HomeMy WebLinkAbout20090203000924 RIGHT-OF-WAY DEDICATION 01/29/2009
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20090203000924
PACIFIC NW TIT AG 45.00
PAGE001 OF 004
02/03/2009 11:44
KING COUNTY, WA
Above this line reserved for recording information.
RIGHT-OF-ENTRY LICENSE AND CONSTRUCTION AGREEMENT
PAC9FIC N9RTHWEST TlTImE
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Reference # (if applicable): N/A
Grantor/Borrower: Erika M. Bourbanis
Grantee/Assignee/Beneficiary: City of Aubum
Legal Description/STR: Green River Gardens Div # 1
Assessor's Tax Parcel ID#: 2891000690
PROJECT NO. L ) ~ ~
/
RECITALS
WHEREAS, on approximately January 19, 2009, a sinkhole developed in the
front yard of the property located at 1802 21st St. NE, Auburn, WA caused by
groundwater and other material migrating into a break in the side sewer serving the
Property; and
WHEREAS, the rim of the sinkhole extended to the edge of the 21st St. NE right-
of-way, undercutting part of the sidewalk; and
WHEREAS, it was necessary to fill the sinkhole to prevent the sinkhole from
damaging the sidewalk, street, and utility lines located in the street; and
WHEREAS, given the high groundwater levels at the site, and the unstable
nature of the soil, the City of Auburn determined that allowing the site to be reopened
after the initial repairs and stabilization of the soil would likely lead to further
destabilization and under cutting of the right-of-way; and
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WHEREAS, the City determined that it should also repair the side sewer in the
process of filling and stabilizing the sinkhole to prevent further disturbance of the site,
NOW THEREFORE, in consideration of the mutual benefit contained herein and
for other valuable consideration, Erika M. Bourbanis (Grantor) hereby grant to the City
of Auburn (Grantee), a municipal corporation of King County, Washington, its
contractors, employees, agents, successors and assigns, the right to enter upon King
County Tax Parcel 2891000690, located at the common address of 1802 21st St. NE,
Auburn, WA (Property), for the purpose of filling the sink hole on the property and
making repairs to the side sewer located on the Property.
SPECIAL STIPULATIONS
1. Grantor hereby agrees to permit Grantee, its contractors, employees, agents,
successors and assigns the right of entry, including the right of ingress and egress,
to complete the construction work as set forth above.
2. Grantor agrees to be responsible for all costs incurred by Grantee in undertaking the
work set forth in this Agreement, and the and Grantor and Grantee shall mutually
establish a repayment schedule for the work once the final costs are determined.
Grantor specifically agrees that Grantee may file a lien against the Property for such
- costs.
3. Grantee agrees, to the extent reasonably 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. Grantee shall not be responsible for restoring the
vegetation and other surface features of the sink hole area, only for restoring the
surface level to approximately its level prior to the sink hole's formation.
4. 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
Grantor of the commencement of construction until completion of the construction
activities described herein, or March 31, 2009, whichever is earlier.
5. 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.
6. 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.
7. 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
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persons resulting from or arising out of the rights herein granted to Grantee and/or
its contractors, employees, agents, successors or assigns.
E a . Bourbani
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that Erika M. Bourbanis is the person
who appeared before me, and said individual acknowledged that she signed this
instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in this instrument.
Dated 1_1 2c) 109
N-XACA n dCl --7) )V~.1
Na#ary-Publ+s+n-and-#er-#he State of Washington - -
Residing at 5tQ4 C3C6'k 44 SE~ j7-=,.1PCQ~K W
MY appointment expires Cc,.- ) g,, 2_--'o1 j
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Ac a ~roved.
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Peter B. Lewis, Mayor
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Peter B. Lewis was the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the MAYOR of the CITY OF AUBURN to be the free and voluntary
act of such party for the uses and purposes mentioned in this instrument.
Dated ' }~z
,
' 'i
~ru y } ti p ryt
ctiY" A. RICHARDSON
Residing at
My appointment expires z--
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Right of Entry and Construction Agreement
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