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HomeMy WebLinkAbout20000714001722 UTILITY EASEMENT 05300054& 1'5-Al-ay • r RECORDING REQUESTED BY AND RETURN ADDRESS: The City of Auburn Attn: Ingrid Gaub 25 West Main Street Auburn, Washington 98001 pAIRST AMERICAN EAS4001722 001 KING COUNTY, UA d N14P'4~ 3.3.// A x.13- A 1sT AM 3-1b 5-z3,,, `3. UTILITY AND MAINTENANCE EASEMENT GRANTOR: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY GRANTEE: THE CITY OF AUBURN ABBREVIATED LEGAL DESCRIPTION: That Portion of Lot 4, Block 9, Town of Slaughter, according to the Plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington and that portion of "B" Street SW, vacated by the City of Auburn Ordinance Numbers 481 and 483 as more fully described on Exhibit "A" attached hereto. CV N O rJ ASSESSOR'S TAX PARCEL NO.: Portion of 781570-0205-08 C=) Ci C, C V41SE TAX NOT REQUIRED Kinp Co. Fooords Division ' puty r ~ 1 ~ ✓ ~I 1, 4` Above this line reserved for recording information UTILITY AND MAINTENANCE EASEMENT Reference # (if applicable): N/A Additional on page: 2 Grantor/Borrower: 1) Sound Transit Additional on page: CV C4 r.. r--- 4, 0 C= N Grantee/Assignee/Benericiary: City of Auburn Legal Description/STR: Additional on page: Assessor's Tax Parcel ID#: State Parcel #1.16540, Assessor's Tax # 781570.0205 The Central Puget Sound Regional Transit Authority (Grantor), a Regional Transit Authority organized under the laws of the State of Washington, does hereby grant and convey to the City of Auburn, a municipal corporation of King County, Washington, (Grantee) a utility and maintenance easement over and across, upon and underneath, for the following described land: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF LABELED: UTILITY AND MAINTENANCE EASEMENT DESCRIPTION. This easement is given under threat of and in lieu of Eminent Domain Said Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said easement for the purpose of constructing, maintaining, operating roadway improvements, right of way access and installation and maintenance of all existing and future public and private utility improvements, whether above or below surface grade level without incurring any legal obligation or liability thereof; provided that such construction shall be accomplished in such a manner that private improvements shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced by the Grantee, as soon as reasonably possible. Indemnification. Grantee agrees, by its acceptance of this Easement, to indemnify and defend Grantor, any person who from time to time holds a direct or indirect ownership interest in Grantor and any person who from time to time holds a mortgage lien on Grantor's property against any claim or liability that may be asserted against one or more of them arising from or in connection with any use of the Easement Area pursuant to this Easement and all related damages, costs and expenses except to the extent caused by or resulting from Grantor's sole negligence and except, where such claim or liability results from the concurrent negligence of Grantor, its agents or employees and Grantee or assigns, its agents or employees, to the extent of Grantor's negligence. Grantor and Grantee acknowledge that the parties have mutually negotiated these indemnity provisions. Grantee specifically and expressly waives its immunity under industrial insurance Title 51, RCW as to amounts that Grantor may claim pursuant to this paragraph. Said Grantor shall not in any way block, restrict or impede ingress 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 for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements. Grantee shall repair or replace any and all of Grantors improvements damaged by the Grantee within the easement area, as soon as reasonably possible. This Easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of Grantor. Grantee shall not assign easement rights granted herein, without written permission from Grantor. Dated this _L15L day of June, 2000. Central Puget Sound Regional Transit Authority. By: STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Paul Matsuoka (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he/she/they) (is/are) authorized to execute the instrument and acknowledged it as the Deputy Executive Director of The Central Puget Sound Regional Transit Authority, to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. Dated: (DI 15100 o ,0 C~j cl%j c ' ,i ~ r r ,fil C l t k°' WABN~ ca c= C= C=3 CV . CJ 1 Notary P iic in and for the state of ~n My appointment expires: 11-1 -Q3 ± ,fet,~y V y 3 ~.f C1 s ti, ` r~ 1 4 1 I 1- EXHIBIT "A" MAINTENANCE EASEMENT DESCRIPTION 1-]6540 THAT PORTION OF LOT 4, BLOCK 9, TOWN OF SLAUGIiTER, ACCORDING TO THE PLAT THEREOF RECORDED-IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON, AND TWf PORTION OF "B" STREET SW (FORMERLY CALLED RAILROAD STREET), VACATED BY THE CITY OF AUBURN ORDINANCE NUMBERS 481 AND 483, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF BURLINGTON NORTHERN AND SANTA PH RAILWAY COMPAWf' S RIGHT OF WAY AND 'I`UR NORTH MARGIN OF 3kO STREET SOUTHWEST; THENCE NORTH o1011'50" WBST ALONG SAID EAST LINE, 3,69 FEET; THENCE CON'T'INUING ALONG SAID EAST LINE ON A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 813°48'10" EAST, 11409.15 FEET, AN ARC DISTANCE OF 74.31 FEET'TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAIi) EAST LINE ON A CURVS TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 84°I,O'33" EAST, 11409.15 FEET, AN ARC DISTANCE OF 10.15 FEET; THENCE SOUTH 80°48' 05" EAST, 13.52 FEET; THENCE SOUTH 69°19'34" EAST, 48.94 FEET TO THE WEST MARGIN OF "H" STREET SOUTHWEST; THENCE SOUTH 00°56'59" WEST ALONG SAID WEST MARGIN, 10.62 FEET; c., CV P- c r- 0 CJ 0 C'V THENCE NORTH 69°19'34" WEST, 51.52 FEET; THENCE NORTH 80°48'0511 WEST, 10.75 TO THE TRUE POINT OF BEGINNING AND CONTAINING 624 SQUARE FEET. S- 1(--o0 EXHIBIT "A" continued TOWN OF SLAUGHTER CITY OF VOL. 2, PG. 56 AUBURN _ I VACATED I ORD, 981 8, LOT 3 ORD 483 LOT 2 V ls1 1-16540. I I I PROPO SEI) 4" f MAINTENA NCE o EASEM ENT y 4 6 2 S.F. al ' A l0 S 87-;5-3W,5- E .J I LOT 5 ~I I I Cla Ci C=) C"l T r- . rte.. • C=) tom? C= GV DATE 5-10-00 25'1 25" EXISTING R,GV. EXISTING C/L +cr 3RD ST, SW ACAD No. 1-165 EXHIBIT MAP SHOVING PARCEL 1--16540 EASEMENT E A R'T H ,T E C H 10800 " St. 720 S. 333 St. Me.200 70, Flo.+ F.14wal wpy. WA 98003 bdowc. WA ®8004 253 838-6202 025 655-•9444 PROPOSED CITY R.O.W. TAKE I r PR13 PT) SED C/L 50' F- B.N.&S.F. ROU N.7-S. V L) + I