HomeMy WebLinkAbout20010430001126 TEMPORARY CONSTRUCTION EASEMENT 043001Return Address:
City of Auburn
City Clerk 1 , 2001
25 West Main
OF
Auburn, Washington 98001-4998
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LOSE TAX NOT REQUIRED
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1043000 126
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COUNTY, WA
Above this line reserved for recording information.
TEMPORARY CONSTRUCTION EASEMENT
PAftJT-
c.,+ Reference # (if applicable)- N/A Additional on page:
Grantor/Borrower: 277t' Associates, L.P. 2)
c= Additional on page:
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o Grantee/AssigneeBeneficiary: City of Auburn
c+ Legal Description/STR: That portion lying in Government Additional on page:
Lot 4, in Section 36, Township 23
North, Range 4 East, W.M..
Assessor's Tax Parcel ID-#: 362204-9004-05
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PROJECT NO. PR 562, South 277t° Street Grade Separation Improvement Project-Phase 1_
In consideration of TEN AND N01100 DOLLARS other valuable consideration, 277"
Associates, L.P., a Washington Limited Partnership hereby grants to the City of Auburn, a
municipal corporation of Ding County, Washington, its contractors, employees, agents,
successors and assigns, the right to enter upon that portion of land (described in Attachment 'A'
attached hereto and incorporated herein by reference) required for the purpose of placing
personnel machinery, and equipment on said premises to reconstruct existing road approach and
walls, slopes, to the same extent and purpose as if the rights herein granted had been acquired
under Eminent Domain statutes of the State of Washington
SPECIAL STIPULATIONS
Grantor hereby agrees to this temporary construction easement, 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 Attachment 'A', to complete the construction work as set
forth above. Grantee shal I Provide the Grantor a minimum of 24 hours notice before entering
Grantors property. Said doaanwot(s) Were filed for
rooord by Peak Noremvet T1% W
acaonrr+oda Wn oriy. It has not been
eotamined eS b proper axeoubon or
as to hS effect LVM Me.
Temporary Construction Easement Page i of4 Pages Tax Account No. 362204-9004-05
2. Grantee agrees, to the extent practicable, to leave the property in as good a condition as
existed on the day construction commenced. This shall include the timely removal of any
and all debris, rubbish or combustible material resulting from construction activities.
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Grantee, its agents and assigns, will notify Grantor of the date the reconstruction of said road
approach(s) will commence. Reconstruction of said approach(s) shall be accomplished in a
timely manner. Grantee, its agents and assigns will, to the greatest extent practicable,
schedule the construction activity so as to avoid any inconvenience to the property and will
maintain access to a minimum of one Northem rollup door. The Grantee agrees not to
leave unattended machinery or vehicles parked in the fire lane or blocking building
access. Grantee will construct the North 10 foot portion of the asphalt paving and the
Grantor will construct the South 10 foot portion of asphalt paving including the portion to the
surface drainage facilities and will place crushed gravel in the north portion to comply with
approved access plans with the City. Grantor will also construct the water source for the
irrigation system and cap for the City to complete as part of the landscaping plan approved by
the City. The Grantee will construct the landscaping and irrigation system in accordance with
the City approved landscape plan.
4. Said Temporary Construction Easement shall remain in full force and effect from the date
Grantor gives adequate notice to the Grantee of the commencement of construction until
completion date. This temporary easement and rights herein granted shall terminate on
December 31, 2003.
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 the
project. Grantee and those entitled to exercise the rights granted herein shall exercise all due
diligence in their activities upon the property, and Grantee does hereby agree to indemnify
and hold harmless the Grantor against and from any and all liability for losses, damages and
expenses on account of damage to property or injury to persons resulting from or arising out
of the rights herein granted to Grantee and/or its contractors, employees, agents, successors
or assigns.
It is understood and agreed that delivery of this Temporary Easement is hereby tendered and
that the terms and obligations hereof shall not become binding upon the City of Auburn
unless and until accepted and approved hereon in writing by the City of Auburn.
Dated this day of , 2001.
277 Associates, L.P.
Accepted and Approved
THE TTY OF.AUBURN,,
By:
Director of pub is W As
Temporary Construction Easement Pagc 2 of=t Pages Taa ACe6unt No. 362204-9004-05
STATE OF WASHINGTON
)ss.
County of King
Y'1~`U1KZ•~
I certify that I know or have satisfactory evidence thaUp-is : y, was the person who
appear d before me, and said person acknowledged tha k*•signed this instrument, on oath stated
that^as authorized to execute the instrument as the Director of Public Works of the City of
Auburn as her free and voluntary act for the uses and purposes mentioned in this instrument,
M- LY6'A%,% Dated 14 t-ZA01
'0'0TP'RY to
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~ Pll6~-fir' Notary Publi in and for th State of Washington
~ a 'b residing at
2 9
W'_ My appointment expires
0
STATE OF WASHINGTON}
)ss.
County of King )
I certify that I know or have satisfactory evidence that Gerald T. Molitor Vice President is the
C= person who appeared before me, and said individual acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated 49 rr'l ~t 7 obl
goes 0
pTAR lye o
's au a4~G
ji 22
OF NNAS
Notary Public in d q the State of Washington
residing at r'
My appointment expires f I -J-z- -v 1
Temporary Construction Basement Page 3 of 4 Pages Tar Account No. 362204-9004-05
PARCEL 20
TOTAL PARCEL:
Situated in the County of King, State of Washington, and described as
follows:
That portion of the William A. Cox Donation Land Claim in Section
36, Township 22 North, Range 4 East, W.M., in King County,
Washington, lying west of the Puget Sound Electric Railway
right-of-way in said Section 36, as.conveyed by right-of-way deed
recorded under Recording Number 212159;
AND that portion of Government Lot 4 in Section 36, Township 22
North, Range 4 East, W.M., in King County, Washington;
EXCEPT that portion conveyed to King County for South 277th Street
by deed recorded under King County Recording Number 4714893;
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AND EXCEPT that portion condemned in King County Superior Court
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Cause Number 650447 for Primary State Highway Number 5 (SR 167);
AND EXCEPT that portion conveyed to the State of Washington for
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highway purposes by deeds recorded under King County Recording
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Numbers 6655596 and 6655597;
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AND EXCEPT that portion conveyed to the State of Washington for
Frontage Road by deed under King County Recording Number 7412310319;
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AND EXCEPT that portion thereof conveyed to the City of Auburn for
52nd Street Northwest (South 277th Street) by deed recorded under
King County Recording Number 9106210863, lying north of the.
following described line:
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Commencing on the intersection of the south margin of said 52nd
Street Northwest (South 277th Street) as conveyed by King County
Recording Numbers 4714893 and 9106210863 with the west margin of
said Puget Sound Electric Railway right-of-way;
thence south 01014147" west 545.00 feet along said west margin to
the TRUE POINT OF BEGINNING;
thence north 88045'33" west, 1,113.11 feet, more or less, to the
east margin of the Frontage Road conveyed to the State of Washington
under King County Recording Number 7412310319 and the terminus of
herein described line;
(ALSO KNOWN AS Lot 1, City of Auburn Lot Line Adjustment Number
0014-95, recorded under Recording Number 9607110147).
PACIFIC
3350 Monte Villa Parkway
Bothell. Washington 98021
EXHIBIT A
PARCEL 20
TEMPORARY CONSTRUCTION EASEMENT
AN EASEMENT IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, BEING
THAT PORTION OF THE "TOTAL PARCEL", LYING NORTHWESTERLY AND NORTHERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGTNN;' N''G AT A POTNT ON THE NORTHWESTERLY LINE OF THE "TOTAL PARCEL, AT 72ND
AVE S./FRONTAGE RD. STATION 6+73.50,30.46 FEET RIGHT; THENCE SOUTHEASTERLY TO 72ND
w AVE S./FRONTAGE RD. STATION 6+73.50,60.00 FEET RIGHT; THENCE NORTHEASTERLY TO 72ND
`1.' AVE S./FRONTAGE RD. STATION 8+02.46,60.00 FEET RIGHT; THENCE NORTHEASTERLY ALONG
THE ARC OF A CURVE TO THE LEFT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
c= 160.00 FEET TO THE NORTHWESTERLY LINE OF THE "TOTAL PARCEL" AT 72ND AVE
S./FRONTAGE RD. STATION 8+57.00,60.00 FEET RIGHT; THENCE NORTHEASTERLY AND
0
NORTHERLY ALONG THE LINE OF THE "TOTAL PARCEL" TO 72ND AVE S./FRONTAGE RD.
STATION 8+77.81, 60.00 FEET RIGHT; THENCE NORTHEASTERLY TO 72"D AVE S./FRONTAGE RD.
STATION 8+89.80,61.30 FEET RIGHT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION
30+45.37,78.00 FEET RIGHT; THENCE EASTERLY TO S. 277TH ST. STATION 30+83.49,78.00 FEET
o RIGHT; THENCE SOUTHEASTERLY TO S. 277TH ST. STATION 30+96.49, 84.50 FEET RIGHT;
CLIP THENCE EASTERLY TO THE EASTERLY LINE OF THE "TOTAL PARCEL" AT S. 2771x ST. STATION
cv 35+02.81, 84.50 FEET RIGHT, AND THE TERMINUS OF THIS DESCRIBED LINE.
THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT
CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN
BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING
NUMBER 19990708900014, KING COUNTY RECORDS.
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