HomeMy WebLinkAbout8604111097 WATER EASEMENT 041186.fir. X Dc
E A S
E M
E N T
The owner (s) of Lot 3 of
Auburn Park
?c;
of Industry Division TT r Ao hereby
grant and convey to Th
a Cit
-~z of .AU
1jnry
~Ta 14nni rfnal enr~
an easement
over and across, upon and
underneath,
the
following described ].and for ingress
and egress and for the purpose.of laying,
maintaining, and
installing
a water line
-
said land being described
as:
O
The North 15.0 feet
along with
the
North 137.5 feet
of the East
;00
22.0 feet less the
North 122.5
feet of the East 7.0
feet of Lot 3
of said plat.
,
j
DATED this J~ day. of F O'w_ 19 A0
O
.n}rl1 #1097 E
RECD F 5.00
STATE OF WASHINGTON)
COUNTY OF RING )
I, the undersigned, a ,Notary Public in and for the State of. Washington,
duly commis'i ned a sworn, hereb certif that o this day personally appeared
- -
_ ,
befor-e-me- - -
`
to me known to be the individual(s) des ibed in and who executed the ;fo're'going
instrument. and acknowledged that- signed and sealed the same as~ 'd`~ fte~~t.
and voluntary act and deed for the u es and purposes therein mentig.4
rn ~f~ r o
GIVEN under my hand and seal t Ks ~0, day of Qom; 9: 'F
~jc
NOTARY PUBLIC I AND FOR HE ST,,A,,T,E, 9~FF//~~~~
WASHINGTON, RE I.DING AT U Ll~l~l_i~~
pp-
P--ON
0
0
FILED for Record at Request Of
Q-;, k~z A ~ ll&
Wt
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Date: November 3, 1994
Res. No. 2565, Agreement with Puget Power
Department:
Attachments:
Budget Impact:
Public Works
Res. No. 2565 & Agreement
None
Administrative Recommendation:
ntroduce and adopt Resolution No. 2565.
Background Summary:
Resolution No. 2565 authorizes the Mayor and City Clerk to execute a culvert, drainage, and road
easement and agreement with Puget Sound Power & Light Company.
REF. W1107-8 PW/C
Reviewed by Council Committees & Commissions:
Reviewed by Departments & Divisions:
_ Arts Commission COUNCIL COMMITTEES:
_ Airport
_ M&O
_ Hearing Examin. _ Finance
_ Building
_ Mayor
_ Human Resources _ Municipal Services
_ Cemetery
_ Parks
_ Library Board _
g
& CD
annin
Finance
Personnel
Park Board xblic Works
_ Fire
_ Planning
/
_ Planning C
_ Legal
_ Police
Other
Library
xx Public Works
Approved Cal l f r Hearing
Referred to
Unti l
Committee Approval Yes No
Tabled
Until
Council ember: Wagner Staff: Currie
Meeting Date: 11/7/94 Item Number: VII.B.4. Page: I
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RESOLUTION NO. 2 5 6 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
CULVERT, DRAINAGE, AN ROAD AND AGREEMENT WITH PUGET SOUND
POWER & LIGHT COMPANY.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
i
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of
Auburn, Washington are herewith authorized to execute a
Culvert, Drainage, and Road Easement and Agreement between the
City and Puget Sound Power & Light Company. A copy of said
Agreement is attached hereto, denominated as Exhibit "A", and
made a part hereof as though set forth in full herein.
Section 2. 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 7th day of November, 1994.
CITY OF-AUBURN
CHARLES A. BOOTH
Mayor
Resolution No. 2565
October 14,1994
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
Resolution No. 2565
October 14,1994
Paae. I
After Recording Return To:
City of Auburn
Attn: Public Works Department
25 West Main
Auburn, WA 98001
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT
This'CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT rAgreemento),
dated as of this day of .1994, is made and entered into by and between PUGET
SOUND POWER b LIGHT COMPANY, a Washington corporation ("Puget Powee), and THE CITY
OF AUBURN, a Washington municipal corporation ("City'.
RECITALS
A. " Puget Power has an interest in that certain property more particularly described on
Exhibit A'attached hereto and incorporated herein by this reference (the "Property"), which Property
Puget Power uses and intends to continue to use for the transmission and distribution of electric
power and associated facilities and uses (including, without limitation, switching station and
substation facilities and communication uses such as fiber optics).
B:'. i-, The City desires to construct culverts and necessary appurtenances thereto in
acconiani:e4ith the plans and specifications more particularly described on Exhibit B attached
hereto and incorporated herein by this reference (the "Culverts') under and across that portion of the
Property more particularly described the "Culvert Easement Area" on Exhibit C attached hereto and
incorporated herein by this reference. The City further desires to drain storm water runoff from the
City's storm water sewer system through the Culverts over and across portions of the Property
through the drainage course commonly known as Mill Creek ("Mitt Creeko).
C. ` The City has, with the informal permission of Puget Power, constructed a road in
accordandiwith the as-built drawings and specifications depicted on Exhibit B attached hereto and
incorporated herein by this reference (the "Roadw) over and across that portion of the Property more
particularly described as the "Road Easement Area" on Exhibit D attached hereto and incorporated
herein: by this reference. The City further desires to formalize its relationship to the Property and
Puget Power with respect to the Road.
t Subject to the terms and conditions of this Agreement, Puget Power desires to
accommodate the City's desires regarding the Culverts, the stone water runoff, and the Road.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein and .
other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Grant of Easement.
Puget Power hereby conveys and quitclaims to the City a perpetual, nonexclusive easement
upon; ovdr' along, across, and through-the Culvert Easement Area and the Road Easement Area for
such purposes, and subject to such terms and- conditions, as are hereinafter set forth.
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 1 Initials
(07772-0701 /BA941180.0021 5/25/94
Auburn Resolution No. 2565
Exhibit A
::t'. :.•ars:s~--~~"~i.I:<. . . a _~......r.^_ ~5;:.L^.....t E~*".,'~Sa~. ~+•i:5~•. - ~.r.Ss'4~~ia'~~.i..~-4$... :z ca,m a. ..r
2. Purpose of Easement.
The City shall have, at its sole risk, cost and expense, the right to use:
(a) the Culvert Easement Area for the purpose of constructing, maintaining, repairing,
and using the Culverts and for the purpose of draining storm water runoff through the
Culverts over and across portions of the Property through Mill Creek. Such use of
the Culvert Easement Area shall hereinafter be referred to as the 'Culvert Permitted
Use:"
(b) the Road Easement Area, for the purpose of maintaining, repatritr~;£. d using the
Road. Such use of the Road Easement Area shall hereinafterr6e`refeired to as the
'Road Permitted Use."
The Culvert Easement Area and the Road Easement Area shall hereinafter be collectively referred to
as the "Easement Areas," and the Culvert Permitted Use and the Road Permitted Use shall
hereinafter be collectively referred to as the "Permitted Uses.'
3. Manner of Exercising the Permitted Uses.
3.1 Except as provided in paragraph 2, the City shall not use, or allow any third
party (i.e., a person or entity other than Puget Power) to use, the Easement Areas for any purpose
whatsoever.
. 3.2 The City shall, at all times, cause the PermitW, tJses'-tol1 undertaken in a
manner so as to prevent bodily harm to persons (whomsoever) and damage-tp^pngpeif
(whatsoever). LL
3.3 Vehicular use of the Culvert Easement Area is prohibited;(except for
emergency vehicles and such vehicles owned or operated by or on behalf of Puget Power or the
City). The City shall be solely responsible for ensuring that no one (other than the employees,
agents, representatives, or contractors of the City or Puget Power) enters upon the Culvert
Easement Area.
3.4 The City shall maintain and repair the Easement Areas°(and"any
improvements placed thereon by or on behalf of the City) as necessary to keep'the same in a neat,
dean and safe condition and otherwise suitable for the Permitted Uses and Puget Power's use
thereof.
3.5 The City shall notify Puget Power at least thi4 iays•prior to the City's
anticipated commencement of any construction, maintenance, or repair activities on any Easement
Area. Puget Power may, in its sole discretion, require the City to amend its scheduled;{
commencement to coordinate the City's proposed activities with Puget Power'activities-In the vicinity
of the City's proposed activities; provided, however, that in the event of any emergency requiring
immediate maintenance or repair action by the City to protect persons or property from imminent
harm, the City may take such action upon such notice to Puget Power as is reasonable under the
circumstances.
3.6 The City shall not cause or permit modification; alteration or other charge to
the Culverts or the Road upon or within the Culvert Easement Area or the Road Easement Area, or
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT
107772-0701 /BA941180.0021
s PAGE 2 -,r
5/25/94
modification, alteration or other change in the quantity, quality, or existing drainage course through
Mill Creek, of storm water runoff draining over and across the Property as of the date of this
Agreement (collectively, 'Alteration', without first obtaining Puget Power's prior written consent
(which such consent shall not be unreasonably withheld). Such consent may be conditioned upon
Puget Power's review of and satisfaction with detailed plans and specifications, scheduling or such
other matters relating to the proposed Alteration (including, without limitation, a requirement that
Puget Power personnel be present during all phases of any such activity). Any refusal by Puget
Power to consent to any Alteration on the grounds that the same may hinder, Impair or-otherwise
Interfere with the Puget Power's installation, operation, maintenance, repair, replacement,
enlargement, improvement, or use of the Property or any facilities used in connection with the
transmission or distribution of electric power shall not be deemed unreasonable, as such
determinations are reserved to Puget Power's sole judgment and discretion. Puget Power's consent
to any one or more Alteration shall not be deemed to be consent to any other Alteration.
3.7 All activities performed by or on behalf of the City shall be performed in
strict accordance with any plans and specifications submitted to and approved, or consented to, by
Puget Power (including, without limitation, any scheduling, directions or other conditions of Puget
Power's approval or consent) and completed in a timely, careful and workmanlike manner. Without
limiting the generality of the foregoing, the City shall exercise, or shall ensure any persons or entities
acting on behalf of the City exercise, the highest degree of care and caution to prevent any contact
with Puget Power's facilities or equipment, including, without limitation, power lines, poles,
communications (including, without limitation, fiber optics) facilities, and underground facilities on the
Property. Such care and caution shall include, but shall not be limited to, designing and constructing
any and all improvements to withstand the consequences of any short circuit of any of Puget Power's
electric facilities now or hereafter located on the Property.
3.8 Upon completion of any construction, maintenance, repair or replacement
activity in and around the Easement Areas, the City shall cause the replacement of any survey
monuments disturbed or destroyed during such activities.
3.9 Upon completion of activities which may disturb the surface or subsurface of
the Easement Areas, the City shall restore the Easement Areas to a condition as good or better than
the condition the Easement Areas were in prior to such disturbance. If and to the extent the City
may cause any excavations within the Easement Areas, such excavations shall be done and
completed with the highest degree of care and caution to protect the stability of any improvements
located on the Property.
3.10 Upon completion of any construction, replacement, alteration, modification,
or other Change to any improvement located on or within the Easement Areas, the City shall
promptly provide to Puget Power as-built drawings and a survey showing the location and elevations
of such improvements.
3.11 The City shall keep the Property free and clear of obstructions and, if
requested by Puget Power, shall provide to Puget Power legal and physical access to the Property
during construction, maintenance, repair, alteration, modification, or other change of any
improvements on or within the Easement Areas.
3.12 The City shall at all times ensure that the Permitted Uses and all activities
undertaken in accordance with this Agreement are in compliance with all applicable laws, and the
City shall obtain all necessary permits, approvals, or licenses required by any governmental agency
with jurisdiction to undertake any activity on the Easement Areas.
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT
107772-0701 BA941180.0021
PAGE 3 1~It~a/
6/25/94 \
3.13 The City shall not cause or permit any equipment, supplies, vehicles or other
items to be kept or stored upon the Easement Areas without first obtaining Puget Powers prior
written consent thereto, which such consent shall not be unreasonably withheld.
3.14 The City shall promptly pay (and secure the discharge of any liens against
the Easement Areas asserted by) all persons and entities furnishing any labor, equipment, services,
supplies, materials or other items in connection with the Permitted Uses.
4. Puget Powers Reserved Rights.
4.1 Puget Power reserves the right to use the Easement Areas for n any
purposes related to the transmission or distribution of electric power, and communications (including,
without limitation, fiber optics), whether or not such purpose is inconsistent with the City's rights
hereunder, and (ii) for any other purpose not inconsistent with the City's rights hereunder (including,
without limitation, the right to grant easements, licenses and permits to others subject to the. City's
rights). Without limiting the generality of the foregoing, Puget Power has historically and continues
to use the Easement Areas as operating utility property In connection with the transmission and
distribution of electric power. Puget Power reserves the right to use the Easement Areas for such
activities and Puget Power (and its employees, agents, contractors and designated representatives)
shall at all times have the right to enter upon the Easement Areas without prior notice to the City.
The City shall use best efforts to accommodate Puget Power's use of the Easement Areas, and the
City shall not otherwise undertake any use, development or operation therein or thereon which
precludes or materially interferes with Puget Power's use. The City acknowledges such historical
and continuing use of the Easement Areas and acknowledges that the Culvert design and the Road
agreed upon by the parties and attached as Exhibits hereto expressly provides for continuing use,
modification and upgrade of, together with access to, utility facilities within, upon and under the
Easement Areas. The City shall bear all costs and expenses associated with modifying the Road,
the Culvert or any other improvements placed on the Easement Areas to the extent that such
improvements interfere with Puget Power's exercise of its reserved rights.
4.2 In the event the City fails to perform any of its obligations arising under this
Agreement, Puget Power may (without obligation to do so) perform the same at the City's sole risk,
cost and expense.
5. Indemnity. The City agrees to release, defend, indemnify and hold harmless Puget
Power, Puget Power's directors, officers, employees, agents, servants and representatives (and the
respective successors and assigns of each and all of the foregoing) (collectively, the 'Indemniteeso.
from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm,
damages and liability (including, but not limited to, attorneys' fees) of any kind or character asserted
or arising directly or Indirectly from, on account of, or in connection with the City's development,
construction, repair, maintenance and control of the Easement Areas (and any improvements
thereon). With respect to all or any portion of the foregoing obligation which may be held to be
within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent
permitted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein
assumed, the City waives any immunity, defense or other protection that may be afforded by any
workers' compensation, industrial insurance or similar laws (including, but not limited to, the
Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington).
Without limiting the generality of the foregoing, the City acknowledges and agrees that
development, construction, repair, maintenance and use of the Culverts on the Culvert Easement
Area may impact Puget Powers use of the remainder of the Property for utility-related activities.
Therefore, the City further agrees to defend, indemnify and hold harmless the Indemnitees from and
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 4
107772-0701 /BA941180.0021 5/25/94
tial
s
against any and all impacts the City's use of the Easement Areas may have on Puget Powers
exercise of its rights or retained interests under this Agreement or Puget Powers use of the Property
for any utility-related activity, which impacts may include, without limitation, the application of any
wetlands, wetlands buffer, sensitive area or other comprehensive plan or development regulation to
the Easement Areas which would preclude Puget Powers use or activity or would require Puget
Power to perform any type of action or mitigation for such use or activity.
The City's obligation to Indemnify Puget Power pursuant to this Section S shall survive any
termination of: (a) this Agreement pursuant to Section 10 hereof, or (b) any other termination of the
City's rights to the Easement Areas. Without limiting the generality of the foregoing, such
Indemnification obligation shall remain in full force-and effect for as long as all or any potion of the
Culvert Easement Area or portions of the Property can be classified as any class or type of wetland,
wetland buffer, stream, stream buffer, or sensitive area under any scheme or method of identification
or classification used by any governmental authority with jurisdiction.
6. Insurance.
Prior to undertaking any aspect of the Permitted Uses, the City shall provide to Puget Power
evidence (in a form acceptable to Puget Power) that the City (and, in the event the City hires a
contractor to perform the Permitted Uses, the City's contractor) has obtained commercial general
liability policies of Insurance (Including contractual liability coverage) satisfactory to Puget Power and
naming the Indemnitees as "Additional Insureds", and with limits no less than the following:
Bodily Injury Uability, including Automobile Bodily Injury $1,000,000 each occurrence
Uability
Property Damage Uability, including Automobile Property $1,000,000 each occurrence
Damage Uability
Employers Uability (Stop Gap) $1,000,000 each occurrence
Such insurance shall be maintained at all times by the City (or the City's contractors, if any).
T. No Warranties.
7.1 Puget Power does not warrant title to-the Easement Areas, shall not be liable
for defects thereto or failure thereof, and disclaims any and all warranties, express or implied, with
respect to the condition of the Property or the Easement Areas. The City accepts the Easement
Areas and all rights quitclaimed to it hereunder was Is,* 'where le and with all faults, defects and
deficiencies, whether or not such faults, defects, or deficiencies are known to the City.
7.2 Any plans, specifications, schedules, documents or other information
(collectively, "Submittal') provided by the City to Puget Power pursuant to this Agreement are for
Puget Powers informational purposes only. Puget Powers receipt of any such Submittal, or any
review, analysis, approval, or other consideration or disposition thereof by Puget Power, or Puget
Powers failure to review, analyze, approve or otherwise consider or dispose of any such Submittal
(including, without limitation, failure to discover any error, defect or inadequacy of such Submittal)
shall not relieve the City of any of its obligations under this Agreement. Puget Power hereby
expressly disclaims any and all warranties, express or implied, with respect to any one or more
Submittals, or any other plans, specifications, documents or information developed, reviewed or
provided by Puget Power to the City as a condition of this Agreement.
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT
107772-0701 /BA941180.0021
PAGE 5 , Ct l t/,7~3,
5125194
a. Notices. Any notice, request, designation, direction, statement or other
communication under this Agreement shall be in writing and shall be delivered in person or mailed,
properly addressed and stamped with the required postage, to the intended recipient as follows:
If to Puget Power. Puget Sound Power & Light Company
Real Estate Department
PO Box 97034
Bellevue, WA 98009.9734
Attn: Director Real Estate and Facilities
if to the City: The City of Auburn
25 West Main
Auburn, WA 98001
Attn: Public Works Department
Either party may change its address specified in this paragraph by giving the other party notice of
such change in accordance with this paragraph.
9. Successors. The City's rights and obligations under this Agreement shall not be
assigned or apportioned without Puget Powers prior written consent. Subject to the foregoing
restriction on assignment or apportionment, this Agreement and the terms and conditions contained
herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective
successors and assigns. In the event of any such assignment or apportionment, the City and its
assignees shall be jointly and severally liable.
10. Termination.
10.1 In the event of any material breach by the City of any of the terms or
provisions herein, in addition to all other rights or remedies it may have at law or in equity, Puget
Power may terminate this Agreement by sixty (80) days' advance written notice, which notice shall
specifically state the reason for such termination. No such termination, however, shall be effective
If, within sixty (80) days after such notice, the City has cured the breach and has taken or
commenced action in good faith to prevent such breach from recurring.
10.2 This Agreement with respect to, and all of the City's rights pursuant to a
particular Permitted Use, shall terminate and revert to Puget Power upon abandonment of the
Permitted Uses by the City. The City shall be deemed to have abandoned a Permitted Use if the
City ceases to maintain and repair the Easement Area associated with such Permitted Use for a
period of five (5) successive years.
10.5 Upon any full or partial termination (e.g., termination with respect to one
abandoned Permitted Use) of this Agreement, the City shall, at the City's sole risk, cost and expense,
promptly remove from the affected Easement Area any improvements placed thereon by or behalf of
the City and restore the surface and subsurface of such Easement Area to a condition as good or
better than the condition existing on the date of this Agreement.
10.4 No termination of this Agreement shall release the City from any liability or
obligation: (a) with respect to the City's indemnification obligations pursuant to Section 5 of this
Agreement; or (b) with respect to any matter occurring prior to such termination.
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 8
(07772-0701 /BA941180.0021 5/25/94 t
w 'e
11. Compensation.
The City shall, within thirty (30) days after receipt of Puget Powers invoice therefor,
reimburse Puget Power for any and all further costs and expenses (including, without limitation,
attorneys' fees) incurred by, or on behalf of, Puget Power in connection with: (a) any and all taxes or
assessments (Including, without limitation, real, personal or excise taxes) associated with the
conveyance of the easement by this Agreement, the development, construction, repair or
maintenance of the Culverts or the Road, or any other activities undertaken in connection with this
Agreement; (b) any review of any plans or specifications associated with a proposed Alteration; (c)
any modification, amendment or other change to this Agreement; or (d) Puget Power's performance,
pursuant to paragraph 42 of this Agreement, of any City obligation under this Agreement.
Dated as of the date first written above.
PUGET POWER:
Puget Sound Power b light
Company, a Washington
corporation
By:
Arnold J. Tomac
Director Real Estate
STATE OF WASHINGTON )
)SS.
COUNTY OF KING )
THE CITY:
The City of Auburn, a
Washington municipal
corporation
By:
On this day of .19_, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
ARNOLD J. TOMAC, to me known to be the person who signed as Director Real Estate of PUGET
SOUND POWER b LIGHT COMPANY, the corporation that executed the within and 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 he was authorized
to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
written.
Witness my hand and official seal hereto affixed the day and year in this certificate above
Print Nanw
Notary Public in and for the State of Washington,
residing at
My commission expires:
CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 7
107772-0701 /BA941180.0021 5/25/94
STATE OF )
) SS.
COUNTY OF )
On this day of . 19_, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
. to me known to be the person who signed as
of THE CITY OF AUBURN, the Washington municipal corporation that executed the within and
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 was
authorized to execute said instrument on behalf of said corporation, and that the seal affixed. If any,
Is the corporate seal of said corporation.
written.
Witness my hand and official seal hereto affixed the day and year in this certificate above
Print Nano:
Notary Public in and for the State of Washington,
residing at
My commission expires:
ATTEST:
Robin Wohlhueter,
Auburn City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting Auburn City Attorney
CULVERT, DRAINAGE. AND ROAD EASEMENT AND AGREEMENT
[07772-0701 /BA941180.0021
PAGE 8 `nitia,
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Culvert, Drainage and Road Easement and Agreement
PSP&UCity-Qf Auburn
EXHIBIT A
Parcel
That portion of the Southeast 1/4 of the Southwest 1/4 of Section 1, Township 21
North, Range 4 East, W.M., in King County, State of-Washington, described as
follows: 1
Beginning at the Southeast comer of the said Southeast 1/4 of the Southwest 1/4;
thence northerly along the east line of said section a distance of 1320 feet to the
Northeast comer of said Southeast quarter of the Southwest quarter of said Section 1;
thence Westerly along the North line of said Southeast quarter of the Southwest
quarter of said Section 1; a distance of 94.8 feet; thence South 0° OT West a distance
of 1320 feet to the South line of said section at a point 100 feet West of the point of
beginning; thence East along said South line a distance of 100 feet to the point of
beginning.
Parcel B
That portion of the Southwest 1/4 of the Southeast 1/4 of Section 1, Township 21
North, Range 4 East, W.M., in King County, State of Washington, described as follows:
Beginning at the Northwest comer of the Southwest 1/4 of the Southeast 1/4 of said
section; thence South along the West line of said section a distance of 150 feet;
thence Easterly on a line parallel to the North line of said Southwest quarter of the
Southeast quarter of said Section 1; a distance of 30 feet; thence North 0° 7' East on a
line parallel to the said West line of said section a distance of 150 feet to a point on the
North line of said Southwest quarter of the Southeast quarter of said Section 1; said
point being 30 feet East of the Point of Beginning; thence West along said North line a
distance of 30 feet to the Point of Beginning.
Parcel
That portion of the East Half of the Northeast 1/4 of the Southwest 1/4 and the East half
of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 21 North, Range 4
East, W.M., in King County, Washington, described as follows:
Beginning at the Southeast comer of the East Half of the Northeast 1/4 of the
Southwest 1 /4 of said Section 1, and running thence north along the east line of the
East Half of the Northeast 1 /4 of the Southwest 1 /4 of said Section 1; and along the
east line of the East Half of the Southeast 1/4 of the Northwest 1/4 of section 1 a
distance of 2609 feet more or less to the Northeast comer of the East Half of the
Southeast 1/4 of the Northwest 1/4 of said Section 1; thence westerly along the north
line of said East Half of the Southeast 1/4 of the Northwest 1/4 of Section 1, a distance
of 84.5 feet; thence South 0° 7' West 2609 feet more or less to the South line of the
East Half of Northeast 1/4 of the Southwest 1/4 of said Section 1; thence easterly along
the said South line 94.8 feet to the point of beginning.
n
Culvert, Drainage and Road Easement and Agreement
PSP&UCity of Auburn
EXHIBIT 'A' (Continued)
Parcel D
Tracts 3, 4, 5 and 6, Block 2, Christopher Garden Tracts, according to plat recorded in
volume 23 of Plats, page 6, in King County, Washington, EXCEPT that portion
conveyed to the State of Washington for Highway purposes by Deed recorded under
Recording No. 7102090117.
Lots 9, 10, 11 and 12, Block 2, Christophees Garden Tracts, according to plat recorded
in Volume 23 of Plats, page 6, in King County, Washington;
EXCEPT that portion of Lot 12, if any, lying within abandoned right-of-way of Puget
Sound Electric Railway;
EXCEPT that portion of Lot 9, condemned by the State of Washington for Highway
purposes in King County Superior Court Cause No. 718254;
EXCEPT those portions thereof conveyed to the City of Tacoma by Deeds recorded
under Auditor's File No. 7404290136 and 7608020217.
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291. S7. RAISE
Culvert, Drainage, and Road Easement and Agreement
PSP&UCity of Auburn
Easement "A"
The North 15 feet of the south 45 feet of the East 94.8 feet of the Northeast 1/4 of the
Southwest 1/4 of Section 1; Township 21 North, Range 4 East, W.M., in King County,
Washington;
Easement "B"
A Right-of-Way 15 feet in width having 7.5 feet of such width on each side of a
centerline described as follows:
That portion of the Southeast 1/4 of the Southwest 1/4 and that portion of the
Southwest 1/4 of the Southeast 1/4, all in Section 1, Township 21 North, Range 4 East,
W.M., in King County, State of Washington; described as follows:
Beginning at the Northeast comer of the Southeast 1/4 of the Southwest 1/4; thence
East along the North line of said subdivision a distance of 30 feet; thence South 50
feet to the True Point of Beginning; thence Northwesterly to a point 28 feet South of the
North line and 94.8 feet West of the East line of said Southeast 1/4 of the Southwest
1/4 of said Section 1; and the terminus of said centerline.
Easement "CO
That portion of the Northeast 1/4 of the Southwest 1/4 of Section 1, Township 21 North,
Range 4 East, W.M., in King County, State of Washington, described as follows:
Beginning at the Southeast comer of the said Northeast 1/4 of the Southwest 1/4 of
said Section 1; thence West along the South line of said Northeast 1/4 of the
Southwest 1/4 of said Section 1; a distance of 94.8 feet and the True Point of
Beginning; thence North 45 feet; thence East 34 feet on a line parallel to the South line
of said Northeast 1/4 of the Southwest 1/4 of said Section 1; thence Southwesterly in a
straight line to the South line of said Northeast quarter of the Southwest 1/4 of said
Section 1 at a point 15 feet East of the True Point of Beginning; thence West along
said South line a distance of 15 feet to the True Point of Beginning.
Initial,
M
Culvert, Drainage and ,Road. Easement and Agreement
PSP&UCiiy of Aubum
Easement "D"
The North 30 feet of the East 94.8 feet of the Southeast 1/4 of the Southwest 1/4, the
North 30 feet of the West 30 feet of the Southwest 1/4 of the Southeast 1/4, and the
South 30 feet of the East 94.8 feet of the Northeast 1/4 of the Southwest 1/4, all in
Section 1, Township 21 North, Range 4 East, W.M., in King County, State of
Washington.
tiaj
as