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HomeMy WebLinkAbout20080514002187 RIGHT-OF-WAY AND CONSTRUCTION AGREEMENT 05082008 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20080514002187 PACIFIC NW TIT AG 45.00 PAGE001 OF 004 05/14/2008 15:29 KING COUNTY, WA Above this line reserved for recordin information. RIGHT-OF-ENTRY AND CONSTRUCTION AGREEMENT ( N.? Reference # (if applicable): N/A Grantor/Borrower: Auburn School District Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 19, Township 21N and Range 5E Assessor's Tax Parcel ID#: 192105-9192 PROJECT NO. CP0759 Olympic Middle School Pedestrian Improvements In consideration of the mutual benefit contained herein and for other valuable consideration, THE AUBURN SCHOOL DISTRICT (Grantor) hereby grants to THE CITY OF AUBURN (Grantee), a municipal corporation of King County, Washington, its contractors, employees, and agents, the right to enter upon that portion of land (described as 1825 K Street SE, Auburn, WA 98002 in Attachment'A' attached hereto and incorporated herein by reference)wrequi?red fo^ the purpose of constr ruction Ic as required for completion of the p SPECIAL STIPULATIONS 1. Grantor hereby agrees to permit Grantee, its contractors, employees, and agents the right of entry including the right of inress and eress the work as set forth aboveto the areas as described in Attachment A', to complete 2. Grantee agrees, to the extent practicable, to leave the property in as good a condition as existed on the day construction commenced. This shall include the timely removal of any and all debris, rubbish or combustible material resulting from construction activities. shall 3. Grantor agrees nd effect Right-of-Entry and Construcon he date that Grantee gives adequa eenot ce to theinue in full force a Right of Entry and Construction Agreement rsowd by Pacific Northwest Title ab Page 1 of 4 a rodaUon only. It has pot Men axarAkW as to proper axsom ion or iM b Its affect tqW title. Y Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 40021 A7 IFIC NW TIT AG 45.09 OF 004 05/14/2008 15:29 KING COUNTY, WA Above this line reserved for recordinq information. ?-! - r RIGHT-OF-ENTRY AND CONSTRUCTION AGREEMENT !kill Reference # (if applicable): N/A Grantor/Borrower: Auburn School District Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 19, Township 21N and Range 5E Assessor's Tax Parcel ID#: 192105-9192 PROJECT NO. CP0759 Olympic Middle School Pedestrian Improvements - In consideration of the mutual benefit contained herein and for other valuable consideration, THE AUBURN SCHOOL DISTRICT (Grantor) hereby grants to THE CITY OF AUBURN (Grantee), a municipal corporation of King County, Washington, its contractors, employees, and agents, the right to enter upon that portion of land (described as 1825 K Street SE, Auburn, WA 98002 in Attachment 'A' attached hereto and incorporated herein by reference) required for the purpose of construction, installation or modification of Dathwavs, curbs, crosswalks, signs, guardrails, parking Ic as required for completion of the p SPECIAL STIPULATIONS 1. Grantor hereby agrees to permit Grantee, its contractors, employees, and agents the right of entry including the right of ingress and egress to the areas as described in Attachment'A', to complete the work as set forth above. 2. Grantee agrees, to the extent practicable, to leave the property in as good a condition as existed on the day construction commenced. This shall include the timely removal of any and all debris, rubbish or combustible material resulting from construction activities. 3. Grantor agrees that this Right-of-Entry and Construction Agreement shall continue in full force and effect from the date that Grantee gives adequate notice to the Sa:d dream Ant(g W8rg fi#+r61 f9r Right of Entry and Construction Agreement lewd by pacific Northwest Title Page 1 of 4 aeommodation only. It has not been 3xam kW ac to proper axamMon or ab b its affect upon tide. Grantor of the commencement of construction until completion of the construction activities described herein, or December 31, 2008, whichever is earlier. 4. Grantee, its agents and assigns, will notify Grantor of its construction schedule, and will, to the greatest extent practicable; schedule the construction activity so as to avoid any inconvenience to the property. 5. Grantor authorizes and appoints Grantee as its agent and attorney-in-fact to make application for any and all permits required to complete the project. 6. The rights herein granted shall include all incidental rights, including but not limited to, right of ingress and egress necessary to properly perform the work indicated for construction of the project. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, and agents. Dated this S day of /VIAL 12008. THE AUBURN SCHOOL DISTRICT Accepted and ed: ZU BU ti MAY 13 2008 Peter B. Lewis, Mayor Date Right of Entry and Construction Agreement Page 2 of 4 0. STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Michael Newman was the person who appeared before me, and said person acknowledged to me that he signed this instrument, and on oath stated that he was authorized to execute the instrument as the Associate Superintendent of the AUBURN SCHOOL DISTRICT as his free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Ml;il, 4 \FeR L, AO°r?h , TAt. ;A WAS%A% STATE OF WASHINGTON) ) ss COUNTY OF KING ) Notary Public in and for the State of Washingtoi Residing at '1ia ibis> t C tif??,, •r-: ?_ f'j.1 My appointment expires i? - e; - f I certify that I know or have satisfactory evidence that Peter B. Lewis was the person who appeared before me, and said person acknowledged to me that he signed this instrument, and on oath stated that he was authorized to execute the instrument as the Mayo r of the CITY OF AUBURN as his free and voluntary act of such party for the uses and purposes mentioned in this nstrument. Dated ' t-ie-l/c. ovary Public in and for the State of Washington m ?>-Residing at y_ kk,c ieL--) appointment expires) 6 -Z: - 2-0 lE Right of Entry and Construction Agreement Page 3 of 4 Attachment 'A' Olympic Middle School 1825 K Street SE Auburn, WA 98002 Project improvement areas as shown on map below. --Jy rte--- --v ?? --- - ® 17TH ST SE