID#: 73 3 1 40-040 1 PROJECT NO. 01006 3rd/Crass Street SE Road Improvements Pacific Resources Associates LLC, a Delaware limited liability company (Grantor), owns that certain real property commonly known as 222 "A" Street Southeast, Auburn, WA 98001, and legally described on Exhibit A attached hereto and incorporated by this reference, hereinafter referred to as "Grantor's Property." In consideration of the mutual benefit contained herein and for other valuable consideration, Grantor hereby grants to the City of Auburn (Grantee), a municipal corporation of King County; Washington, its contractors, employees, agents, successors and assigns, a temporary construction easement, including the right of ingress and egress to said easement, over, upon, and across the following portions of Grantor's Property for the purposes described herein, subject to the terms and conditions stated herein: A. A strip of land 10 feet in width along the western parcel boundary and abutting "A" Street Southeast, as depicted in Exhibit B attached hereto and incorporated herein by reference, for the purpose of widening an existing driveway, closing an existing driveway, and constructing improvements to the adjacent public right-of-way; and B. A strip of land bounded on the South by the Cross Street SE right-of-way, being 20 feet in width for a distance of 158.1 feet, with the northern line of the strip then running a distance of 41.3 feet at a bearing of S 89056'-37.7E; then running a distance of 47.6 feet at a bearing of S 29°33'47.4" E till its intersection with the southern line at the Cross Street SE right- of-way, as depicted in Exhibit B attached hereto and incorporated herein by reference, for the purpose of constructing a new driveway, closing one existing driveway, installing a retaining wall and a fire hydrant pursuant to easements granted of even date herewith, and constructing improvements within the adjacent public right-of-way. TERMS AND CONDITIONS 1. Grantee agrees to widen the existing driveway in the northwest comer of Grantor's Property accessing "A" Street Southeast to a total width of 40 feet. Grantee further agrees to construct a new driveway fiom Grantor's Property to Cross Street Southeast having a total width of 40 feet. All construction activities on Grantor's Property shall be conducted within the areas shown on Exhibit C, attached hereto and incorporated herein by this reference. During the term of this easement, at least two driveways accessing "A" Street Southeast and/or Cross Street Southeast shall remain open to vehicles, including delivery trucks, entering and exiting Grantor's .Property, except for such temporary closures, not exceeding two hours in length during business hours, as the Grantee finds necessary for the efficient completion of its improvements to "A" Street Southeast and Cross Street Southeast. The parties understand that the grade elevation of Cross Street Southeast will be altered as part of the Grantee's construction project, which may necessitate closing portions or all of Cross Street Southeast to through traffic for extended periods of time. During the term of this easement, Grantee shall maintain local access to Grantor's Property from Cross Street Southeast to the extent possible and will provide typical construction signage for directing local access as well as signage indicating that businesses are open during construction. 2. Grantee, its contractors, employees, agents, successors and assigns, shall not use, store equipment or materials, or park on Grantor's Property outside of the temporary construction easement area. Any parking, storage, or use of the temporary construction easement area shall not significantly block views of or from Grantor's Property. 3. No fence, wall or other barrier shall be placed to enclose the temporary construction easement granted herein. 4. Grantee shall restore the temporary construction easement and any other portions of the Grantor's Property impacted by Grantee's construction to as good a condition as existed on the day construction commenced. This shall include the timely removal of any and all debris, rubbish or combustible material resulting from constriction activities. 5. This Temporary Construction Easement shall expire upon completion of the construction activities described herein, or December 31, 2006, whichever is earlier. 6. Grantee will provide Grantor with a copy of Grantee's construction schedule, and will provide Grantor with the earliest notice possible of any suspensions of work, including any Winter shutdown of the project, and of the resumption of work after such suspensions. Prior to commencement of construction, Grantee shall provide Grantor with the name and contact infonnation for the City's project manager and on-site inspectors to enable Grantee and its lessee and sublessee to contact the City as needed during hours of constriction. Notices shall be provided as follows: Pacific Resources Associates LLC: Dan Tapella and Kirsten Day via fax # (503) 624-7755 and U.S. Mail to: 15350 S.W. Sequoia Parkway, Suite 300 Portland, Oregon 97224 ♦r CSK Auto: Robert Knight via fax # (253) 833-9533 Renee Ewing via fax # (602) 234-1361 Store Manager via fax # (253) 735-2664 7. Grantee agrees to backfill behind the retaining wall along Cross Street Southeast to be constructed pursuant to that easement of even date herewith and landscape the backfilled area consistent with the existing landscaping. One year after completion of the construction activities described herein, the Grantee shall pay for a review by an arborist of those landscaping trees along Cross Street Southeast not removed for construction of the above-described new driveway. If the arborist determines that any of those trees will not survive, or poses a dangerous condition, the Grantee, at no cost to Grantor, shall take such steps as recommended by the arborist and mutually agreed upon by the parties, to remedy the situation, including replacement of those trees. 8. Grantee shall install a new water service stub to the edge of Grantee's Property for irrigation serving Grantor's Property and shall relocate the existing fire service connection as needed for construction of Grantee's improvements to "A" Street Southeast and Cross Street Southeast, at locations acceptable to the Grantor. 9. Grantor authorizes and appoints Grantee as its agent to make application for any and all pen-nits required to complete the Grantee's construction project. 10. Grantee hereby agrees to indemnity and hold harmless the Grantor against and from any and all liability for losses, damages, claims and expenses arising out of or related to the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. 11. Grantee agrees that the terms and conditions of this Temporary Construction Easement shall be incorporated into any and all contracts executed by the Grantee for the construction contemplated herein. Notwithstanding the foregoing, the Grantee shall be responsible for compliance with the terms and conditions of this Agreement and shall be liable for any breach thereof. :Dated this nd day of 2005. Pacific Resources Associates .LLC, a Delaware limited liability com any By: Name: Kirsten Day Its: Vice President A pied p oved. DEC 5 2005 Pete B: Lewis, Mayor Date STATE OF OREGON ) )ss. COUNTY OF On this .Pij~.. day of 06-ve-k"~ , 2005, before me personally appeared KIRSTEN DAY, to me known to be Vice President of Pacific :Resources Associates, Inc., the Delaware limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ Signature: ~ ITC(.ccJ~~--~--. OFFlGYU.SEAT. Name (Print): j 1Z A. I "CZa)-f-h6 r"e-, TRACY A. HAVIMPINE NOTARY PUBLIC in and for the State of NOTARY PLq=-OREGON COMMISSION NO. A382602 Oregon, residing at gre-5A.Ce•cu MY COMMISSION EXPIRES SEPT. 4, 200]My appointment expires: STATE OF WASHINGTON ) ) COUNTY OF iL } On this day of j -e4 .,,Ley-, 2005, before me personally appeared PETER B. LEWIS, to me known to be Mayor of the City of Auburn, the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned,. and on oath stated that he was authorized to execute said instrument on behalf of said municipality. IN WITNESS WHEREOF, .l have hereunto set my hand and affixed my official seal the day and year first above written. .4' Signature: 4;•0~ 4,t 01,Name (Print): jc ~zs U NO7q a . 0 9,~. m VOTARY PUBLIC: in and for the State of A ° co: ?JVashington, residing at ~"a''I- UrC or U) ti IJgLIC '►~9~ :'My appointment expires: t6l-LS"~ G"? ► t~` 28.07 . •',~0~ ►►+►'Q~"wA 3H1e~~ EXHIBIT A PARCEL A Lots 4 and 5 and the south half of Lot 3, Block 3, Abraham's Park. Addition to Auburn, according to the plat thereof recorded in Volume 27 of Plats, page 26, in King County, Washington; TOGETHER WITH that portion of vacated "B" Street Southeast, described as follows: Beginning at the northwest corner of Lot 3, Block 3, Abraham's Park Addition to Auburn; Thence south along the west line thereof:, 20 feet to the TRUE POINT OF BEGINNING; Thence west parallel with the north line of said Lot 3, a distance of' 10 feet; Thence south parallel with the west line of said Lot 3, a distance of 20 feet; Thence west parallel with the north line of'said Lot 3, a distance of 15 feet; Thence south parallel with the west line of said Block 3, a distance of'80 feet; Thence east parallel with the north line of said Lot 3, a distance of 25 feet to the west line of said Block 3; Thence north along said west line 100 feet to the TRUE POINT OF BEGINNING. PARCEL B: The south 20 feet of Lot 4 and all of Lots 5 and 6, Block 2, Abraham's Park Addition to Auburn, according to the plat thereof recorded in. Volume 27 of Plats, page 26, in King County, Washington; TOGETHER WITH Lot 6, Block 3, Abraham's Park Addition to Auburn; AND TOGETHER WITH the west half of vacated "B" Street SE adjoining said south 20 feet of Lot 4 and all of Lots 5 and 6, Block 2; AND TOGETHER WITH the vacated portion of "B" Street SE, lying south of a line connecting to the southeast corner of said Lot 5, Block 2, with the southwest corner of Lot 5, Block 3, and north of the south line of said Abraham's Park Addition to Auburn; AND TOGETHER WITH that portion of the south 40 feet of Lot 20 and all of Lot 21, River View Addition to Auburn, according to the plat thereof recorded in Volume 9 of'Plats, page 90, in King County, Washington, lying west of said Block 2, Abraham's Park Addition to Auburn; AND TOGETHER WITH that portion of'Lots 22 and 23, .River View Addition to Auburn lying west of a line drawn at right angles to the north line of said Lot 22 at a point thereon which is south 88°08'30" west, 79.10 feet from the northeast corner of the west 500 feet of said Lots 22 and 23; EXCEPT that portion thereof'deeded to Auburn for Cross Street SE, described as follows: Beginning at the southwest comer of Lot 23, River View Addition to Auburn, according to the plat thereof recorded in Volume 9 of Flats, page 90, in King County, Washington; Thence east along the south line of said Lot 23, 232.29 feet; Thence northwesterly to a point on the east marginal line of "A" Street SE, said point being 17.0 feet north of the northwest corner of said Lot 23; Thence south to the point of beginning of this exception. m~ F-' M X w, m X f-1 Is Ld 1 I I PROPOSED 1 ~ ! W w gad MYEWAY ~ ~ (f j f PROPOSE. a-D-n -1 ESSA IL a-o-r INS PROPOSED 1t HYDRANT \ \ EASEMENT \ \ \ IY- \ %tOPOSED 1 \ ~ WAIi m \ \ •d EASEMENT QyR:Ry4:.~ ~ QS S STREE l - PROPDSED J.'J~~9 Cn I 0 30 sa so GRAPHIC SCALE ~p projsct No. 01006 3rd, CROSS & %Am ST SL Street 0mpro amsnt f CR. 'T H U W rT~ F~+