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Home My WebLink About4527 RESOLUTION NO. 4527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE GRANTING OF AN EASEMENT FOR CONSTRUCTION AND PERMANENT OCCUPATION OF THE CITY RIGHT OF WAY IN CONNECTION WITH THE AUBURN REGIONAL MEDICAL CENTER PARKING GARAGE PROJECT WHEREAS, the City Council authorized the sale of certain real property to Auburn Regional Medical Center, Inc., for the purposes of constructing a parking garage building, and further authorized the City to enter into an agreement for the use of a portion of that building; and WHEREAS, as part of the construction of the building, it is necessary to place foundation drains in the City's right of way to an extent that was not initially contemplated in the plans for the building; and WHEREAS, after construction is complete, the foundation drains will not interfere with pedestrian or vehicle access, or with other underground or aboveground utilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to grant construction and permanent occupation easements in substantially the same form as Exhibit A, attached hereto and incorporated herein fully, and to add appropriate legal descriptions to substantially correspond to the diagrams attached hereto as Exhibit B. Resolution No 4527. October 9, 2009 Page 1 of 2 Section 2. That the Mayor is authorized to implement such administrative procedures, including but not limited to allowing immediate access to the right of way for construction purposes, 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 j6 day of 2009. CITY PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No 4527. October 9, 2009 Page 2 of 2 EXHIBIT `A' After recording retum [o: CITY OF AUBURN ATTN: CiTy Clerk 25 W. Main S[reet Aubum, WA 98001 FOUNDATION DRAIN EASEMENT Reference # (if applicable): N/A Grantor/Borrower. City of Auburn Grantee/Assignee/Beneficiary: Auburn Regional Medical Center, Inc. Assessor's Tax Parcel ID#: 0492000340 (Grantee's Property) For and in consideration of One Dollar ($I.00) and other valuable consideration in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington, ("Grantor" herein), hereby conveys and warrants to Auburn Regional Medical Center, Inc, a Washington corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following portion of the Grantor's right-of-way ("Right-of-Way" herein) in KING County, Washington (the "Easement Area"): LEGAL DESCRIPTION FOUNDAT[ON DRAIN EASEMENT AREA A PORTION OF LAND LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTH6AST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL B OF THAT CITY OF AUBURN BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 20080911900016, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 89°49' 10" EAST, ALONG THE SOUTH LINE THEREOF, 20.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°49'10" EAST ALONG SAID SOUTH LINE, 216.02 FEET; THENCE SOUTH 00°10'50° EAST 1.00 FEET; EXHIBIT `A' THENCE SOUTH 89°49' 10" WEST 216.02 FEET; THENCE NORTH 00°10'S0" WEST, A DISTANCE OF 1.00 FEET TO THE POINT OF BEG WNING. CONTAINING APPROXIMATELY 216t SQ. FT. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, and remove permanent foundation drains in the City Right of Way in accordance with the document attached hereto as Exhibit A and incorporated herein fully by reference, for the use and benefit of the real property legally described on Exhibit B attached hereto and incorporated herein by this reference ("Grantee's Property"). 2. Grantee's Use of Easement Area After Construction. After construction, Grantee's right to use the Easement Area is limited to the existing installed structures. Grantee shall have no right to interfere with pedestrian or vehicle access within the City's Right of Way, and Grantee shall have no right to interfere with the placement, operation, or maintenance of utilities in the Right of Way; Provided, that such other uses shall not unreasonably infringe on Grantee's easement rights. Following the initial construction of all or a portion of its sys[ems, Grantee may, from time to time, repair or maintain facilities within the Easement Area as it may require for such facilities. Grantee shall have the right of access to the Easement Area over and across the Right of Way to enable Grantee to exercise its rights hereundec Grantee shall compensate Grantor for any damage to the Right of Way caused by the exercise of such right of access by Grantee. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted; provided, however, Grantor shall not construct or maintain any buildings, structures or other objects that would adversely impact the subsurface Easement Area without the prior written consent of the Grantee. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall [erminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. This easement and the covenants herein shall be covenants running with the land and shall inure to the benefit of and be binding on the successors, heirs, and assigns of both parties hereto, provided that Grantee's rights hereunder shall not be assigned to any other entity (other than any owner or mortgagee of Grantee's Property) without the prior written consent of Grantor which EXHIBIT `A' consent shall not be unreasonably withheld. EXHIBIT `A' DATED this day of 12009. GRANTOR: City of Auburn, a Washington municipal corporation BY: Attest: BY: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2009, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Peter B. Lewis, and Danielle E. Daskam to me known to be the Mayor and City Clerk of the City of Auburn, a municipal corporation [hat executed the within and foregoing instrument, and acknowledged the same 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 they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, Residing at My appointment expires EXHIBIT `A' EXIIM A FOUNDATION DRA1N ARPA DNMN MET 53 s0070'50`E - - - - - - - - - - - - - ~ 1.00, I 30' ~ . ~ ~ I 9 ~ GRAPHIC 3CALE 40 0 20 ~ 1 inch = 40 ft. Q C-4 W to O ~ Z N N .,rnT rn N Z tl'1f ~ c ~ o W i I ~ f RO.. 30' 1 I S.W. CaRNER OF PARCEL B. i~ 1.00' N~N00'10'S0'W PRIZ~ AS= SUplv3:YYtNH lAC. •r.~j P. 0. BO% 110700 TACODU 1fA. 98411 - - - - uT~+wA= OFFICB 253-404-0985 FA% 269-404-0984 meun~ttmi umur . Nimdtr A" ~me nn~m JOB NO. 21(?8-086 Exhibit B Grantee's Propertv Parcel B, City of Aubum Boundary Line Adjustment Number BLA-08-0006, Recorded under Recording Number 2008091 1900016, in King County Washington 200911180012ee.001 I Afka I I r to; CITYOF AUBUkN I~~I~I~I~,I~~Paq~IN~N~I~NV~fI~Ul~l~l~l ~ ! 25 W. Main Slreet 20091118001266 A'~'`'" `l` Aubum, WA 98001 PpCIF3C NY TI7 EQS 66.00 PNGE-001 OF 005 11/l8/2009 13:58 ~ KING COUNTV, UR I i I FOUNDATION DRAIN EASEMENT PaCIFIC NORTHWESf TI7Lt I Reference # (ifapplicable): rv/A Grantor/Bortower. Clty of Auburo Grantee/Assignee/Beneficiary: Aubnrn Regional Medical Center, lnc. ~ Assessor's Tax Parcel 1DN: 0492000340 (Grantee's Property) ~ I I For and in consideration of One Dollar ($I.00) and other valuable consideration in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington, ("Grantor" herein), hereby i conveys and warrants to Auburn Regiona] Medical Center, Inc., a Washington corporation ("Grantee" herein), for the purposes hereinafter set fonh, a nonexclusive perpetual easement over, under, along across and through the following portion of the Grantor's right-of-way ("Right-of-Way" herein) in KING County, Washington (the "Easement Area"): ; i LEGAL DESCRiPT10N FOUNDATION DRAIN EASEMENT AREA I A PORTION OP LAND LY[NG WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, i W.M., IN THE C]TY OF AUBURN, KING COUNTY, WASHINGTON, I MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL B OF THAT CITY OF AUBURN BOUNDARY L[NE ADJUSTMENT RECORDED UNDER RECORDING ~ NUMBER 20080911900016, RECORDS OF KING COUNTY, WASHINGTON; ~ tI I THENCE NORTH 89'49' 10" EAST, ALONG THE SOUTH LINE THEREOF, 20.47 FEET TO I THE pO1NT OF BEGINNING; I THENCE CONTINUING NORTH 89'49'10" EAST ALONG SA1D SOUTH L1NE, 216.02 , I FEET; THENCE SOUTH 00' I O'S0" EAST 1.00 FEET; ' THENCE SOUTH 89'49'10" WEST 216.02 FEET; ~ THENCE NORTH 00'10'50" WEST, A DISTANCE O I.00 F T TO THE POINT OF ~ i B EG INN ING. CONTAIN(NG APPROXIMATELY 216f SQ. FT. i 03HI,1~ N ! J(y` 3SI~X? ; I ~ . - i 20091118001266.002 I I I i I 1. Purpose, Grantee shatl have the right to use the Easement Area to wnstruct, operate, i maintain, repair, replace, improve, and removc permanent Foundation drains in the Ciry Right of Way in accordance with the document attached hereto as Exhibit A and incorporated herein fully by reference, for ~ the use and benefit of the real property legelly described on Enhibit B attached hereto and incorporated ! herein by Ihis reference ("Grantee's Property"). ~ I ' 2. Grentee's Use ot Easement Area After Construction. After construc[ion, Grantee's right to use the Easement Area is limited ro the ezisting installed structures. Grantee shall have no right to interfere with pedestrian or vehicle access within the City's Right of Way, and Grantee shall have no right ~ to interfere with ihe placement, operation, or mainrenance of utilities in the Right of Way; Providcd, that j such other uses shall not unreasonably infringe on Granteds easement rights. ~I Following the initial construction of atl or a portion of iu systems, Grantee may, from time to I time, repair or maintain facilities within the Euement Area at it may require for such facilities. Grantee ` shall have the right of access to the Fasement Area over and across the Right of Way ro cnabic Grantce ro exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Right of Way i caused by the exeroise of such right of access by Grantee. ~ 3. Grantor's Use of Easement Area. Grantor reserves Ihe right to use the Easement Area for I any purpose not inconsistent wi[h [he rights herein granted; provided, however, Grantor shall not il construct or maintain any buildings, structures or other objects ihat would adversely impact the ~ ; subsurface Easement Area without the prior written consent of the Grantee. ~ 4. [ndemniry: Grantee agrees to indemnify Grantor &om and against liability incurted by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but ` nothing herein shall require Grantee to indemnify Grantor For that portion of any such liability attributable ~ to the negligence of Granror. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to I use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminace and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to I or othenvise become the property of Granmr, provided, however, that no abandonment shall be deemed to have occurted by reason of Grantee's failure to initially install its systems on the Easement Arca within j any period of time from the date hereof. i 6. Successors and Assigns. This easement and the covenants herein shall be covenants running ~ with the land and shall inure to the benefit of and be binding on the successors, heirs, and assigns of both ~ parties hereto, provided that Grantee's rights hereunder shall not be azsigned to any other entiry (other ~ than any owner or mortgagee of Grantee's Property) without the prior wrinen consent of Grantor which bonsent shall not be unreasonably withhcld. ~ I ~ i ~ i t I ~ i I j i i I _ . I 20091118001266.003 • I DATBD this '-;W1 day of 2009. GRANTOR: I City of Au m a Was gf~t4lunicipal corporation j ~ BY: ~--`I , I YZ Attest: f BY: Ge L ; STATE OF WASHINGTON ) ' i ) ss. I COUNTY OF KING ) i ' pn this ~I ft. day of cc, 2009, before me, a Notary Public in i and for the Stete of Washington, duly commissioned and swom, personally appeared Peter B. Lewis, and ~ ! Danielle E. Daskam to me known to be the Mayor and City Clerk of the Ciry of Auburn, a municipal i j corporation that execured the within and foregoing instrument, and acknowledged the same to be the free and voluntary act end deed o( said municipal corporetion, for the uses and purposes therein mentioned i and on oath stated that Ihey are authorized to execute said instrument. i WITNESS my hend and official seal hereto affixed the da and year first ab e itte i / ~ ~/'v1 4r NOTA Y PUBLIC in and for t~e State of Washington, . ' u> ;c ' • ' , _ p; Residing at C ~ . Myappointmentexpires' v3 --2 e+ X i I I I I _ i 20091118007266.004 ; EXBW A DIMA1MF1ET ~ s0070'507 ' I 30 i ~ F~ 40 GRAPHIC 3CALE20 on 's 's 1 Lach = 40 fk I i ~ F ~ ~ N ~ ~ OmI ~ O~ z , i • ~ I i P.OH ~ 30' I S.W. CORNQt OF PARCEI. B. T. 1.00' N00'10'S0'W ~ I~ PRIZ1Vi A SFRW ~ suftvirma nQC. P. o. eoz umao rsCO11A 1fA. Y"tl I - - - - miiM OBPICS 268-404-0065 j P1S 263-404-09E4 ' asrs~ ~amr - sau~ is~ws ~n JOB NO 2008-M ~ , I ~ ; ~ 20091118001266.005 ' . . . I I Exhibit B ~ Grantee's Procertv i i Parcel B, Ciry of Aubum Boundary Line Adjustment Number BLA-08-0006, Recorded under Recording Number 2008091 1900016, in King County Washington i ! i i i I i ~ i i i i I I i