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HomeMy WebLinkAboutItems Submitted at the Meeting s 2010 CQ)MPREHENSIVE PLAN ANIENDMENT DOCIKET . CITY-INITIATED TEXT AMENDMENTS Item ' Page Area to be changed C6ange Reason Pros Cons Comments Reflect-new projects and remove projects that Aubum School haye.been.completed as Incorporate updated well as updated P/T 1 District Capital N/A N/A information information related to None Facilities Plan development activity . and projection of studen levels: , . . Reflect new projects and • remove projects that Kent School . havebeen completed as P/T 2 District Capital N/A N/A Incorporate updated well;as updated None Facilities Plan informarion information related,to , development activity . and projection of student levels. ' Reflect new projects and ~ - . remove projects.that.. Dieringer have been completed as P~, 3. School District N/A N/A Incorporate updated well as updated None Capital information information related to Facilities Plan . development activity and projection of student - levels: Reflect new projects and , remove projects that Federal Way have'been completed as P/,T 4 School District N/A N/A Incorporate updated well.as updated None Capital information ` information related to Facilities Plan , development and _ projection of student PCDC 06.28.10 - Pages: 5 I levels. Suhmitted bv JeffDison 6/28/2010 In Reference to Di,cussion Item V.C. 2010 Aruiuul ~ Arnendment Doc;ket , ~ Item: Page Area to be changed Change Reason ' Pros - Cons Comments . Add'new projects to, tfie ' COA Capital Iricorporate updafed CFRand i~emove ' ' P/T 5 'Various Chapters Miscellaneous amendments None Facilities Plan ` information ' projects thaf:have,been ~ com leted. . • Reflect name change in Strike: "the Puget Sound referenced Dept of Bcology `P/T 6' Page 9-2 Policy EN-2 B'asin": and substitute: Accuracy of reference None "Western Washington" stormwater management docutnent Change: "for residential uses" To be consistent with changes to "rural conservancy". in:this, Consistency with P/T 7 Page 9-3 Policy EN-9 ma`de during the2008 None policy saying where sepric use previous amendment. amendmenf cycle. ay'be, appropriate m Strike: "the Puget Sound Reflect name change in P/T 8 Page 9-4. Policy EN-14 Basin" and subsritute: referencedDept of Ecology . Accuracy of reference None ' "Western Washington" stormwater management document Change: "Federal flood ' P/T 9 Page 9-12 Policy EN-58 insurance program .to . Reflect name change in I ; "National Flood 1nsurance referenced program Accuracy of reference None Pro " Add this new regulated azea Add: "the City of Auburn designation to be consistent Consistency with ~ P/T TO Page 9-13 Policy EN-64 Regulatory Floodplain," with the City's adoption of previous code None Ordinance No. 6295 related amendment. to floodplain management . Add word to reflectname ~ P/T 11 Page 9-21 Policy EN-118 Add: "Stormwater" change in-City's Accuracy of reference None . Comprehensive Stormwater Draina e Plan Appendix B- Reports and Studies ' Add City prepared Add reference to: Greenhouse Reflect prepararion of this Add supporfing P/T 12 Page B-6 document to be Gas Inventory for the City of None incorporated by reference Auburn, July 2010 city document document 'i 6/28/?010 . 2 • ~ . PRIVATELY- INITIATED TEXT AMENDMENTS P/T #1 Item Page ,Area to be changed Change Reason Pros Cons Comments Chapter 2 -:General Planning Approach ~ . Add policy to aclaiowledge contribution by businesses 1 Pag6 2-9 Add new Policy GP-31 Add new Policy GP-31 that provide educational and . lustorical value to existing Goa14; Community Character Chapter 3 - Land Use Add text aclrnowledging Acknowledge additional appropriateness of agricultural 2 Page 3-13 Policy LU-14. agricultural supporting uses uses and retail uses supporting . agricultural uses as appropriate in the RC zone Add text:acknowledging limited commercial activity is Acknowledge limited 3 Page 3-13 Policy LU-15 appropriate when in support of commercial activities that ' agricultural uses and when not support agricultural uses as , adversely impacting appropriate in the RC zone. surrounding residential uses ' Add text specifying that if the majorityof the property is ' agricultural or commercial`then Set,stage for future possibility • 4 Page 3-15 Policy LU-27 ; zoning may be appropriately of rezoning of RG properly to, changed to CN instead of SFR CN . to buffer residential from urban . uses Add text to.recognize Aclaiowledge that agricultural ~ ` agricultural uses as appropriate uses as a primary use 5 Page 3-20 Policy LU-45 as a primary use in t6is:general contributes to neighborhood policy related to neighborhood quality uali . Add new policy to recognize Acknowledge that agricultural agricultural-relafed commercial 6 Page 3-23 Add new Policy LU-56A related commercial is allowed as:appropriate for the CN zonin .district . ~ . in~ GN zone. 6/28/2010 _ 3 . •Ifem Page ' Area to be changed Change Reason . Pros Cons , Comments : _ _ Chapter 5- Capital' Facilities ~ Add'new-policy'to, support low Facilitate,redevelopment of ' ' 7 P e 5-6 Add new olic CF-21A ~tensive redevelopment of ,ag p y properties not served by properries:not:serviced by ' u6lic=water public water Add new policy to support low _ . iritensive redevelopment of Facilitate,redevelopment,of 8 Page 5-8 Add new policy CF-27A properties not served by public properties not served by sewer consistent with.King Co. public sewer. Health Dept. reguirements • _ ~ ~ . _ 6/28/2010 ' 4 , ; . CITY INITIATER : MAP AMENDMENTS - CPM PotentiaC chan e Reason Pros Cons Comments . Revise Comprehensive Plan 1Vlaps to ' To reflect to annexation of Olson Farm Consistency with city \ 1 reflect change in City boun d a ry property per Ordinance No. 6261 in 2009 boundary None 6128/2010 . . • ~ PCDC 06/28/10 Pages: 19 Submitted by Monty Bakken In Reference to Discussion Item III.A. Agenda Mod IV.B. Resolution No. 4612 GRCC 124th Ave. Improvements ; Agenda Subject - Date: Resolution No. 4612 - GRCC 124th Ave Improvements (FAC10-0005) June 28; 2010 Easement re uest b PSE on Parks property Department: Planning & Attachments: Resolution. No. 4612 Budget Impact: N/A Develo ment Admini'st"rative Recommendation: Review and discussion of Ordinance No. 6310 Background Summary: Puget Sound Energy currently distributes electricity within the City of Aubum. As part of the 124t' Avenue Road Improvement Project, Puget Souhd Energy needs to place equipment and transmission lines on property owned by the City of Auburn. This property is the existing park facility at the intersection of 120 Avenue S.E. and S.E. 320t" Street. Puget Sound Energy is requesting the granting of this easement - , befgre it will begi_p its work. Resolution No. 4612 authorizes the gMnting of an easement by the Gity to , Puget Sound Energy. This Resolution will be presented to the Public Works Gommittee for review and discussion and the City Council on July 8, 2010. Reviewed by Council & Committees: Revtewed by Departrnents & Diyisions: • ❑ Arts Commission COUNCIL COMMITfEES: ❑ Building ❑ M&0 ' [I Airport ❑ Finance 0 Cemetery ❑ Mayor ❑ Hearing Examiner [3 Municipal Services ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire 0 Planning ❑ Park Board ❑ Public Works 0 Legal ❑ Police ' [I Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action- Committee Approval: E]Yes ❑No Counal Approval: ❑Yes ❑No Call for Public Hearing Referred to Until. . . Tabled Until Councilmember. Norman Staff: _ FabeNBakken Meetin Date: June 28, 2010 Item Number. June 23, 2010 . Page 1 of 1 RESOLUTIOIV NO: 4612 A RESOLUTION OF THE CITY COUNCIL OF THE . CITY OF AUBURN,. WASHINGTON, AUTHORIZING THE MAYOR AND' CITY CLERK TO GRANT A UTILITY EASEMENT TO PUGET SOUND. ENERGY WHEREAS, Puget Sound Energy currently distributes electricity within the City of Auburn; and WHEREAS, in order to , provide electrical service in the area of 124tn Avenue S.E. and S.E. 320th Stceet, Puget Sound energy needs to place~ equipment and transmission lines on property owried by`the City of Aubum ' , and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to grant a Utility Easement for purposes of transmission, distribution and sale of electricity in substantially #he same form as at Exhibit A to Puget Sound Energy, a Washington Corporation. . Section 2. That the, Mayor is authorized to implement such , administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon: Dated, and Signed this day of , 2010. CITY OF AUBURN Resolution No. 4612 June 28, 2010 • Page 1 of 2 PETER B.-'LEWIS ~ MAYOR ATf EST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~ Daniel B.~Heid, City Afitorney Resolution No. 4612 June 28; 2010 • Page 2 of 2 , . . . . ' RETURN ADDRESS: ' Puget Sound Energy; lnc. Attn: R1W Deparlmerrt (Z'Bergman) PO Box 90868 / E3T-06W ' BelleVue, WA 98009 EASEIIAENT REFERENCE ' GRANTOR: City of Aubum ' GRANTEE: PUGET SOUND ENERGY, INC. SFiORT LEGAL: Ptns of S'/z of SE'/< of SW'/a of Sec. 9, Twn. 27 N.,.Rng. 05E. W., M., KC, WA ASSESSOR'S PROPERTY TAX PARCEL: 092105-9020 Forandin consideration of One Doliar ($1.00) and other valuable consideration in hand paid, CtTY OF AUBURN, a municinal corooration of the State of Washinaton (°Grantor" herein), hereby canveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for:the purposes fiereinafter set.forth, a nonexclu5ive perpetual_,easement over, under, along, across, and through the following described real property ("Property" herein) in Kng County, Washington: SEE:EXHIBIT."A" ATTACHED.HERE70 AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: SEE EXHIBIT "B".ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF AND AS MORE PARTICULARLY DEPICTED ON THE - DRAWING MARKED .EXHIBIT "C" ATTACHED HERETO AND BY TH1S REFERENCE MADE A'PART HEREOF. , 1., Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve; remove, and enlarge one or more utility systems for pu:rposes of transmission, distribution and sale of electricity. Such systems-may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber op4ic cable and other lines, cables and facilities for communications; semi-buried or ground- mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. • Following the initial construction of all or a portion of its systems, Grantee may, ftom time to time, construct such additional facilities as iY may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to-enable Grantee to exercise its rights hereunder. Grantee shaU compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove, and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, bn a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other ' vegetation in the Easement Area. ' 3. Grantor's Use of Easement Anea. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, liowever, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercase of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonmerrt. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of fve (5) successive years, in which event, this easement shall tertninate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or othervvise become the property of Grantor, provided, however, that no a6andonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time ftom the date hereof. 6. Successors arid Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limfing the generality of Sch -?3 - Green River College 101062132/075387 , Page 1 of 7 the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of , 2010. GRANTOR: ' CITY OF AUBURN, a municipal corporation of the State of Washington BY: ITS: STATE OF WASHINGTON) ) ss couN-nr oF ~ On this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared , to me known to be the person(s) who signed as , of CIT1f OF AUBURN, a municipai corporation of the State of Washington, the corporation that executed the within and foregoing insVument, and acknowledged said instrument to be HIS / HER free and volurrtary act and deed and the free and voluntary act and deed of CITY OF AUBURN for the uses and purposes therein mentioned; and on oath stated that HE / SHE was authorized to execute the said instrument on behalf of said CITY OF AUBURN. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: NMmY seal. tmG end ep notellom must nm De placed wptft t' marylns . Sch - 73 - Green River College 101062132 / 075387 Page 2 of 7 - EXHIBIT A • PARCEL DESCRIPTION ' STR: SE1/4-SW1/4-S9-T21N-R5E, W.M. EARCEL 092105-9020-48 (REFERENCE: PACIFTC NORTHWEST TITLE COMPANY StJBDMSION GUAR.ANTEE #110977102/17/10) ' A TRAC°i' OF LAND LOCATED IN fiHE SOUTHEAST QUARTER OF THE SOUTHWBST Qt7KR1'ER OF. ' 3EC'TION 9, TOWNSIiIP 21 1VORTH, RANGE 5 EAST, W. M. IN KING COUNTY 11ND DESCRIBED tlS FOLLOWS;. , THE SOUTH HALF OE THE SOiJTHEAST QUARTER OF THE SOUTFiWEST QUARTER; . . EXCEPT THE SOIJTIi 30 F£ET THEREOF CANVEYED TO:KING COUNTY FOR ROAD (SOUTHEAST 326m STREET) BY DEED RECORDED UNUBR RECORDING NLTMBER 5796415; AND EXCEP'I' TFIE EAST30 FEET TTiEREOF CONVEYED TO KING COUNTY FOR ROAD (124TH A'VENUE SOUTHEAM BY DEED RECORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYIlJG WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SAID SOU'THEAST 324TH STREET AND THE EAST MARGIN OF THE PLAT OF LEA HII..L VILLAGE DMSION NO. 1 RECORDED IN VOLUME 87 OF PLATS ON PAGSS 39 T0.41, IN KING COUNTY, WASHINCxTON; 'IhTGfi NORTH ALONG THE EAST MARGIN OF 122ND AVENUE SOUTBEAST TO THE NOR'THEAST C4RNER OF SAID ADDITION; THENCE NORTH 03001'47' EAST 75 FEET; THBNCE SOU'TFi 88045'00" EA.ST 92 FEET; . THENCE A10RTH Ol ° 10'00" WEST 178,84 FEET; ' TfIENCE NORTH 86044'10" WEST T'O THE SOU'IHEAST CORNER OF LOT 75 OF TH}? LEA HILL VILLAGE'DIVISION 3-A, ACCORDING TO T'HE PLAT RECORDED IN VOLUME:43 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON; ' TBEN'CE NORTHERLY ALONG THE EAST MARGIN OF SAID. LEA HILL VILLAGE DMSION 3-A TO THE NORTH LINE OF SAID SUBDIVISION; . AND EXCF,pT THAT. PORTION COIVVEYED TO KING COUNTY BY DEID RECORDED UNDER RE{;QRDING MJNIBER 7510080361. ~ ~ d ~ W i 1 ' 1 . ~ ! 128134"` St SW Evecett, WA 98204 . , 4251741-3800 . . .~y . Page 1 of 1 HADOG121Cp107W I6 GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Fxlubit A.doc - ~ ]EXMBI'Y' B UTILITY EASEMENT _ . . STR: SEl/4SW1/4S9-T21N-R5E, W.M. . . . . PARCEL 092I05=9020-08 (REFERENCE: PACIFIC NORTHWEST TTTI,E COMPANY SUBDIVISIQN GUARAATTEE #1109771 d2/17/10) , A UTII.ITY EASEMENT OVER, UNDER AND ,A.CROSS A TRACT OF LAND LOCATED IN THE SOITTHEAST QUARTER OF THE SOTJTFiWEST QIJARTER UF SECTION 9, TOWNSHIP Zl NORTH, . RANGE 5 EA:ST, W. M. IN KING OOUNTY AND DESGRIBED AS FOLLOWS; . TFE.SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SO[ITHWEST UAR Q TER; EXCEPT THE SOUTH 30 FEE'i' THEREOF CONVEYED TO KING COUN1'Y' FOR ROAD.(SOtFTHEAST 320m STREE'I) BY DEED ItECC?RDED ZJNDER RECORDING NLJMBER 5796415; ' . . - AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (124TH AVENUE SOUTHEAS1 ) BY DBED REGORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOI:LOWIlJG DESCRIBED LINE: BEGINNING AT THE INTERSECTiON OF THE NORTH MARGIN OF SAID SOUTHEAST 320TH STREET AI+TD THE EAST MARGIN OF THE PLAT OF LEA HIIrL VII,LAGE DIVISION NO. 1 RECORI?ED IN VOLiJME 87 OF PLATS ON PAGES 39 T0 41, IN KING GOUNT'Y, WASHNGTON; TFIENCE.NORTH ALONG THE EAST MARGIN OF 1Z2ND AVENUE SOLTTHMAST TO THE NORTAEAST CORNER QF SAID ADDITIQN; TFENCE NORT'H 03001'47" EAST 75 FEET; THENCE SOUTH 88°45'00" EAST 92 FEET; THENCfi NORTH Ol°IO'00" RFEST 178.84 FEET; THENCE NORTH 86°44' 10" WEST TO THE SOUi'HEAST CORNER OF LOT 75 -OF THE. LEA HILL VILLAGE DIVISION 3-A, ACCORDING TO THE PLAT RECORDED IN VOLLIME 93 OF PLATS, PAGE 74, IN RINQ COUNTY, WASHIlVGTON; . THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VII,LAGE DIVISION 3-A TO THE NORTH LINE QF SAII? SUBDIVISION; AND EXCEPT'THAT PORTiON CONVEYFD TO KING CAUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7310080361:; - ' . SAID IJTILITY EASEMENT MORE PARTICULAItLY DESCRIBED AS FOLLOWS: .(TI-E BEARINGS OE SAID iJTII,ITY EASEMENT DESCRIPTION ARE BASED ON WASHINGTON STATE PLANE NAD-83 CITY OF AUBURN HORIZONTAL DATUM AND DIFFER FROM THE BEARINGS OF THE ' ABOVE DESCRIBED TRACT OF LAND): , Page 1 of 3 ' HADOC121 Cp1471016 GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exblbit B.doc CONIlKENCING AT THE NORTAEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND; , TFIENCE NORTH 88041'03" WEST AIANG THE NORTfi LINE OF SAID TRACT 15.00 FEET TO THE . POINT OF :BEGINNING OF SAID UTII,TTY EASEMENT; T.EIENCE SOLTrH 01009'40" WEST 241.90 FEET TO THE BEGINNING OF AN 1165.00 FOOT RADIUS TANGENT CCJRVE TO TAE LEFT; . THENGE SOUTHEASTBRLY AI.ONG THE ARC OF SAID CURVE TIitOUGH A CENTR,AI, ANGLE OF 02047'56" AN ARC DISTANCE OF 56.91 FEET; THENGE SOUTH 0I038'1E' EAST 168.87 FF,ET.TO THE BEGINNiNG OF AN 1144.00 FOOT RADNS TANGENT CURVE TO THE RIGHT; THENGE SOUTHWESTERLY AI.ONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°4T56" AN ARC DISTANCE'OF 55.88 FEET; THENCE SOIJ'I'Fi 01009'40" WEST 69.85 FEET TO THE BEGINNING. OF A 29.50 FOOT RADNS TANGENf GURVE TO THE RIGHT; THENCE SOUTHWEST'ERLY ALONG THE ARG OF SAID CURVE THItOUGH A CENTRAL ANGLE OF 58608'44" AN ARG DISTANCE OF. 29.94 FEET AND THE BEGINNING OF A 35.00. FOOT RADNS GOMPOiJND CURVE TO TT-E. RIGHT, THE CENTER OF WHICH BEARS NORTH 28°01°46" WEST; • .THBNCB SOUTHWESTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 29006'34" AN ARC DISTANCB OF 17:78 FEET TO THE80LTTH LINE OF SAID TR.ACT; THE1tTCE NORTH 88055' 12" WE3T ALONG SAID SOUTH LINE 18.40 FEET; THENCB N4RTH 73052'08" EAST 21.01 FEET; THENCE NORTH 21013'27" EAST 41.65 FEET; THENCE NORTH 01009'40" EAST 54.01 FEET TO THE BEGIlJNING OF A 1129.00 FOOT RADNS TANGBNT CLJRVE TO THE LEFr; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02004154" AN ARC I?ISTANCE OF 41.02 FEET; THENCI3 NORTH 29036'36" EAST 9.27 FEBT; THENCE NORTH 33049'53" WEST 8.86 FEET; 1HENCE NORTH 01038'16" WEST 70,13 FEET; . -THENCE SOLJTH 88021'44" WEST 15.00 FBET; . TFiENCE NORTH 01°38' 16" WEST 75.00 FEET; THENCENORTH 88021'44" EAST 25A0 FEET; THENCE NORTH 01038'16" WEST 22.44 FEfiT TO THE BEGINNING OF A 1170.00 FOOT RADIUS TANGENT CURVE TO THE RIGIiT; • THENCE NORTHEASTERLY ALONG THE ARC OF SA.ID CURVE THOUGH A CENTRAL ANGLE OF 02047'56" AN ARC DISTANCE OF 57.15 FEET; • . ' THENCE NORTFi 01°09'40" EAST 74.98 FBET; THENCE NORTS 88050'20" WEST 3.00 FEET; THENCE NORTH 01009'40" EAST 143.02 FEBT; Page2of3 . H:~DOC12ICp107CO1b GRCC General ClassroomlSurvey legal descliptions\092105-9020-08 Uti1ity Exhibit B.aoc THENCE AiORTH 88050'20" WEST 20.00 FEET; . TFENCE NORTH 01°09'40" EAST 23.44 FEET TO THE NORTH LTNE OF SAID TRACT; . THENCE SOUTH 88041'03" EST ALONG SAID NORTH.LINE 30.00 FEET TO THE POINT OF BEGINNIlVG AND THE TERMIINUS OF SAID UTILITY EASEMENT. SAID UTILITY EASEIvIENT CONTAINING 8,770 SQ. FEET, OR 0.20 ACRES, MORE OR LESS. ' . 128134`-° SL SW Everett, WA 98204 425/741 380Q - Page 3 of 3 ' . H:\DOC\21 Cp\07\016 GRCC General Classzoom\.Sutvey legal descriptioiis\092105-9020-08 Utility ExFu"tiit B.doc . . EX H I B IT C I I I . PROPOSEO 130. ~ 30. 1 ~ I RIGHT-OF-WAY ~ r ~ ts.oo' S W41 "O.3r E ~ LINE BEARING DISTANC . ~L~'~ L1 N 88'41 03 W 30.00 ~ ~W ~ ' L2 S 01'09 4Q W 23.99 3 0 BEGlNIdING L3 5$8'50 20- E 28.00 1-4_ S 88'50 20- E 5.00 L5 S 01'09 40 W 74.98 . g o I - L 8 - 5 0 1' 3 8 6 E 4 4 r L7 S_ 862 1 4 4 W 2 .0 L8-- S 01'3816 E 75. • ~ I '1 ' L9 _ N 88'21 44 E 15.00 ! . Li 0_ S:01'38 16 E 70.13 PARCEL If I _ L'91 - S33'49 53 E 8.8 0921059020-08 ' L72 S 29' 6 36 -W 9. 7 8th WAY L13 5.01'09 40 W" 54.01 L o f 1,14 S.21'13 27 W 4t:65 L15_ S-73'5208 -W - 21.01 L16 S $8'5512 E:_ 18.40 L17 N 01'09 40 E 69.85 ~ ( L18 S 01'38 16 E 168.87 U 9 N'0'1'09 40 E 41.90 $0 1 I CURVE RAD US LENG'CH DELTA C~•~2~ ~ES: Ci : 1170.00 57.15 2'47 56 ' I . C2 1129.00 41.02 704.54 . . r~ - C3 35.00 17.78 2~Ofi 34 PROPOSED C4 29 4 29.94 58'OS 44_ _ EASEMENT C5 1144A0 55.88 2'47_ 58 C6 - 1165A0 58.91 247 56. C7 35.0037.15 60'48_34 , L$ ~ Wg f ~ CY) L11 Q ° ~ L12~ N . ~G..~~ THIS MAP DOES NOT o~ -V $ REPRESENT A PROPERIY ,a•; SURVEY AND DQES NOT PURPORT TO SHOW ALL 30 ' ~ 30' ~ EASEMENTS OF RECORD. . ~ ~ ~ +SW COR. S.E. _ 320TH ST. ° L-s SEC. 9121 , RG • E S• 88'55' 12° E jSE, W.M. T18134th *a S9M • sa ZQO ftmoo~ SCALE: 1°= 100' DATE: 06-22-10 PIC 425 141 380Q I:\22\2009\020\2920-EAS EX8T6.DWG . RETURN ADDRESS: Puget Sound, Ene.rgy, Inc. , .Attn: R/IN Department (Z Bergman) - PO Box 90868 / EST-06W Bellevue, WA 98009 EASEMENT REFERENCE # GRANTOR: City of Aubum . GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Ptns of S'/z of SE'/. of SW'/4 of Sec. 9, Twn. 21N., Rng. OSE. W.; M., KC, WA ASSESSOR'S PROPERTY TAX PARCELc 092105-9020 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN, a.municinal corooration of the State of.Washinaton _ . - - - - - - ' ("Granto~' herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), foc the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BYTHIS REFERENCE MADE A PART HEREOF. Except as may be othervvise set forth herein Grantee's rights shall be exercised upon that portion of the, Property ("Easement Area" herein) described as follows: SEE EXHIBIT "B"'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF AND AS MORE PARTICULARLY'DEPICTED ON THEDRAWING MARKED'EXHIBIT."C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shalt have the right to use the Easement Area to construct, operate, mairrtain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission; distribution and sale of electricity. Such systems may indude, but are. not limited to: Overhead facilities. Poles, towers and other support structures wi4h crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and fac'ilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances'necessary or convenient to any or all of the foregoing. Fotlowing the in,itiaf construction, of all or a portion of its systems, Grantee max, from time to time, construct such additional facilities as it may require;for.such systems. Grantee shall have the (ght ofacoess to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Prope►ty caused by the exercise of such right of access by Grantee. 2. fasemenf Are.a Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also'have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growfh of brush, trees or other vegetation in the fasement Area. 3. Trees Outside Easement Area. Grantee shall haVe the right to cut, trim, remove and dispose of any trees located on the Property outside the Easement Area that could, in Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grarrtee shall, prior to 4he exercise of such right, identify such trees and. make a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are cut, trimmed, removed or othervvise disposed of in response to emergency conditions). Grantor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of inerchantable timber (if any) cut and. removed ftom the Property by Grantee. `4. Grantor's Use of Easemenf Area. Grantor reserves the right to use the Easement Area for any purpose not. inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain , any 6uiltlings, sttuctures or other objects on the Easement Area' and Grantor shall do no blasting within 300 feet of Grantee's facilities w'ithout Grarrtee's prior wriften consent. 5. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee,, but nothing herein shall require. Grantee to indemnify Grantor for fhat, portion of any such liability attributable to the negligence of Grantor or the negligence of others. _ Sch - 73 - Green River College 101062132/075387 Page 1 of 7 6. Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period: "of five (5) successive y.ears; in which everrt, this easement shalt terminate,and ap rights hePeund_er, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property_ of_Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 7. Successors and Assigns.. Grantee shall have the, right to assign, apportion or otherwise transfer any or all of its rights, benefits, priyileges and interests arising in and under -this easement. VVithout Jimiting the. generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of , 2010. . „ GRANTOR: CITY OF AUBURN, a municipal corporation of the State of Washington BY: ITS: . STATE OF WASHINGTON) ) ss COUNTY OF ) On this day of . 2010, before me, the undersigned, a Notary Public in., and for the State of Washington, duly commissioned and swom, personally appeared - , to me: known to be fhe person(s) who signed as of CITY OF AUBURN, a municipal corporation of the State of Washington; the corporation that executed the Wthin and foregoing instrtiment; and acknowtedged said instrumerrt to be HIS / HER free and voluntary" act and deed and the free and: voluntary act and deed of C11Y' ` OF AUBURN for the uses and purposes therein menfioned; and on oath stated that:HE / SHE was authorized to execute the said instrument on behalf of said CITY OF AUBURN: IN WITNESS WHEREOF I have Fiereunto set my hand and official seal the day and year first abo've written. (Signature of Notary) (Printor stamp name of Notary) . NOTARY. PUBUC in and for the State of Washington;:residing°at ' My Appointment Expires: . Nmery seai, ta,a ana an noWioos must na bo Plecea wAmio r mmains _ . . . , . . Sch - 73 - Green River.College 101062132/075387 Page 2 of 7 EXHIBIT A PARCEL DESCRII'TION ' STR: SEl/4SW114-S9-T21N-R5E, W.M. PARCEL 092105-9020.08 (REFERIINCE: PACIFIC NORTFiVPEST TTTLE COMPANY SUBDMSION GUARANTEE #110977102/17/10) ' A TRACT OF LAND LOCATED IN TBE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER QF SECTiON 9, TOWNSHIl' 21 MORTH, RANGE 5 BAST, W. M. IN KING COUNPY AND DBSGRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCfiPT THE SOUTH , 30 FEET THEREOF CONVEYED TO KING GOUNTY FOR ROAD (SOiTTHEAST 320"' STREET) BY DEED REGORDED LTNDER REGORDTNG NUMBER 5796415; AND EXCEPT THE EAST. 30 FEET TfEREOF CONVEYED TO KIlNG GOUNTY FOR ROAD (124TH AVENUL7 SOUTHEAST) BY DEED RECORDED UNDER RfiGORDIATG NUMBER 5799261; AND EXCEPT THAT ~ PORTION LYIlNG WESTERLY OF THE . FOLLOWING DESCRIBED LINE: BEGINNING AT THE IlyTFRSECPION OF THE NORTH MARGIN OF SAID SOUTHEAST 324TH STREET AND THE EA.ST MARGTN OF THE PLAT OF I:EA HILL VII,I.AGE .DIVISION NO. 1 RECORDED IN VQLUMS 87 OF PLATS ON PAGE,S 39 TO 41, IN KING COUNTY, WASHINGTON; 'IHENCE NORTH ALONG THE EAST MARGIN OF 122ND AVENUE SO[PTHEAST TO THE NORTHEAST . CORNER OF SAID ADDTITON;. . . THENCE NORTH 03 °Ol'4T' EAST 75 FEET; THENCE SOU'TFi 88°45'00" EAST 92 FEET; T . . HENCE NORTH 01010'00" WEST 178,84FEET; . TFIENCfi NORTH 86044'10" WEST TO THE SOLTTfiEAST CORNER OF LOT 75 OE THE LEA- HILL VILLAGE DMSION 3-A, ACGORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLA'I'S, PAGE 74, IN KING COUNTY, WASHINGTON; THENCE NORTHRLY ALONG THfi EAST MARGIN OF SAID LEA HILL VILLAGE DIYISION 3-A TO THE NORTH LINE OF SAID SUBDIVISION; AND EXLEPT THAT PORTION CON'VEYED TO IQNG COUNT'Y BY DEID RECORDED UNDER RECORDING NUMBER 7510080361. - , . - z 0~ ~ oF:w:ult~,~'~'p R3~ ~ .S'w - ~ ~r i • Everett; WA 98204 . 425/741 380a . ' . ~ ' . . . Page 1 of 1 , HAD0C121Cp\07\0I6 GRCC General ClassroomlSurvey legal descriptions\092105-9020-08 Utility Fxhibit A.doc EXHYBIT B UTILITY EASEMENT . STR: SEl/4-SW1/4-S9-T21N-R5E, W.M. . . . . PARC$L 092105-902Q-08 . (REFERENCE: FACIFIC NORTHWEST TTTLE COMPANY SUBDIVISION GUARANTEE #1109771 UZ/17/10) A UTII.TTY EASEMENT OVER, IJNDER AND ACROSS A TRACT OF LAND LOCATED IN THE . . SOUTHEAST QUAR.TER OF THE SOUTHVVEST Qrt7ARTER OF SECTION 9, TOWNSHII' '21 NORTH, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHF.AST QUARTER OF THE SOUlHWEST QUARTER; - - EXCEP'T THE SQITFH 30 FEET TfEEREOF CONVEYED TO KING COUNTY FOR ROAD .(SOLI'fHEAST 320m STREET} BY DEED RECORDED LJNDER RECQRDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING CQUNTY FOR ROAD (12e _ AVENiJE SOUTHEAST)BY DEED RECORDED UNDER RECORDING N[JMBER 5799261; AND EXCEPT THAT -FO^RT'ION . LYING WESTBRLY OF THE FOLLOWII~TG DESCRIBED LINE: - - BEGINNING AT THE IlTTEF2SECTiON OF THE' NORTH MARGIl~1 OF SAID SOUTHEAST 320~ ST&EET _ AND TFIE EAST MARGIN OF THE PLAT OF LEA HII.L VII.LAGE DIVISION NO. 1 RECORDED IN . VOLUME 87 OF PLATS ON PAGES 39 TO 41, IN KING COUNTY, WA3HINGTON; , THENCE NORTH AIANG THB EAST MARGIN OF 122ND AVENUE SO'I' TO THE NORTHEAST , CORNSR OF SAID ADDITION; THENCE NORTH 03001'47" EAST 75 FBET; THENCE SOUTH 88°45'00" EAST:92 FEET; : THENCfiNORTH 010 10'00" VFEST 178.84 FEET; . THENCE NORTH 86°44'10" WSST T'a THE SOUTHEAST CORNER OF LOT 75 -OF THE LEA HII.L VIL,LAGE DIVISION 3. A, ACCORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLATS, P.AGE 74, IN KING COUNTY, WASHIlNGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL- VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAID SUBDMSION; ~ AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY.DEED RECORDED UNDER RECORDING NUlVIBER 7510080361; • . SAII} LITILITY EASEMENT 1VIORR PARTICULARLY DESCRIBED AS F4LLQWS: : . (T'HE BEARINGS OF SAID UTILTT'YY EASEMENT DESCRIPTION ARE BASED ON WASIIINGTON STATE PLANE NAD-83 CITY. OR AUBiJRN HORIZONTAL DATUM AND DIFFER FROM THE BEARINGS OF THE ' ABOVE DESCMED TRACT OF LAND): Page 1 of 3 ' H:\DOC\21CpW71016 GRCC Ceneral Classroom\Survey legal descriptions\092105-9020-08 UtiIity Exhibit B:doc COMMENGIlVG AT THE NORTHEAST CORNER OF TBE ABOVE DESCRIBED TRAGT OF LAND; ' THFNGE NORTH 88041'03" WEST AIANG THE NORTH LINE (3F SAID TRA.CT 15.04 FEET TO THE . POINT OF BEGINNING OF SAID UI7LTTY EASEMENT; THENCB SOUTH 01°09'40" WEST 241.00 FEET TO THE BEGINNING OF AN 1165.04 FOOT RADNS TANGENT CURVE TO THE LEFT; . THENCE SOUTHEASTERLY ALONG THE AR.C OF SAID CURVE THROUGH A C:E'NTRAL ANGLE OF 02047'56" AN ARC DISTANCE OF 56.91 FEET; THENCE S4LTTH 01°38'16" E.A.ST 168.87 FEET.TO TI~ -BEGIlVNING OF AN 1144.00 FOOT RADNS . NGENT CURVE TO THE RIGHT; ~ ~ TA THENCE SOUTHWESTSRLI'. AL(?NG THE ARC OF SAID CURVE TfiROUGH A CENTRAL ANGLE OF 02047'56" AN A:RC DISTANCE OF 55.88 FEET; . - THENCE SOU'Tfi 01°09'40" WEST 69.85 FEET TO THE BEGINNING OF A,29.50 FOOT RADIUS TANGENT . CURVE TO THE RIGHT; THF3NCB SDUTHWESTERLY ALONG THE ARC OF SAID CURV'E THItOUGH A CENTRAL ANGLE OF , 58°08'44" AN ARC DISTANCE OF 29.94 FEET AND THE BEGINNING OF A 35.00 FOOT RADIUS COMPOUND GURVE TO THE RIGHT, THE CENTER OF WHIGH BEARS NOR1Ti 28001'46" WEST; .THBNCE SOUTIiWESTERI:Y ALONG THE ARC OF SAID COIVIPOLJND CURVE THROUGH A CLNTRAL ANGLE OF 29006'34" AN ARG DISTANCE OF 17.78 FEET TO THE SOUTH LINE OF SAID 1TZAC"T; THENCE NORTH 88°55' 12" WEST AI.ONG SAID SOUTH LINE 18.40 FEET; THENCE NORTH 73052'08" EAST 21A1 FEET; THENCB.NORTH 210I3'2T' EAS1' 41.65 FEE'T; 3FlENCE NORTH 01009'40". EAST 54.01 FEET TO THE BEGINNING OF A 1129.00 FOOT RADNS TANGBNT CURVE TO THE LEFI'; . THENCE NORTHWESTERLY ALONG THE ARC OF SAID GURVE THROUGH A CBNTRAL ANGLE OF 02°U4'54" AN ARC DISTANCE OF 41.02 FEET; THENCB NORTH 29°36'36" EAST 9.27 FBET; THENGB NORTH 33049'53" WE3T 8.86 FEET; . THENCE NORT73 0 1038'16" WEST 70,13 FEET; . •THENCE SOUTH 88°21'44" WEST 15.00 FBET; . TTiENCE NORTH 01038'16" WEST 75.00 FfiET; THENCE NORTH 88021'44" EAST 25.00 FEET; THENCE NORTH 01°38'16" WEST 22.44 FEBT TO THE BEGIIqNING OF A 1170.00 FOOT R.ADNS TANGENT CURVE TO THE RIGHT; • THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 02047'56" AN ARC DISTANCE OF 57.15 FEET; , . THENCE NORTH 81°89'40" EAST 7498FfiET; THENCENORTH 88°50'20" WEST 5.00 FEET; THENCE NORTH 41009'40" EAST 143.02 FEET; Page2of3 , , HADOC12ICp1071016 GRCC Gcneral ClassroomlSiirvey legal descrigtions\442105-9024-08 Utility Exlubit B.cioc , • . , THENCE NORTH 88°SQ'20'.' WEST 20.00 FEET; 1'HENGE NORTH 01°09'40" EAST 23.99 FEET TO THE NORTH L,INE OF SAID TRACT; THENCE SOUTH 88041'03" EST AI;ONG S.AID NORTH LIldE 30.00 FEET TO: THE PQINT OF BEGINNING AND TFE TERIVIINI7S OF SAID LJ'I°II.TTY.EASEMENT. . . . . . . . SAID iTTII.TT.Y EASEMENT CONTAINING 8,770 SQ. FEET, OR 0.20 ACRES, MORE OR LESS. . , ~ i~ . ~ ~ : 128130SLSW ' Everett, WA 98204 . LIA~ 425/741-3800 Page 3 of 3 ' . H:1DOC\21 Cp\07\03:6_GRCC General Classraom\Survey legal descriptioasW92105-9020-08 Utiliry Extu'tiit B.doc . • • . . EX H I B 1T C I I I I . PROPOSEO 30 ~ 30 ~ I RIGHT-OF-WAY I r ~ ~ t5.oo' - _f S 88'41'0.'' E - - ~ UNE --BEARING DIS?ANCE . ~L ~'l L1 N 88'4 03 , W_ 30.00 L31 POIPIT OF. . L2 S 01'09 4Q W 23.99 • 3' ~ BOqNIdIN(i L3 S 88'50 2Q E 28.oa L4 S 88'5020 E 5.00 L5 S 01'09 40 W 74.98 L8 S'01'38 1 fi E 22.44 C7 s a s 2~ 44 w 2 .0011 cr, LS S 01'3818 E 75A0 . ~ t m ~ .1 L . L9 N 88'2144 E 15.0{? H' Li 0 S 01'38 16 E 70.13 PARC0. # I_ L'! 1. S 33'49 53 E 8.88 0921059020-08 U12 S 29'36°36W 9.27 318th WAY MAs S= 01'89 ~FO W 54.01 S21'13 27W 41.65 S 73'52 08 . W 2'! $S55 12 E 18.~40 N_10940 E 65.85 SQ 1'38 16 E 168.87 N 01'09 40 E 241.90 CURVE RADIUS LENGTH DELTA r Ci 1170.00 57.15 2'47 56 I C2 1129.00 ` 41.02 2'04 54 " . - C3 35.00 17.78 29 O6 34 - pROppSEp UTILffY--+:_ ~ C4 29.50 29.94 58'08 44 I C5 1144.00 55.88 2"47 58 ~ C6 - 1165.00 56.91 2 4 56 C7 35.00 37.15 60'48 34 w `I W g r J~i Q ~ L11 I • 0 . ~ L12~ Z I i ti ~ I cV . G. y~~ ~ €31 ~ ~ I ~Q`~~ ~a~l TMIs MaP ooES NoT o~ . ~ RERRESENT A PROPERN SUR1/EY AND DOES NOT PURPORT TO SHOW ALL 30' 130' I FASEMENTS OF RECORD. 4 I COR. sECSW. s, n~. S. E. 320TH ST. L16 21 N~ RGE S 88'55'12° E 15E. W.M. lffi 136 Sw SW • Sdb 2Q0 I faffA hm4m 9m scaLE: 1° _100' DATE: 06-22-10 . PlI: 4S 741 -39 I:\22\2009\020\2920-EAS EXBT6.DWG .