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HomeMy WebLinkAbout7107090478 PLANTING AREA EASEMENT 070971. RIGHT--OF-ENTRY AGREEMENT g, WHEREAS, Glen 0. Vig and Margaret Vig, husband and wife, being owners of the following described real property; in'the "City of CD 01% Auburn, Washington, have been contacted by the City of Auburn, C7 r` Washington= a municipal corporation, whose interest has been the securing of a planting area easement for beautification improvements I on Auburn Way North; and WHEREAS, the owner has indicated that a planting easement will not be provided; NOW, THEREFORE., the parties signing this agreement for and in consideration of mutual-promises.herein.contained, herewith promise each other as follows: 1. Upon execution of. this agreement by all parties hereto and their duly authorized representatives, the City of Auburn, Washington, its heirs; success.ors and assigns shall have the right to enter upon the following described real property for the purpose of preparing it as a street beautification improvement, as described in Exhibit "A" attached hereto and by this reference made a part .hereof, but said City will have the right to'perform only those acts reasonably necessary for the co mpletion_o'f_the intended street beautification project ands' further,,the City,of Auburn shall be responsible at its own expense for'restoring•t'o pre-construction condition the property upon which they enter. 2. Said City of:.Auburn will maintain said project located on uy; Vig's land in.good repair and condition at all times. ..3'. Ow,nerls permission for placement of said beautification improvements' on the following described real property shall not be construed to imply„any interest in-said property in favor of the City of Auburn. „ _ 00 !per !U U 4. Owner shall retain the right, upon thirty (30) days notice in writing to the City of;:.Auburn, to order said.beautification improvements removed by the City and said property restored to its .original condition. `Sixty` (60) days shall be allowed for said 'removal and'rest.oration which shall be accomplished totally at the expense of the City, 5. Owner is hereby released and held harmless by the City of Auburn from any snits or claims for damages which may arise in con- junction,with or.as a result o.f the placement of said improvements; and said City shall waive 'on its own behalf and in all contracts with third parties shall require the'same to.waive prior to labor or the supplying of materials any liens statutorily available to the suppliers of materials or 'labor. 6: The City of Auburn; in the event of.suit:brought against the owner or their successors or,assigns, growing out of the con- structiofi 'of said project, agree- to.pay reasonable attorney's fees herein incurred by Owner or their successors or assigns, and further shall satisfy any judgment rendered against Owner or their successors or assigns therefrom.... 7, The. Owner shall.be entitled to an allowance for reasonable attorney's fees for review of th s-agreement..__,-Said allowance for reasonable attorney's fees.shall be,limited to Twenty-Five Dollars s ($25.00). 8. Th'e;real property'here'and'before referred to is located in the City of.Auburn, County of King, State of Washington, and is more fully de'scribed=as follows; to wit:, `Portions of the following described Parcel "A", said portions being defined as follows: Beginning at the Southeast corner of said Parcel "A"; thence North along the West marginal line of Auburn Way North a distance of 32 feet; thence Westerly to a point which is 12.5 feet West and 32 feet North of the point of beginning; thence Southerly to a point.which is 18 feet West and 12 feet North " - of the point .of beginning; thence Westerly to a point which is 32.5 feet West and 7.5 feet North of the point of beginning; thence South parallel with the West marginal line of Auburn Way North 7.5 feet to the North marginal ' line of 37th Street N.E.•; thence East along the North marginal line,of 37th Street N.E. to the true point of beginning-. Togetherwith: ' the. East 12 feet of the North 7 feet. i PARCEL A ~ ! Beginning at a point 1487.34 feet East and 2286.76 feet South of,the Northwest corner of the H.H. Jones D.C. #39 in Se-tion Township 21 North,,R5E, W.M.; thence West J 264 .feet; the nce North 165 feet; thence East 264 feet; thence South 165 feet'to the point of beginning, LESS the South 40 feet for streets and LESS State Highway. 9. It.,is further agreed by both.parties, their heirs, succes- sors and assigns and all other subsequent owners,.their respective heirs, successors or:'assigns that should it be necessary for the Owner to enforce. any of the hereinabove designated provisions and special conditions as outlined in Sections 2 through 7, the City of Auburn, their successors and assigns hereby covenant and agree to pay the Owner, his heirs, successors or assigns or other subsequent owners, their respective heirs, successors or assigns, all reason- able attorneys fees and costs, 'as.well as any other costs incurred by the owner to enforce the said special conditions of this agree-. ment. 10. That`an executed copy of this agreement shall-be recorded to~11e land records' of the King .County Auditor. n1& 0. GNED this ~6Z day of ~C -e 1971. r0 l~ • ~ CI-TY OFD by MAYOR. rT Spey STATE V WASHINGTON) ) ss. COUNTY OF KING ) On this 'Z7v-& • day of 1971, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, ,personally appeared STANLEY P. KERSEY and GENE WILLIAMS, to me known to be the Mayor CO and City Clerk respectively of the City of Auburn, a municipal corporation, and the O corporation that executed the foregoing instrument, and acknowledged that the said O -instrument-_to.be-the free and voluntary act-and-deed-of said corporation, for the ;O uses and purposes therein mentioned, and on oath stated that they are authorized land directed to execute the said instrument, and that the seal affixed is the cor- porate se ly o'f..~~ 'corporation. f d official seal hereto affixed the day and year first above ( e, 5 m wririr~t`' ~~y~a\NOTARY UBLI , in and for the State of Washington, residing at Auburn. STATE OF WASHINGTON) - _ - COUNTY OF KING - On This Y day-of'',., , 1971, before me the undersigned, a Notary Public-in-and for the State of Washington, duly commissioned and sworn, per- sonally appeared GLEN 0. VIG and MARGARET VIG, husband and wife, to me known to be the individuals described in and who executed the foregoing instrument, and acknow- ledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN und.er..,my hand and official seal this day of 1971. NOTARY PUBLIC in and for the State of Washington, residing at mat ~ 0 U a Q?j" 1. 'R MP ZZ Val. P RECORDS KING CCUN. , FILED for Record a equ ~t of . , . Amass. ZA ~tf~ CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subject: Date:August 2, 1990 RESOLUTION NO. 2110 Department: Attachments: Budget Impact: PUBLIC WORKS RES. NO. 2110 & EASEMENT Administrative Recommendation: INTRODUCE AND ADOPT RESOLUTION NO. 2110 Background Summary: RESOLUTION NO. 2110 AUTHORIZES THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE APPROVAL OF AN EASEMENT TO PACIFIC NORTHWEST BELL, WITHIN CITY OF AUBURN PARK PROPERTY, FOR A COMMUNICATION LINE AND EQUIPMENT AT THE SE CORNER OF 30TH STREET NE AND AUBURN WAY NORTH, AS SHOWN ON THE ATTACHED MAP. REP 08 06W-2 Reviewed by Council Committees & Com missions: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMI Airport TTEES: --M&O _ Hearing Examin. Finance - Building Mayor - Human Resources- Municipal Serv Parks ices - Cemetery - Library Board - Planning & C - Finance - Personnel - - Park Board XX Public Works Planning - Fire - Planning Comm. - Legal - Police Other Library XX-Public Wor Approved Call for Hearing Referred to Until _ -Coomm tree Approval Yes No Tabled Until Councilmember: KURLE Staff: CURRIE Meeting Date: 08/06/90 Item Number: VII.B.1 Page: 1 i~ 'IV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 2 1 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN EASEMENT TO PACIFIC NORTHWEST BELL FOR COMMUNICATION LINE AND EQUIPMENT. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. APPROVAL. The City Council hereby approves the grant of an easement to Pacific Northwest Bell under the terms and conditions of the Easement attached to this Resolution, designated Exhibit A and incorporated by reference. This Resolution supersedes that easement granted to Pacific Northwest Bell Telephone Company by the City of Auburn dated February 5, 1990 and recorded under King County recording number 9003231027 as authorized by City of Auburn Resolution No. 2038. The Mayor and City Clerk are authorized to execute the easement. Section 2. RECORDING. Upon signing and approval of the Easement by the Mayor and City Clerk, the City Clerk shall have the Resolution and Easement recorded in the Office of the King County Auditor, Records and Elections Division. The City Clerk shall have a conformed copy of the recorded documents sent to Pacific Northwest Bell after recording. Resolution No. 2110 July 13, 1990 Page 1 '1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 3. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 6th day of August, 1990. CITY OF AUBURN M A Y 0 R ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Marguerite Sc City Attorney I Resolution No. 2110 July 13, 1990 Page 2 ('Itgltt4 c.oz°"r'a't U EASEMENT Job R. E. KNOW ALL MEN BY THESE PRESENTS: R/W Reference For and in consideralion of Mutual Benefits , the undersigned, hereinafter referred to as Grantor(s). hereby grants a perpetual easement to Pacific Northwest Bell Telephone Company, a Washington Corporation, its successors and assigns, hereinafter referred to as Grantee, with the right, privilege and authority to place, construct, mainjain, inspect, reconstruct, repair, replace, remove and keep obstacles clear from Grantee's facillties consisting of underground communication lines and above ground cwhtnor< and other appurtenances as the Grantee may from time to time require over, across, upon and under the hereinafter described property situated in King CountY,Stateof Washington and is described as follows: 3 That portion of the James A. Lake Donation Land Claim Nos. 38 and 41, described as follow: that portion lying Easterly and Northeasterly of the Easterly and 4 Northeasterly right of vay line of State Highvay No. 5 as conveyed to the State of Washington by deed recorded under Auditor's File No. 5918246; Situate in the City of Auburn, County of King, State of Washington. Said easement being described as follove: n Beginning at the Northeast corner of J.A. Lake Donation Claim #41: n thence South along the East line a distance of seventy-five feet (75.37) to the true point of beginning; U thence South along the last line a distance of thirty-five feet (35'); thence at a right angle to the West a distance of fifteen feet (15'); thence at a right angle to the North a distance of thirty-five feet (351); thence at a right angle to the East a distance of seven feet (71); a Puget Power (over) Grantee shall at all times have the right of full and free ingress to and egress from said property described above, with the understanding that Grantee shall be responsible for all damage caused to Grantor arising from Grantee's exercise of the rights and privileges herein granted. Grantor reserves the right to use the easement for any purposes as long as not inconsistent with not an Interference with the rights granted Grantee herein. The rights, conditions and provisions of this easement shag inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. In witness whereof the undersigned has executed this instrument this day of -.19 Witness: By: 1 r (IndMdual Acknowledgement) (Corporate Acknowledgement) State of State of as 83 County of County of On this day personally appeared before me On this day personalty appeared before me known to me to be the individual who executed the foregoing Instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes herein mentioned. Given under my hand and official seal this day 01 -.19-. who did say he/she Is the or the corporation that executed the foregoing Instrument. and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and Purposes therein mentioned, and on oath stated that _ Mas/were authorized to execute said Instrument on behalf of the corporation. Given under my hand and official seal this day of ,19 Notary Public in and for the State of Notary Public in and for the State of residing at residing at Myrnmmlaalnnnxpirne'._ My commission expires: 'i ° , a D z 0 0 D M 10 d 1 Sa I 1 thence in a Northvesterly direction fifty-tvo feet (52') to the South margin of 30th Street Northeast; projected Westerly thence East along the South margin of 30th Street a distance of three feet (3'); to the Northeasterly right of vay line of State Road No. 5; thence Southeasterly along said Northeasterly right of vay line a distance of fifty-two feet (521) to the true point of beginning. This easment is restricted to communication cabinets sixty-eight inches (68") in height ss measured from the top of the concrete pad. Grantee hereby convenants and agrees to protect, indemnify and hold the Grantor haraless from any and all damages, claims, costs or liabilities which may in anywise come against the Grantor by reason of injury to third persons or to the property of the Grantor, vhich results from, is caused by or arises out of the exercise of any rights hereunder. In the event that the Grantee abandons the property herein described for a period of six (6) months, the easement hereunder shall revert to the Grantor. This easement superoedes that easement granted to Pacific Northwest Bell Teleph m CmgwW by the City of Auburn, dated February 5, 1990 and recorded under King County recording number 9003231027. Soto ST Ak • ' or 6poEww _ ~ 1 PUBLIC`WORKS COMMITTEE MINUTES ~ob~ Gt~o h / h of,/lt March 20, 1989 1 J The meeting was called to order at 5:30 p.m. Those in attendance were Chairman Don.Kurle, Couricfilniai tacey Brothers, Councilman Pat Burns. Staff in attendance were Public'Works:Director Frank A. Currie, City Engineer Marv Seabrands, Operations Manager J.,,Armstrong, Street Supervisor-Virgil Reynolds. I. ISSUES A. AIRPORT IMPROVEMENT ENGINEERING CONTRACT John Anderson had-requested this item ~be held from the agenda ,,.,:,.pending further clarification of insurance requirements. B. STREET DIVISION REPORT Frank Currie reviewed with the Committee a funding status matrix for the various funds available for street construction and maintenance work. Several projects were discussed in detail, and Virgil Reynolds displayed video tape of slurry seal and chip seal projects for 1988 and discussed the future program proposed for ~ 1989. REQUEST EOR_.EASEMENT BY U.S. WEST TO INSTALL SWITCHING CABINET a cement has been requested from U.S. West in the vicinity of 461 30th and Auburn Way North to install two switching cabinets. The / Committee had several questions regarding the.location and its proximity to the Slaughter Memorial; if other suitable sites were available in the area; and whether the City should be charging for an easement on City property. Staff will research the request and report back to the Committee at a later meeting.