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RESOLUTION NO. 41 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A TEMPORARY SEWER
EASEMENT AND RIGHT-OF-ENTRY AND
CONSTRUCTION AGREEMENT WITH KERSEY 3
IMPROVEMENTS, LLC TO COMPLETE CONSTRUCTION
OF SEWER IMPROVEMENTS WITHIN ROEGNER PARK
ASSOCIATED WITH PRIVATE DEVELOPMENT
WHEREAS, the Preliminary Plat for Kersey 3, Divisions 1 and 2, requires
the completion of sanitary sewer improvements from their development site
along Kersey Way from 53rd Street to Oravetz Road, then along Oravetz Road
to Roegner Park, then within Roegner Park to the King County Sewer Lift
Station; and
WHEREAS, the Developer of these sewer improvements, Kersey 3
Improvements, LLC, plans to complete construction of these improvements
during the summer of 2007; and
WHEREAS, it is in the City's best interest to allow the completion of the
sewer through Roegner Park with appropriate mitigation rrieasures as identified
in the Right-of-Entry and Construction Agreement and within the conditions of
the permit for construction, FAC07-0008.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4188
May 14, 2007
Page 1
Section 1. The Mayor is hereby authorized to execute a temporary
Sewer Easement and a Right-of-Entry and Construction Agreement with Kersey
3 Improvements, LLC, in substantial conformity with the easement and
agreement attached hereto, marked as Exhibit "1" and Exhibit "2" 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.
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Dated and Signed this day of 2007.
CIT A UR
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PETER B. LEWIS
MAYOR
ATTEST:
Dan le E. Daskam,
City Clerk
AP/F4~bVEJD"AS- TO FO M:
Daniel B. He' ;
City Attorney
Resolution No. 4188
May 14, 2007
Page 2
/
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
TEMPORARY SANITARY SEWER EASEMENT
FAC 07-0008
Reference # (if applicable): N/A
Grantor/Borrower: City of Auburn
Grantee/Assignee/Beneficiary: Kersey 3 Improvements, LLC
Legal Description/STR: Section 31, Township 21 and Range OS
Section 30, Township 21 and Range OS
Assessor's Tax Parcel ID#: 665500-0024, 665500-0030
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, and for benefits to be
derived by the Grantar herein, Grantor, City of Auburn, a municipal corporation of King
County, Washington, hereby conveys and warrants to Kersey 3 Improvements, LLC,
Grantee, a Limited Liability Corporation, its successors and assigns, a temporary
Nonexclusive Easement under, over, through and across the following described real
property for the purpose of laying, installing, and providing warranty maintenance of
samtary sewer lines AND APPURTENANCES THEREOF, said real property being
described as follows:
SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Said Grantee shall have the right entry upon said Easement far the purpose of
construction, maintenance, repair or reconstruction of the above improvements without
incurring any legal obligation or liability therefore upon two weeks notification of the City prior to beginning initial construction or prior to any follow-up maintenance or
repair/reconstruction wark required after initial construction and restoration of the area is
complete.
Said Grantee shall restore the park area and trail to the satisfaction of the Grantor
prior to acceptance of the sanitary sewer construction under FAC 07-0008.
Easement
Page 1 of 2
~
Said Grantee shall provide temporary accommodation for pedestrian traffic around
the area af construction as approved by the City.
, Upon completion of the construction of the sanitary sewer improvements and
acceptance of said improvements by the Grantor, this easement shall be re-conveyed to the
Grantor.
IN WITNESS WHEREOF, said corp ration has caused this instrument to be executed by
its proper officer(s) this -l ' day of , 2007.
Acce prov
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Peter B. Lewis, Mayor
City of Auburn
STATE OF WASHINGTON )
) ss
COUNTY OF K1NG )
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 MAIy'OR of the CITY
OF AUBLTRN to be the free and voluntary act of such party for the uses and purposes mentioned
in this instrument.
Dated _ 'M44
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p~, Iiotary Public in and for the State of Washington
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-Residing at 6 GtW+.d".)
My appointment expires
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File: # 1151
REF. HADEVELOPMENT\Projects\Kersey IIITAC07-0008 - Off-site Sewer Improvements - #f 151
Tegal Documents\Temporary Sewer Easement.DOC
Easement
Page 2 of 2
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EXHIBIT A
LEGAL DESCRIPTIOId
TEMPORARY SANITARY SEWER EASEMENT
A temporary sanitary sewer easement, 20.00 feet in w[dth, over, under, and across portions of the
Southwest quarter of the Southeast quarter and the Southeast quarter of the Southwest quarter of
SecUon 30, and the Northwest quarter of the Northeast quarter and the Northaast quarter af the .
Northwest quarter of Sectfon 31, all in Township 21 North. Range 5 East, Wiltamette Meridian and
Lot 7 0# The Parker Homestead accord[ng to the plat thereof recorded in Volume 8 of Plats at
page 51, Recards of King Counry. Washington having 10.00 feet of such wldth lying on each side
of the following described cerrterllne:
COMMENCING at the Southwest oamer of the Southeast quarter of Sectfon 30, Township 21
Na►th, Range 5 East, Wil(amette Meridian;
THENCE South 89° 05' 03" East, 351.28 feet along the South line af said Section to the West
margin of Oravetz Road;
THENCE North 22° 11' 03" East 39.88 feet along said West margin to the POINT OF BEGINNING
of herein descrfbed centerline;
THENCE Santh 88° 22' 51° West, 367.34 feet;
THENCE Sauth 52° 36' 03° West, 261.35 feet;
THENCE South 32° 41' 44° West, 300.87 feet;
THENCE South 77° 07' S1° West, 98.18 feet to the terminus of herein described centerline.
EXCEPT any portion iying within 41st Street S.E.
The sEdelines of said easement shall be shortened or Iengthened as necessary as to intersect at
angle points and said West margin.
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ProjectName: Kersey Iil
April 24, 2007
Revised: May 15, 2007
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EXHIBIT B
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Soofa: . For: Job Ntmtber
Mxi'°`cf V-10°' `m``d N` KERSEY III 11394
NA ' 7a2t5 72ro AvWUe sam~
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~8ANITARY SEWER -
ahL ENcwMwc, Lario
~ ~ SWWDM. EA3EMENT EXHIBIT
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information. _
RIGHT-OF-ENTRY AND CONSTRUCT{ON AGREEMENT
FAC 07-4008
Reference # (if applicable): N/A
Grantor/Borrower: City of Auburn
Grantee/Assignee/Beneficiary: Kersey 3 Improvements, LLC
Legal Description/STR: Section 31, Township 21, Range 05.
Section 30, Township 21, Range 05
Assessor's Tax Parcel ID#: 665500-0024, 665500-0030
In consideration of the mutual benefit contained herein and for other valuable
consideration, City of Auburn, (Grantor), a municipal corporation of King county,
Washington, hereby grants to Kersev 3 Improvements, LLG (Grantee), a Limited
Liabilitv Corporation, its con#ractors, employees, agents, successors and assigns, the
right to enfier upon that portion of land (described as Roegner Park located at 601
Oravetz Road, Auburn, WA 98001 in Attachments 'A' and `B' attached hereto and
incorporated herein by reference) required for the purpose of construction of sanitarv
sewer lines and appurtenances fhereof, as required for completion of the FAC 07-0008.
SPECIAL STtPULATIONS
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
the areas as described in Attachments 'A' and B', to complete the construction work
as set forth above.
2. Grantee agrees, to leave the property in as good a condition as existed on the ciay
construction commenced and restored per the requirements shown on the approved
plans for FAC 07-0008. 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 Gonstruc#ion Agreement shall continue
in full force and effect from the date of the Notice to Proceed issued for FAC 07-
Right of Entry and Construction Agreement
Page 1 of 3
0008 until completion of all warranty work and acceptance by the Grantor of all work
required under FAC 07-0008 provided that Grantee gives adequate nofice to the
Grantor of the commencement of construction.
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
minimizing inconvenience to the property.
5. Grantee agrees to compensate the Grantor for inconvenience to the full enjoyment
and use af the park during these construction activities and any warranty work
activities necessary at the rate of $1,000.00 per wee.k during any week in which
construction or warranty work occurs. Compensation will be made prior to final
acceptance by the Grantor of the eonstruction work under FAC 07-0008 for the
initial construction impact and prior to acceptance of any warranty work necessary
under FAC 07-0008.
6. Grantor authorizes and appoints Grantee as its agent and attorney-in-fact ta make
application for any and all permits required to complete the project.
7. 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 #he project. No storage of materials or parking, except that as
required for immediate activities on site for any work day, will be permitted within the
temporary construction easement. 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 #o indemnify and hold harmless the Grantor against
and from any and all liability for losses, damages and expenses on account of
darnage to property or injury to persons resulting from or arising out of the rights
herein granted to Grantee and/or its contractors, employees, agents, successors or
assigns.
Dated this day of 2007.
Accepted:
Kersey 3 lmprovem nts, LC
Acc ted ve .
~
~
Peter S. Lewis, Mayor
City of Auburn
Right of Entry and Construction Agreement
Page 2 of 3 :
STATE OF WASHINGTON}
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that M. Gary La Sala
is/are the person(s) who appeared before me, and said person(s)
acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were
authorized to execute the instrument and acknowledge as the
04.t,a e/' of Kerse~y 3 1rn~rov~.rnCn#s LLC. a
limited lia ility company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated 515/v7
.•`••P~ MeKFti
: •'a`r OTA1q • • : Ll 5/9 L /~~~er~rie. ~,r
Notary Public in and for the State of Washington
Residing at /Yk,~~w14
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,~ti My appointment expires ! - !lo
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F VVASN~.
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 if as the MAYOR of
the CITY OF AUBURN fo be the free and voluntary act of such party for the uses and purposes
mentiory~ in this instrurnent
Dated 444 L~. 6d ~
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H:\DEVELOPMEN'T1ProjectslKersey 1111FAC07-0008 - Off-site Sewer Improvements -#11511Legal Documents\Right of Entry and
Construction 0507.DOC
Right of Entry and Construction Agreement
Page 3 of 3
ATTACHMENT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement, 50.00 feet in width, over, under, and across portions of the
Southwest quarter of the Southeast quarter and the Southeast quarter of the Soufhwest quarter of
Section 30, and the Northwest quarter of the Northeast quarter and the Northeast quarter of the
Northwest quarter af Section 31, all in Township 21 North, Range 5 East, Willamette Meridian and
Lot 7 of The Parker Homestead according to the plat thereof recorded in Volume 8 of Piats at
page 51, Records of King County, Washington, described as follows:
COMMENCING at the Southwest corner of the Southeast quarter of Section 30, Township 21
North, Range 5 East, Willamette Meridian;
THENCE South 89° 05' 03" East, 351.28 feet along the South line of said Section to the West
margin of Oravetz Road;
THENCE Narth 22° 11' 03" East 12.58 feet along said West margin to the POINT OF BEGINNING;
THENCE South 88° 22' 51" West, a distance of 347.40 feet;
THENCE South 50° 51' 41" Wesf, a distance of 245.15 feet;
THENCE South 34° 29' 42" West, a distance of 309.09 feet;
THENCE South 77° 07' 51" West, a distance of 73.08 feet;
TNENCE South 29° 47' S2" West, a distance of 150.63 feet;
TNENCE South 59° 00' 37" West, a distance of 166.51 feet;
THENCE South 42° 16' 49" West, a distance of 263.75 feet;
THENCE South 47° 43' 11" East, a distance of 34.52 feet;
THENCE South 42° 16' 49" West, a distance of 50.00 feet;
THENCE North 47° 43' 11" West, a distance of 84.52 feef;
THENCE North 42° 16' 49" East, a distance of 321.11 feet;
THENCE North 59° 00' 37" East, a distance of 160.83 feet;
THENCE North 29° 47' 52" East, a distance of 159.52 feet;
THENCE North 77° 07' 51" East, a distance of 75.48 feef;
THENCE North 34° 29' 42" East, a distance of 296.78 feet;
THENCE North 50° 51' 01" East, a distance of 269.32 feet;
THENCE North 41 ° 33' 35" East, a distance of 73.02 feet;
THENCE South 48° 28' 25" Easf, a distance of 77.82 feet;
THENCE North 88° 22' 51" East, a distance of 279_73 feet;
THENCE South 22° 11' 03" West, a distance of 54.65 feet to the P01NT OF BEGINNING.
EXCEPT any portian lying within 41 st Street S.E.
Containing 86,445 square feet ar 1.98 acres, more or less.
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Project Name: Kersey III o
May 15, 2007
Revised: May 23, 2007
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