HomeMy WebLinkAbout20130124001780 AVIGATION EASE AND RESTRIVTIVE COVENANCT 11/27/2012IST AMO
Rl"CORDING RI OUI?S -H-D BY A\'D
\VHFNI RFCORDIID RLTIJRN TO
C ny of � \churn
Cite Clcrk
)� West Ngain
Auburn. WA 98001
Document Title:
GranIor(s):
Grantee:
Abbreviated Legal Description.
Assessor's Tax Parcel Number(s):
� -?i- S (os�rd
7001]80
164 00
Public Avigation Easement
and Rcstnctive Covenant
Orion Industries Inc
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Tms AV ICATUm EASEMENT ,\,m) RESTRICTIVE. COVENANT is granted by ORION
INDIJSTRIFsS. a nonprofit Washim.;toll corporation (Grantor ') to CITY OF AUBURN a
municipal corporation and noncharter code city with a council -mayor form of government
organized pursuant to RC \\I Title 35A (..Grantee ) (:o'antor and Grantcc arc sometimes
referred to herein individually as a Party and collectively as the -Partics."
AVIGATION EASEMENT AND RESTRICTIVE COVENANT
WHEREAS, Grantor is the owner in fee of that certain parcel of land situated in at
Washington, find more particularly described as follows.
(Insert legal description of property to be covered by casement)
hereinafter called 'Grantors Properr}" as outlined on the attached map (Exhibit A): and
\YIIL;RE: \S Grantec lit- decades has owned. operated. and maintained a public
municipal airport facility known as the Auburn N9unicipal Airport (the "Airport'), which is
situated on property with a street address of 400 23rd St NE Auburn. Washington, which is
in close proximitN to the Grantor s properly; and
Pat-C I
Al 1,,ation [asement
Orion Industries Property
#0000800022 and #0000800026
WHEREAS Grantee desires to preserve for the use and benefit of the public a free
and unobstructed area for aircraft taxiing, landing upon, taking off from, or maneuvering
about the Airport, and
WHERF \S the C ity intends to construct a new taxnyay on the west portion of the
airport and. when such tasrway is constructed. a portion of Grantor's Property will lay
Within the 'I Object Free lira ( 'OI A ') of the taxiway according to the proportions
described in the Federal Aviation \dministration s ('`FAA') Advisory Circular 150/5300-
1 5, "Airport Design and
WHEREAS, once the taxiway is constructed, such portions of Grantor s Property
will be subject to the FAA's prohibition against locating any roads, parked airplanes, and
other above ground objects in the OFA, except for objects that need to be located in the
OFA for air navigation or aircraft ground maneuvering purposes; and
WHEREAS once the taxiway is constructed, such portions of Grantor's Property
Will be subject to the F,\A's maximum grade for the land within the OFA. and
\VIIERIiAS Grantee requires an cascment over a portion of Grantors Property so
that rf Granlec huilds a new taxi\\ay it will comply with FAA regulations regarding both
obstructions located near the taxiway and the slope of the adjacent ground, and Grantor is
willing to grant the same; and
WHEREAS, Grantee requires that Grantor restrict. and Grantor is willing to so
restrict. Grantor's use of it portion of its property and allow the alteration of the property's
slope compatible with Grantee's intent to construct a new taxiway in proximity to
Grantor's property and
NOW. THFREFORI. as partial consideration for the overall real property
transaction of which this ).asemcni and Restrictive Covenant is an element, and in further
consideration of the mutual covcmmts, conditions. restrictions. and agreements hereinafter
set forth, the sufliciency and adequacy of which is hereby acknowledged, Grantor and
Grantee hereby agree as follows.
I. EASEMENT
A. Defined Terms. In addition to the terms defined in the Recitals above, which
Recitals are hereby incorporated as if' fully set forth herein, and in addition to such
other terms as tna\ be defined in the body of this document.
1 The physical portion of Grantor's Property that is legalk described in
Exhibit 13 and shown on Exhibit 13 -1 and the air space above that portion
of Grantor s PropeltN is the Casement \rca.
2. 'I his ' i,ation Fasentent and Resu ictk c Covenant is the "Fasenient."
' 1110511'
Avigation Easement
Orion Industries Properly
0000800122 and 0000800026
3 Purchase and Sale ygrcenunf means that certain purchase and sale
agreement executed by Orion Industries, Inc. and the Cite of Auburn
regarding parcels 0000800022, as authorized by City of Auburn Resolution
no 4878
5 The Auburn Municipal Airport. Parcel 90000800011 is the "Benefitted
Properly," which is legally described in Exhibit 13 -2.
6. "Easement Improvements" are air navigation systems, including below -
ground electrical systems and ground maneuvering signs, installed in the
Easement Area.
13 Grant of Easement Rights. In further consideration for the sale. translcr
conveyance assignment and dclncry of property through the Purchase and 4alc
Agreement. Grantor herebN grants and conve}s, confirms, and re- affirms to
Grantee for the use and benclit of'thc public, the following perpetual non - exclusive
easement rights in the Fascmcnt Arca.
1 A continuing right to have the Easement Area clear and free from anv and
all above ground objects, �Octher on the property or extending into it. including
fences, walls, trees, poles, lights, buildings, vegetation, other than grass, and other
obstructions of any kind or nature, except for objects that need to he located in the
OFA for air navigation or aircraft ground maneuvering purposes;
2. A continuing right, at the Grantee's option, to come upon the Easement
Area and remove to ground level am object or all natural growths which are
located on the Lasement Area. PROVIDLD that nothing in this Section 1 13.2 shall
operate to create an obligation upon Grantee to remove any objects that violate this
Casement
3 Subject to the further terms and conditions of this Easement, a continuing
right to install air navigation systems, including below - ground electrical systems,
and ground maneuvering signs ("Easement Improvements ") to the Easement Area,
and to grade the Easement Area according to the FAA slope requircnunts in
Airport Circular 150 - 5300 -13 for slope ofan OFA.
4 A continuing) right of ingress to, egress from. and passage over the
Basement Area for personnel vehicles, and equipment as reasonably necessary or
incident for the removing of obstructions. conforming the area to IAA regulations
lot an 01 \, and for constructing and mstetllmg Easement Improvements.
C Benefit of Easement. This Casement is appurtenant to and lot the benefit of the
13enelmcd Property as described in Exhibit 11-2, and all other land, real property
or property interests no\x owned or hereafter acquired by Grantee that constitutes a
portion of its municipal airport.
von „:
Avigation f asemcnt
Orion Industries Property
40000800023 and 90000800026
D Notice of Entry Except in cases ol' imminent danger to health. safety or well'are,
or where entry is required to maintain aviation safety. the Grantee shall provide the
Grantor at least 20 days advance written notice ol' its intended ingress to the
easement for installation. construction or maintenance.
G. Easement Improvements. The Parties agree that any Easement Improvements
installed in the Easement Area shall be installed by Grantee and shall be owned by
and belong to Grantee. Grantee shall construct, install and maintain, repair and
replace the casement Improvements at Grantee's sole cost and expense; and such
cost and expense shall never become a lien on or against the Burdened Property or
otherwise become Gra ior's liability or obligation. Grantee covenants to maintain,
repair, and replace the Easement Improvcnmnts so that they remain operational,
clean, and in good condition.
P Notice of Easement Improvements. Grantee agrees to provide Grantor all
construction or installation diagrams, plans and as -built drawings of lighting and
signage Easement Improvements 20 days prior to installation of the improvements
in the Easement Area.
G Grantee's Discretionary Right to Maintain Easement.
Grantor and Grantee agree that keeping the Easement Area clear of objects and
vegetation other than grass is important for the safe and efficient operation of
Grantee's public airport activities. Grantor understands. acknowledges, and
agrees that the Basement Area must be kept clear at all times To that end,
Grantor covenants that Grantee shall have the right, but not the duty to
maintain and clear the Easement Area pursuant to this Section I G
2. If Grantee, in its reasonable discretion, believes that Grantor has not met its
duty to maintain the Lighting Improvements to the standard in Section l.E. then
Grantee may notify Grantor of the work needed and the proposed maintenance
If within seventy -two hours Grantor has not either initiated or completed the
maintenance. then Grantee may undertake such maintenance. PROVIDED that
Grantee shall make a good faith effort to provide Grantor with twenty-four (24)
hours a(h ince written notic� of intent to perform the Work. Such notices may
be by telephone lax, email with confirmation of delivery, or anv means
specified in Section 111 E of this Easement.
If Grantee performs the Work. it shall imoice Grantor for all fees, costs and
expenses associated with the maintenance Grantor shall pay the Work Costs to
Grantee within forty -five (45) days of receipt of Grantee's invoice. Grantee
shall add a late fee of five percent (5 %) to any invoice not paid within sixty
(60) days and may send anv invoice to collections ninety (90) days after receipt.
H. Grantee's Restoration of Easement Area. Whenever Grantee undertakes anv
nuuntcria cL repair, replacement, betterment, of upgrade of any Easement
4 ,,;05112
Avieatim Easement
nrion todustries hoperhv
40000800022 and 900008000?6
Improvements pursuant to Sections 1 G through 1.1 of this Easement, then upon
completion of such wort: Grantee shall remove any debris and restore the
surface of any disturbed portion ot'the Easement Area to a condition reasonably
approximating that which existed at the commencement of such work.
Grantee's Abandonment of Easement.
1 Grantee may at anv time, in its sole and ahsolute discretion, permanently
abandon this Easement or any portion theicol', but only by recording an express
written notice of such abandonment. Mere nonuse or disuse of the EaSClment
Area. the Eascmcnt Improvements. or the rights granted in this Casement shall
not consututc or be deemed to consulate legal abandonment.
2. In addition to recording a notice of abandonment. Grantee may, at its sole and
absolute discretion. execute and record a full or partial reconveyance or release
of this Easement. whereupon this Easement or the relevant portion thereof, and
all related rights, duties and obligations of the Parties thereunder, in whole or in
part, shall automatically terminate. Such reconveyance shall be in the form of a
quitclaim decd unilaterally executed by Grantee
3 If Grantee records a notice of abandonment, it shall remove all Easement
Improvements from the Eascmcnt Area and restore the surlace of the Area to a
condition reasonably approximating that which existed prior to installation of
the improvements and /or disturbance of the Eascmcnt Area.
4 Grantee s actions under this section are not subject to dispute resolution under
Section Ill B
11 RESTRICTIVE COVENANTS
A. Grant of Restrictive Covenant. Grantor for themselves, their heirs.
administrators. executors, successors, and assigns, hereby grant and convey
cortlirm. and re- affirm to Cil llltCC. the Iollo\\mg perpetual restrictive covenants in
Grantoi's Property
1 Grantor covenants that for and during the life of said easement and right -of-
way, they will not erect, permit the erection or growth of', or permit or suffer
to remain upon Grantor's property any building, sI-uclure, tree or other
object, except grass, in the Easement Area or extending into that area.
2. Grantor covenants that it shall use the parcels for no purpose that will
impede, interfere with, obstruct or endanger Grantee's easement rights
under ' \rticle 1 of this Easement.
3 Grantor covenants that such parcels shall not be subdivided, developed,
demolished, redeveloped, reconligured. modified, used, cleared or graded,
or otherwise altered or improved in any manner that would interfere with
5 1 1/05112
Aviflation Easement
Ouun Industries Property
u0000S00022 mid i{0000800020
Grantee's casement rights under Article I of this Easement, or be
inconsistent with the purpose and intent of this Easement
4 Grantor shall not convey fee title to, or any lesser interest or privilege in,
such parcels or any portion of them, except by instrument expressly
rcfacncing this Easement by its title ("Avi-ation Easement and Restrictive
Covenant ") and recotdtng number
13. Run with the band. Grantor agrees that the henefit of these restrictive covenants
runs with the, land and real hroperi\ interests that make up the 13enelitted Propertv
and with Gnintee s estate in the 13enclilted Property Grantor agrees that the
burden of these restrictive covenants runs with the land that make up Grantor's
Property The Parties agree that these restrictive covenants shall be binding upon
and inure to their respective successors and assigns.
C. Touch and Concern. The Parties agree that the benefits of these restrictive
covenants touch and concern Grantee s fee title in the Benefitted Property nt that
the\ increase the value of the land by facilitating and perpetuating the public
aviation regime on the Benelilted Property and ensure Grantee s ability to expand
the 13cne1itted Property for puhlic aviation purposes. The Parties agree that the
burdens of' these restrictive covenants touch and concern Grantor s fce title m
Grantor s Propert m that they limit the uses to which the property may be put and
the acts tliat may be done upon it.
D. Dispute Resolution. Any disputes between the Parties regarding these restrictive
covenants shall be subject to the dispute resolution process set forth in Section
Ill B
E. Equitable Relief. The Parties agree that if dispute resolution is not successful in
resolving a dispute regarding these restrictive covenants. then either Party may seek
am remedy at law or equity, including but not limited to temporarw restraining
orders or other Ibrms of injunctive relief
M. GENERAL'ITRMS AND CONDITIONS
A. Grantor's Use of Property.
Subject to Articles I and 11 of this Easement, Grantor reserves the right to use
Grantor's Property and /or in grant other easement, license or use rights to the
property far any purpose not inconsistent with the rights herein granted to Grantee
and Gr ruce's use of the Benclitted Property for public aviation.
B. Dispute Resolution.
6 llmsriz
Avigation lasmient
Orion Industries Property
40000800022 and #0000800026
Except as otherwise specified in this Easement, and subject to Paragraph 6 of this
Section 111.13, all disputes arising tinder or related to this Easement shall be subject to
the following dispute resolution process.
Grantor and Grantee shall each within ten (10) business days, designate a
senior officer or director to meet to attempt to resolve the dispute
( Management Escalation ") The designated individuals shall meet within
twenty (20) business days after their designation. Any dispute resolved
through the Management f'scalauon process shall be documented by
appropriate written documentation executed by all participating parties.
2. If Management Escalation fails to resolve the dispute, then mediation may
be requested by either Party, and shall be attempted prior to any litigation
arising under or related to this Easement. Within ten (10) days of a
mediation request, each Party shall designate, in writing, not more than
three (3) candidates to act as a non - binding mediator Candidates shall be
proposed from JUdiLial \rhitratioii and Mediation Services (.TAMS) or
Judicial Dispute Resolution (JDR) or their successors, or shall he a neutral
independent and recognized expert in the field in which the dispute arses.
If the Parties cannot agree on one of the mediators from the combined list
within live (5) days of exchanging lists, then the Parties shall promptly meet
and select a mediator b blind draw from a pool consisting of all six
candidates selected by the Parties.
3 Upon selection of the mediator, the Parties shall within thirty (30) days, or
as soon thereafter as practicable, meet and engage in a mediation of the
dispute with the assistance of the mediator Each Party shall be responsible
for its own costs and expenses. including attorneys' fees, incurred pursuant
to this section. Costs of the mediator and other common costs shall he
diN ided equally hctcycen the Parties. The mediator shall determine
rcasonahle procedure:;.
4 'rho Parties agree that i1' they are unable to resolve their dispute through
Management Escalation or mediation, and for all matters not subject to
dispute resolution, King County Superior Court shall have the authority to
decide the dispute. Jurisdiction shall lie with the King County Superior
Court and venue shall be King County Superior Court in Kent, Washington,
unless the King County Superior Court local rules would place venue in
Seattle. Washington. in which case Venue shall be in Seattle, Wash imu toll.
5 The dispute resolution procedures shall not prgludice the Parties legal or
equitahle rights. -At the request of either party the Partin, shall enter into
an agreement to toll the statute of limitations with respect to the subject
matter of a dispute while the Parties pursue the dispute resolution process
7 wo5nz
Avigotim Easement
Orion Industries Propertv
#0000800022 and 90000800026
set tbrth in this Section II1.13 Positions expressed, responses given. and
information submitted in am, dispute resolution process under this Section
111 I3 shall not be admissible as evidence in any subsequent dispute
resolution, litigation, or other legal proceeding.
6 If a Party reasonably determines that circumstances require immediate
action to prevent or mitigate significant damage to or loss of the 13encfitted
Property, the Easement Area, or the Easement Improvements, or that delay
in initiating or prosecuting a claim in litigation would irrevocably prejudice
that Party then after giving the other Party notice ofthe dispute the affected
Party may immediately pursue any remedy available at law or in cquity
without following the dispute resolution procedures in this Section 111.13
C. Insurance,
The Parties shall each maintain commercially reasonable Insurance to
protect their respective interests. This insurance requirement may be met
through a program ol' Self-insurance or participation in a risk - sharing pool
Each Party shall provide written proof of commercially reasonable
insurance upon demand of the other Party These obligations shall survive
the expiration. abandonment or termination of this [asement and the
casement rights and restrictive covenants granted hereunder
D indemnificati
Grantor and Grantee each aerees for itself, its successors, and assigns to
protect, defend; indemnify and hold harmless the other and the other's
appointed and elected officials and employees from and against liability for
all claims, demands, suits. and judgments, including costs of defense
thereof, for injury to persons, death or property damage (collectively,
"Claims ") caused by or arising out of the Grantor's or Grantee's respective
acts or omissions. and those of their respective agents, employees or
contractors within of about the Easement Area or that is otherwise caused
by or arises out ol' their cscrcisc of the rights and privileges respectively
granted by or resencd under this Easement, includi110 without limitation
liahihty from the improvements introduced by Grantee or its agents.
employees or contractors within or about the Lasement Area. The Parties'
obligations under this Section III D shall include
a. Indemnification for such Claims whether or not the\, arise from the
Parties own acts or omissions, the concurrent negligence of both Parties
or a third party, or the acts or omissions of the Parties' own contractors,
subcontractors, or the acts or omissions of one or more third parties
under the direction or control of Grantor or Grantee, respectively
8 11105112
Aeiaation 8asennnt
Oiion Industries Properh
90000800022 and 90000800026
b The duty to promptly accept tender of defense and provide defense to
the indemnified Party at the indemnifying Party's own expense:
c. Indemnification of Claims made by the Parties' own employees or
agents;
d Waiver of' immunity under the industrial insurance provisions of Title
Sl RCW but only to the extent necessary for Grantor and Grantee to
indeninifb each other al,ainst Claims subject to Title 51 RC\V which
weiver has been mutually negotiated by the Parties: and
c Indemnification for Claims that are submitted by the indemnified Partv's
contractor or subcontractors and arise from the indemnifying Parhv's
improvements within or about the basement Area.
2. Notwithstanding Paragraph 1 of this Section III.D Grantee shall have no
obligation under this Section III.D to indemnify and hold harmless Grantor
fol Claims arising from the sole negligence or willful misconduct of
Grantor its oflicials and cmplovees. and Grantor shall have no obligation
under this Section 111 D to indemnify and hold harmless Grantee tor Claims
arising from the sole negligence or willful misconduct of Grantee its
officials and employees.
3 Grantor and Grantee agree that if a court of competent jurisdiction
determines that RCNV 4.2=4 115 applies to this Easement, or to any Claim
arising hereunder, then Grantor and Grantee shall each defend, hold
harmless and indemnify the other to the maximum extent permitted
thereunder, and specitically for their own negligence concurrent with that of
the other Party to the full extent of Grantor s or Grantee's own negligence
4 Grantor and Grantee shall give each other timely written notice of' the
makin.- of any Claim or of the commencement of any such action. suit, or
other proceeding covered by the indemnity in this Section Ill D If any such
Chant arises, then the indemnified Party shall tender the defense thereof to
the indenumitying Party, and the indemnifying Party shall have the duty to
delcnd, settle, or compromise any Claims arising hereunder and the
indemnified Party shall cooperate fully therein. The indemnified Party's
failure to timely notify the indemnifying Party of such a Claim or action.
however, shall not constitute a defense to the indemnity set out in this
Section lit D except to the extent of actual prejudice to the indenunifving
Party
5 ']'he indemnification, protection. defense and save harmless obligations
9 11/OSli2
Avigation Lasenicnt
Orion Industries I'roperry
1,00008WO22 ,uid 0000800026
contained in this Section III D shall survive the expiration, abandonment or
termination of this Easement and the easement rights and restrictive
covenants granted hereunder
E. Notices. Pkcept for Grantee's notice of work under Section I.G.2, any notices
required herein shall be in writing and shall be deemed to have been duly given and
received on the date of personal service or one day after deposit with a reputable
national overnight deliver} service, or two days after deposit with the United States
Postal Service sent b\ rcgistcred or certified maul, return receipt requested, postage
prepaid. Notice may also be provided by cnwil or other mains of' electronic
transmittal, provided that ieceipt of the email or transmittal content can be
confirmed by the sender, with time of receipt being the uniform time the e -mail or
other transmittal enters the information processing system that the recipient has
designated or uses for the purpose of receiving email or other form of transnuttal
In all cases notice shall be sent to the addresses listed below or as hereafter updated
by the parties by written notice as set forth in this Section III.E.
TO GRANTOR:
TO GRANTEE:
Office of the Ma_vor
City of Auburn
2� West Main Street
Auburn, WA 98001
WITH A COPY TO: WITH A COPT' TO:
Auburn City Attorney's Office
C ity of Auburn
25 West Main Street
Auburn, WA 98001
F. Representations. Grantor represents that it is the lawful owner of Grantor's
Property and has the legal authority to grant and convey this Easement to Grantec.
G. Successors and Assigns; Legal Relations.
Grantee may assign its tights under this Lasemew. in whole or in part,
without approval or consent of Grantor Grantor shall not convey or assign
any right, title, interest, or license in Grantor's Property except by
nstrumcm specifically referencing this Easanent by its title and recording
number as required under Section ILA 4
10 1 rocn?
Avigation Easement
Orion Industries Property
90000800022 and 90000800026
2. Nothing in this Eascmcnt shall make, or be decined to make, Grantor and
Cnantec a pmvhcr of one another This Lasement shall not be construed as
creating a partnership or joint venture. Phis Easement shall create no right,
privilege. duty obligation. or cause of action in any person or entity not a
Party to it.
Nothmg contained in this Eascnhent shall diminish or be construed to
diminish the governmental or police powers of Grantee.
Fl. Force Majeure.
1 "Force Majeure Event" means env act or event that prevents a Party from
performing its obligations under this Agreement, if such act or event is
beyond the reasonable control. and not the result of the fault or negligence.
of the all'ected Party and such Part\ is unahle to overcome such act or event
with the exercise of (file diltgcnce (including the expenditure of' reasonable
sumsl Subject to the foregoing detinnion. Force Matcure Event may
include natural phenomena. such as storms, hurricanes. floods, lightning or
carthLluakes; explosions or fires arising from causes unrelated to the acts or
omissions of the Party seeking to be excused from performance; acts of war,
civil unrest, public disorder, sabotage, epidemic, rebellion, riot, or terrorism
or war Force Majeure Events shall not include equipnhent failtncs or acts
or omissions of agents, suppliers, contractors or subcontractors of any tier,
except to the extent that such acts or omissions arise from a Force Majatrc
Fvcnt as defined in this Paragraph 111.11 1
2. I xccl-1t as provided in Patnumph 111 11 1 or otherwise specilically provided
in this Easement neither Park shall be considered in breach of this
Eascmcnt or hable for any delay or failure to comply with this Easement. it'
and to the extent that such (lela\ or failure is attributable to the occurrence
of a Force iMa.jeure Event. Provided. that the Party claiming relief based on
a Force Majeure Event shall
a. Promptly notify the other Party in writing of the existence and nature of
the Force Majeure Event.
b Exercise all reasonable efforts to minimize delay caused b` such Force
Maicure EvcnL
c Notify the other Party in writillL of the cessation of'such Force Majourc
Event. and
d RCStnnC performance of its obligations under this Eascmcnt as soon as
practicable thereafter
I Obligations to pay for services already provided shall not be excused by a
Force Majeure Event.
1 1 I 11 2
Avigahon Easement
Orion Industries Properh
1100008000'_2 and 90000800026
Construction. All of the Recitals set forth above are incorporated into this
Casement as though fully set forth herein. The headings contained in this Easement
arc for convenience oI'rcl'crence pwposes only and shall not in any way affect the
meaning or interpretation hcreol nor serve as evidence of the intention of the
parties hereto Whenever the contest hereof' shall so require the singular shall
include the plural
i Entire Airecrnent, This Easement sets forth the entire agreement of the Parties as
to the subject matter hereof and supersedes all prior discussions and understandings
between them. This Easement may not be modified, except by an instrument in
writing signed by a duly authorized officer or representative of each party hereto
K. Severability, In case any one or more of the provisions contained in this Easement
shall for anv reason be held to be invalid. illegal or uncntorcertblc in anv respect.
such imalidttN illcgalit% or unenforccabihty shall not affect am other provision
hereof' and this Easement shall be construed as it such mmalid. illegal or
uneni'01MIhlc provision had never been contained herein
L Waivers. No waiver of anv right under this Easement shall he el'tective unless
contained in a writing signed by a duly authorirecl otlicer or representative of the
party sought to be charged with the waiver and no waiver of any right arising from
any breach or Ihilure to perform shall be deemed to be a waiver of any future right
or any other right arising under this Easement.
A Governing Law; Venue for Litigation. This Easement shall be governed by and
construed and enforced in accordance with the laws of the State of W ashinaton.
Without rllere'nCe' to Its choice of law rulcs or conflicts ol' la\N pro\tsrons. Thy
Superior Court of King County Washington, shall be the sofe venue for any
litigation hctween the Parlic,� that arises under or relates to this Easement.
TERMS AND CONDI'T'IONS CONTINUE ON FOLLOWING PAGE
12 1 V0912
Avignoon Easement
Orion Industries Property
90000800022 and 90000800026
N Exhibits The following exhibits and record documents arc incorporated by this
reference as if fully set forth herein.
Lxhibit A Legal Description of Grantor's Property
Exhibit 13 Legal Description of Easement Arca
Exhibit 13 -1 Diagram of Lasement Area
Exhibit B -2 Legal Description of Benefitted Property
FXLC11 "fED AND EFFECTIVE as of the date last siened below
FOR GRANT OR:
Orion Industries Inc.
DATE _ t!115e Z
Approved as to Form
By
FOR GRANTEE:
f
Peter Lewis. y[avor
City of Auburn
Approycd as to Form
v
Deputy City Attorney
NO"1'ARV BLOCKS; MTEAR ON POLL,OWING PAGEE,
II M112
Avigation Easement
Orion Industries Property
90000800022 and 90000800026
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before `e)
to me known to be the S <'�-''1 of ORION INDUSTRIES INC., the
Washington non - profit corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of ORION INDUSTRIES
INC., for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to
execute the said instrument.
Dated: \ \./ a jrj/.^.ia
CAMP,
°r0tati
t�ry44 Public
51; 9 \ON S.Yp � iii, Print Name ¢
4 0J.- 1P0',. i
' My commission expires V o5 p Sa Z�? N�
6
p Z
D Bx''\Co
(Use this q r.,, stamp /seal)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Z \'
to me known to be the \ QC of THE CITY OF AUBURN, the
municipal corporation that executed the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of THE CITY OF AUBURN, for the uses
and purposes therein mentioned, and on oath stated that he /she was authorized to execute the said
instrument.
Dated: \N 1 % / a 2� �-)'
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Notary Public
Print Name
My commission expires
14 11127111
EX111BIT A
Legal Dcscrintion olGrantor's Property
THAT PORTION OF THE SOUTH HALF OF .JOSEPH BRANNAN DONATION LAND
CLAIM NO 38, SITUATED IN THE WEST HALF OF SECTION 71 TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M., AND THE EAST HALF OF SECTION 12., TOWNSHIP 21 NORTH,
RANGE 4 LAST, W.M., N THE CITY OF AUBURN, KING COUNTY, WASHINGTON,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT A 3 INCH DIAMETER 131ZASS DISK IN CONCRETE.., IN CASE,
MARKING THE CENTERLINE RIGI IT OF WAY OF 15TH STREET N E. WITH THE
CENTERLINE RIGHT-OF-WAY OF'D' STREET ME, AS SHOWN ON RECORD OF
SURVEY RECORDING NUMBER 7701 179008, RECORDS OF SAID COUNTY, FROM
WHICH, A 3 INCH DIAMETER 13RASS DISK IN CONCRETE, IN CASE, MARKING THE
CENTERLINE RIGI -II -OF -WAY OF SAID 15TI -I STREET N.E. WITH THE CENTERLINE
RIGHT -OF -WAY OF'A' STREET N L'., BEARS NORTH 89 30'04" WEST, 980.32 FEET,
THENCE ALONG THE CENTERLINE OF SAID 'D' STREET N.E., NORTH 00 41'08" EAST,
360.38 FEET TO A 1 -1/2 INCH DIAMETER BRASS SURFACE MONUMENT THENCE
CONTINUING ALONG SAID CENTER -LN'E NORTH 00 41'08" EAST, 130 42 FEET -1.0
THE SOUTH LNE OF AUBURN MUNICIPAL AIRPORT AS SHOWN ON SAID SURVEY,
THENCE ALONG SAID SOUTH LINE NORTH 89 04'44" WEST, 691 73 FEET TO THE
SOUTHWEST CORNER OF SAID AI RPORT PROPERTY AND THE TRUE POINT OF
BEGINNING; THENCE ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF
SAID AIRPORT PROPERTY SOUTH 00 39' 48" WEST, 143.93 FEET, THENCE SOUTH 89
30'49" EAST 40.36 FELT THENCE SOUTH 00 30'04" WEST, 170 04 FEET, THENCE
NORTH 89 42'06" WEST, 299 66 FI3ET TO THE EAST MARGIN OF 'A' STREET N.E.,
THENCE ALONG SAID MARGIN NORTH 00 39'20" EAST, 614.85 FEET TO THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS SHOWN ON SAID
RECORD OF SURVEY, THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH
89 30'04" EAST, 258.89 FEET TO THE WEST LINE OF SAID AIRPORT PROPERTY,
THENCE ALONG SAID WEST LINE SOUTH 000 39'48" WEST 299 84 FEET TO THE
TRUE POINT OF BEGINNING
COrb136VED I ITH
LOT A OF CITY OF AUBURN SHORT PLAT NO 005 -90 AS RECORDED UNDER KING
COUNTY RECORDING NO 9007091058, RECORDS OF KING COUNTY, STATE OF
WASHINGTON, SAID SHORT PLAT BENG DESCRIBED AS FOLLOWS
THAT PORTION OF TFIE SOUTH HALF OF THE JOSEPH BRANNAN DONATION LAND
CLAIM NUMBER 38, SITUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AND THE EAST
HALF OF SEC,rtON 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M., IN KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS
11/26/12
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST MARGIN OF "B"
STREET NORTHWEST WITH THE NORTH LINE OF SAID SOUTH HALF OF SAID
DONATION LAND CLAIM, THEN SOUTH 89 06' 01" EAST, ALONG SAID NORTH LINE
A DISTANCE OF 1,090 76 FEET, TO A POINT 1,510 00 FEET WEST OF THE EAST LINE
OF SAID DONATION LAND CLAIM, THENCE SOUII -I 00 42'32" WEST, PARALLEL-,
WITH SAID EAST LINE, A DISTANCE OF 329 70 FEET TO THE NORTH LINE OF A
PARCEL BELONGING TO TI -IL "ML-'TRO PARK AND RIDE", TI -1ENCL NORTH 89 29'03"
WEST, ALONG SAID NORTH LINE. A DISTANCE OF 258.55 FEET TO A POINT OF
INTERSECTION WITH THE NORTHERLY PIZO.IECTION OF THE EAT MARGIN OF "A"
STREET NORTHEAST, THENCE SOUTH 00 40' 40" WEST ALONG SAID PROJECTION,
A DISTANCE OF 268.43 FEET TO SAID MARGIN; THENCE NORTHWESTERLY ALONG
SAID EAST MARGIN OF "A" STREET NORTHEAST AND CHANGING INTO THE
NORTHERLY MARGIN OF 16TI -I STREET NORTI [WEST, ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 330 04 FEET, A CENTRAL ANGLE OF 89 45'30", AND ARC
LENGTH OF 517 03 FEET AND CHORD WHICH BEARS NORTH 44 12' 02" WEST, 465 77
FEET THENCE NORTI -I 89 04 50" WEST ALONG SAID NORTHERLY MARGIN OF
16TH STREET NORTHWEST, A DISTANCE OF 476.63 FEET, THENCE NORTH 44 11'08"
WEST A DISTANCE OF 38.13 FEET, TO TI -Ili EAST \MARGIN OF SAID "B" STREET
NORTHWEST, THENCE NORTH 00 42' 35" EAST ALONG SAID EAST MARGIN, A
DISTANCE OF 244 01 FEET TO THE; TRUE POINT OF BEGINNING
11126/12
Exhibit B
Legal Description
A portion of the West Half of Section 7, Township 21 North, Range 5 East, Willamette
Meridian, lying within the Joseph Brannan Donation Land Claim Number 38 in the City of
Auburn, King County, Washington, said portion being described as follows:
Beginning at the northeast corner of Lot A of City of Auburn Short Plat SPL0005 -90 recorded
under recording number 9007091058, records of King County, Washington;
Thence'South 00 °39'48" West along the east line of said Lot A and its southerly extension a
distance of 773.0 feet;
Thence North 89120'l 2" West a distance of 26.6 feet to a line parallel with said east line of said
Lot A, said parallel line representing the Taxiway Object Free Area located 265 feet west of the
runway centerline as identified on Staking Exhibit Map for Auburn Airport prepared by Reid
Middleton & Associates file number 222012.002 in drawing dated January 26, 2012 and shown
on ALTA/ACSM Land Title Survey prepared by Parametrix for Latitude Development LLC, Job
number 247 - 7075 -001 dated July 9, 2012;
Thence North 00 °39'48" East along said parallel line a distance of 773 1 feet to the north line of
said Lot A,
Thence South 89 °07'28" East along the north line of said Lot A a distance of 26.6 feet to the
point of beginning.
The basis of bearings for this description is NAD83 -91 Washington North Zone as indicated in
the ALTA/ACSM survey prepared by Parametrix referenced above.
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0aS0RVEY\BLA SPL and PL T Revjemv BLA12.0003 King County Park & Ride \Exhibit B.docx 11 -21 -2012
EXHIRIT t; -1
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Exhibit B -1
EASEMENT AREA DIAGRAM
NORTHEAST CORNER OF
LOT A SP- 0005 -90 Rec.
No. 9007091058
Point of Beginning
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EX 11113 IT 13 -2
Legal Description of'Benelilted Property
THAT PORTION 01 'I" IE J BRANNAN DONATION LAND CLAIM NO 38 IN
SFCFION 7 TOW'NSI -1111 21 NORTH, RANGF 5 EAST, W.M. IN KING COUMA
WASHINGTON DI-SCRIBI -1D AS I OLLOWS
I3FGINNING \T TI IE NOR'I'I- II: -\S "I' CORNER OF T11E .1 13RANNAN DONATION
LAND CI AINI NO 3S
I'I IENCL N0RTI-I 88 °49 52" WE 430 01 1: 1 ] T,
THENCE SOUfl1 11 052 25" \VLSI' 1320 -12 FLI "I' TO THE TRUE: POINT OF
BEGINNING,
THENCE CONTINUING SOUTH 0`52'25" NEST 629 69 FEFT
THENCE NOR TI I SS 053'43" WEST 1080 00 FEET,
THENCE NORTH 0 052'25" LAST 629 69 FELT
THENCE Sol I'I'I 1 88 053'43" FAST 1080 00 FLL'l "TO "TI IL TRUE POINT OF
131:GINNIN(
1110511?
Exhibit G.
Water and Storm Drainage Easement