HomeMy WebLinkAbout6696709 AVIGATION EASEMENT 081470i ISO This - I ndefiture it thi Z f
S day 0, t")_ - 19_Z, between STEPHEN-
7. 7 1
.4
�ONE and AGNES LONf,_ his wife, and FRANK X. LOrg and FLORENCE K. LONE, his wife,
hereinafter referred to as "Grantor", and the CITY OF AUBURN. a municipal corporatidl
on
of the State of Washington, hereinafter referred to as "Grantee".
SEC The Grantor, for and in consideration of One and No ON& Hundred Doll-Ars ($I,.00)
21
and other good and valuable consideration, paid by the Grantee to the Grantor, the
receipt and sufficiency of which are hereby acknowledged, does hereby grant to the
Grantee, its successors and assigns, a perpetual and assignable easement over that p I or,
tion of: the following described parcel of land in which' the 'Grantor holds a fee simp I le
b estate, designated as Parcel 1. lying within the Southerly approach area. ashereinaf . t*-
described, of the North -South runway of the Auburn Municipal Airport and -situated in th
City of Auburn, County of King, State of Washin'gton:
PARCEL I
A portion of J. Brannon Donation Land Claim No. 38.situate In Section 7,
Townshi.p,21 North!,;., Range., 5 -East,, W.X King..County ;�4,*sfitftqton,,;ThIS
easement will be 125 feet wide on ea�h side of the centerline at the point
�of beginning and-will,have:a continuous.-OA0 foot,, ot opening -taper
on each side of the centerline. the centerline more. particularly described
as follows:
Beginning at the, Northeast. corner of...J. Brannon- Donatiop-lai&,Claim Nov 38;
thence North 88*49'52" West-430 1�k
_Ql feet; thence South: 00*52'25" West 137
42 feet;�thence North 880531430 West—U" f6et; thence1outh 00*52125"
West 579.69 feet; thence North 88053143" West 300 feet; to the point of
obeginning; thince South 00052125"'West 690.25 feet,more or less to t#Rdnus
of centerline and the South boundary line of J. Brannon Donation Land Claim
No. 38.
That portion of Parcel 1. lying irithim the said Southerly �elear� zone, approach: area.,
is delineated by tht hatchAines on the,Exhibit "A" attached..hereto and made a part
hereof.�:*
The.Grantor'�agrees`that they..,-' their', heirs i, iuttessors- iM-- assigns whall not here-
after erect, or permit the erection or growthrofs any structure, tree, or other object
within that portion of Parcel I lying within the said Southerly clear zone approach
area to a height abo.ve-the�cleA'r zoneLapproath surface:,ftr thtVapproach are*,,, said-'
clear zone approach surface being hereinafter described. -
The Grantor furtheio agrees that the easement and rights: bereby granted to the
Grantee in and over that portion of Parcel I which lies within:the said Southerly clear
zone approach area are for the purpose of ensuring that the said Southerly clear zone
Page One
landing or sjuat-rur-r-ion or nazard to the flight of aircraft'),,
taking(_..f at the said Auburn MunicipAirport; that�thes* rights s
hal
include. but not be limited to the following:
1. The continuing and Perpetual right to cut to ground. I
*Vel and remove trees
bushes. shrubs, or any,other perennial growth or underg
rowth extending into, q
which in the future could infringe upon or e
xtend Into or above, the Southerly
C, clear zone approach surface, hereinafter described.
The right to�remove. raze or destroy those portio . ns of buil . di ngs, oth
er
structures and land infringing upon.or extending into;.said Southerly approach
surface& together with the right to prohibit the future -erection of buildings
or other structures Which would infringe upon or extead
into said surati.
The right to I -mark and fig . ht as obstructions to airnavigation, any and all
Structuresi.trees or -other objects that may at any time
r0ect or extend above
said surface.
4. The. rfght of ingress: to andregress fr�M
and' passade over the land of the
-Grantor within. the Southerly 'clear zone approach area"hereinafter described,
for the above purposes6.� . J.,
.5- For the . use and benefi. t of the.*-publ1d, the right,bf. f.1194t for-tho
passage
of aircraft.in the airspace above the Southerly clear.zone approach surface,
herainafter:describede together with the right . to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter,
used for navigation of or:flight in air, using said airspace or landing ati
taking off from -or op erating on Auburn Municipal Airpost�.
The Southerly clearr zone.approach..'area an . d the Southerly Cie& O-zORO a . POroach surface'
are delineated on Exhibit
A" hereto and are described as follows:
SOUTHERLY CLEAR ZONE APPROACH AMEA
The Southerly clear zone approach area is an area trapezOidal in form lo
cated at the
Ea . sterly end of said North -South runway which area extends out�iirdly 1,000 feet from
a line that IS at right angles to the extended centerline of . said runway and 200 feet
from the Southerly end thereof and which area Is 250 feet wide at its Inner end and
450 feet wide at Its outer end and whose axis coincides with -the extended centerline
Page Two
. . . . . . . . . .
I
described as follows:"
A portion ofc. Brannon Donation Land Claim N( 38 situate In Section 7.
Township 21 North, Range 5 East, W.A., King County, Washington. This
easement will be 125 feet wide on each side of the centerline at the
point of beginning and will have a continuous 0.10 foot Pee foot Opening
taper on each side of the centerline, the centerline more particularly
described as follows:
Beginning at the Northeast corner of J. Brannon Donation,Claim NO. 38;
thence North 88*49'52u West 430.01 feet; thence South 00*52125" West
th
1370.42 feet; thence North 88053143" West 530*.00 feet; thence Sou 00
(3- 52'25" West 579.69 feet; thence florth 83053143" West 300 feet to the
point of beginning; thence South 00*52125" West I-A00-00 feet to terminus
of centerline.
SOUTHERLY CLEAR ZONE APPROACH SURFACE
. t 16.1
The Southerly clear zone approach surface Is a trapezoidal plane with a slope
of 20 to I (o no foot of elevation for each twenty feet of horizontal distance) IoCate�
direct . ly above the Southerly clear zone approach area. hereinabove.described, which
incli I ned plane has an elevation.of 57.9 feet mean sealevel at its inner and
lower edge along line AB, as. shown o, n Exhibit "A", and an el I ovation of �107.9
feet mean sea level at i*ts outer a upper edge along line CD, as shown on said
Exhibit �"A%
and all rights appertaining thereto unto -the
TO HAVE AND TO HOLD said easement
Grantee* its successors and assigns. until said Auburn Municipal Airport shall be
abandone . d and shall cease to be used for public-Airport.purposes.
IT IS UNDERSTOOD AND AGREED that these covenants and 16"greements shall run with
the land and shall be binding upon the heirs, administrators* executors, successors
and assigns of the Grantor, and.that for the purpose of this instrument, that portion
of Parcel I which lies within the Southerly clear zone approach area shall be the.
servient tenement and said Auburn municipal Airport shall be the dominant tenement.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal this AL
day of
Page Three
COUNTY OF KING
On this day personally appeared before me STEPHEN F. LONE and AGNES C. LONE, his
wife, and FRANK X. LONE and FLORENCE K. LONE, his wife, to me known to be the indivi(.
described in and who executed the within and foregoing Instrument, and acknowledged
that they signed the same as their.free and voluntary act and deed, for the uses and
purposes therein mentioned.
nd official seal this JA day of
GIVEN under PW hand a
-for -the State of
MTAW PUBLIO�4n ond
Washington, resMnq at Auburn.
OP
Page Four :� .1 1 . . 11
.. . . ......
CLEAR 'ZOW APPROAtH" AiPEA, , �;` , "'" , "
�- kT SOUT, H
END OF NbRTH-SOUTH RUNqq)',,y. F-()R
P\UBURN MUNIOPAL AIRPORT
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57. MS.
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NOTEcz
5c.t-.LF- HOR. I"= 20e VEP-T. 1 "-'20'
POP-TIOW OF lPARClE%- WITHtQ QLEkV. ZC04S
EXHIBIT A
XUW5T 7,1970
A
. . ..... . . . . . . . . . . . .
. .... ..
CPS CLEAR ZONE (AVIGATION) EASEMENT
This indenture made this day of 19.1)., between STEPHEN F.
7-
LONE and AGNES C. LONE, his wife, and FRANK X. LOt� and FLORENCE K. LONE, his wife,
hereinafter referred to as "Grantor", and the CITY OF AUBURN, a municipal corporation
of the State of Washington, hereinafter referred to as "Grantee".
The Grantor, for and in consideration of One and No ONe Hundred Dollars ($1.00)
and other good and valuable consideration, paid by the Grantee to the Grantor, the
receipt and sufficiency of which are hereby acknowledged, does hereby grant to the
Grantee, its successors and assigns, a perpetual and assignable easement over'that por-
tion of the following described parcel of land in which the Grantor holds a fee simple
estate, designated as Parcel 1, lying within the Southerly approach area, as here inafter
described, of the North -South runway of the Auburn Municipal Airport and situated in the.
City of Auburn,:County of King, State of Washington:.
PARCEL I
A portion of J. Brannon Donation Land Claim No. 38 situate in Section 7,
Township 21 North, Range 5 East, W.M., King County, Washington. This
easement will be 125 feet wide on each side of the centerline at the point
of beginning and will have a continuous 0.10 foot per foot opening -taper
on each side of the centerline, the centerline more particularly described
as follows:
Beginning at the Northeast corner of J. Brannon Donation Land Claim No. 38;
thence North 88049'52" West 430.01 feet; thence South 00052'25" West 1370.
42 feet; thence North 88053'43" West 530.00 feet; thence South 0005225"
West 579.69 feet; thence North 88053'43" West 300 feet; to the point of
beginning; thence,South 00052'2511 West 690.25 feet more or less to terminus
of ceqterline and the South boundary line of J. Brannon Donation Land Claim
No. 38.
That portion of Parcel 1 lying within the said Southerly clear zone approach area,
is delineated by the hatch lines on the Exhibit "A" attached hereto and made a part
hereof.
The Grantor agrees that they, their heirs, successors and assigns shall not here-
after erect, or permit the erection or growth of, any structure, tree, or other object
within that portion of Parcel 1 lying within the said Southerly clear zone approach
area to a height above the clear zone approa ch surface for that approach area, said
clear zone approach surface being hereinafter described.
The Grantor further agrees that the easement and rights hereby granted to the
Grantee in and over that portion of Parcel I which lies within the said Southerly clear
zone approach area are for the purpose of ensurinc.i'that the said Southerly clear zone
I
Page One
9
-77
voL 4 16 PACE
approach area shall remain free and clear of any structure, tree, or other object
which is or would constitute an obstruction or';hazard to the flight of aircraft in
landing or taking off at the said Auburn Municipal Airport; that these rights shall
include, but not be limited to the following:
1. The continuing and perpetual right to cut to ground level and remove trees,
bushes, shrubs, or any:other perennial growth or undergrowth extending into, or
which in the future could infringe upon or extend into or above, the Southerly
clear zone approach surface, hereinafter described.
The right to. remove, raze or destroy those portions of buildings, other
structures and land infringing upon or extending into said Southerly approach
surface, together with the right to prohibit the future erection of buildings
or other structures which would infringe upon or extend into said surface.
3. The ri,-ht to mark and light as obstructions to air navigation, any and all
.7 - -
structures, trees or other objects that may at any -time project or extend above
said surface.
4. The right of ingress to and egress from, and -passage over the land of the
Grantor within the Southerly clear zone approach area, hereinafter described,
for the above purposes.
5. For the use and benefit of the public, the right of flight for the passage
of aircraft in the airspace above the Southerly clear zone approach surface,
hereinafter described, together with the right to cause in said airspace such
noise as� may be inherent in the operation of aircraft, now known or hereafter
used for navigation of or flight in air, using said airspace or landing at,
taking off from or operating on Auburn Municipal Airport.
The Southerly clear zone approach area and the Southerly clear zone approach -surface
are delineated on Exhibit "A" attached hereto and are described as follows:
SOUTHERLY CLEAR ZONE APPROACH AREA
The Southerly clear zone approach area is an area trapezoidal in form. located at the
Easterly end of said North -South runway which area extends outwardly 1,000 feet from
a line that is at right angles to the extended centerline of said runway and 200 feet
from the Southerly end thereof and which area is 250 feet wide*at its inner end and
45U feet wide at its outer end and whose axis coincides with the extended centerline
Page Two
pAo'278,
of said runway. Said Southerly clear zone approach area is nore particularly
described as follows:
A portion of J. Brannon Donation Land Claim No. 38 situate in Section 7,
Township 21 North, Range 5 East, W.M., King County, Washington. This
easement will be 125 feet wide on each side of the centerline at the
point of beginning and will have a continuous 0.10 foot per foot opening
taper on each side of the centerline, the centerline more particularly
described as follows:
Beginning at the Northeast corner of J. Brannon Donation Claim No. 38;
thence North 83049'52" West 430.01 feet; thence South 00*52'25" West
1370.42 feet; thence North 88*53'43" 'West 530.00 feet; thence South 00"
52'25" West 579.69 feet; thence North 80053'43" West 300 feet to the
point of beginning; thence South 00*52'25" West 1,000.00 feet to terminus
of centerline.
SOUTHERLY CLEAR ZONE APPROACH SURFACE
The Southerly clear zone approach surface is a trapezoidal plane with a slope
of.20 to 1 (one foot of elevation for each twenty feet of horizontal distance) located
directly above the Southerly clear zone approach area, hereinabove described, which
inclined plane has an elevation of 57.9 feet nean sea level at its inner and
lower edge along line AB, as shown on Exhibit "A", and an elevation of 107.9
feet taean sea level at its outer and Upper edge along line CD, as shown on said
Exhibit "A".
TO HAVE AND TO HOLD said easement.and all rights appertaining thereto unto the
Grantee, its successors and assigns, until said Auburn Municipal Airport shall be
abandoned and shall cease to be used for public airport.purposes.
.1
IT IS UNDERSTOOD AND AGREED that these covenants*and agreements shall run with
I
the land and shall be binding upon the heirs, administrators, executors, successors
and assigns of the Grantor, and that for the purpose of this instrument, that portion
of Parcel 1 which lies within the Southerly clear zone approach area shall be the
servient tenement and said Auburn Municipal Airport shall be the dominant t6nement.
IN WIT14ESS WHEREOF, the Grantor -has
day of
Page T
VOL- 4 76-PACE279
STATE OF WASHINGTON
) ss.
COUNTY OF KI4G
On this day personally appeared before ine STEPHEN F. LONE and AGNES C. LONE, his
wife, and FRANK X. LONE and FLORENCE K. LONE, his wife, to me known to be the individual
described in and who executed the within and foregoing instrument, and acknowledged
that.they signed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this 19 0 .
day of Ott a
n or the State of
NOTARY PUBLIC-4,n �n
gton,
Washin resiM ng at Auburn.
. W
OF
Page Four
476,PAGE280
u I
CLEkR ZONE APPR.OP\C,,H APEA AT SOU-TH
EWD OF NORTH, -SOUTH RUNWAY FOR
AUBURN , MUNICP\L ARPORT
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P0'R-TIC)t,-) OF 'PkVZr—'Ev-- WIT�AkQ- QLE4:%Z 7-011-4E
APPT-1-0AICH AREA,
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PA c� 76 c4� 9670
4 7
-_CLEAR:ZONEJAVIGATION) EASEMENT'
indkture'_M�de� thisL.,_�4. I -b6twee STEPHEN F.
s0 - e 4 n
Y.,
�and FLORENCE ^K., LONE- -his' i fe",
IONE,And 'AGNES C. LONE, hi� wif e j-.And'. FRANK X LO
_--hereir_iaft6r'_'r6ferred. to As: "Grantor" , and the,CI'TY OF-._AIUBURN',- A- mUnici al -'corporation-
r' ferred to- a's "Gran ee.-.
of the St6te-of Washington' -hereinafter' e t
Tfie.Graftor, for-- and A n, cons.i derati on bf.One. and No ONe, Hundred' Do.1 Tars 1.00)'
and other. good -and,v.aluable consi derati on,' p'ai,d by.the Grantee, to-.the,Grantor,*.the
receipt and -,sufficiency: of which ..are,.- hereby. -�ck`h&ledgqd,,- .0oes hereby'-grant-to,the
-Grantee,-Its-succetsors and, at'sifgns a . pe'r eAsement-over. that por-.;
p6ttial and..assignable.'
.."the Gran r holds a -fee simple,
tioh.of.the fo'lldwi'ng,described pakcdl ..of land in which' to,
e§tate.,d'esign'at*6d As.,.Parcel 1., lyifig- wiih"ih*-'the Southerly -approach area,,'�as hereinaf ter
described, of the-Nbkh-South runw.Ay.bf-the AUbu'rn.',Mu" n,i c-i pal Airport and s'ituated 'i n', the
'City of Auburn', _-'.CountY'_ K-i n Stat6to'. Washihgton,:,,,.
qf,
--PARCEL:l
A po r' t i on" of.d..'Btannon'Donation.Land Claim No 38%,situate in Section-J.
�,-Ra�ge: 5 Easti W�M., Ki g unty,: a 'hington. , Thi'
Township 21 Nort h, Ca, W S S.
-1 b e -s" At -the' ppi nt-
easement wil -be 125 feet Wide n' ' ach, Ide of the centerl i ne
-0J' t,per foot op,
-1 00 eni6g taper
�of beginning.and, wi,ll,:ha.ve a. tonti Auous 0.
on -each . -side of th� -centerlinei, the C'enter.-iin*e'."more''partic-ularly des'cribe'd
A 0
s.f Ilows,:
ge'gi*nni I n the-'Northeas t corner o f `J B, ra' o Donaii
�g at hn n on Lafid Claim No 38
thence North 8&49-'5*�" West' 430.01, feet'-'2thence South 00052!:25" West 1 70
42,feet��thence.North 88*53'43".West 53LOO.-feeti'thence South-00*52'25'!
West-57;.69.'feet; thenc'e, N6rth,.,08!53!,,."4,3" ..West 30 ' 0 fek;,..to the p'oi,nt of
j lWest'.`690., 5. feet -m' re--' r 1 ess,.to" termi n'
eg' p 0 0 us
b nntng; ih'nce '..56610' 0005V25'! 2
of J.','Brannoh'__Donat16n- land Claim
of :-centerl'i ne,-and th& boundary ne
-No. -38.-'
Y1
'That:portio,n-of Parcel 1,1 ng.within;the. safd--�outherly' dear"zone approach'area,
�is de,l,i n�ateo,�,,Py.. -the, hAtch-. .1 1 hes,_ -on -the` Exhi bi t �"A!I attached hercito..a.nd made.a part
..hereof.
The Grantor-'a'rees that they�'.-their-�hei.'rs,..succegsors and assi..ghs shAll not'her'e-
9
after. erect,'-6r- permit- the - -erection or- growth of, any str�kMre,_ tree or other object
within that'.portion,of Parcel-'l .1yingyi'thin the said. -.Southerly clear zone Approach
-zone- c a ea, said -
area to -a height above 'th.e.: dl ear �,su�fade for' that-- ipproa h r'
clear,zone approach s diI ace being,hereinafter-descrjbed�
The Grantor f'urther-,ag-rees. that -the easem6ntr-Ahd:.-'ights' hereby *grante*d- to the
e
Grantee in And'over- that. -portion', of P.Arcel. 1, which 11 ei�- wi thi-n the' said Southerly clear
z . one approach a re a . -'ar' 6--- f o e -th , e purpose of ens'dri ng' th A t,,, th 6 said Southerly"cl e-6 - r zone,
�ill I !<� , =?_7
Page One - .
J
VOL -476---
A PAGE 7,
4,
approach area shall remain free and clear of any structure, tree, or other object
which is or would constitute an obstruction or hazard to the flight of aircraft in
landing or taking off at the said Auburn Municipal Airport; that these rights shall
include, but not be limited to the following:
1. The continuing and perpetual right to cut to ground level and remove trees,
bushes, shrubs, or anyoother perennial growth or undergrowth extending into, or
which in the future could infringe upon or extend into or above, the Southerly
CN clear -zone approach surface, hereinafter described.
C
rl-
2. The right to remove, raze or destroy those portions of buildings, other
structures and land infringing upon or extending into said Southerly approach
surface, together with the right to prohibit the future erection of buildings
or other structures which would infringe upon or extend into said suriface.
3. The right to mark and light as obstructions to air navigation, any and all
structures, trees or other objects that may at any time project or extend above
said surface.
4. The right of ingress to and egress.from, and -passage over the land of the
Grantor within the Southerly clear zone approach area, hereinafter described,
for the above purposes.
5. For the use and benefit of the public, the right of flight for the passage
of aircraft in the airspace above the Southerly clear zone approach surface,
hereinafter described, together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter
used for navigation of or flight in air, using said airspace or landing at,
taking off from or operating on Auburn Municipal Airpott.
The Southerly clear zone approach area and the Southerly clear zone approach surface
are delineated on Exhibit "A" attached hereto and are described as follows:
SOUTHERLY CLEAR ZONE APPROACH AREA
The Southerly clear zone approach area is an area trapez6idal in form located at the
Easterly end*of said North -South runway which area extends outwardly 1,000 feet from
a line that it, at right angles to the extended centerline of said runway and 200 feet
from the Southerly end thereof -'and which area is 250 feet wide at its inner end and
450 feet wide at its -outer end and whose axis coincides with the extended centerline
Page Two
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476 PAQ - J
of said runway. Said Southerly clear zone approach area is more particularly
described as follows:
A portion of J. Brannon Donation Land Claim No. 38 situate in Section 7,
Township 21 North, Range 5 East, W.M., King County, Washington. This
easement will be 125 feet wide on each side of the centerline at the
point of beginning and will have a continuous 0.10 foot per foot opening
taper on each side of the centerline, the centerline more particularly
described as f6llows:
Beginning at the Northeast corner of J. Brannon Donation Claim No. 38;
thence North 88049'52" West 430.01 feet; thence South 00052125" West
1370.42 feet; thence North 88053'43" West 530.00 feet; thence South 000
01% 52'25" West 579.69 feet; thence North 88053'43" West 300 feet to the
point of beginning; thence South 00052'25" West 1,000.00 feet to terminus
of centerline.
SOUTHERLY CLEAR ZONE APPROACH SURFACE
The Southerly clear zone approach surface is a trapezoidal plane with a slope
of 20 to I (one foot of elevation for each twenty feet of horizontal distance) located
directly above the Southerly clear zone approach area, hereinabove described, which
inclined plane has an elevation of 57.9 feet mean sea level at its inner and
lower edge along line AB, as shown on Exhibit "A", and an elevation of 107.9
feet mean sea level at its outer and upper edge along line CD, as shown on said
Exhibit "A".
TO HAVE AND TO HOLD said easement and all rights appertaining thereto unto the
Grantee, its successors and assigns, until said Auburn Municipal Airport shall be
abandoned and shall cease to be used for public-af'rport purposes.
IT IS UNDERSTOOD AND AGREED that these covenants and agreements shall run with
the land and shall be binding upon the heirs, administrators, executors, successors
and assigns of the Grantor, and that for the purpose of this instrument, that portion
of Parcel I which lies within the Southerly clear zone approach area shall be the
servient tenement and said Auburn Municipal Airport shall be the dominant tenement.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal this /J,(—
day of
Page Three
IV
7 4
At
41�
AP�
le 0
,
-44'
-vot 476 PACE-279-
STATE OF WASHINGTON
) ss.
COUNTY OF KING
On this day personally
appeared before me STEPHEN
F. LONE and AGNES.C. LONE', his
wife, and FRANK X. LONE and
FLORENCE K. LONE, his wife,
to me known to be the individui!ls�
described in and who executed
the within and foregoing
instrument, and acknowledged
that they signed the same as
their free and voluntary
act and deed, for -the uses and
purposes therein menti.oned.
GIVEN under my hand and
official seal this
day of _aaf a (Z 19 (3 .
ni
A(a
NOTARY-PUBLff
�nndfor the State of
Washington,
res ng at Auburn.
U �1
OF WAS
Page Four
60A
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CLENR ZONE APPROkCH APEA kT SOU-TH
END OF NORTH -SOUTH RUNWAY FOR
AUBURN MOWC(PAL ARPORT
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PIED FOR RECMD AT REQIJE51 of
UTLE"I"ISURANCE COMPANY
OF WASHINGTON
1109 SECOND AVENUE, SEATTLE, IVASH. 98101
10
CCOIG'99.
MEMORANDUM
LEGAL DEPARTMENT
TO: city clerk
FROM: 3errene
DATE: JANUARY 29, 1996
RE: CLEAR ZONE (AVIGATION) EASEMENT
Attached is the above original recorded document
between Stephen F. Lone, Agnes C. Lone, Frank X. Lone &
Florence K. Lone and the City of Auburn dated August
14, 1970, recorded under King County Recording No.
66967099, for your official files.
This document was located in one of our files.
cc: John Anderson, for your information
I
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Date: August 31, 1995
Resolution No. 2667
Department:
7Easement
Attachments:
—F—Budget
impact:
Public Works
$720.00
Administrative Recommendation:
Introduce and adopt Resolution No. 2667.
Background Summary:
Resolution No. 2667 authorizes the Mayor to execute a public utility easement
between the City
of Auburn Airport Enterprise Fund and the City of Auburn Utility Enterprise Fund for the purpose
of a perpetual nonexclusive easement.
mn5-8 PW/C
A3.13
--'Feviewed by Council Committees & Commissions:
Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES:
Airport
M&O
Hearing Examin. Finance
Bui (ding
Mayor
Human Resources Municipal Services
Cemetery
Parks
Library Board Planning & CD
Finance
Personnel
Park Board xx Public Works
Fire
Planning
PL:nning Comm.:
Legal
Police
Ot er - /
I Library
xx Public Wor s
Approved V Call for Hearing
Referred to
Unti L
Committee�—Approval Yes No
Tabled
Until
Councilmember: Wagner Staff: Currie
Meeting Date: 9/5/95 Item Number: VII.B.2 Page: 1
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Copy
RESOLUTION NO. 2 6 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PUBLIC UTILITY
EASEMENT BETWEEN THE CITY OF AUBURN AIRPORT ENTERPRISE FUND
AND THE CITY OF AUBURN UTILITY ENTERPRISE FUND FOR THE PURPOSE
OF A PERPETUAL NONEXCLUSIVE EASEMENT.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
Section 1. The Mayor of the City of Auburn is herewith
authorized to execute a Public Utility Easement between the
City of Auburn Airport Enterprise Fund and the City of Auburn
Utility Enterprise Fund for the purpose of a perpetual
nonexclusive easement. A copy of said Agreement is attached
hereto and denominated Exhibit "All and incorporated 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 5th day of September, 1995.
--------------------------------
Resolution No. 2667
August 23, 1995
Page I
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
� �K
ichael J. Reynolds,
City Attorney
----------------------------
Resolution No. 2667
August 23, 1995
Page 2
AFIT
,R-J�ECORDING, RETURN TO:
„_ 6 & 7
NW 7-21-05
City of Aubarn
25 West Main Street
Auburn., WA 980014998
ATTN: City Clerk
PUBLIC UTILITY EASEMENT
For and in consideration of the sum of seven hundred twenty dollars and no cents ($720.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor
herein, Grantor, City of Auburn, a municipal corporation (Airport Enterprise Fund) of the State of Washington,
hereby conveys and warrants to the City of Auburn, a municipal corporation (Utility Enterprise Fund) of the
State of Washington, Grantee herein, its successors and assigns, a perpetual nonexclusive easement under, over,
through and across the following described real property for the purpose of laying, maintaining, and installing
public utilities and appurtenances thereof, said real property being described as follows:
The North 15 feet of the following described property:
Beginning at the Northwest comer of Lot 25 of Mardel Addition Division No. 2, as per plat recorded in
volume 79 of plats, on page 1, records of King County, Washington,
Thence South 00"59'00” East, a distance of 720.76 feet;
Thence South 89'01'36" West, a distance of 30 feet;
Thence North 00"59'00" West, a distance of 720.76 feet;
Thence North 89'01'36" East, a distance of 30 feet to the point of beginning.
Situate in the City of Auburn, containing 450 square feet of land more or less.
Said Grantee shall have the absolute fight, at times as may be necessary, for immediate entry upon said
Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above
improvements without incurring any legal obligation or liability therefore.
Said Grantor shall have the right to surface improvements and usage, so long as said use does not interfere with
the Grantee's rights, and so long as there is no construction of a structure, building, or other similar facility
having a foundation or not being easily removed. Aircraft tiedowns having anchoring devices embedded into the
earth are specifically permitted as an acceptable improvement by Grantor. Should Grantee disturb or destroy
Grantor's surface improvements, such improvements shall be restored or replaced to an equal to or better than
condition as they were immediately before the property was entered upon by the Grantee.
Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or
in any way block, restrict or impede full use of the real property within the above -described Easement by said
Grantee for the above -described purposes. Said Grantor may fence across said Easement and/or along the
boundaries of said Easement provided that a gate is constructed in' said fence. Said gate shall be of sufficient
length and location to allow the Grantee full use of, and access and egress to and from the real property within
the above -described Easement. If said gate is to be locked, keys shall be provided to the Grantee.
Said Grantor shall coordinate all work within said real property with the airport manager, and, if need be, also
with the Federal Aviation Administration, to insure that safety of airport operations is maintained. Any such
work may be limited by the airport manager to hours where potential conflicts of operations can be minimized.
Resolution No. 2667 Page I of 2
Exhibit "A"
This Easement shall be a covenant running with the above -described real property and burden said real estate,
and shall be binding on the successors, heirs and assigns of all parties hereto.
IN WITNESS WHEREOF, said Grantor corporation has caused this instrument to be executed by its property
officers and its corporate seal to be hereunto affixed this day of 1 19
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
GRANTOR
M
Mayor, City of Auburn
BY
Director, Planruing Department
ROVEDj1kS TO FORM:
micnaei o. xeynoias,
Auburn City Attorney
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 and
. to me known to be the and the
respectively, of __' the corporation that executed the ,krithin and foregoing instrument
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT
MY COMMISSION EXPIRES
REF. H:\PROJ\PR557-2\E95-600
Resolution No. 2667 Page 2 of 2
Exhibit "A"
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CITY OF AUBURN
AGENDA BELL APPROVAL FORM
Agenda Subject: Date: August 31, 1995
Resolution No. 2668
Department:
7Easement
Attachments:
Budget Impact:
Public Works
$4,866.00
Administrative Recommendation:
Introduce and adopt Resolution No. 2668.
Background Summary:
Resolution No. 2668 authorizes the Mayor to execute a public utility easement
between the City
of Auburn Airport Enterprise Fund and the City of Auburn Utility Enterprise Fund for the purpose
of a perpetual nonexclusive easement.
�9" D W/C
A3.13.2
_--Revi—ewed 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 PLanning & CD
Finance
PersonneL
Park Board xx PubLic Works
Fire
Ptanning
PLanning Coffin.:
LegaL
PoLice
Other ->
Library
xx PubLic Works
Approved CaLL for Hearing
Referred to
unti L
Committee�—Approval Yes No
TabLed
UntiL
Councilmember: Wagner Staff: Currie
Meeting Date: 9/5/95 Item Number: VII.B.3 Page: 1
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RESOLUTION NO. 2 6 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PUBLIC UTILITY
EASEMENT BETWEEN THE CITY OF AUBURN AIRPORT ENTERPRISE FUND
AND THE CITY OF AUBURN UTILITY ENTERPRISE FUND FOR THE PURPOSE
OF A PERPETUAL NONEXCLUSIVE EASEMENT.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
,Section 1. The Mayor of the City of Auburn is herewith
authorized to execute a Public Utility Easement between the
City of Auburn Airport Enterprise Fund and the City of Auburn
Utility Enterprise Fund for the purpose of a perpetual
nonexclusive easement. A copy of said Agreement is attached
hereto and denominated Exhibit "All and incorporated 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 5th day of September, 1995.
------------------------------
Resolution No. 2668
August 23, 1995
Page 1
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 2668
August 23, 1995
Page 2
AFTER RECORDING, RETURN TO: NW 7-21-05
City of Auburn
25 West Main Street
Auburn, WA 980014998
ATTN: City Clerk
PUBLIC UTILITY EASEMENT
For and in consideration of the sum of four thousand eight hundred sixty-six dollars and no cents
($4,866.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for
benefits to be derived by the Grantor herein, Grantor, City of Auburn, a municipal corporation (Airport
Enterprise Fund), of the State of Washington, hereby conveys and warrants to the City of Auburn, a
municipal corporation (Utility Enterprise Fund) of the State of Washington, Grantee herein, its successors
and assigns, a perpetual nonexclusive easement under, over, through and across the following described
real property for the purpose of laying, maintaining, and installing public utilities and appurtenances
thereof, said real property being described as follows:
The North 15 feet of the following described property:
Lots 22 through 27, inclusive, of Mardel Addition Division No. 2, as per plat recorded in volume
79 of Plats, on page 1, records of King County, Washington, except the South 84 feet of Lots 22
and 27;
Less existing public utility easements.
Situate in the City of Auburn, containing 4,139 square feet of land more or less.
Said Grantee shall have the absolute right, at times as may be necessary, for inunediate entry upon said
Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above
improvements without incurring any legal obligation or liability therefore.
Said Grantor shall have the right to surface improvements and usage, so long as said use does not interfere
with the Grantee's rights, and so long as there is no construction of a structure, building, or other sin-diar
facility having a foundation or not being easily removed. Aircraft tiedowns having anchoring devices
embedded into the earth are specifically permitted as an acceptable improvement by Grantor. Should
Grantee disturb or destroy Grantor's surface improvements, such improvements shall be restored or
replaced to an equal to or better than condition as they were immediately before the property was entered
upon by the Grantee.
Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement,
and/or in any way block, restrict or impede full use of the real property within the above -described
Easement by said Grantee for the above -described purposes. Said Grantor may fence across said Easement
and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate
shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from
the real property within the above -described Easement. If said gate is to be locked, keys shall be provided
to the Grantee.
Said Grantor shall coordinate all work within said real property with the airport manager, and if need be,
also with the Federal Aviation Administration, to insure that safety of airport operations is maintained.
Any such work may be limited by the airport manager to hours where potential conflicts of operations can
be mi�zed.
Page I of 2
Resolution No. 2668
Exhibit "A"
This Easement shall be a covenant running with the above -described real property and burden said real
estate, and shall be binding on the successors, heirs and assigns of all parties hereto.
IN WITNESS WHEREOF, said Grantor corporation has caused this instrument to be executed by its
property officers and its corporate seal to be hereunto affixed this _ day of
19
STATE OF WASHINGTON)
)ss
COUNTY OF KING
BY
GRANTOR
Mayor, City of Auburn
Director, Planning Department
OV TO FORM:
Michael J. Reynolds,City Attorney
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
and to me known to be the
and the , respectively, of the corporation that executed
the vAthin and foregoing instrument and deed of said corporation, for the uses and purposes thereu'l
mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed
is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT
MY COMMISSION EXPIRES
REF. H:\PROITR557-1\E95-599
Page 2 of 2
Resolution No. 2668
Exhibit "A"
This-ind4hture. de' this ay of 19_2L, between STEPHEN F.
io LONE and AGNES C. LONE, his wife, an d FRANK X. LO and FLORENCE K. LONE, his wife,
hereinafter referred to as "Grantor", and the CITY OF -AUBURN, a municipal corporation
of the State of Washington, hereinafter referred to as "Grantee".
The Grantor, for and in consideration of One and No ONe Hundred Dollars (M.00)
and other good and valuable consideration, paid by the Grante� to the Grantor, the
receipt and sufficiency of which are hereby acknowledged, does hereby grant to the
Grantee, its successors and assigns, a perpetual and assignab easem*e ver that por-
tion of' the following described parcel of land in which the Griantor olds a fee simple
estate,. designated as Parcel 1, lying within the Southerly approach area, as.herMnaiifter
described, of the North -South runway of the Auiburn Municipal Airport and-tituated in the* -
City of Auburn, County of King, State of Washington:
PARCEL I
A portion 'of J. Brannon -Donation Land Claim No. 38 situate i'n ect'ion 7,
Townshi.p'21 North�': �Range-,,S, East, -W.M�l, Ki ng�- County as hAont
9
easement will be 125 feet wide on. each side of the,-ceriterline at the point
'of beginning and. will,- have'a continuous..-O00 foot, pir- f6ot*- opening, taper
on each side of the centerline, the cente;line more particularly described
as follows:
Beginning at.the,.-Northeast corner, of...J. Brannon- Do6atioiln Lai&.ClaimNo,.. 38;
thence North 88049'52" West 430.01- feet; thence South 0605�'25" West 1370. %Q)
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42 feet;'thence North 88*53143" West 530M ftet�, thence -South 0005Z25
West 579.69 feet; thence North 88*53'43" West 300 feet; to the point of
.:beginni,ng; thence South 00052'25",West 690.25 feet'.more q'r less to timnus
of centerline and the South boundary line of J. Brannon Donation Land Claim
No. 38.
That gortioh of Parcel I lyi ng .*i thi n':- the sai d Southerly -clear, zone, approi�5#- area,
is delineated by"the hatch-1ines-on the,Exhibit 'A, attache&,hereto and made a part
hereof,�-*
thall not here-",
ThO,'.Grantoragrees'that they, th4i r�'hei rs' iuccessors' gn
after erect, or permi t the erection or growth* 'Of. any,itftcture, tree, or other. object
within that portion of Parcel I lying within the said Southe0y, clear zone' a0proach-_
'to e
area -a height abov �the-cleAlr zone,approach'surface'.f6ir,th*tv'approach a'r*a' said-,
clear zone approach surface being hereinafter dettribeid;
The Granto*�.further` agre6s"that the easement and rights: hereby'granted to the
Grantee in and over that portion of Parcel I which lies within:the'said Southerly clear
zone approach area are for the purpose of ensuring that the said Southerly clear zone
Page One
wnicn is or would constitute an obstruction or hazard to the flight of aircraft in
landing or takingC f at the said Auburn Municipal�irport; that�these rights shall
include, but not be limited to the following:
1. The continuing and perpetual right to cut to groOnd level and remove trees,
bushes. shrubs, or any other perennial growth or undergrowth extending into, or
which in the future could infringe 'upon br extend into or above,-tlie Southerly
clear zone approach surface, hereinafter described.
The right to remov e, raze or destroy those portions of buildings, other
C"
structures and land infringing upon or extending into. -said Southerly approach
surface, together with.the right to prohibit the future,orection of buildings
or othe structures which would infringe upon or extend- into said,surft&.
3. The 'ri'ght to mark and light as obstructions to air'navigatio'n, any and all
structuresi,,- trees or,other dbjects that may at any time Oroje'ct or extend above
said surface.
4. The -right of ingress to and egress f ma and'pAssaje over the land of the
.Grantor within the Southerly clear zone approach area,"'hereinafter described,
for the above purposes�,
5. For the use and benefit of the,publid, the right,of-.flight for -the pas -sage
of aircraft.in the airspace above the Southerly�clear zone approach surface,
herei-nafter'described,,- together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter -
used for navigation of or flight in air, using said airspace or landing at,
taking off from,or operating on Auburn,Municipal Airport�
The,Southerly-clear zone approach-6rea and the Southerly�cleiar,zone aporoach surface
are delineated on Exhibit "A" attached hereto and are described as follows:
SOUTHERLY CLEAR ZONE APPROACH AREA
The Southerly clear zone approach area is an area trapezOidal in form, located at the
Easterly end of said North -South runway which area extends o'utwirdly 1,000 feet from
a line that is at right angles -to the extended centerline of said runway and 200 feet
from the Southerly end thereof and which area is 250 feet wide at Its inner end and
450 feet wide at its outer end and whose axis coincides with the'extended centerline
Page Two
described as follows:'
A portion ofC* Brannon Donation Land Claim NC 38 situate in Section 7,
Township 21 North, Range 5 East, W.M., King C6ufity.'Wash1nqtoh. This
easement will be 125 feet wide on each side of the centerline at the
point of beginning and will have a continuous 0.10 foot per foot opening
taper on each side of the centerline, the centerline more particularly
�described as follows:
CT% Beginning at the Northeast corner of J. Brannon Donation;Cl*aim No-. 38;
thence North 88049'52" West 430.01 feet; thence South 00*52'25" West
1370.42 feet; thence North 88053143" West 530*.00 feet; thence South 000
52'25" West 579.69 feet; thence North 88053'43" West 300 feet to the
point of beginning; thence South 00052'25u.West I-,000.00 feet to terminus
of centerline.
SOUTHERLY CLEAR ZONE APPROACH SURFACE,,
.The Southerly clear zone approach surface Is a trapezoidal plane with a slope
of 20 to I (one foot of elevation for each twenty feet of horizontal distance) located
directly above the Southerly clear zone approach area. hereinabove,described, which
inciined plane.has an elevation of 57.9 feet mean sea level 'at its inner and
lower edge along line AB, as. shown -on Exhi-61t "A", and an elevation of 107.9
u
feet mean sea level at its outer and pper edge along line CD, as shown on said
Exhibit "A".
TO HAVE AND TO HOLD said easement and all rights appertaining thereto unto the
Grantee, its successors and assigns, until said Auburn Municipal Airport,shall be
abandoned and shall cease to be used for pubiic'-ifirport purposes.
IT IS UNDERSTOOD AkID AGREED that these covenants and 6greements shall run with-
the.land and shall be binding upon the heirs, administrators, executors, successors
and assigns of the Grantor, and that for the purpose of this Instrument, that portion
of Parcel I which lies within the Southerly clear zone approach area shall be the
servient tenement and said -Auburn Municipal Airport shall be the dominant tenement.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand ind seal this
day of U4,i_ , 19-7
T
k
Page Three
ss.
COUNTY OF KING
On this day personally appeared before me STEPHEN F. LONE and AGNES C. LONE, his
wife, and FMK X. LONE and FLORENCE K. LONE, his wife, to me known to be the individL
described in and who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of 19
NOTTA Y PUBLIC,4_n Ond for the State of
Washington, resNng at Auburn.
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CLENR 'ZO kPPR(ACH A.PEA
, �- N .
END OF N�RTH-S(DUTH RUNWNY FOR
AUBURN MUNIOPAL ARPORT
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