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HomeMy WebLinkAboutRiverProtectionEasement 20200914001645Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -1 of 16 Record Date:9/14/2020 3:00 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY NATALYA TAYKO, DEPUTY DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C AFTER RECORDING RETURN TO: King County Water and Lands Resources Division Open Space Acquisitions 201 South Jackson Street, Suite 600 Seattle, WA 98104 RIVER PROTECTION EASEMENT Grantor: City of Auburn, a Municipal corporation of the State of Washington Grantee: King County, a political subdivision of the State of Washington Legal Description (abbreviated): Lot 2, City of Auburn LLA -0012, Rec. No. 20051019900001 Assessor's Tax Parcel ID#: portion of 292105-9069 For consideration of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City of Auburn, the GRANTOR, owner in fee of that certain parcel of land (the "Property"), legally described as follows: Lot 2, as shown on City of Auburn Lot Line Adjustment No. LLA -0012, recorded on October 19, 2005, under Recording Number 20051019900001, in King County, Washington. hereby grants to KING COUNTY, a political subdivision of the State of Washington, its successors and assigns, agents and licensees (GRANTEE), a perpetual easement for the purposes of accessing and constructing, inspecting, monitoring, reconstructing, maintaining, repairing, modifying, and removing river bank protection and/or other flood related works, including related staging and installing, inspecting, maintaining and removing all vegetation and any other appurtenances thereto across, in, under, on, over and upon those portions of the above described Property described in Exhibit "A" and further depicted in Exhibit "B" attached hereto ("Easement Area"), as long as no activity by Grantee on the Property is in conflict or interferes with wither Grantor's pedestrian trail or Project CP 1603, as described in the contract documents on file with Grantor. Grantee shall have the right at such time as may be necessary and at the Grantee's sole discretion, to enter upon the Property and to have unimpeded access to, in and through the Property for the purposes accessing the Easement Area and exercising the Grantee's rights as described herein. Grantee acknowledges the location of a pedestrian trail, which is associated with Grantor's Wilderness Game Farm Park, within the Easement Area. Grantee will not construct any flood related Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -2 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C works within the footprint of the pedestrian. trail or otherwise interfere with the use of the trail without the prior written approval of Grantor which Grantor may provide in its sole discretion. Grantee also acknowledges Grantor project CP 1603, the approximate location of which is depicted in Exhibit C, and that construction, maintenance, modifications and alterations for this project may have impacts on the river bank protection and flood related work of the Grantee. Grantor will work with Grantee to minimize and restore impacts to Grantee's river bank protection and flood related work where reasonable, but Grantor reserves the full rights and authority to perform any and all work necessary related to CP 1603. Unless related to project CP 1603 or the pedestrian trail, Grantor agrees not to, without prior approval from Grantee, 1) plant non-native vegetation; 2) remove or otherwise alter any improvements installed by Grantee, including any native vegetation that may be planted and any flood protection works that may be constructed; and 3) undertake any activity or practice that interfere with the efficacy and design of flood protection works or other infrastructure installed by Grantee. Nothing contained herein shall be construed as granting any license, permit or right, otherwise required by law, to Grantor or Grantee with respect to the Property and the Easement Area. For the purposes of this river protection easement, the term "native vegetation" shall mean vegetation comprised of plant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16-750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur at the site. If Grantee disturbs, damages or destroys any portion of the Property or any of the landscaping or improvements located therein during its exercise of its rights or the performance of its obligations under this River Protection Easement, Grantees shall, at their sole cost, promptly restore the same as nearly as possible to the condition it was in immediately before the disturbance, damage or destruction. However, Grantee's restoration obligations set forth in this paragraph shall not apply within the physical footprint of any flood protection works or other improvements installed by Grantee. Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other action related to the above-described exercise of easement rights. This river protection easement and/or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to Grantee by any state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided for by law. Grantor and Grantee shall defend, indemnify and hold the other harmless from and against any claims, suits, causes of action, judgments, damage, loss or liability for injuries to persons or property (excluding consequential damages such as lost profits) (collectively, "Claims") to the extent caused by the Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -3 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C negligent acts or omissions of the Grantor or Grantee, and their respective agents, officers, invitees and employees. Where such Claims result from the concurrent negligence of the parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's negligence. In the event that any of the parties incurs any judgment, award, and/or cost arising therefrom, including attorney -fees, expenses, and costs shall be recoverable from the responsible party to the extent of that party's negligence. Each of the parties agrees that its obligations under this indemnity extend to any claim, demand, cause of action and judgment brought by, or on behalf of, any of its employees or agents. For this purpose, each of the parties, by mutual negotiation, hereby waives, with respect to each of the other party's only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. The scope of the foregoing indenmity does not apply to any acts or omissions related to, or arising from, the improvement, protection, regulation and control for flood prevention and navigation purposes of any river or its tributaries and the beds, banks and waters thereof. Nothing contained in this indemnity shall be construed as waiving any finniunity to liability provided to Grantee by any state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided for by law. The rights, conditions, and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, and successors in interest and assigns of Grantor and Grantee. WITNESSETH that, the parties have hereunto set their hand and seals. DATED this A— day of 2020. GRANTEE: King County, a political subdivision of the State of Washington. DocuSigned by: BY: Drp`a`ruirieTn8t7`oatural Resources & Parks Na Depa josh Baldi Title: WLR Division Director Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -4 of 16 Record Date:9/14/2020 3:00 I'M King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C STATE OF WASHINGTON) ) SS. COUNTY OF KING I certify that I know or have satisfactory evidence that MC LAS is the S person who appeared before me, and said person acknowledged tha —Sji� A -M LAS �, instrument, M_,�_he signed this instrument, on oath stated that L_he is authorized to execute the instrument and acknowledged it as the of 0 be the free and voluntary act of such party for the u s and purposes mentioned t e'instruinent. Dated: Printed name Notary Public in and for the State of Washington Residing at _N�Ouv-n My appointment expires � 4ql I Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -5 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C STATE OF WASHINGTON) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Josh Bal di is the person who appeared before me, and said person acknowledged that _he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the WLR Division Director of the Department of Natural Resources and Parks of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: $/21/2020 JULIE SANDERS Notary Public State of Washington Commission # 192651 Commission Expires 5/30/2021 Electronic official stamp This record was acknowledged before me by means of communication technology E DocuSigned by: �;.c Ss•�•�t 3C1 C6321E8924B0... Julie sanders Printed name Notary Public in and for the State of Washington Residing at Tacoma My appointment expires 5/30/2021 5 Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -6 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C EXHIBIT A Project: 292105-9069 River Rank Protection Easement Tax Parcel No. 292105-9069 Owner: City of Auburn PARCEL DESCRIPTION: Lot 2, as shown on City of Auburn Lot Line Adjustment No. LLA -0012, recorded on October 19, 2005, under Recording Number 20051019900001, in King County, Washington. 30 FOOT RIVER BANK PROTECTION EASEMENT: That portion of Lot 2, City of Auburn Lot Line Adjustment LLA05-0012, Recorded under Recording Number 20051019900001, Recordsof King County, Washington, lying within a strip of land 30.00 feet offset southeasterly of and parallel with the following described northwesterly easement boundary line defined as follows: Commencing at the northwest corner of Government Lot 11, Section 29, Township 21N, Range 5E, WM, from which the west quarter corner of said Section 29 bears S 01019'49" W, a distance of 1327.17 feet, also from which the northwest .corner of said Section 29 bears N 0101931" E, a distance of 1327.01 feet; Thence. S 88°4535" E, a distance of 2613.70 feet along the north line of Government Lots 11, S, and 6 all within said Section 29 to the northeast corner of said Lot 6; Thence ,S 88050'08" E, a distance of 1072.14 feet along the north line of Government Lots 7 and 9 within said Section 29 to a point on the top of the left bank levee of the White River, said point being the True Point ofBeginning of the herein described northwesterly easement boundary Line; Thence southwesterly along said northwesterly easement boundary line through the following described courses: Thence S 619 27'25" W, a distance of 95.73 feet Thence S 59a 51'42" W, a distance of 326.67 feet; Thence S 67° 06'42" W, a distance of 107.89 feet; Thence S 60° 03' 47" W, a distance of 216.95 feet; Thence S 55'43'41" W, a distance of 109.83 feet; Thence S 640 14'55" W, a distance of 106.87 feet; Thence S 590 14'07" W, a distance of 112.00 feet; Thence S 40' 43'25" W, a distance of 57.73 feet; Thence S 590 30'57" W, a distance of 36.63 feet; Thence S 220 42'02" W, a distance of 94.08 feet; Thence S 33° 10' 35" W, a distance of 201.06 feet; Thence S 25 06'50" W, a distance of 126.40 feet; Thence S 1.8" 49' 09" E, a distance of 8.94 feet; Thence S 19° 13'17" W, a distance of 69.98 feet; Thence S 29° 56'09" W, a distance of 85.30 feet, Thence S 12" 31'49" W, a distance of 65.19 feet to a point hereinafter referred to as Point "A"; Thence S 61" 54',59" E, a distance of 36.47 feet; Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -7 of 16 Record Date:9/14/2020 3:00 I'M King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C Thence 80* 29' 11" E, a distance of 11.50 feet; Thence S 37* 32'33" E, a distance of 36.19 feet; Thence S 189 52'08" E, a distance of 31.44 feet; Thence S 350 361 52" W, a distance of 30.77 feet; Thence S 500 51'4211 W, a distance of 49.84 feet; Thence S 860 41'43" W, a distance of 60.74 feet; Thence S 11* 09'51" W, a distance of 111.98 feet; Thence S 25" 28'01" W, a distance of 51.83 feet; Thence S 12* 54'54" W, a distance of 90.66 feet; Thence S 26' 37'46" W, a distance of 181.79 feet, Thence S 31' 40'50" W, a distance of 184.98 feet; Thence S 42' 28' 18" W, a distance of 64.50 feet; Thence S 57* 08' 10" W, a distance of 36.06 feet; Thence S 370 04' 19" W, a distance of 90.69 feet; Thence S 07°'09' 49" W, a distance of 13.30 feet; Thence S, 42* 12'21" W, a distance of 22.69 feet; Thence N,69* 55'47" W, a distance of 13,46 feet; Thence S 390 19'11" W, a distance of 117.88 feet; Thence S 4.7* 00'37" W, a distance of .89,37 feet; Thence S 53*5151" W, a distance of 188.56 feet; Thence S 590 37'37" W, a distance of 182.68 feet; Thence S 560 12' 12" W, a distance tat 94.47 feet; Thence S 610 26'03" W., a.distance of 42.07 feet to a point on the northwesterly margin of SE Stuck River Road and the terminus of the herein described northwesterly easement boundary line, from which the the west quarter corner of said Section 29 bears N 49030'01" W,,a distance of 1873.55 feet; Together with that portion beginning at the aforementioned Point "A"; Thence S 250 2914111 W, a distance .of 44-53 feet; Thence S 40* 23'49" E, a distance of 27.66 feet; Thence S 78* 501 0011 E, a distance of 16.24 feet; Thence N 20' 18'55" E, a distance of 50.37 feet; Thence N 61* 54'59" W, a distance of 36.47 feet to Said Point "A"; The southeasterly offset side[ . ines of said easement to be extended or shortened to meet at angle points and to close on the north lineof Said Government Lot 9 and the northwesterly margin of SE Stuck River Road. Total Easement Area 107,208 square feet more or less. Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -8 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C EXHIBIT B MAP OF EASEMENT AREA Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -9 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C —� C>a 50179049"W 132717 qr1iQj -_ co 01 Ca CA r'r, �i rri ZZ N '^ Cab v C _ f c 7 syr, tM V O .wg h `rl Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -10 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -11 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C a.. I =r �1 o*�, . `f rn 2A t�\\ Ch Ln �'T1 `�j �.. l '•'+< \ \\..".l � . .y "yM Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -12 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C F_ n M v�' rri :.:1 c� 01 F_ Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -13 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C in Z "'. cra z 49 6! ry > r _f . _ NORTH --SOUTH L> CENTER SECTION LINE Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -14 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C cir »i # t Q) rr m cir rr m cir Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -15 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C BI- R tz -0 C) (J) Z-11 !Z7 qjO r - Oil q M �O Ell V 14 W LINE NE SW 114 'Do > 0) > tok too tM Ciro tz N r C. Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -16 of 16 Record Date:9/14/2020 3:00 PM King County, WA DocuSign Envelope ID: 578044C1 -523D-46F9-969D-E8BF62A4B61 C C APPROXIMATE LOCATION OF CP 1603 KC Parools Easenio ntNoa Easerriaent Par(-,(,,,[ N 0 195 399 780 1,179 1,560 - - �— Feet