HomeMy WebLinkAboutITEM VIII-B-4
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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<
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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
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Title:
PERIMETER ROAD MAP
EXHIBIT B
Job Humber
10094
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Title:
PERIMETER ROAD MAP
EXHIBIT B
Job Number
10094
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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
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Job Nom".,.
10094
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BOEING OWNED FACILITIES
EXHIBIT E ~ 0' 4
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10094
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BOEING OWNED FACIUTIES
EXHIBIT E ~Of 4
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EXHIBIT E
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Job Number
THE BOEING
CORPORA TION
10094
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Title:
BOEING OWNED FACILITIES
EXHIBIT E ~of 4
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EXHIBIT E
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THE BOEING
CORPORA TION
Job Number
10094
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CML ENGINEERING, lAHO
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Title:
BOEING OWNED FACILITIES
EXHIBIT E
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