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HomeMy WebLinkAbout2026-0194 Fully Executed City Consent to Allow KC Metro to Utilize COA Easements Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 CONSENT TO USE OF CITY OF AUBURN EASEMENTS Grantor(s): City of Auburn, a municipal corporation of the State of Washington Grantee(s): King County a political subdivision of the State of Washington Legal Description: See Exhibit A Assessor's Tax Parcel Nos.: 3339900005, 0000800018, 0000800017, 734940-0300, 734940-0310, 734940-0320,734940-0330, 734940-0340 This Agreement for Consent to Use those portions of City of Auburn Easements not located within existing rights-of-way(the"Agreement"), is made by and between the City of Auburn,a municipal corporation of the State of Washington(the"City")and King County,a political subdivision of the State of Washington("King County"or the"County"). RECITALS A. King County is a home-rule, charter county in the State of Washington authorized pursuant to RCW 36.56 to assume,upon a public vote, the rights,powers,functions, and obligations of the regional governmental entity known as the Municipality of Metropolitan Seattle("Metro"). Metro was established by regional voters in 1958 to address local water pollution issues. Metro's functions included development of a sewage treatment system and water pollution abatement activities in the Seattle Metropolitan area. B. The City entered into a Sewage Disposal Agreement with Metro on March 1, 1974.The Sewage Disposal Agreement was amended on March 19, 1987,and again on October 2, 1992. The Sewage Disposal Agreement as amended expires on July 1,2036. C. King County,as the successor to Metro,assumed the Sewage Disposal Agreement between Metro and the City. Pursuant to the Sewage Disposal Agreement,the County provides water pollution abatement services, including regional wastewater collection,transmission,treatment, and disposal services to the City. The County performs these services through its Wastewater Treatment Division("WTD"). D. The City provides wastewater collection services to its customers and delivers wastewater to WTD for treatment and disposal. E. Pursuant to Paragraph 10 of the Sewage Disposal Agreement the City agreed,among other things,that Metro would have the right to use and the duty to maintain,operate,repair,and replace the facilities designated as permanent in Exhibit B to the Sewage Disposal Agreement(collectively referred to herein as the"Permanent Facilities"). The Permanent Facilities include,without limitation,the Auburn Interceptor,the West Interceptor and the M Street Trunk Sewer. Pursuant to the Sewage Disposal Agreement, Metro paid the City for these Permanent Facilities and the easements associated therewith. 1 Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 F. The City had obtained easements and other property rights for the Permanent Facilities where the Permanent Facilities crossed property that was not owned by the City.A partial list of the easements and other property rights obtained by the City for the Permanent Facilities is set forth in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference. The easement rights in Exhibit A include the applicable easements for the M Street Trunk Sewer and its appurtenances.The City's easement rights,their respective legal descriptions and depictions are set forth in Exhibit A herein the"Easement Areas".The original easements granted to the City are attached for reference as Exhibit B. G. Pursuant to the Sewage Disposal Agreement,the City and Metro agreed that the Permanent Facilities and easements and other property rights acquired for those facilities would be conveyed by the City to Metro by Quit Claim Deed at some future date after the then outstanding bonds issued to acquire and construct said Permanent Facilities were paid. H. The City has paid the entire principal and interest of all such bonds issued to pay in whole or in part the cost of acquisition and construction of the Permanent Facilities,and the bonds are no longer in existence. I. Approximately 2.6 miles of the M Street Trunk has become severely deteriorated.The M Street Trunk is a critical sewage pipeline, which has more than 100 side sewers connected to it, serving nearby properties.As part of its obligation under the Sewage Disposal Agreement to maintain,operate,repair,and replace the Permanent Facilities,the County is required to construct the M Street Trunk Rehabilitation Project(the"M Street Project")as soon as practicable to prevent further deterioration of the M Street Trunk. J. In order to construct the M Street Project,the County must use the easement rights that were acquired for the construction,operation,maintenance,and operation of the M Street Trunk and the other Permanent Facilities. K. The City has not transferred or assigned the Permanent Facilities or associated easements (or any portion thereof)as described in the Sewage Disposal Agreement.The City and County are jointly reviewing the scope and location of the easements and the location of the City's remaining facilities to determine which easements (or a portion thereof)may be transferred.The City and County agree that the City will transfer to the County the sewer facilities and those associated easements that the City is legally authorized to transfer and that do not interfere with or impair the City's continued operational needs in fulfillment of the Sewage Disposal Agreement as soon as practicable. In the meantime, and in order for the M Street Project to proceed,the City and County enter into this Agreement for Consent to Use of City of Auburn Easements. NOW,THEREFORE,the City and the County hereby agree as follows: 1. Consent to Use of Easement Areas. Subject to the terms and conditions contained herein,the City consents to the County's use of those portions of the Easement Areas, set forth in Exhibit A not located within existing rights-of-way("ROW"). 2 Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 1.1. Purpose of Use. The City consents to the County's use of those portions of the Easement Areas not located within the ROW, and such consent is limited solely to construction of the M Street Project. 1.2. Term of Use. The County will construct the M Street Project beginning April 1,2026 through December 31,2028. 1.3 Other Terms and Restrictions on Use.At no time shall the Easement Areas be used for the storage of flammable or volatile material. 1.4 Restoration. Upon completion of the County's use of the Easement Area,the County shall, at its sole cost and expense,promptly restore the Easement Area to a condition substantially similar to that which existed immediately prior to the County's entry,reasonable wear and tear excepted. Restoration shall include,without limitation,restoration of grade and drainage,repair or replacement of pavement,landscaping, and any other improvements disturbed by the County's activities. 2. Indemnity. The County agrees to defend, indemnify and hold harmless the City,from all claims,actions,costs,damages or expense of any nature for injuries, sickness or death of persons,or any damage to property,caused by the acts or omissions of the County, or its agents,employees or contractors, in its use or restoration of the Easement Areas. Provided,however, that this defense and indemnification obligation does not include such claims,actions,costs,damages or expenses which may be caused by the sole negligence or willful misconduct of the City or its agents or employees and provided further that if the claims,actions,costs,damages or expenses are caused by or result from the concurrent negligence of(a)the County, its employees,agents,or contractors and(b)the City,its agents,or employees,or involves those actions covered by RCW 4.24.115,then this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, its employees, agents or contractors. For purposes of this indemnity only,the County waives any immunity that it may have under the Washington State Industrial Insurance Act,Title 51 RCW.The obligations set forth in this section shall survive the termination, expiration,or completion of the County's use of the Easement Areas,whichever is last. 3.Compliance with Easement Terms and Applicable Laws. In its use of the Easement Areas set forth in Exhibit A,the County will comply with the terms and conditions of each easement and with all applicable governmental laws and regulations. 4. Notices. Any notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. If to County: King County Bill.Wilbert@kingcounty.gov If to City: City of Auburn 3 Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 Jarndt(riauburmwa.gow Either party hereto may,at any time,designate any other address in substitution of the foregoing address,by giving ten(10)days'written notice to the other party. 5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The jurisdiction and venue of any action brought hereunder shall be in the Superior Court of King County. 6. Amendment. This Agreement may be amended or modified only by written instrument, executed by the parties hereto or their successors or assigns. 7. Counterparts. This Agreement may be executed in counterparts,each of which shall be deemed the original, but which together shall constitute one and the same instrument.This Agreement may be executed using electronic signatures. 8. No Third-Party Beneficiaries. This Agreement is entered into solely for the mutual benefit of the parties hereto. This Agreement is not entered into with the intent that it shall benefit either party's agents, assigns,consultants or contractors, and no such other person or entity shall be a third- party beneficiary of this Agreement. 9. Legal Relations. Nothing contained herein shall make,or be deemed to make,the County and the City a partner of one another and this Agreement shall not be construed as creating a partnership or joint venture. This Agreement shall create no right,duty,or cause of action in any person or entity not a party to it. 10. Authority. The undersigned represents that they are fully authorized to enter into this Agreement on behalf of the party for whom they sign. 4 Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 IN WITNESS WHEREOF, in consideration of the terms,conditions and covenants contained herein,or attached and incorporated and made a part hereof,the parties have executed this Agreement by having their representatives affix their signatures below. King County City of Auburn Signed by: (—Initial Signature. Signature: Ijfat°`"" l 't5 `FEC92w3017t047c Printed Name: r3 014 4/171./ 6/(,,kc#46-Printed Name: Nancy Backus Title: t /. lLo 4/14"t S 444/4-6, ,tie i 5vP Title:_Mayor • Dated: 3,3//ZZ Z t. Dated: 3/30/2026 / 5 Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 EXHIBIT A-EASEMENT AREAS LIST OF APPLICABLE EASEMENTS FOR M STREET PROJECT WITH LEGAL DESCRIPTIONS. 1. For M Street Project Work at 1235 & 1301 Pike Street NE: Easement from Stephen F. Lone to City of Auburn dated December 17, 1962, for a sanitary trunk sewer line,recorded in the real estate records of King County,Washington under King County Recording No. 5522265, legally described as follows: Beginning at the N.E. corner of Lot 7,Block 6 in Lone's First Addition to Auburn (Sec. 7, Township 21 North, Range 5.E.W.N.) an easement 10 feet on either side of a line bearing S 47°08' E a distance of 9.0 feet; thence S 2°08' E 575.55 feet; thence s 8°09' E a distance of 486.82 feet; thence S8°09' E a distance of 486.82 feet;thence S 0°36' E a distance of approximately 258.0 feet to the center of the"Old White River Bed." 2. For M Street Project Work at 1433 8`1' Street NE: Easement from Henry B. Knickerbocker and Alma R. Knickerbocker to City of Auburn for construction, operation and maintenance of a sanitary trunk line, dated December 31, 1962, recorded in the real estate records of King County, Washington under King County Recording No. 5533663, legally described as follows: From SE corner of SE1/4 of Section 7, Township 21 North, Range 5 E.W.N., a distance of 428.0 ft. W on the section line bearing S 89°08' W to the point of beginning. From this point an easement 10 ft. on either side of a line bearing N 31°04' W, a distance of 344.5 ft; thence along a line bearing N 0°36' W a distance approximately 142.4 ft. to the center of the"Old White River Bed." 3. For M Street Project Work at 2225 Auburn Way N Reserved easements for the purpose of construction and maintenance of all public utilities.as described in that certain Statutory Warranty Deed granted from City of Auburn to D.F. Parker and Bernice M. Parker and R.E. Cady and Betty Cady dated May 3, 1971, recorded in the real estate records of King County, Washington under King County Recording No. 7105140454, legally described as follows: Beginning at a point on the South line of J.A.Lake Donation Claim,located in Section 7,Township 21 North, Range 5 East, W.M., said point being 35.00 feet West of the southwest corner of said Donation Claim; thence West along said line 370.01 feet; thence North parallel with the East line of said Donation claim 370.01 feet;thence South parallel with the East line of said Donation Claim to the point of beginning, situate in King County, State of Washington. 6 Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 EXHIBIT B ORIGINAL UTILTIY EASEMENTS (COVER PAGE) 7 • Docusign Envelope ID:08AFDC87-336E-4316 9C16-A075892AB618 b, d° Y„/1 L. � s _ [' EASEMENT W) STEPHEN F. LONE, DOES HEREBY GRANT TO THE CITY OF AUBURN, a municipal J • (Q. corporation of the third class within the State of Washington, an easement CI for the construct,1-ori, operation and maintenance of a sanitary trunk sewer AO if) line, across, upon and under the land surface of the following described property, to wit: _,I • I Beginning at the N.E. corner of Lot 7, Block 6 in 1 Lone's First Addition to Auburn (Sec. 7, Township 21 ;• 1 North, Range 5 E.W.M.) an easement 10 feet on either ' side of a line bearing S 47°08' E a distance of 9.0 feet; thence S 2°08' E 575.55 feet; thence S 8°09' E I a distance of 486.82 feet; thence S 0036' E a distance • of approximately 258.0 feet to the center of the • "Old White River Bed." I • DATED and SIGNED THE /7 .t day of December, 1962. I , Stephen F. Lone i STATE OF WASHINGTON ) - )) ss, j COUNTY OF KING • 1, the undersigned, a notary public in and for the State of Washington, yy duly commissioned and sworn, hereby certify that on this day personally f appeared before me Stephen F. Lone, to me known to be the Individual described i • j in and who executed the foregoing instrument and acknowledged that he signed and sealed the same as his free and voluntary act and deed for the ,, • i y uses and purposes thiin �rrient o-+re n6'd. I' GIVEN under my hand and seal this 1 �7----_,day of December, 1962. ( . 4 •• i I l t .• 9„CLA tif,_ , l • Notar .y,,:Public in and for tl State ' of Washington, residing at Auburn. jj� 1 . • • • • • DEC 20 1962\••• - • • . :, . Docusign Envelope ID:08A DC87-336E-43 6-9C16-A075892AB618 +i; ., '.. • ., tEASEMENT o t n , HENRY B. KNICKERBOCKER and ALMA R. KNICKERBOCKER, his wife, I)0 HEREBY j �� GRANT TO THE CITY OF AUBURN, a municipal corporation of the third class LP)• within the State of Washington, an easement for the construction, .opera- 'Elan and maintenance of a sanitary trunk sewer line, across, upon and . under the land surface of the following described property, to-wit: `. From SE corner of SEti of Section 7, Township 21 - 0 North, Range 5 E.W.M., a distance of 428.0 ft. W on the section Iine bearing S 89°08' W to the point of beginning. From this point an easement 10 ft. on either side of a line bearing N 31004' W a dis- 'stance of 344.5 ft; thence along a Iine bearing N • 0036' W a distance of approximately 442.4 ft. to the center of the "Old, White River Bed." DATED and SIGNED THE 31 day of December, 1962. He ry B. Knickerbocker 0 • C _ar,.. � Je.. l o /. Alma R. nickerbocker STATE OF WASHINGTON ss. COUNTY OF KING I, the undersigned, a notary public in and for the State of Wash- • ington, duly commissioned and sworn, hereby certify that on this day personally appeared before me Henry B, iKnickerbocker and'-Alma R. Knicker- bocker,nhis wife, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. t st GIVEN under my hand and seal this 3/" day of December, 1962. ; Notary Public in a d fo the State of Washington, residing at 'uburn. • -, 0JAN 21 19 Docusign Envelope ID:08AFDC87-336E-4316-9C16-A075892AB618 13.c_:..1 ...11,g.0 1.al II f, a.S,llI .1 IN,I.I.,.GIN!,t As55t:. !.IE .- - artl,l:,iJ t 1 ,4 i1.47.t.!.7h1.Je14r1% • .'-.may.. '- • i(` OSUMPSveNUI SUMPS 1 y © THIS arAC9 IESIEVED)CC rECOISIC'S USE, • Plow Fist:*lyl Tttiv Mama Ccflpaey WA1,INCT:,4 TITLE Dtvl.IoN Filed for Record at Request of RECORDED vOI. OF . tad PACE ..........REDDEST OF I t [f'TO 1971 t+u 14 PM 12 07 C. PaAGPIE - - I • `)ITC till DIRECTOR •• .,� i800 V'11:SJLAKE AVE. N. RECORDS ELECTIONS ti IA SEATTLE, WASH. 9R109 KING COUNTY, WASH. cz N 1 ° l ,H 1 O soar Leo I .. . O Statutory Warranty Deed (CDR/ORATE FORM) 1; THE GRANTOR the CITY OF AUBURN, a municipal corporation 4 sr • 1, 11 . • for and in consideration of Ten Dollars and other valuable considerations i. i �; In hand paid,conveys and warrants to D.F. Parker and Bernice M. Parker, husband and wife and t R.E. Cady and Betty Cady, husband and wife 11 the following described real estate,situated in the County of King ,State of II . { Washington: IBeginning at a point on the South line of J.A. Lake Donation Claim, located f t in Section 7, Township 21 North, Range 5 East, W.M., said point being 35.00 i feet West of the southeast corner of said Donation Claim; thence West along said South line 370.01 feet; thence Worth parallel with the East line of said-Donation Glaim-24.75 feet; thence East parallel—with-the South-line- : j. of said Donation Claim 370.01 feet; thence South parallel with the East - line of said Donation Claim to the point of beginning, situate in King i County, State of Washington;• Subject to easements reserved therein over and under the entire above 1f described property to the City of Auburn for purpose of construction and I . • maintenance of all public utilities. t,i, E,ctse 7a:; r:ct II!oczatieu • - 11.J. R.WILLIAMS,Bill County Treasurer II • y eictorporatkes4* '1 Q1 y}yHEREOF,,aid coryx,mtion has caused this instrument to be executed by its pro;n r off carsi�l,e hereunto affixed this 3 day of Nay, 1971 1 • r, • 4 1�l'tiQ fi `I I 4 • .. ti` 5 k p�7, ' S1'AN P �KfERSEY 4061XA :RClO,k `fit s'�.. --0 By. ���I.IAM t� r�G . a- '..I_,•� - GEN L S XXcX*X4K '! STATE GF nSHING'CON, i j 33. I County of King 1 j • 1 , I On Ihls 3rd day of ,Nay, 1971 ,before me,the undersigned, a Notary Public In and for the State of Washington,duly cor:missioned and sworn,personally appeared Stanley P. Kersey and Gene Williams y • to me known to be the Mayor kAi 4 ie l and City Clertltiroomx respectively,of the CITY OF . AUBURN, a.municipar corporation, . • the corporation that executed the foregoing Instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that I . they authorlud to er,ecute the said instrument a al affixed Is the corporate seal of said (t • corporation, ¢f�ry� 1 Witness my hand and official seal hereto affixed the � t' Eft. wrlUcyn�, e�,� ! `'^-.. ot N rptTPuCfie nd/ar'the S lc of Wat ingfon, r 't ed ,'retidini if, rn, ,--- - - '�s•'*'t•.^. ., , ,n., +r_^ r, m,aRrw,lr ,grrw.ryr,Y.r,. ..•r-.+ns.'...,., m.-. ,i<,.,, .:w..,. .. .c. • .. i. . , Order: 231813-LG Page 1 of 1 Requested By: sabrina.salinas,Printed: 6/10/2023 12:04 PM Doc: WAKING:PREC 19710514 00454