HomeMy WebLinkAbout9507250750 ACCESS EASEMENT 072595bufn
C~~ of Pa~''mQnt
wp,
AubUfn$
Jill Kurfirst
2062819513 4jW9-•1.t.L P.02
03-3.0 00
TEMPORARY RIGHT OF ENTRY AGREEMENT
JUL 2 01995
KING COUNTY
RECORDER
THE,. QUADRANT CORPORATION, a Washington Corporation
("Owner"), hereby grants permission to the CITY OIL AUBURN, its agents and
contractors, ("City") to enter upon Owner's property in Auburn, Washington
described on Exhibit'A attached hereto and made a part hereof (the
"Property") for the purpose of conducting, at the sole expense of City,
landscaping, installation, and maintenance. Such right shall not be deemed a
possessory right, but shall be merely a non-exclusive right of access to the
Property.
In consideration of permission given the City by Owner as
described above, the City hereby agrees to indemnify and hold harmless
Owner, its affiliated companies, and its officers, directors, shareholders and
agents, from and against any and all claims, loss, costs, suits or damages,
arising out of injuries to or death of any and all persons whomsoever,
including but not limited to, the parties hereto, their agents and employees,
or damage to property to whomsoever belonging, including property owned
G by or in the care, custody, and control of either City or of Owner, in any
Pte,', manner connected with or resulting from, either directly or indirectly, the
Q occupancy and use of Owner's Property by the City, its agents, employees,
contractors and subcontractors and their employees.
N
p City or its contractors shall provide Owner with proof of property
In and casualty insurance with contractual liability endorsement covering the
indemnity set forth in this agreement, as well as worker's compensation
insurance. The limits shall not be Less than $2 million bodily injury and $1
million property damage, and statutory limits for worker's compensation
insurance.
City further agrees to indemnify and defend Owner and its
affiliated companies from and against any mechanics and/or materialmen's
liens for any services or materials furnished to the Property by City's
contractors or subcontractors. In the event any such lien is recorded against
the Property, City agrees to take whatever action is required and necessary to
release and remove such lien within thirty (30) day period, Owner may take
whatever action, in its sole discretion, is necessary or required to release and
remove such lien. Any such action shall be at the sole cost and expense of
city.
As further consideration for the authority to enter onto the
Property, City shall provide Owner with a copy of all plans, contracts and
other written documentation (the "Documentation") prior to entry upon the
w.
rvn '
`4
'
w
a.
:a
C11
W
I
09
C~
0
Jill Kurfirsc
2062919513
Property and after installation of landscaping showing "as-constructed"
landscaping work conducted on the Property by or on behalf of City.
The City agrees to notify owner prior to entry upon the Property
Ind to work with the Owner to limit the locations of entry and area of
disturbance. The City agrees to restore any and all portions of the Property
disturbed as a result of entry and performance of landscape work to the
condition of the Property prior to entry by the City.
The Right of Entry granted herein shall commence on October 1,
1997 or upon Owner's receipt of a Notice to Commence Landscaping Work
with signed contract and plans attached, an executed copy of this Agreement
and proof of required insurance coverage, whichever is later, and shall expire
on December 31, 1999.
IN WITNESS WHEREOF, the parties have executed this
Agreement in. duplicate this 6~day. of 1995.
THE QUADRANT CORPORATION
By:
Name:-
I~ C~c~9 tell--
.-fir G~'dce
Title:
CITY OF AUBURN
By
--aw
Name:_~±~r~?
_bJ
Title: Mayor
Attest:
City Clerk
Udrv to Form:
.6
City Attorney
P.03
Jilt Kurfirst
EXHIBIT A
a
PARC="L L:
20629195173
Those portions of the northwest quarter of Section 24, Township 21
North, Rance 4.Elst, W.y., and the southwest quarter of Section
13, said Tow-nshin and Rance, in King.County, Washington, described
as follows:
Beginning at the northeast corner of Lot 37, Auburn 400 Corporate
Park Division I, according to the plat thereof recorded in
Volume 128 of Platz, paces 97 through 99, inclusive, in King
County, Washington;
thence south 89019152' west 892.09 feet along the north line of
said plat;
thence north 10021140" east 2,059.16 feet to the southerly margin
of S.R.18 (P.S.H. No. 2);
thence north 82°13122" east 506.36 feet along said southerly
margin to the west 1-ine of the east 100 feet of said southwest
quarter of Section 13;
thence south 00031'57" east 671.06 feet along said west line to
the south line of said southwest quarter of Section 13;
thence north 89032044" east. 5.24 feet along said south line to the
westerly margin of the Seattle-Tacoma Interurban Railway
right-of-wav as established by Deed recorded under Recording
Number 213025 and by Condemnation entered September 17, 1901, in
Icing County Superior Court Cause Number 32962;
thence along said westerly margin the following three courses:
thence south 00028130" east 1,201.61 feet to the beginning of a
curve concave to the west having a radius of 5;175.30 feet;
thence southerly 144.52 feet along said curve through a central
angle of 01°36'00° to the beginning of a compound curve concave to
the west having a radius of 2,707.79 feet;
thence southerly 57.88 feet along said curve through a central
angle of 01013129" to the point of beginning;
TOGETHER WITH that portion of Industry Drive Southwest abutting
thereon vacated by City of Auburn Ordinance No. 4668, described as
follows:
thence north 89019'52" east 40.00 feet along said north line to
the easterly margin of said Industry Drive Southwest;
thence south 00014130" east 260.58 feet along said easterly margin
to a point which bears north 89045'30" east from the TRUE POINT of
BEGINNING;
thence south 89045'30" west 40.00 feet to the tRUE POINT OF
BEGINNING;
Commencing at the centerline intersection of said Industry Drive
Southwest and 1Sth Street Southwest;
thence north 00°14130" west 184.63 feet along said centerline of
Industry Drive Southwest to the TRUE POINT OF BEGINNING;
thence north 00014130" west 260:29 feet along said centerline to
the north line of said plat;
(ALSO KNOWN AS Lac L, City of Auburn Lot :.ine Adjustment
No. LLA-0014-94,.recorced under Recording Number 9408101747).
PAR_ p
Lot 37, Auburn 400 Corporate Park Division I, according to the
plat thereof recorded in Volume 128 of Plats, pages 97 through 99,
inclusive, in King County, Washington;
EXCEPT that portion thereof conveyed to the City of Auburn by deed
recorded under Recording Number 9405061415.
P.04