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HomeMy WebLinkAbout7203080338 DEPARTMENT OF THE AIR FORCE ROAD EASEMENT-.DEPARTMENT OF THE AIR FORCE EASEMENT` FOR RO`'AD OR STREET. No. DACA67`=2-72-478 ON - - ---.RQE1R !-A1M T,RH -RASHMCTQN '.conferred upon him by law co THE SECRETARY OF THE AIR 'FORCE,,under and`bywirtue. of the authorityA=tv&iucM=x C`') ixMft having found that the granting of this easement will (c cc) not. be against the,-.public interest, hereby grants to . the City of Auburn, a municipal ' O corporation, organized and..existing,under the,laws of the State of Washington, i N hereinafter designated as the. grantee, easement for a right-of =way for a road or street over, _:and upon:lands of. -the.United-Statesat the location shown in red on Exhibit across, .in , attachedher..eto`and-made a part:hereof-;-and more pqrticulai-ly-de.seribed,na3(gkaxw~ in attached tea subject'tos.the followingeonditions:., THIS EASEMENT is gran T. The construction; use, and maintenance of said road or street; including, culverts and other draincige. fcicilitzes; shall be `.performed without.-post or expense to theUnte Stat undert a en- s Govern- p e/khmi o - P r Ai th th v l o u o a n c o e e r ffice of a of e nd subject to the appro pervasx n e e ts r . ffi o cer 2:. The.,, grantee shall at>; all times . maintain acid road or street, in good condition and shall promptly make all..-repairs: thereto..needed to, preserve a smooth-surface highway. . 3.Any property' of-Me United .States damaged or-destroyed by the grantee incident to the f~ use and .:occupation of the;said, premises -shall be, promptly repaired or replaced by the grantee to C") the satisfaction of.•the said`.officer, or inaie c,of such repair `or replacement the grantee. shall, _if so required by said officer, pay to the. United States money in an amount sufficient to compensate for the loss`,sustdined. by. the. United: States by reason of, damages to. or, destruction of Government .property. 4 The use and occupation of said -lands of the. United States for the purposes authorized by this -instrument -shall be 'subject to such rules and regulations as the said officer may prescribe from time to time in order to properly: protect the. interests of the' United States. 5.: The'United States."shall in no°_case'be liable. for-, ny damages or.i,Aluries to the said road or street-which maybe caused.by or result-from any"operations undertaken by the Government, and no claim or right to compensation, shalVac,crue'from, such damages•,or injuries. ENO FOR', , I NOV 56".547a PREVIOUS EDITIONS ARE OBSOLETE (EM-QUS-1-840 6.' !the United States reserves the =right to make. such connections between the road or street herein • authorized `and roads` and streets un said lands as the said, officer ;may from time to time con- sider necessary, and also reserves to itself rights-of-way for all. purposes across, over, and/or under the right-of-way hereby granted; provided, however, that such rights shall be used in a manner that will not. create :unnecessary interference, with the use and,, eni" ment by the grantee of said right- of-way-, for. highwaij.!p trposes C 7. It is to be understood that this instrument is effective only insofar as the rights of the United C'7 O States in the property over which the said road or street is to be extended are concerned; and that CO the grantee shall obtain such permission:as.mdy.be:.necessary on account of any other existing rights. CD CD 8. All or,any art o such right-of-way-herein granted may be erminated by the Secretary of CIJ the.Asr.Force/fS f tt r,~ ~ ~ pl~#iux~t~! t ~ h~' Ai~s.0 1 o °b'f Y''Arg ,Vowty, nonuse fora tworyear "period or abandonment of-rights, granted: herein 9: It is inderstood that the provisions of Conditions Nos. 1 and 5; supra, shall not abrogate or interfere : with :any agreements, or•commitments 'made or entered into between the grantee and any other agency of the United States with regard..to financial did,to'the grantee in 'connection with - the•construetion,,maintenance or. repctir~of the road or, street=described herein: '10: *The United. States shall not be responsible. for damages,to:.property or injuries to, persons, . which.;may.arisefrom or. be, incident to. the use and occupation of the said premises,•nor for damages to the property of the grantee, or for injuries to the person of the grantee (if an individual), nor for damages to the, property or injuries to.,'the person, of .the.grantee's;•officers, agents, servants, or employees, or others who may be on said premises at their invitation or the invitation of any one of them, arising from or incident to governmental *activities, and the grantee shall hold the United States harmless from any and all such claims. 11. The United. States shall not,be.responsible for damages to property or injuries to persons which may arise from, or be incident to the construction, maintenance, and Qise of said road or street. 12. That the Government owned fence shall be.relocated at the expense of the Grantee and under the general supervision: and subject to the approval of the "said officer"'., 13:--That•the reconstruction of the storm sewer outfall facilities shall be properly:,recons.tructed in .the, :present,:location to,accommodate-the needs of.the. Boeing-Auburn installation;under,the general supervision and subject to the approval of."said,:.officer". at, no -.cost to, the Government, ; 14. That the Grantee is required to provide adequate security at all times during the relocation of the existing fence and also during reconstruction of the storm } sewer outfall facilities--at-no-expense""to the Government:- - ' Prior to execution of this easement, the graating clause and Condition Nos. .~1 1 and .8 wererevised9 d andxCoridition Nos 12,,:13 ..and 14 were added. J . 1 ? This.easement'is not subject to Title 10,,-United States Code, SectionQ66f. al stiax IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Air Force this 28th day of .February 19 72 CLAUDE D. ALBRIGHT . ° Chief,' tariagement & Disposal ankh 6 1 2 0 Real Estate, Division l a Seattle District, Corps of Engineers ~r t • . -w I ALGONA ROAD i I N W I M s -CD W 4. )4 O Z I • CIA O o In Q O > I -1 189° 31' 2 8"Vi. ai 638.25 N O NI c>r. W .ce N z cD N Q M O W s H v a z U. 0 0 V I I T.21 N. R.4E. WM. KING COUNTY .WASHINGTON P.O.B. e S 89° 16' 55'~ W 1486.93' ' 2 5 30 48 1872,58 36 31 LAND MANAGEMENT MAP I DEPARTMENT OF THE ARMY OFFICE OF THE SEATTLE DISTRICT ENGINEER NORTH PACIFIC DIVISION REAL ESTATE E AS ENIENT TO CITY OF AUBURN BOEING 'AU@URN MILITARY RESERVATION EXHISIT °A t ter. n¢ ova c s Boeing - Auburn, Washington Easement to City.of Auburn (0.85 ac.+) LEGAL DESCRIPTION A parcel in the East half of,.Section 25, Township 21 North, Range 4 M East, W.M. being a strip of land 25 feet in width lying adjacent to and North- 0 erly of the following described line: O BEGINNING at the intersection of the West right-of-way line of, County "O N = ~ Road-No.-76 oi..,n- -as F.ai-lr a:a -t!•re.nt~e=,- and the Alor- h -rigat-of-way line of Ellingston Road; thence South 89°16 '5-5."-West,-;along-said North right-of-way line, 1,488.93 feet, more or less, to the terminus of this easement. Contains 0.85 of an acre, more- or less'. By: R.R.J. 27 Sep 1971 Ck By: B.E.J. 27 Sep 1971 Proofed By: R.R.J. & R.S.T. MTST: 650 \1M1 4 L.J ~ O. M LA- RECORDED co ..~__.pE . REQUEST OF r, 0 co J 1972 M,; 8 AM 9 46 r'N C) DIRECTOR V4 RECORDS & ELECTIONS O O 1 i LIJ ©r r~CUrI~ at KequSt o1 IM-pq1 ``&/4.9 G ryd'9B FS ~Pf CR03~twY V'`. ` 1 l 9~. As ®i tai r teP+