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HomeMy WebLinkAboutITEM VIII-B-4 * <~~ ABHUftN /<- ---" WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No< 3925 October 5, 2005 Department: I Attachments: Budget Impact: Public Works Resolution No< 3925 $0 Administrative Recommendation: City Council to introduce and adopt Resolution No< 3925< Background Summary: Resolution No< 3925 authorizes the Mayor to execute an agreement with The Boeing Company for the purpose of transferring the title for Perimeter Road from The Boeing Company to the City< W1017-4 A3<13<3,04<9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: o Building o M&O o Airport o Finance o Cemetery o Mayor o Hearing Examiner o Municipal Serv< o Finance o Parks o Human Services o Planning & CD o Fire o Planning o Park Board ~Public Works , ~ Legal o Police o Planning Comm< o Other I ~ Public Works o Human Resources Action: Committee Approval: OYes ONo Council Approval: OYes ONo Call for Public Hearing _1-.-1- Referred to Until --.J_I_ Tabled Until _1_1- Councilmember: Waoner I Staff: Dowdv Meetina Date: October 17, 2005 litem Number: VIILBA AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3 9 2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE BOEING COMPANY FOR THE PURPOSE OF DEDICATING PERIMETER ROAD AS PUBLIC RIGHT OF WAY WHEREAS, The Boeing Company (Boeing) is the owner of certain real property ("Boeing Property"), known as the Auburn Fabrication Plant, located in the City of Auburn, King County, Washington, more particularly described in Exhibit A of Exhibit 1; and WHEREAS, A private road known as Perimeter Road runs along the western boundary of the Boeing Property, as approximately shown on Exhibit B of Exhibit 1 < The Perimeter Road corridor is more particularly described on Exhibit C of Exhibit 1 ("Perimeter Road Property"); and WHEREAS, The City has determined that the addition of Perimeter Road to the City's north-south roadway network would enlarge and enhance that network to the public benefit. Therefore, the City desires that Boeing (a) dedicate the Perimeter Road Property to the City for use as a public road and (b) pay for certain improvements necessary to bring Perimeter Road to City standards; and WHEREAS, The Perimeter Road Property includes several drainage ditches into which the Perimeter Road Property and portions of the adjacent Resolution No< 3925 October 17, 2005 Page 1 Boeing Property drain ("Drainage Ditches"). Most of the storm water from the Drainage Ditches infiltrates into the ground; however some water from the Drainage Ditches flows into Boeing's storm water system, which serves the Boeing Property. In connection with the dedication of the Perimeter Road Property to the City, Boeing has agreed to grant the City a storm water drainage easement to allow the Drainage Ditches to continue to flow into Boeing's storm water system and the City has agreed to grant Boeing the right to allow those portions of the Boeing Property that currently drain into the Drainage Ditches to continue to drain into the Drainage Ditches. These easements are not intended to allow any increased flow beyond the storm water system's current capacity, which was studied in connection with the Auburn Fabrication Plant Development Agreement entered into by the parties as of April 21, 2005 and recorded in the real property records of King County under recording number 20050527000093 ("Boeing Development Agreement"); and WHEREAS, Boeing is willing to dedicate and quitclaim its title to the Perimeter Road Property to the City, and the City desires to take title to the Perimeter Road Property, subject to the terms and conditions contained in the Dedication and Easement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 3925 October 17, 2005 Page 2 Section 1. The Mayor is hereby authorized to execute a Dedication and Easement Agreement with The Boeing Company, in substantial conformity with the agreement attached hereto, marked as Exhibit 1 and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of ,2005. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 3925 October 17, 2005 Page 3 Exhibit 1 - Return Address Perkins Coie, LLP 1201 Third Avenue, Suite 4800 Seattle, WA98101 Attn: Tia Brotherton Heim Document Title(s) (or transactions contained therein): I. Dedication and Easement Agreement Reference Number(s) of Related Documents: N/A (on page ofdocuments(s)) Grantor(s) (Last name first, then first name and initials): 1. The Boeing Company 2. City of Auburn Grantee(s) (Last name first, then frrst name and initials): 1. The Boeing Company 2. City of Auburn Legal description (abbreviated: i.e. lot, block, plat or section, township, range) [R] Full legal is on Exhibits A, B, and C of document. Assessor's Property Tax Parcel/Account Number DEDICATION AND EASEMENT AGREEMENT This Dedication and Easement Agreement ("Agreement") is made as of the day of _,2005, by and between THE BOEING COMPANY, a Delaware corporation ("Boeing"), and the CITY OF AUBURN, a municipal corporation of the State of Washington (the "City"). RECITALS A. Boeing is the owner of certain real property ("Boeing Property"), known as the Auburn Fabrication Plant, located in the City of Auburn, King County, Washington, more particularly described in EXHIBIT A. B. A private road known as Perimeter Road runs along the western boundary of the Boeing Property, as approximately shown on EXHIBIT B. The Perimeter Road corridor is more particularly described on EXHIBIT C ("Perimeter Road Property"). C. The City has detennined that the addition of Perimeter Road to the City's north-south roadway network would enlarge and enhance that network to the public benefit. Therefore, the City desires that Boeing (a) dedicate the Perimeter Road Property to the City for use as a public road and (b) pay for certain improvements necessary to bring Perimeter Road to City standards. D. The Perimeter Road Property includes several drainage ditches into which the Perimeter Road Property and portions of the adjacent Boeing Property drain ("Drainage Ditches"). Most of the storm water from the Drainage Ditches infiltrates into the ground; however some water from the Drainage Ditches flows into Boeing's . storm water system, which serves the Boeing Property. In connection with the dedication of the Perimeter Road Property to the City, Boeing has agreed to grant the City a storm water drainage easement to allow the Drainage Ditches to continue to flow into Boeing's storm water system and the City has agreed to grant Boeing the right to allow those portions of the Boeing Property that currently drain into the Drainage Ditches to continue to drain into the Drainage Ditches. These easements are not intended to allow any increased flow beyond the storm water system's current capacity, which was studied in connection with the Auburn Fabrication Plant Development Agreement entered into by the parties as of April 21, 2005 and recorded in the real property records of King County under recording number 20050527000093 ("Boeing Development Agreement"). E. Boeing is willing to dedicate and quitclaim its title to the Perimeter Road Property to the City, and the City desires to take title to the Perimeter Road Property, subject to the terms and conditions contained in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Boeing hereby dedicates and quitclaims to the City the Perimeter Road Property, as more particularly described in EXHIBIT C and as depicted on EXHIBIT B, together with all street lights, gates and other improvements located thereon, subject to the reservations set forth in Section 8 below. This dedication is made subject to and conditioned upon the following terms, conditions, and covenants, which Boeing and the City promise to fully observe and perform: 1. Public Right-of-Way and Access Points The City shall maintain Perimeter Road as a public right-of-way, with the existing access points from the Perimeter Road public right-of-way to the Boeing Property, in the locations shown on EXHIBIT B, and any additional access points later requested by Boeing, provided such requests meet City requirements. Approval of Boeing requests for additional access points shall not be unreasonably conditioned, delayed or withheld by the City. 2. Storm Drainage Easements 2.1 To the City Boeing hereby grants to the City a perpetual non-exclusive easement to allow storm water from the Drainage Ditches to continue to flow into the Boeing storm water system in substantially the same manner and volume that exists as of the date of this Agreement. The City shall ensure that all storm water from the Perimeter Road Property shall comply with standards set forth in applicable law. In the event of spill or other discharge into the Drainage Ditches of hazardous materials that could impact the Boeing storm water system, the City shall notify Boeing of such spill or discharge as soon as feasible to facilitate Boeing's isolation of its storm water system. The City acknowledges that such isolation of the Boeing stormwater system is only possible for spills into the Drainage Ditches located on the east side of Perimeter Road. Without limiting any responsibility of the City or any third party under applicable law, the City shall make a good faith effort to clean up or contain such hazardous materials, and shall provide Boeing with information regarding the source of the spill or discharge. 2.2 To Boeing The City hereby grants to Boeing a perpetual non-exclusive right to allow portions of the Boeing Property to continue to drain into the Drainage Ditches in substantially the same manner and volume that exists as of the date of this Agreement. Boeing shall ensure that all storm water entering the Perimeter Road Property from the Boeing property shall comply with standards set forth in applicable law. 3. Improvements Boeing agrees to make the following improvements to the Perimeter Road Property, at no cost to the City (the "Improvements"). All improvements shall be . completed in a careful and workmanlike manner, free of claims or liens. Boeing shall comply with the City's Facility Extension Process in the design and construction of the Improvements. All contractors and other third parties retained by Boeing in connection with the construction of the Improvements shall be licensed by the State of Washington and shall carry Commercial General Liability insurance with limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. 3.1 Pavement Improvements Boeing shall seal and repair all existing pavement comprising Perimeter Road to the extent necessary to accommodate, in accordance with customary road improvement practices, an overlay of 1.5 inches of asphalt pavement and shall install such overlay, together with new traffic lane channelization to Perimeter Road (collectively "Pavement Improvements"). Boeing agrees to design and construct the Pavement Improvements to City standards and convey them to the City, and the City agrees to accept the Improvements upon completion. Boeing shall submit plans for all Pavement Improvements to the City Public Works Department for approval and permits, in accordance with normal City standards and requirements, prior to commencement of construction. All Pavement Improvements shall be completed no later than December 31, 2008. 3.2 Lighting Boeing shall conduct a street light analysis, using the City standards that are effective at the time that the analysis is conducted ("Street Light Analysis"), to determine (a) which existing street lights may continue to serve Perimeter Road and (b) the locations in which additional street lights are required to serve Perimeter Road. Boeing shall install all of the new street lights deemed necessary by the Street Light Analysis and shall connect any existing street lights serving Perimeter Road to a City- metered street light circuit. Boeing shall complete all such installations and connections no later than December 31, 2008. From and after the completion of such installations and connections, all street lights serving Perimeter Road shall be owned, maintained and operated by the City at the City's sole cost and expense. Prior to completion of the street light improvements contemplated in the preceding paragraph, Boeing shall maintain and operate in accordance with its past practice, all existing street lights serving or located on the Perimeter Road Property, until such time as those street lights are deemed unnecessary by the Street Light Analysis or are connected to a City-metered street light circuit. 3.3 Pedestrian Pathway Boeing shall install an asphalt-paved pedestrian pathway on the west side of the Perimeter Road Property ("Pathway"), as shown on EXHIBIT B. The Pathway shall be five (5) feet wide and shall be constructed to the City standards existing at the time of Pathway construction. The Pathway shall be installed no later than December 31, 2008. From and after the completion of the Pathway, the Pathway shall be owned, maintained and operated by the City at the City's sole cost and expense. 3.4 Traffic Signal Boeing shall purchase and cause to be installed on or before December 31, 2008 a new traffic signal, designed and constructed to City standards, for the intersection of Perimeter Road and West Boulevard ("New Traffic Signal"). This intersection shall be relocated as shown on EXHIBIT B. Boeing shall remove the existing traffic signal shown on EXHIBIT B ("Boeing Traffic Signal") and install the New Traffic Signal, which shall be owned, maintained and operated by the City at its sole cost and expense. Until the Boeing Traffic signal is removed, Boeing shall maintain it at Boeing's sole cost and expense. Boeing agrees to release, indemnify, and promises to protect, defend, and save harmless the City from and against any and all liability, loss, damage, expense, action, and claim, including costs and reasonable attorneys' fees incurred by the City in defense thereof, asserted or arising directly or indirectly on account of Of out of any third party claim for bodily injury to or death of any person or loss of or damage to any property to the extent caused or alleged to have been caused, in whole or in part, by the Boeing Traffic Signal, except to the extent resulting from the negligence or willful misconduct of the City, its agents, employees, or contractors. This indemnity shall not apply to any liability, loss, damage, expense, action, or claim, including costs and reasonable attorneys fees, incurred by the City in defense thereof, asserted or arising directly or indirectly on account of or out of any damage or injury caused or alleged to have been caused, in whole or in part, by the New Traffic Signal. 3.5 Release of Liability The City hereby acknowledges that Boeing will engage contractors and other third parties to supply the materials and perform the work necessary to design and construct the Improvements. Boeing shall have no responsibility or liability for, and is hereby released by the City from, any and all defects in materials or workmanship in connection with the Improvements, other than with respect to work performed by employees of Boeing. In consideration of such release, Boeing shall assign to the City all warranties received by Boeing from contractors and other third parties in connection with the construction of the Improvements. Boeing shall specify in all contracts for Improvements that the Improvements shall be warranteed for a period of at least one year from the City's acceptance of the Improvement. 4. Temporary Construction Right of Entry The City hereby grants to Boeing for the benefit of Boeing, its contractors, consultants, agents, officers and employees, a temporary non-exclusive right of entry over, across, along, in, upon, under and through the Perimeter Road Property for the purpose of making the Improvements required by this Agreement and performing any other obligations with respect to the Perimeter Road Property set forth in this Agreement. This right of entry shall commence on the date of this Agreement and shall terminate on the date of the City's acceptance of all of the Improvements. 5. Condition of the Perimeter Road Property The City accepts the dedication of Perimeter Road Property "as is", except as otherwise provided in this Agreement, and will not require Boeing to conduct any boring, sampling or testing that is not specifically described in this Agreement. 6. Gates; Security and Road Closure 6.1 Maintenance of Gates The City acknowledges the special security concerns and requirements associated with the waste water treatment facility and electrical substation located on the Boeing Property adjacent to Perimeter Road. The City shall maintain in good operating condition the gates currently located on the Perimeter Road Property, shown on EXHIBIT B ("Gates"), until such time as (a) Boeing notifies the City that the Gates are no longer necessary for security purposes; or (b) the waste water treatment facility and electrical substation located on the Boeing Property are removed. If the City removes the Gates, such removal shall be at the City's sole cost and expense. 6.2 Closure Upon an elevation of the National Threat Advisory level issued by the United States Department of Homeland Security, or as directed by the Chief Security Officer of Boeing or his or her duly appointed representative, the City may close the Gates or Boeing may request the City to close the Gates, thereby closing Perimeter Road to the public. Boeing shall request such Gate closure by calling the City's 911 dispatch system. The City shall respond to such Boeing request and close the Gates within 30 minutes of receiving such request. The City hereby grants Boeing the authority to close the Gates, thereby closing Perimeter Road to the public, in accordance with the tenns of this Section 6.2, if the City fails to close the Gates within 30 minutes of any such request for closure by Boeing. If Boeing closes the Gates in accordance with the terms of this Agreement, Boeing shall warn drivers of such closure by stationing a Boeing security officer at each Gate until the City is able to post appropriate road closure and detour signage; provided that the City shall post such signage as soon as possible. No documentation shall be required in connection with any closure contemplated by this Section 6.2. 6.3 Road Closure Plan For purposes of the road closures contemplated by Section 6.2 above, Boeing shall reimburse the City for the costs of the road closure and traffic control supplies ("Road Closure Supplies") set forth in EXHIBIT D. The Road Closure Supplies shall at all times be available and used solely for closures of Perimeter Road and not for any other purpose or project. Boeing shall provide such reimbursement for Road Closure Supplies within two (2) months of receipt of invoice therefore. This is a one time obligation. The City shall be solely responsible for all maintenance and replenishing of the Road ClosureSupplies. 6.4 Abandoned Vehicles All vehicles that are left unoccupied and unattended on Perimeter Road shall be impounded by the City and removed in accordance with the appropriate Washington State laws. The City, at its sole cost and expense, shall install and maintain signage along Perimeter Road warning that unoccupied and unattended vehicles will be impounded. If Boeing calls the City's 911 dispatch system toreport an unoccupied or unattended vehicle on Perimeter Road, the City shall send its first available police unit to investigate. 7. Signage Within sixty (60) days of the date of this Agreement, Boeing shall remove any existing signage that indicates that Perimeter Road is a private road. All other existing Boeing signage located on the Perimeter Road Property may stay in place; provided that Boeing shall be solely responsible for maintenance and repair of such signage. All new signage to be installed on Perimeter Road shall be to City standards. The City shall be solely responsible for installation of new Perimeter Road street signs. 8. Right-of Way Permit Pursuant to Auburn City Code Section 12.60.040, City staff has reviewed the Exhibits to this Agreement, and the other materials provided by Boeing in the course of negotiating this Agreement and recommended to the Public Works Committee of the Auburn City Council that a right-of-way pennit be granted to Boeing for operation, maintenance, repair, replacement, improvement and/or removal of its monitoring wells and utility facilities located within the Perimeter Road Property, and the Public Works Committee has authorized issuance of said right-of-way pennit. Therefore, this Agreement shall constitute an irrevocable right-of-way pennit issued pursuant to Auburn City Code Chapter 12.60. Said pennit shall be irrevocable and shall run until such time as the City detennines that all Boeing monitoring wells and utility facilities set forth herein have been removed, abandoned, or conveyed to the City. The area subject to this right-of-way permit and the approximate location of such monitoring wells and utility facilities are shown on EXHIBIT E, which shall be amended as necessary to reflect any removal, abandonment, or conveyance of the monitoring wells and utility facilities. Boeing's transfer of the Perimeter Road Property shall constitute payment of the right-of-way pennit fee. 9. As-Built Drawings. Boeing shall provide the City with any existing as-built drawings of the facilities, whether owned by Boeing or being transferred to the City, located within the Perimeter Road Property. 10. Indemnification The City hereby releases, indemnifies, and promises to protect, defend, and save harmless. Boeing and Boeing's divisions, subsidiaries, affiliates, directors, officers, employees and agents (collectively, the "Boeing Parties") from and against any and all liability, loss, damage, expense, action, and claim, including costs and reasonable attorneys' fees incurred by a Boeing Party in defense thereof, asserted or arising directly or indirectly on account of or out of the operation, maintenance or use of the Perimeter Road Property. Boeing hereby releases, indemnifies, and promises to protect, defend, and save harmless the City and the City's officials, employees and agents (collectively, the "City Parties") from and against any and all liability, loss, damage, expense, action, and claim, including costs and reasonable attorneys' fees incurred by a City Party in defense thereof, for third party bodily injury or property damage asserted or arising directly or indirectly on account of or out of any acts or omissions of a Boeing Party or contractor engaged by a Boeing Party during the construction of the Improvements and other activities of Boeing or a Boeing Party pursuant to this Agreement, including improper maintenance of Boeing-owned facilities or equipment or a failure to address structural defects in those facilities or equipment, except that this Section excludes claims that are released as set forth in Section 3.5 of this Agreement. It is further specifically and expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties, and shall survive the expiration or termination of this Agreement. 11. Notices Notices required to be in writing under this Agreement shall be personally served or sent by U.S. mail. Any notice given by hand shall be deemed given when delivered and any notice sent by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S. mail, postage prepaid, and addressed as follows: To Boeing: The Boeing Company P.O. Box 3707 M/C 7H-AH Seattle, W A 98124-2207 Attention: Director of Real Estate With a copy to: The Boeing Company Boeing Law Department 7755 E. Marginal Way S. Seattle, WA 98108 Attention: Gerald L. Bresslour And a copy to: The Boeing Company Work Place Services 2400 Perimeter Road Auburn, WA 98002 Attn: Facilities Director To City: City of Auburn 25 West Main Street Auburn, W A 98001 Attn: Dennis Dowdy Either party may change the address to which notices may be given by giving notice as above provided. 12. Successors and Assigns This Agreement touches and concerns the land and shall run with the Perimeter Road Property and the Boeing Property. The rights and obligations of Boeing and the City shall inure to the benefit of, and be binding upon, their successors and assigns. 13. Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue shall be in King County, Washington. 14. Recording This Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department by the City within twenty (20) days of execution by the parties and approval of the Agreement by resolution of the Auburn City Council. 15. Severability If any provisions of this Agreement are determined to be unenforceable or invalid by a court oflaw, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. 16. Authority The City and Boeing each represent and warrant it has the respective power and authority to bind said entity to perform its respective obligations under this Agreement. The City and Boeing, and their respective representatives who sign this Agreement, each represent and warrant each has been duly authorized to execute and deliver this Agreement. 17. Amendment This Agreement shall not be modified or amended without the express written approval of the City and Boeing. 18. Captions and Capitalized Terms The captions preceding the text of each section are included only for convenience of reference. Captions shall be disregarded in the construction and interpretation of this Agreement. -Capitalized terms are also selected only for convenience of reference and do not necessarily have any connection to the meaning that might otherwise be attached to such term in a context outside of this Agreement 19. Non-Waiver The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. 20. Exhibits Exhibits A, B, C, D, and E are incorporated herein by this reference as if set forth in full herein. 21. Integration This Agreement and incorporated exhibits represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement shall not be deemed to amend or supersede the Boeing Development Agreement. 22. Dispute Resolution In the event of any dispute relating to this Agreement, any party may require a meeting, upon seven (7) days written notice to the other party to allow the parties to endeavor to seek in good faith to resolve the dispute. The City shall send a department director and staff persons with information relating to the dispute, and Boeing shall send an owner's representative and any consultant or other person with technical information or expertise related to the dispute, and the meeting shall take place within thirty (30) days of the notice. If the dispute is not resolved following this meeting, the matter shall be referred to the Auburn City Council at the option of either party for review within thirty (30) days of its referral. This provision shall not preclude the disputing party from initiating any administrative or judicial appeal within applicable time limits while complying with these dispute resolution procedures, provided, however, that the disputing party shall complete the dispute resolution procedures required by this Section. 23. Construction This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. 24. Cooperation The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. [The remainder of this page is intentionally left blank.] AGREED this day of ,2005. THE CITY OF AUBURN THE BOEING COMPANY By: Peter B. Lewis Its: Mayor By: Its: ATTEST: Daniel B. Heid, City Attorney . STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day of , 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of the CITY OF AUBURN, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the municipal corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day of , 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared , to me known to be the person who signed as of THE BOEING COMPANY, the 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 was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: EXHIBIT A LEGAL DESCRIPTION OF BOEING PROPERTY (AUBURN) Lots 4, 5, 6, 10, and 11, City of Auburn Lot Line Adjustment No. LLA02-oo15, as recorded under Recording No. 20020725001632, Records of KIng County, Washington; AND Lots 2, 3. 7, 8, 9, 12, and 14, City of Aubum Lot Line Adjustment No. LLA03-0004, as recorded under Recording No. 20030321002048, Records of King County, WashIngton. . Project Name: Boalng - Auburn September 2, 2005 DJSljss 10094L.082.doc EXHIBIT B ..-",... ~ 15th "'STREET SW APPROXIMATE lOCATK)N OF PROPOSED ASPHALT PAVED PEDESTRIAN PATHWAY 1 ~ RlC) <0 r . 500' APP.ROXIf.1ATE LOCATION OF EXISTING~ TRAFFIC SIGNAl TO BE RElDGATEO \ ." , APPROXIMATE LOCATION OF NEW------y TRAfFIC SIGNAL AND NEW ' INTERSECTION 44+70 I , o' (,j ~. ~. ~. "I;' {C. . q: " ~. O' , (f) .... g I f1 ~5 APPROXIMATE LOCATION Of PROPOSED ASPtW..T PAVED PEDESTRIAN PATHWAY ACCESS POINT 14+70:1: Scale: Horizontal 1-..500' Verticol p. ttA.~..... 18215 7ZND AVENUE SOUTH .~~ ('20)2$1-6222 ~ . :~:_:2FAX ~'j ... Ii eMl ENGINEERING, lAND "I:t",_ ~ PlANNING, SURVEYING, ... ENVIRONMENTAl SERVICES For: SIGtW.. 51 +90::1: ACCESS POINT 49+60:1:. 12 8 :j/O \..v>-<J 9 bt 7 OObt ~)/ \..~ THE BOEING CORPORA TION Title: PERIMETER ROAD MAP EXHIBIT B Job Humber 10094 -, -.!. 01 2 -,; "- b , ~ ;:: 0; e x ~ " !. 8 ~ " ;; 8 ~ <D <D ~ o o ~ :0- ~ ;; E <= ? 8 ~ . ~ d g g o 2- " ~ <:; g: o 2 ~ ;:;- a: Ii! o' () :;" ~ ~. ~ 9! Cl:'.. ~'., o' II) ..... & I C1 :Is APPROXlldATE lOCATION OF PROPOSED ASPHAlT PAVED PEDESTRIAN PATHWAY ACCESS POINT 14+70:1: 0: 0: :>' <. z o. z: < 0:. a: ;i. 0' ACCESS POINT 12+00:f: 4 ACCESS POINT S+40t GATE 0+30:1: - . 0+00 1ST AVE. N. ~ r - 500. 5<0,., Horizonlof '''-500' Ver!icol ~H~ 18215 72NO AVENUE SOUTH , KENT. WA 98032 .',. (425)251~6222 " J\-,. (425)251-8782 F'AX ~'<t,~r;! CML ENCINEERING, lAND ~~'""'*" PlANNINC. SURVEYiNG. ~ ENVIRONMENTAl. SERVICES EXHIBIT B (;) Ilt :)....0 \...\J-\) 7 OOIlt !0J.... \...~ 3 OOIlt \)-\) .... 14 \.,: 2 iii > < o ii: o < ll. For: THE BOEING CORPORA TION Title: PERIMETER ROAD MAP EXHIBIT B Job Number 10094 - ~oI2 EXHIBIT C LEGAL DESCRIPTION OF PERIMETER ROAD DEDICATION . That portion of Lots 4, 5, 6, 10, and 11, City of Auburn Lot Line Adjustment No. LLA02-OO15, as recorded under Recording No. 20020725001632, Records of King County, Washington and of Lot 8, City of Auburn Lol Line Adjustment No. LLA03-0004, as recorded under Recording No. 20030321002048, Records of King County, Washington, being portions of Section 24 end 25, Township 21 North, Range 4 East, Willamette Meridian, described as follows: COMMENCING at the Southeast corner of said Section 25; THENCE North 89" 33' 10" Woot along the South line of said Section 25, a distance of 519.40 feet; THENCE North 00" 26' 50' East, 20.00 feet; THENCE North 89" 33'10" Woot, 1,453.04 feel: THENCE North 01" 12'19" East, 1,299.17 feet; THENCE North 89" 22' 50" West, 638.13 feet; THENCE North 01" 10' 46" East, 1,351.08 feet to the South line of said Lot 4; THENCE North 89" 11' 23" Wast, 1,717.92 feet along the South line of said Lot 4 to the Southwest comer of said Lot 4 and the East margin of the Chicago, Milwaukee, 51. Paul & Pacific Ra/lroad and tha TRUE POINT OF BEGINNING; THENCE North 00" 57' 29" East along said East margin and the West line of saId Lois 4 and 5, 1,303.34 feet to the beginning of a 2,184.79-foot radius curve to the right; THENCE along the arc of said curve along said margin and the West /lne of Said Lots 4, 5, and 10, passing lhrough a central angle of24" 28' 14", a distance of 1,202.17 feet; THENCE North 25" 25' 43" East along said East margin and the West line of said Lots 5,6, 8, 10, and 11, a distance of 3,247.84 feet to the bJ'lginning ota 2,914.79-foot radius curve to tha left; THENCE along said curve along said East margin and the West line of said Lot 8, passing through a central angle of 120 16' 240, a distance of 824.38 feet to the Northwest comer of said Lot 8: THENCE North 88" 49' 47" East along the North line of said Lot 8, a distance of 210.50 feet to the Northeast corner of said Lot 8; THENCE South 45" 21' 000 West along the East line of said Lot 8, a distance of 55.85 feet; THENCE South 13" 18' 25" Wast along said East line, a distance of 66.29 feet to the begInning of a 885.00.foot radius curve to the righl; THENCE along the arc of saId curve along said East fine, passing through a central angle of 12" 55' 08", a distance of 199.55 feet; THENCE South 26" 13' 33" West along said East line, a distance of 923.09 feet; THENCE North 63" 46' 27" West, 10.00 feet; THENCE South 26" 33' 08" West, 217.64 feet; THENCE South 28" 30' 03" West, 27.10 feet; THENCE South 24" 48' 50" West, 64.85 feet; THENCE South 27" 08' 24" West, 31.00 feet; THENCE South 25" 00' 28" West, 137.68 feet; THENCE South 25" 04' 58" West, 252.71 feet; THENCE South 250 34' 51" Wast, 401.13 feet; THENCE North 840 34' 17" West, 13.85 feet: Project Nama: Boeing - Auburn September 2, 2005 DJSljss 10094L.083.doc Page 1 of2 THENCE South 25.25' 43' West, 1565.63 feet to the beginning of a 2719.79-foot radius curve to the left; THENCE along said curve, passing through a central angle of 10' 35' 59", a distance of 503.16 feet; THENCE South 14049' 44" West, 300.68 faet; THENCE South 09. 11' 29" Wast, 219.86 feet; THENCE South 01. 25' 15" West, 165.63 feet; THENCE South 000 57' 29" West, 874.21 feet; THENCE South 030 42' 34" East, 407.15 feet to the beginning of a 25.00-foot radius curve to the teft; THENCE along said curve, passing through a central angle of 850 28' 49", a distance of 37.30 feet to the South line of said Lot 4; THENCE North 89" 11' 23" Wesl,138.12 feet along said South line to the TRUE POINT OF BEGINNING. . Project Name: Boeing - Auburn September 2, 2005 DJSljss 10094L.083.doc Page 20f2 Exhibit D: Road Closure Plan Road Closure SU0>ly List: 4 Ea "Perimeter Road Closed Use Alt. Route" Orange wi black 36"x36" 4 Ea Type III Barricades wi battery powered flashing beacons and wi "Road Closed" signs attached 1 Ea "Road Closed Ahead" sign 10 Ea Flags for warning signs EXHIBIT E ~ f - 200' 15th STREET SW PRIVATE SANITARY SEWER SIGNAL 1 .;; k ~':> <::)<:5 l ~A.{ ~ MONITORING WELL (TYPICAL) 2 8 .Q I 8 ~ " ~ c ~ ,., ~ :g o S ;:;. ~ E "'- . .)j PRIVATE SANITARY SEWER ~ . " o o ~ , ~ o 2 ;e .; ~ ~ 8 ::;- '" " '" ACCESS POINT 49+60:1: MATCH WITH SHEET 2 1"=200' Vertfc:ol For: THE BOEING CORPORA TION Job Nom".,. 10094 Shoe' CML ENGINEERING. lAND PlANNING. SURVEYING, ENVIRONMENTAL SERVICES on Title: BOEING OWNED FACILITIES EXHIBIT E ~ 0' 4 . EXHIBIT E MATCH WITH SHEET 1 ~ ~ , r . 200' WATER SERVICE 1 PRIVATE SANITARY SEWER n MONITORING WELLS STORM DRAIN 6 t.r) ..... 8 I & ::s -....J OVERHEAD POWER 32+BOf OVERHEAD POWER 31+70f --, MATCH WITH SHEET 3 Sea's: HorizonltM '-.200' Vertical ..tP"~... 1821!5 72ND AVENUE SOUTH ~ (425)251-6222 ~ . ;:;;-::: rAX '?I. 'i ~.,! CML ENGINEERING. LIND 'tt..... "p PlANNING. SURVEYING. ."" ENIflROllMENTAl. SERVICES For: Job Number THE BOEING CORPORA TION 10094 -, Title: BOEING OWNED FACIUTIES EXHIBIT E ~Of 4 - ~ r . 2001 EXHIBIT E PRIVATE SANITARY SEWER o Scale: Horizontal ,"=200' Vertical -,"A~ 1821~ 12M) AVENUE SOUTH . (4")251-622' . . :;2:-=FAX Ii 'j . ';dPJ! CMt ENGINEERING. lAND "t".~ PlANNING. SUR'IEY1NG. -''''EllG ENVIRONMENTAl. SERVICES MONITORING WEll PRIVATE SANITARY SEWER (FORCE MAIN) - 0 POWER ACCESS ll) POINT 20+ 60:10 ..... (5 I /;1 -3" " ACCESS POINT 14+70 MATCH WITH SHEET 4 For: Job Number THE BOEING CORPORA TION 10094 Sh.., Title: BOEING OWNED FACILITIES EXHIBIT E ~of 4 . ~ ~ f - 200' MONITORING WELL Scale: Horizontal 1"=200' Vertical EXHIBIT E MATCH WITH SHEET 3 0+00 ACCESS POINT 12+00t ACCESS POINT S+40t I (() ....... & I (j -3" -....J 1ST AVE. N. For: THE BOEING CORPORA TION Job Number 10094 ...., CML ENGINEERING, lAHO Pl-'NNING. SURVEYING. ENVIRONMENTAL SERVICES "" Title: BOEING OWNED FACILITIES EXHIBIT E 4014