HomeMy WebLinkAbout7107090478 PLANTING AREA EASEMENT 070971.
RIGHT--OF-ENTRY AGREEMENT
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WHEREAS, Glen 0. Vig and Margaret Vig, husband and wife, being
owners of the following described real property; in'the "City of
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01% Auburn, Washington, have been contacted by the City of Auburn,
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r` Washington= a municipal corporation, whose interest has been the
securing of a planting area easement for beautification improvements
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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.
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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.
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PARCEL A
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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
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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.
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• ~ 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
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-instrument-_to.be-the free and voluntary act-and-deed-of said corporation, for the
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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
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Val. P
RECORDS
KING CCUN. ,
FILED for Record a equ ~t of
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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
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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
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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
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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:
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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
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PUBLIC`WORKS COMMITTEE MINUTES
~ob~ Gt~o h / h of,/lt
March 20, 1989
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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.