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Home My WebLink About20171005000350 EASEMENT IN GROSS 100517 I NW- \ R - ] k —S `t co 9 Return Address: City of Aurn • City 25 Auburn.wAn9sool i 11111 i�I!I�I11�� 1111I��1111IIiiI ��li�! liliflhI�IIV 20171005000350 ,c) EASEMENT17Rec: $78.00 10/572017 10:22 AM 1 I` �� I KING COUNTY, WA FIRST AMERICAN `I • ;..id documents were filed of Above this line reserved for recording information. record as an accomodation only. EASEMENT IN GROSS Al. nas not been examined as to proper execution oras to its "erect upon title Grantor/Borrower: King County Rural Library District Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Portion of Gov't Lot 5, Sec. 19, Twn 21, Range 5. Assessor's Tax Parcel ID#: 1921059222 and 1921059237 WHEREAS, Grantor, King County Rural Library District, doing business as the King County Library System ("KCLS"), is the owner of that certain real property situated in the City of Auburn, King County, Washington, legally described on Exhibit A-I attached hereto (the "Grantor Property"). WHEREAS, the City and KCLS, entered into an agreement on September 15, 2016 for • the construction of the H Street SE Extension Project ("Extension Project Agreement"); and WHEREAS, The Extension Project reconfigured the existing parking lot, among other improvements to the property, to add an additional sixteen (16) parking stalls; and WHEREAS, The KCLS agreed, as part of the Extension Project Agreement, to grant a non-exclusive parking easement for the use by the City of up to eight (8) parking stalls that the City may assign to others as it deems appropriate and/or necessary; and WHEREAS, the parking easement grant is limited, by the Extension Project Agreement, to parking stalls at a mutually acceptable location and hour; and WHEREAS, KCLS is willing to grant the Parking Easement to City of Auburn on the terms and conditions set forth below. NOW THEREFORE, The GRANTOR, KING COUNTY RURAL LIBRARY DISTRICT, for and in consideration of the promises made in the Extension Project Agreement, EXCISE TAX OT R •UIRED King • . ,- or.,;. •"- By f v t r. t .r&eputy Ar Kt.. conveys to the CITY OF AUBURN, WASHINGTON a perpetual exclusive easement in gross for the parking of eight (8) vehicles over, on, and across the below described King County real estate, the Burdened Property, on Monday through Friday, between the hours of 8:00 am and 10:00 pm: BURDENED PROPERTY: That portion of King County tax parcels 1921059222 and 1921059237 shown on the attached Exhibit A, which exhibit is incorporated into this agreement by reference. I. BENEFITED PARTIES. The Party benefited by this Easement in Gross shall he -the City Of Auburn, Washington. 2. MAINTENANCE OF THE PARKING STALLS. The Grantor shall maintain the eight (8) parking stalls, including repair of damage or graffiti, and necessary re-stripping but it shall be the City's obligation to keep the stalls free of garbage and debris and mark the stalls as "reserved" by signing or pavement marking as the City deems appropriate. 3. LIMITATION OF LIABILITY. While the City's employees', agents' or assignees' vehicles are parked in the eight stalls, the Grantor shall hold no liability for damage to or loss of the vehicles or possessions within the vehicles, whether such damage or loss is caused by other vehicle(s), or person(s) on the burdened or KCLS' adjacent property. 4. INDEMNIFICATION Grantor and Grantee agree to mutually indemnify, defend, and hold the other harmless from any liability arising out of or incident to this agreement but only to the extent the party is legally responsible under the law. 5. COVENANTS RUNNING WITH THE LAND/ASSIGNMENT. The parties hereto acknowledge and agree that the easements and other rights conferred hereby arc intended to, and do, constitute covenants that run with the land of the Burdened Property and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. Without limiting the foregoing, Grantor acknowledges that Grantee's rights hereunder are assignable; that Grantee may enter into agreements to sell or may otherwise transfer some or all of its rights herein, and that Grantor hereby consents to Grantee assigning its rights and interests in the Easement in Gross and delegation of all of Grantee's obligations created under this Agreement. Dated this \J.1% day of x-3.0 PJ c. , 2017. King County Rural L''racy District , Name: St'epMen A. Its: /nter;v, e-lbr. .y bireofor STATE OF L4S4111/4tUT"'u) ) ss COUNTY OF f-CrntL� ) I certify I know or have satisfactory evidence thatSTTPriE A' S'^"' '-t-f- is the person who appeared before me, and acknowledged that he/she signed this instrument and on oath stated ,T.rr, ta that he/she was authorized to execute the instrument as ther ,1 eraiZ of the King County Rural Library District, and acknowledged it to be that party's free and voluntary act for the uses and purposes mentioned in the instrument. Dated --it-JNE ) 2, 2077 o `.. PF0iIA B.c i,..! `V t Notary Public in and for the State ofiNLnt 7:'a HiTAiV �N: :g - Residing at L n<wise., t-t c pubo- ryo• ° : My appointment expires a�Q z. 't za t 7 i `5'..•'WARY 21 ' C9 r sI I I ;3 H STREET SE4111\ LEGEND 0 / KCLS MAINTENANCE Bailin MOM RESPONSIBILITY PER I ` RESISTING AGREEMENT" Erg: CITY MAINTENANCE RESPONSIBILITY PER ittiti _ "EXISTING AGREEMENT" Riiilt R RESERVED at • WHITE RIVER VALLEY MUSEUM ggifi AUBURN YOUTH RESOURCES ''r AAAAAA r i a . itival i,1 ��. \\ RRRIRRRRRIb_i� I k comp N \+\ -, , _____ I mole. - i \ testis:4: _1 _„;VAVA\ \ n _ r > 7 �:, I _jr_ I ---I—\ \ / # ,` I KING COUNTY LIBRARY NN / \\, \ 4:iii:X ,, I °oq \ \ A V \ _ 2 \ \ \\y\ \` ✓ -- u r \ \ \ \ r - '. c : u7. f I \ A v Vv\ v N /•/ i \\ \ \ P, \ \ \ \i CITY OF AUBURN CITY OF .� * AUBURN TEEN AND COMMUNITY CENTER �. vi�� v■:, EXHIBIT A (H STREET SE EXTENSION) WASHINGTON NOTTTTOO SCALE ' EXHIBIT A-1 Legal Description That portion of Government Lot 5 in Section 19, Township 21 North, Range 5 East, Willamette Meridian, in King County, Washington, described as follows: Beginning at the Southeast corner of said Government Lot 5; Running thence North 0°24'46" East along the East line of Said Government Lot 5 a distance of 307.05 feet to the Northeasterly boundary of State Highway No. 5 and the true point of beginning; Thence continuing North 0°24'46" East 352.15 feet; Thence South 89°26'16" West 327.52 feet to the said Northeasterly boundary of State Highway No. 5; Thence South 43°03'14" East along said highway boundary 477.49 feet to the true point of beginning; EXCEPT the Northerly 52 feet of even width; and EXCEPT any portion of the above-described tract which may lie within the following described property: From a stone monument which is the Southeast corner of Government Lot 5, Section 19, Township 21 North, Range 5 East, Willamette Meridian; Running thence North 0°24'46" East along the East line of Government Lot 5 a distance of 307.05 feet to the Northeast boundary of State Highway No. 5; Thence continuing North 0°24'46" East 352.15 feet; Thence South 89°26'16"West 327.52 feet to the said Northeast boundary of State Highway No. 5 and the true point of beginning of the excepted tract; Thence Southeasterly along the Southwest line thereof 60 feet; Thence Easterly on a line parallel to the North boundary of said tract to the Easterly boundary line; Thence North along the Easterly boundary line to the Northeast corner of said tract; Thence Westerly along the North boundary of said tract to the true point of beginning; and EXCEPT that portion thereof conveyed to the City of Auburn by deed recorded under recording number 20001116001264.