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
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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
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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
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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
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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
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Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -10 of 16
Record Date:9/14/2020 3:00 PM King County, WA
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Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -11 of 16
Record Date:9/14/2020 3:00 PM King County, WA
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Record Date:9/14/2020 3:00 PM King County, WA
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Instrument Number: 20200914001645 Document:EAS Rec: 5118.50 Page -15 of 16
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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
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APPROXIMATE LOCATION OF CP 1603
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0 195 399 780 1,179 1,560
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