HomeMy WebLinkAboutTFC SIG Agmnt and Esmnt 19991007000987 19991007000987
KING
AGE001F 014�COUNTY10WA•
BARGHAUSFN AG 21.00
Return Address:
Rv e N Nl lct t T I NAS-MI 5 (-LC
31 W 3i:-lq 7 V_ i'
Be1-t-I, i r179 1,1
Document Title(s): Assessor's Property Tax Parcel/Account Number:
1. fleiReevIAEN r 0 7-2-I 05-- GIDI o
Reference Number(s)of Documents assigned or released if applicable:
Additional reference numbers are on page of document.
Grantor(s) (Last name first, then first name and initials):
1 NADU P Pfiri y
2. A-1)16 M a-rPc la 1M,t5-roe-s
3. 1V/piL ' Cam.,nvNt ' l 13f1-4-;tirnoE5 1N--•
Grantee(s) (Last name first, then first name and initials):
1. C t r`il of it1)6
2.
3.
Legal Description(abbreviated: i.e. lot, block, plat or section, township, range):
Additional legal is on page 12- of document.
A PocnoN OF Of thnSi) Lvr t-1,vC A-oJ tuSrrnErvr
Nv. u-i- 000q. -
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
Recording Requested By and
When Recorded, Return To:
Auburn Marketplace Investors LLC
3700 Beazer Road
Bellingham, WA 98226
AGREEMENT
This Agreement is entered into as of this day of , 1999,by and
between The City of Auburn,Washington, a municipality duly formed and/or chartered
under the laws of the State of Washington ("City"), Roundup Company, a Washington
corporation("Roundup"), Auburn Marketplace Investors, LLC., a Washington limited
liability company ("AMI") and Valley Community Bancshares, Inc., a Washington
corporation("VCB"), and is in reference to the following:
RECITALS:
A. Roundup and the City entered into that certain agreement entitled Agreement
dated April 20, 1989, recorded in the records of King County, Washington as
document no. 8905180461 ("Traffic Signal Agreement").
B. The Traffic Signal Agreement concerns, among other matters, a (then future)
traffic signal that may be installed at the intersection of 10th and D Streets NE,
Auburn("Traffic Signal").
C. As a condition to its approval of the development to be known as Auburn
Marketplace,the City has required AMI to install the Traffic Signal.
D. Pursuant to a separate agreement,VCB is required to reimburse AMI for a portion
of the cost of the Traffic Signal.
E. For the benefit of AMI,the City has made demand upon Roundup to pay a portion
of the cost of the Traffic Signal, and Roundup has informed the City that it
believes it is no longer liable to pay such portion("Signal Claim").
F. Roundup and the City also entered into that certain agreement entitled Payback
Agreement dated April 1, 1991, recorded in the records of King County,
Washington as document no. 9106210871 ("Payback Agreement").
1
ION 19991007000987
PAGE 002 OF 014
10/07/1999 10 45
KING COUNTY, WA
21 00
BARGHAUSEN AG
G. The Payback Agreement concerns, among other matters, future development
along the north side of 10 ' Street NE, from D Street NE to (future) A Street NE,
as legally described in the Payback Agreement ("North Side Development"), and
the obligation of the parties performing the North Side Development to pay to
Roundup certain sums if the North Side Development is performed within a
specified time period (the"Payback Obligation").
H. AMI was the owner of a portion of the North Side Development ("AMI
Property") and pursuant to its agreements with the current owners thereof, is
obligated to pay that portion of the Payback Obligation attributable to the AMI
Property.
I. VCB is the owner of a portion of the North Side Development ("VCB Property"),
and together the VCB Property and the AMI Property comprise the entirety of the
North Side Development.
J. Roundup acknowledges the North Side Development will be beneficial to
Roundup.
K. As a necessary component of the installation of the Traffic Signal, certain traffic
control structures and equipment will need to be installed upon Roundup's
property ("Signal Equipment") and in connection therewith, the City has
requested an easement in the form attached hereto as Exhibit "1", which Exhibit
"1" includes a graphic depiction and legal description of the property that is to be
subject to the easement("Easement").
L. By this Agreement, the parties wish to resolve the Signal Claim and the Payback
Obligation.
Now, therefore, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
1. The recitals set forth above are true and correct.
2. AMI and VCB hereby waive any right, claims, demands, benefits and causes of
action they may have, individually and collectively, against Roundup (and/or the
City)pursuant to the Signal Agreement.
3. Roundup hereby waives any right, claims, demands, benefits and causes of action
it may have against AMI, VCB and the current owners of the North Side
Development(and/or the City)pursuant to the Payback Agreement.
2
111111111 199910070013987
PAGE 003 OF 014
10/07/1999 10 45
KING COUNTY, WA
BARGHAUSEN AG 21 00
4. Roundup shall, under separate agreement, grant AMI the temporary right to enter
upon its property for the purpose of installing the Signal Equipment, upon such
terms as shall be reasonable.
5. Roundup shall upon request of AMI grant to the City the Easement.
6. At the herein request of Roundup, AMI and VCB, the City hereby accepts the
terms hereof and agrees to release and waive any claims it may have against
Roundup and its successors in interest under the Signal Agreement and against
AMI, VCB and the current owners of the North Side Development and their
respective successors in interest under the Payback Agreement. The parties
hereby waive any claims against the City for failure to enforce the Signal
Agreement or the Payback Agreement.
7. This Agreement shall be enforceable by the parties hereto, their successors in the
land that is subject to this Agreement and shall run with the land.
8. In the event of any dispute between the parties, the prevailing party shall be
entitled to reimbursement of reasonable attorney's fees and court costs. The
internal laws of the State of Washington shall govern this Agreement and venue
shall solely be in King County, Washington.
[This page ends here.]
1;?,
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111111111 1999100700098?
PAGE 004 OF 014
10/07/1999 10 45
KING COUNTY, WA
BARGHAUSEN AG 21 00
Entered into as of the day and year first above written.
THE CITY OF AUBURN
a Washington municipality
By: ( oc
Charles A. Booth, Mayor Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds, City Attorney
ROUNDUP COMPANY
a Washington corporation 04•
By:
AUBURN MARKETPLACE INVESTORS,LLC.
a Washington limited liability company
0046
By: ,d
2,riliphaii, President
VPIP—
VALLEY COMMUNITY BANCSHARES,INC.
a Washingto s corporation
By: // /1/ 1 f-
p( id
e: : , Pr de d CEO
4
19991007000987
PAGE 005 OF 014
10/07/1999 10 45
KING COUNTY, WA
BARGHAUSEN AG 21 00
s
Entered into as of the day and year first above written.
THE CITY OF AUBURN
a Washington municipality
By: Attest:
ROUNDUP COMPANY
a Washington corporation
By: aLe_6(4c.X
AUBURN MARKETPLACE INVESTORS, LLC.
a Washington limited liability company
ir).:&-
111F/Appili.
By:
11146706
Jeffrey Oliphant, President
Illidak
VALLEY COMMUNITY BANCSHARES,INC.
a Washington corporation
101.11P—
By:
David Brown, President and CEO
[add notary acknowledgements]
4
IIIIIIIIII 19991007000987
PAGE 006 OF 014
BARGHAUSEN AG KING 7/1999 COUNTY10WA5
21 00
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jeffrey Oliphant signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the President of Auburn Marketplace
Investors, LLC, to be the free anA voluntary act of such party for the uses and purposes mentioned in the
instrument. = � g T u %111 (�
'P • NSSlp1iQvoOqA�• -1GC,SO/ L\latSZVSCtian
Signature ofNotarYPublic "l l
Dated
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Appointment Expires: \\(A ar
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19991007000987
PAGE 007 OF 014
10/07/1999 10 45
BARGHAUSEN AG 21 00 KING COUNTY, WA
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that David Brown signed
this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the President and CEO of Valley Community
Bancshares, Inc. , to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
6-1(049
O ••SSION•••• y�� Signature of otary lic Dated
i .4. �'1fp•. 010 0/20Q01_ �'1i :•cam) N�_, ym•• i J �k4
it PUBLIC �' (Print Name of Notary Public)
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1111111111111111 19991007000987
PAGE 008 OF 014
10/07/1999 10 45
KING COUNTY, WA
BARGHAUSEN AG 21 00
STATE OF OREGON )
COUNTY OF MULTNOMAH )
On this day of , 199 Q ,before me,the undersigned, a Notary
Public in and for the State of (commissioned and sworn, personally appeared
Robert T. Currey-Wilson, to me known to be the person who signed as Vice President of Roundup
Company, the Washington corporation that executed the within and foregoing instrument, and
acknowledged 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 he or she was duly elected, qualified
and acting as said officer of the corporation and was authorized to execute said instrument on behalf
of the corporation, that the seal affixed, if any, is the corporate seal of the corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
. 1/1
OFFICIAL SEALC
, ;. - ARY UBLIC in an. or the State of Oregon
;��*r��� JAYNE A SWARTS r g
NOTARY PUBLIC-OREGON My Appointment Expires: m(�,JUlrl l° Z00Z
�:ck.0 COMMISSION NO 310683
MY COMMISSION EXPIRES MARCH 18,2002
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411011111P.-
0111111111
19991007000987
PAGE 009 OF 014
10/07/1999 10 45
KING COUNTY, WA
BARGHAUSEN AG 21 00
Return Address: 7( h(/3 /T rr !t
City of Auburn
City Clerk
23 West Main
Auburn, WA 98001 •
•
Above this line reserved for recording information.
•
EASEMENT
(CorPorau)
• Reference#(if applicable): N/A Additional on page: .
Grantor/Borrower. 1) _ 2)
Additional on page:
•
GranteelAsslgnee/Beneficiary: City of Auburn
Legal Description/SIR: Additional on page:
Assessor's Tax Parcel ID#:
•
For and in consideration of the sum of ten dollars(S 10.00) and other good and valuable-
consideration,receipt of which is hereby acknowledged,and for benefits to be derived by the
Grantor herein,Grantor, ,hereby conveys and
warrants to the City of Auburn,Grantee herein a municipal corporation of King County,
Washington,its successors and assigns,a perpetual Nonexclusive Easement under,over,through
and across the following described real property for the purpose of laying,maintaining,and
installing f i' S G f she y�ie.1Ps c,n d <Ng ut,�►�►((��t AND
APPURTENANCES THEREOF,said real property beinfg dtscnbed as follows:
SEE EXHIBIT"A",ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
This easement is given under the threat of and in lieu of Eminent Domain.
Said Grantee shall have the absolute right,at times as may be necessary, for.immediate entry
upon said Easement for the Purpose of maintenance,inspection, construction,repair or
reconstruction of the above improvements without incurring any legal obligation or liability
therefore.
Easement(Corpora%)
Page 1 of
1111111
21 00 1KAO9G9EG 9011O00N0F7000W04Ae
9$
BARGHAUSEN AG
Said Grantor shall not in any way block, restrict or impede access and egress to or from
said Easement, and/or in any way block, restrict or impede full use of the real property
within the above-described Easement by said Grantee for the above-described purposes.
The Grantee, by acceptance of the Easement granted herein, does covenant and agree
with Grantor that:
1. The Grantee shall, upon completion of any installation of the facilities and at its
sole cost and expense, remove all debris and restore the surface of the Easement
area to its previous condition.
2. The Grantee shall, if the Easement area is disturbed by the maintenance,
alteration, repair or replacement of the improvements, restore the surface of the
Easement area as nearly as possible to the condition in which it existed at the
commencement of said maintenance, alteration, repair or replacement, at its sole
cost and expense. The Grantee agrees to perform all work so as to avoid to the
extent reasonably possible, interference with other utilities or access to Grantor's
property. The Grantee shall keep the Easement area and the Grantor's property
free from any liens caused by the Grantee, its agents, independent contractors or
employees.
3. The Grantee shall protect,defend, indemnify and hold Grantor harmless from and
against any and all claims, demands, losses, damages, expenses and liabilities,
including personal injury and for any damage to or loss or destruction on
property, suffered by Grantor, its tenants, employees and invitees, arising out of
the Grantee's use of the Easement area; provided, however, that Grantor shall not
be entitled to such indemnification for damage caused by Grantor or any third
party by reason of the sole negligence of Grantor to the extent of such concurrent
negligence.
4. Grantor reserves to itself the right to use the surface of the Easement area for
landscaping and paved parking.
5. The Easement granted hereby shall be non-exclusive and Grantor reserves the
right to grant other easement rights in and to the Easement area; provided that
such easement rights shall not substantially interfere with the Easement rights
granted herein.
This Easement shall be a covenant running with the above-described real property and
burden said real estate, and shall be binding upon the successors, heirs and assigns of all
parties hereto.
[THIS PAGE ENDS HERE.]
NMI 19991007000987
PAGE 011 OF 014
10/07/1999 10 45
KING COUNTY, WA
SARGHAUSEM AG 21 00
IN WITNESS WHEREOF,said corporation has caused this instrument to be executed by its
proper officer(s)this"day of SeVre.r 0oar . 1991.
Authorized Signature
Authorized Signature
STATE OF OREGON )
COUNTY OF MULTNOMAH )
On this Tin day of -teen.IBG{ , 1991, before me, the undersigned, a I lotary
Public in and for the State of Oregon, duly commissioned and sworn, personally appeared Robert T.
Currey-Wilson, to me known to be the person who signed as Vice President of Roundup Company, the
Washington corporation that executed the within and foregoing instrument, and acknowledged 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 he or she was duly elected, qualified and acting as said officer of the
corporation and was authorized to execute said instrument on behalf of the corporation, that the seal
affixed, if any, is the corporate seal of the corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
1
61 O7jL
�•. OFFICIAL SEAL. u.�f r1
f.'
•-r>�•. JAYNE A SWARTS NO �: P :LIC in and for the State ofOregon
`�" NOTARY PUBLIC-OREGON My Appointment Expires: '\CG.rritn I F l 2 00Z.
.- COMMISSION NO 310683
MY COMMISSION EXPIRES MARCH 18,2002
19991007000987
PAGE 012 OF 014
1111111111111
10/07/19
KING COU99NTY,10 WA45
BARGHAUSEN AG
21 00
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT FOR UTILITIES
PORTION of TAX LOT No. 072105-9010
All that certain real property situate in the City of Auburn, King County, State of Washington, being a portion
of Lot A of City of Auburn Lot Line Adjustment No. LLA-0008-89, recorded under King County Recording
No. 8911134464, in Government Lot 4 and the Southeast Quarter of the Southwest Quarter of Section 7,
Township 21 North, Range 5 East, Willamette Meridian, described as follows:
An EASEMENT for Utility services and facilities, appurtenances thereto and maintenance thereof,
in, on, over, under, through, and across a strip-of-land,varying in width, the perimeter boundaries
of which are described as follows:
Commencing at the intersection of the centerline of 9th Street N.E. and Auburn Way North (Primary State
Highway No. 5) as described in Deed recorded under King County Recording No. 8911060344 and Recording
No. 8911030645; Thence, along the centerline of Auburn Way North, South 39°20'12"West 68.94 feet;
Thence, leaving said centerline, North 50°39'48"West 52.00 feet, to the TRUE POINT OF BEGINNING
of the herein-described Easement area;
THENCE, along the Southwesterly Right-of-Way line of 9es Street N.E. and 10"'Street N.E.,
the following courses:
1) Northerly 48.87 feet, along the arc of a 35.00-foot radius curve, concave Westerly and
having a radial bearing of North 50°39'48"West,through a central angle of 80°00'00";
2) North 40 39'48"West 37.86 feet, parallel with and 48.00 feet Southwesterly
from the centerline of 9`" Street N.E.;
3) Northwesterly 102.11 feet, along the arc of a 652.00-foot radius curve,
concave Southwesterly, through a central angle of 08°58'24";
4) North 37°21'57" West 48.50 feet;
5) Northwesterly 341.16 feet, along the arc of a 664.00-foot radius curve, concave Southwesterly
and having a radial bearing of South 36°16'15"West,through a central angle of 29°26'18",
parallel with and 36.00 feet Southwesterly from the centerline of 9"' Street N.E. and 10th Street N.E.;
THENCE, leaving said Southwesterly Right-of-Way line along the following courses:
1) South 06°49'57" West 5.00 feet;
2) South 32°45'13" East 35.56 feet;
3) South 08°53'15" West 18.00 feet;
4) Southeasterly 76.00 feet, along the arc of a 614.00-foot radius curve,
concave Southwesterly and having a radial bearing of South 08°53'15" West, 41,i;.
through a central angle of 07°05'31"; �L y
5) North 15°58'46" East 18.00 feet; f
6) North 62°17'56' East 38.25 feet; '� `�
7) Southeasterly 205.00 feet, along the arc of a 659.00-foot radius curve, 3c i
concave Southwesterly and having a radial bearing of South 18°23'07" West, ?`�r�: "
through a central angle of 17°49'24", parallel with and 5.00 feet Southwesterly ' :•
from the Southwesterly Right-of-Way line of 9t Street N.E.; 'A • r
8) South 37°21'57" East 48.31 feet; 4 1 05S2 -,ry• ,
9) Southeasterly 101.87 feet, along the arc of a 647.00-foot radius curve, ' ^? =• • , `
concave Southwesterly, through a central angle of 09°01'15"; I �ALI.1�`��' . 2) 1
10) South 40°39'48" East 39.01 feet; PXPFItES 8/30%
111 Southerly 34.91 feet, along the arc of a 25.00-foot radius curve,
concave Westerly, through a central angle of 80°00'00";
12) South 39°20'12" West 22.12 feet;
13) South 50°39'48" East 8.00 feet, to the Northwesterly Right-of-Way line of Auburn Way North;
THENCE, along said Northwesterly Right-of-Way line, parallel with and 52.00 feet Northwesterly from the
centerline of Auburn Way North, North 39°20'12" East 17.40 feet to the True Point of Beginning.
The above-described Easement strip-of-land contains approximately 7,285 square feet, more or less.
SEE ALSO - "Exhibit Map", attached hereto and by this reference made a part hereof, for a graphic
representation of herein described Easement strip-of-land.
End of Description
Prepared by. Barghausen Consulting Engineers, Inc.
\1ATLANTIS\PROJECTS\sdskproj\6292\doc\6292ROWF.doc Mike Hotes Page 1 08/27/99
11111111111110 19991007000987
PAGE 013 OF 014
10/07/1999 10 45
BARGHAUSEN AG 21 00 KING COUNTY, HA
RPM — AUBURN Vol. 123. PLATS, Pse. 8444
1 I• la
z
Tax Lot No. 00 I
745992-0020 0
N57-16 36'W 7.50' CO 3
s57-43 24'W izoo'
NW-16:36V 16.50� fl p
S01-49 37T 9.86'—__y C'") -
10th St. NE .!' 1� ' - \ ,N
- ,Y- r. `�
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0 •�i C O<�Ca •
4
5.00�1 . 7! 7 p �J c,., •
4-VAR 1
--- 0 RIGHT-OF-WAY(S)
18.00' RN.OQ R=6va�,
sne's3'15w L=7600 �1aoo• , a+ h Deeded to City of Auburn
n4rais3l- N1'r5816'� L= ?ss, S Rec. No. 8911060344
N a-17-4973' `, Rec. No. 8911060345
UTILITY EASEMENT 'r> s- R e
7,285 ± sq.ft. '�'• \ R 5100' /
o 0.167 ± ac. •
• L=10211'
u =O158'24' •
-- F R=647.00'
I •
n=09o1'15"
VI •
�. R=3500' T.P.O.B.
—)
R=25.0O'\ L=4887
d L-34.91' 1 a=8:100'00"
A=E0'00'00''
o Tax Lot N o. " 539-2072V 22.12'/' q. 4
,ti
0 7 210 5-.9 0 0 8 - I 55039481' \16 ���
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EXHIBIT MAP [
UTILITY EASEMENT crl
/ S
Y
o PORTION of Gov. Lot 4 & S.E.1/4 of S.W.1/4 of
SECTION 7, T. 21 N., R. 5 E., Willamette Meridian
City of AUBURN KING County State of WASHINGTON
19991007000987
PAGE 014 OF 014
10'07/1999 10 45
KING COUNTY, WA
BARGHAUSEN AG 21 00