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HomeMy WebLinkAbout9502070880 CULVERT DRAINAGE, ROAD EASEMENT AND AGREEMENT 020795. After Recording Return To: City of Auburn e d &(erk Attn: 25 West Main Auburn, WA 98001 SW l- z/- FEB ® 7 ~I KING C©L',INTY Ri pe DER 3_ /-.5, CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT This CULV~RT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT ("Agreement'), dated as of this day of~6CJS1''l8-ZA 1994, is made and entered into by and between PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("Puget Power), and THE CITY OF AUBURN, a Washington municipal corporation ("City'). RECITALS O A. Puget Power has an interest in that certain property more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property'), which Property Puget Power uses and intends to continue to use for the transmission and distribution of electric power and associated facilities and uses (including, without limitation, switching station and substation facilities and communication uses such as fiber optics). a N B. The City desires to construct culverts and necessary appurtenances thereto in O accordance with the plans and specifications more particularly described on Exhibit B attached hereto and incorporated herein by this reference (the "Culverts' under and across that portion of the Property more particularly described the "Culvert Easement Area" on Exhibit C attached hereto and incorporated herein by this reference. The City further desires to drain storm water runoff from the City's storm water sewer system through the Culverts over and across portions of the Property through the drainage course commonly known as Mill Creek ("Mill Creek'). C. The City has, with the informal permission of Puget Power, constructed a road in accordance with the as-built drawings and specifications depicted on Exhibit B attached hereto and incorporated herein by this reference (the "Road") over and across that portion of the Property more particularly described as the "Road Easement Area" on Exhibit D attached hereto and incorporated herein by this reference. The City further desires to formalize its relationship to the Property and Puget Power with respect to the Road. D. Subject to the terms and conditions of this Agreement, Puget Power desires to accommodate the City's desires regarding the Culverts, the storm water runoff, and the Road. NOW THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Puget Power hereby conveys and quitclaims to the City a perpetual, nonexclusive easement upon, over, along, across, and through the Culvert Easement Area and the Road Easement Area for such purposes, and subject to such terms and conditions, as are hereinafter set forth. CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 1 [07772-0701 /BA941180.0021 5/25/94 Auburn Resolution No.. 2565 Exhibit "A" lB i l .iti /s 2. Purpose of Easement. The City shall have, at its sole risk, cost and expense, the right to use: (a) the Culvert Easement Area for the purpose of constructing, maintaining, repairing, and using the Culverts and for the purpose of draining storm water runoff through the Culverts over and across portions of the Property through Mill Creek. Such use of the Culvert Easement Area shall hereinafter be referred to as the "Culvert Permitted Use." (b) the Road Easement Area for the purpose of maintaining, repairing, and using the Road. Such use of the Road Easement Area shall hereinafter be referred to as the "Road Permitted Use." The Culvert Easement Area and the Road Easement Area shall hereinafter be collectively referred to as the "Easement Areas," and the Culvert Permitted Use and the Road Permitted Use shall hereinafter be collectively referred to as the "Permitted Uses." 3. Manner of Exercising the Permitted Uses. 3.1 Except as provided in paragraph 2, the City shall not use, or allow any third 0 party (i.e., a person or entity other than Puget Power) to use, the Easement Areas for any purpose whatsoever. CD 0 3.2 The City shall, at all times, cause the Permitted Uses to be undertaken in a O - manner so as to prevent bodily harm to persons (whomsoever) and damage to property IN (whatsoever). Q 3.3 Vehicular use of the Culvert Easement Area is prohibited (except for emergency vehicles and such vehicles owned or operated by or on behalf of Puget Power or the City). The City shall be solely responsible for ensuring that no one (other than the employees, agents, representatives, or contractors of the City or Puget Power) enters upon the Culvert Easement Area. 3.4 The City shall maintain and repair the Easement Areas (and any improvements placed thereon by or on behalf of the City) as necessary to keep the same in a neat, clean and safe condition and otherwise suitable for the Permitted Uses and Puget Power's use thereof. 3.5 The City shall notify Puget Power at least thirty (30) days prior to the City's anticipated commencement of any construction, maintenance, or repair activities on any Easement Area. Puget Power may, in its sole discretion, require the City to amend its scheduled commencement to coordinate the City's proposed activities with Puget Power activities in the vicinity of the City's proposed activities; provided, however, that in the event of any emergency requiring immediate maintenance or repair action by the City to protect persons or property from imminent harm, the City may take such action upon such notice to Puget Power as is reasonable under the circumstances. 3.6 The City shall not cause or permit modification, alteration or other change to the Culverts or the Road upon or within the Culvert Easement Area or the Road Easement Area, or CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT 107772-0701 /BA941180.0021 ' PAGE 2 r~S 5/25/94 modification, alteration or other change in the quantity, quality, or existing drainage course through Mill Creek, of storm water runoff draining over and across the Property as of the date of this Agreement (collectively, "Alteration', without first obtaining Puget Power's prior written consent (which such consent shall not be unreasonably withheld). Such consent may be conditioned upon Puget Power's review of and satisfaction with detailed plans and specifications, scheduling or such other matters relating to the proposed Alteration (including, without limitation, a requirement that Puget Power personnel be present during all phases of any such activity). Any refusal by Puget Power to consent to any Alteration on the grounds that the same may hinder, impair or otherwise interfere with the Puget Power's installation, operation, maintenance, repair, replacement, enlargement, improvement, or use of the Property or any facilities used in connection with the transmission or distribution of electric power shall not be deemed unreasonable, as such determinations are reserved to Puget Power's sole judgment and discretion. Puget Power's consent to any one or more Alteration shall not be deemed to be consent to any other Alteration. 3.7 All activities performed by or on behalf of the City shall be performed in strict accordance with any plans and specifications submitted to and approved, or consented to, by Puget Power (including, without limitation, any scheduling, directions or other conditions of Puget Power's approval or consent) and completed in a timely, careful and workmanlike manner. Without limiting the generality of the foregoing, the City shall exercise, or shall ensure any persons or entities acting on behalf of the City exercise, the highest degree of care and caution to prevent any contact with Puget Power's facilities or equipment, including, without limitation, power lines, poles, communications (including, without limitation, fiber optics) facilities, and underground facilities on the Property. Such care and caution shall include, but shall not be limited to, designing and constructing any and all improvements to withstand the consequences of any short circuit of any of Puget Power's electric facilities now or hereafter located on the Property. C) 3.8 Upon completion of any construction, maintenance, repair or replacement cc activity in and around the Easement Areas, the City shall cause the replacement of any survey O monuments disturbed or destroyed during such activities. 3.9 Upon completion of activities which may disturb the surface or subsurface of {0 the Easement Areas, the City shall restore the Easement Areas to a condition as good or better than Q the condition the Easement Areas were in prior to such disturbance. If and to the extent the City may cause any excavations within the Easement Areas, such excavations shall be done and completed with the highest degree of care and caution to protect the stability of any improvements located on the Property. 3.10 Upon completion of any construction, replacement, alteration, modification, or other change to any improvement located on or within the Easement Areas, the City shall promptly provide to Puget Power as-built drawings and a survey showing the location and elevations of such improvements. 3.11 The City shall keep the Property free and clear of obstructions and, if requested by Puget Power, shall provide to Puget Power legal and physical access to the Property during construction, maintenance, repair, alteration, modification, or other change of any improvements on or within the Easement Areas. 3.12 The City shall at all times ensure that the Permitted Uses and all activities undertaken in accordance with this Agreement are in compliance with all applicable laws, and the City shall obtain all necessary permits, approvals, or licenses required by any governmental agency with jurisdiction to undertake any activity on the Easement Areas. 1 n i trd CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 3 [07772-0701 /BA941 180.002] 5/25/94 t 3.13 The City shall not cause or permit any equipment, supplies, vehicles or other items to be kept or stored upon the Easement Areas without first obtaining Puget Power's prior written consent thereto, which such consent shall not be unreasonably withheld. 3.14 The City shall promptly pay (and secure the discharge of any liens against the Easement Areas asserted by) all persons and entities furnishing any labor, equipment, services, supplies, materials or other items in connection with the Permitted Uses. 4. Puget Power's Reserved Rights. d X 00 d 0 N C 4.1 Puget Power reserves the right to use the Easement Areas for (i) any purposes related to the transmission or distribution of electric power, and communications (including, without limitation, fiber optics), whether or not such purpose is inconsistent with the City's rights hereunder; and (ii) for any other purpose not inconsistent with the City's rights hereunder (including, without limitation, the right to grant easements, licenses and permits to others subject to the City's rights). Without limiting the generality of the foregoing, Puget Power has historically and continues to use the Easement Areas as operating utility property in connection with the transmission and distribution of electric power. Puget Power reserves the right to use the Easement Areas for such activities and Puget Power (and its employees, agentg; contractors and designated representatives) shall at all times have the right to enter upon the Easement Areas without prior notice to the City. The City shall use best efforts to accommodate Puget Power's use of the Easement Areas, and the City shall not otherwise undertake any use, development or operation therein or thereon which precludes or materially interferes with Puget Power's use. The City acknowledges such historical and continuing use of the Easement Areas and acknowledges that the Culvert design and the Road agreed upon by the parties and attached as Exhibits hereto expressly provides for continuing use, modification and upgrade of, together with access to, utility facilities within, upon and under the Easement Areas. The City shall bear all costs and expenses associated with modifying the Road, the Culvert or any other improvements placed on the Easement Areas to the extent that such improvements interfere with Puget Power's exercise of its reserved rights. 4.2 In the event the City fails to perform any of its obligations arising under this Agreement, Puget Power may (without obligation to do so) perform the same at the City's sole risk, cost and expense. 5. Indemnity. The City agrees to release, defend, indemnify and hold harmless Puget Power, Puget Power's directors, officers, employees, agents, servants and representatives (and the respective successors and assigns of each and all of the foregoing) (collectively, the "Indemnitees") from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages and liability (including, but not limited to, attomeys' fees) of any kind or character asserted or arising directly or indirectly from, on account of, or in connection with the City's development, construction, repair, maintenance and control of the Easement Areas (and any improvements thereon). With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115. As between the parties and for purposes only of the obligations herein assumed, the City waives any immunity, defense or other protection that may be afforded by any workers' compensation, industrial insurance or similar laws (including, but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). Without limiting the generality of the foregoing, the City acknowledges and agrees that development, construction, repair, maintenance and use of the Culverts on the Culvert Easement Area may impact Puget Power's use of the remainder of the Property for utility-related activities. Therefore, the City further agrees to defend, indemnify and hold harmless the Indemnitees from and I niti~ CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 4 . S [07772-0701 /BA941 180.002] 5/25/94 &6v02 Tcle" 5 against any and all impacts the City's use of the Easement Areas may have on Puget Powers exercise of its rights or retained interests under this Agreement or Puget Powers use of the Property for any utility-related activity, which impacts may include, without limitation, the application of any wetlands, wetlands buffer, sensitive area or other comprehensive plan or development regulation to the Easement Areas which would preclude Puget Powers use or activity or would require Puget Power to perform any type of action or mitigation for such use or activity. The City's obligation to indemnify Puget Power pursuant to this Section 5 shall survive any termination of: (a) this Agreement pursuant to Section 10 hereof, or (b) any other termination of the City's rights to the Easement Areas. Without limiting the generality of the foregoing, such indemnification obligation shall remain in full force and effect for as long as all or any portion of the Culvert Easement Area or portions of the Property can be classified as any class or type. of wetland, wetland buffer, stream, stream buffer, or sensitive area under any scheme or method of identification or classification used by any governmental authority with jurisdiction. 6. Insurance. Prior to undertaking any aspect of the Permitted Uses, the City shall provide to Puget Power evidence (in a form acceptable to Puget Power) that the City (and, in the event the City hires a contractor to perform the Permitted Uses, the City's contractor) has obtained commercial general liability policies of insurance (including contractual liability coverage) satisfactory to Puget Power and naming the Indemnitees as "Additional Insureds", and with limits no less than the following: It) or) Bodily Injury Liability, including Automobile Bodily Injury $1,000,000 each occurrence X Liability a Property Damage Liability, including Automobile Property $1,000,000 each occurrence ° Damage Liability C Employers Liability (Stop Gap) $1,000,000 each occurrence in 0) Such insurance shall be maintained at all times by the City (or the City's contractors, if any). 7. No Warranties. 7.1 Puget Power does not warrant title to the Easement Areas, shall not be liable for defects thereto or failure thereof, and disclaims any and all warranties, express or implied, with respect to the condition of the Property or the Easement Areas., The City accepts the Easement Areas and all rights quitclaimed to it hereunder "as is," "where is" and with all faults, defects and deficiencies, whether or not such faults, defects, or deficiencies are known to the City. 7.2 Any plans, specifications, schedules, documents or other information (collectively, "Submittal") provided by the City to Puget Power pursuant to this Agreement are for Puget Powers informational purposes only. Puget Powers receipt of any such Submittal, or any review, analysis, approval, or other consideration or disposition thereof by Puget Power, or Puget Powers failure to review, analyze, approve or otherwise consider or dispose of any such Submittal (including, without limitation, failure to discover any error, defect or inadequacy of such Submittal) shall not relieve the City of any of its obligations under this Agreement. Puget Power hereby expressly disclaims any and all warranties, express or implied, with respect to any one or more Submittals, or any other plans, specifications, documents or information developed, reviewed or provided by Puget Power to the City as a condition of this Agreement. Initial CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT PAGE 5 [07772-0701 /BA941180.0021 ~ ~ ~ 5/25/94 r 8. Notices. Any notice; request, designation, direction, statement or other communication under this Agreement shall be in writing and shall be delivered in person or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to Puget Power. Puget Sound Power & Light Company Real Estate Department PO Box 97034 Bellevue, WA 98009-9734 Attn: Director Real Estate and Facilities If to the City: The City of Auburn 25 West Main Auburn, WA 98001 Attn: Public Works Department O 00 O O O Either party may change its address specified in this paragraph by giving the other party notice of such change in accordance with this paragraph. 9. Successors. The City's rights and obligations under this Agreement shall not be assigned or apportioned without Puget Power's prior written consent. Subject to the foregoing restriction on assignment or apportionment, this Agreement and the terms and conditions contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any such assignment or apportionment, the City and its assignees shall be jointly and severally liable. 10. Termination. 10.1 In the event of any material breach by the City of any of the terms or provisions herein, in addition to all other rights or remedies it may have at law or in equity, Puget Power may terminate this Agreement by sixty (60) days' advance written notice, which notice shall specifically state the reason for such termination. No such termination, however, shall be effective if, within sixty (60) days after such notice, the City has cured the breach and has taken or commenced action in good faith to prevent such breach from recurring. 10.2 This Agreement with respect to, and all of the City's rights pursuant to a particular Permitted Use, shall terminate and revert to Puget Power upon abandonment of the Permitted Uses by the City. The City shall be deemed to have abandoned a Permitted Use if the City ceases to maintain and repair the Easement Area associated with such Permitted Use for a period of five (5) successive years. 10.3 Upon any full or partial termination (e.g., termination with respect to one abandoned Permitted Use) of this Agreement, the City shall, at the City's sole risk, cost and expense, promptly remove from the affected Easement Area any improvements placed thereon by or behalf of the City and restore the surface and subsurface of such Easement Area to a condition as good or better than the condition existing on the date of this Agreement. 10.4 No termination of this Agreement shall release the City from any liability or obligation: (a) with respect to the City's indemnification obligations pursuant to Section 5 of this Agreement; or (b) with respect to any matter occurring prior to such termination. CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT [07772-0701 /BA941 180.0021 PAGE 6 6a 61 5/25/94 11. Compensation. O 0 The City shall, within thirty (30) days after receipt of Puget Power's invoice therefor, reimburse Puget Power for any and all further costs and expenses (including, without limitation, attorneys' fees) incurred by, or on behalf of, Puget Power in connection with: (a) any and all taxes or assessments (including, without limitation, real, personal or excise taxes) associated with the conveyance of the easement by this Agreement, the development, construction, repair or maintenance of the Culverts or the Road, or any other activities undertaken in connection with this Agreement; (b) any review of any plans or specifications associated with a proposed Alteration; (c) any modification, amendment or other change to this Agreement; or (d) Puget Power's performance, pursuant to paragraph 4.2 of this Agreement, of any City obligation under this Agreement. Dated as of the date first written above. PUGET POWER: Puget Sound Power & Light Company, a Washington corporation By: A /old Tomac Director Real Estate a yA C c i7~ S STATE OF WASHINGTON ) )SS. COUNTY OF KING ) THE CITY: The City of Auburn, a Washington municipal corporation By: On this 44 day of CEMl3~~ , 19 tVbefore me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appe,e~~~ ARNOLD J. TOMAC, to me known to be the person who signed as Director Real Estate-of P GET SOUND POWER & LIGHT 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 he was authorized to execute said instrument and that the seal affixed, ' an is the corporate seal of said corporation. written. Witness my hand and official seal hereto affixed thA day ar(isl rear in this certificate above Print Name: (l • Ll i z-e ^ - Notary Public in and for the State of Washington, residing at R .70 N2!> 9 /'r - 9t My commission expires: CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT [07772-0701 /BA941180.0021 et,' S-~ PAGE 7 5/25/94 STATE OF ) )SS. COUNTY OF ) On this day of , 19~ before me, the undersigned, a Notary Public ' nd fQr he tats f shington, duly commissioned and sworn, personall ppeared . to me known to be the person who signed as o r _ 4 11 IS K? of THE CITY OF AUBURN, the Washington municipal corporation that executed the wit 'n 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 JQ was authorized to execute said instrument on behalf of said corporation, and that the seal affixed, if any, is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year in this certificate above written. A, V Print e: ei !~S GI~- Notary Public in and for the State of Washington, residi 6?g r n My c mmi Sion expires: ATTEST: O O Ell- O O W 0) Robin Woh.lhueter, Auburn City Clerk A PROVED AS TO FORM: Michael J. Reynolds, Acting City Attorney City of Auburn CULVERT, DRAINAGE, AND ROAD EASEMENT AND AGREEMENT [07772-0701 /BA941180.0021 PAGE 8 Wit/ads 5/25/94 Culvert, Drainage and Road Easement and Agreement PSP&UCity of Auburn EXHIBIT A Parcel A That portion of the Southeast 1/4 of the Southwest 1/4 of Section 1, Township 21 North, Range 4 East, W.M., in King County, State of Washington, described as follows: Beginning at the Southeast corner of the said Southeast 1/4 of the Southwest 1/4; thence northerly along the east line of said section a distance of 1320 feet to the Northeast corner of said Southeast quarter of the Southwest quarter of said Section 1; thence Westerly along the North line of said Southeast quarter of the Southwest quarter of said Section 1; a distance of 94.8 feet; thence South 0° 07' West a distance of 1320 feet to the South line of said section at a point 100 feet West of the point of beginning; thence East along said South line a distance of 100 feet to the point of beginning. Parcel B That portion of the Southwest 1/4 of the Southeast 1/4 of Section 1, Township 21 O North, Range 4 East, W.M., in King County, State of Washington, described as follows: OD Beginning at the Northwest comer of the Southwest 1/4 of the Southeast 1/4 of said O section; thence South along the West line of said section a distance of 150 feet; thence Easterly on a line parallel to the North line of said Southwest quarter of the Cq Southeast quarter of said Section 1; a distance of 30 feet; thence North 0° 7' East on a O line parallel to the said West line of said section a distance of 150 feet to a point on the North line of said Southwest quarter of the Southeast quarter of said Section 1; said point being 30 feet East of the Point of Beginning; thence West along said North line a distance of 30 feet to the Point of Beginning. Parcel C That portion of the East Half of the Northeast 1/4 of the Southwest 1/4 and the East half of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Southeast corner of the East Half of the Northeast 1/4 of the Southwest 1/4 of said Section 1, and running thence north along the east line of the East Half of the Northeast 1 /4 of the Southwest 1 /4 of said Section 1; and along the east line of the East Half of the Southeast 1/4 of the Northwest 1/4 of section 1 a distance of 2609 feet more or less to the Northeast corner of the East Half of the Southeast 1/4 of the Northwest 1/4 of said Section 1; thence westerly along the north line of said East Half of the Southeast 1/4 of the Northwest 1/4 of Section 1, a distance of 84.5 feet; thence South 00 7' West 2609 feet more or less to the South line of the East Half of Northeast 1/4 of the Southwest 1/4 of said Section 1; thence easterly along the said South line 94.8 feet to the point of beginning. /L.. asps wt/, ~s ~l O Uri or) O O N O In o) Culvert, Drainage and Road Easement and Agreement PSP&L/City of Auburn EXHIBIT "A" (Continued) Parcel D Tracts 3, 4, 5 and 6, Block 2, Christopher Garden Tracts, according to plat recorded in volume 23 of Plats, page 6, in King County, Washington, EXCEPT that portion conveyed to the State of Washington for Highway purposes by Deed recorded under Recording No. 7102090117. Lots 9, 10, 11 and 12, Block 2, Christopher's Garden Tracts, according to plat recorded in Volume 23 of Plats, page 6, in King County, Washington; EXCEPT' that portion of Lot 12, if any, lying within .abandoned right-of-way of Puget Sound Electric Railway; EXCEPT that portion of Lot 9, condemned by the State of Washington for Highway purposes in King County Superior Court Cause No. 718254; EXCEPT those portions thereof conveyed to the City of Tacoma by Deeds recorded under Auditor's File No. 7404290136 and 7608020217. witi /s w Culvert, Drainage, and Road Easement and Agreement PSP&UCity of Auburn EXHIBIT C O 00 00 O O C1 Easement "A" The North 15 feet of the south 45 feet of the East 94.8 feet of the Northeast 1/4 of the Southwest 1/4 of Section 1; Township 21 North, Range 4 East, W.M., in King County, Washington; Easement "B" A Right-of-Way 15 feet in width having 7.5 feet of such width on each side of a centerline described as follows: That portion of the Southeast 1/4 of the Southwest 1/4 and that portion of the Southwest 1/4 of the Southeast 1/4, all in Section 1, Township 21 North, Range 4 East, W.M., in King County, State of Washington; described as follows: Beginning at the Northeast corner of the Southeast 1/4 of the Southwest 1/4; thence East along the North line of said subdivision a distance of 30 feet; thence South 50 feet to the True Point of Beginning; thence Northwesterly to a point 28 feet South of the North line and 94.8 feet West of the East line of said Southeast 1/4 of the Southwest 1/4 of said Section 1; and the terminus of said centerline. Easement "C" That portion of the Northeast 1 /4 of the Southwest 1 /4 of Section 1, Township 21 North, Range 4 East, W.M., in King County, State of Washington, described as follows: Beginning at the Southeast corner of the said Northeast 1/4 of the Southwest 1/4 of said Section 1; thence West along the South line of said Northeast 1/4 of the Southwest 1/4 of said Section 1; a distance of 94.8 feet and the True Point of Beginning; thence North 45 feet; thence East 34 feet on a line parallel to the South line of said Northeast 1/4 of the Southwest 1/4 of said Section 1; thence Southwesterly in a straight line to the South line of said Northeast quarter of the Southwest 1/4 of said Section 1 at a point 15 feet East of the True Point of Beginning; thence West along said South line a distance of 15 feet to the True Point of Beginning. knit/ s Q Culvert, Drainage and Road Easement and Agreement PSP&UCity of Auburn EXHIBIT C Easement "D" The North 30 feet of the East 94.8 feet of the Southeast 1/4 of the Southwest 1/4, the North 30 feet of the West 30 feet of the Southwest 1/4 of the Southeast 1/4, and the South 30 feet of the East 94.8 feet of the Northeast 1/4 of the Southwest 1/4, all in Section 1, Township 21 North, Range 4 East, W.M., in King County, State of Washington. 0 on O O 1nIh /s ~~as~ s IWt . w 0o 00 O i/ 851 INSTALL 2-30' CONC. CROSSINGS PLUG & FILL EXISTING CULVERTS-- J< I I I I I '1I I 1 Z I I I ~ I O INV. 43.50 1 -----i ~I 0 7.1 O I 30' 93' i f fj - z Ia: m 1 I i 1 m ZI f rn m AI A O I r v - Ln m I Z r, r')~ m _ I z rI m ZI m I INV.- EL. 44. 4, D n n POWER POLE ( TYP. ) J `t 1.78 R/W _ -,,-EDGE ASPH 30' SUBJECT- f - - 29TH ST. R/W-\, TO ESMT. 20r-- -----T----- - - - - 29TH ST. NW-~ _ EDGE ASPH 20 MAN AOLF't'T"fP: ta---- -5----------- . 30' N RCP WA ER °L [ NE( TYP° 1 WATER VALVE (TYP. - • %I6SEEY:l 6 30 .62 J EX I --I NG_ IF' SAN I TARP SEWER- = F IRE HYD. l TYP.)° - - - 1 29TH ST. R/W~ --------t PCS 30+560 94 INV. 43. 35 17. OT -sh INSTALL 2-40'x 48" RCP CULVERTS- INSTALL 2-72'x 54" CONCRETE CULVERTS 56.00 54.00 52.00 50.00 48.00 EXISITING TOP 46,00 ASPHALT'ELEV 44.00 - - O N P ~ m O N Q .Op W, O N P O O a a a _ _ - J ~ N N N F/L w 43..45'11 PROFILE VIEW SCALE: 1, 4 BEGIN OBL 72'W 54' CONCRETE CULVERT 55 CS j 55 5555 50 P UG.C LVEA . 50 50 50 4 5 45 45 45 -40 -30 -20 -10 0 10 20 30 40 50 4 D -40 -30 -20 -10 0 10 20 30 40 50 40 60 - 2.37.0000 h° e ° 8~0pppppa.~ ~m~ mn 2.76.0000 b q ~m~Nm~ ""8!;~',~~a~~O~,~ " m 9~ N;;N\~;~i[hINN°h10NNlv'1~\\\ \ \ \ \ :w q m 8~ t P Y ~\\\'T~P\y4:T N~\Y{\~~W\~; p N1Nm"+ hV1~~N1gNf( n 'N h ~ E$aa~ W Q j9 l8 r1~{~. y Na°~Gw~, y'1 '~iV__ ,y H1 1 e ,-Q S ~ x 5 G $ N ) ~C i ~4 yV w has QQOaPOm9 g0"IiO PPQ~'Il0 e ~ ~ ! L 1} .03~ Gh ,~R~r : N 1 w aaN a. ,R, . Q 1S ~ oN ~C C~ \ 8E61N D9l T2' A 54' -N PLUG IB- CUP REUOVE ]0' CUP CDNCAEtE CULVERTS \ $ $ in \ °I !h~ n^hi a $ o w h 0 { N 55 - T - - 55 I 55 55 50 50 50 50 45 45 f/l. 44, 4 L /L: 4 . 35 45 40 ENO OBL72'W54 - N R T Y Ri 45 40 40 40 40 - -30 -20 1 0 10 20 30 40 50 60 4. as.DCeO -40 -30 -20 -10 0 10 20 JO 40 50 2.55.0000 60 o N ma S'UIN. COVER OVER SANATARY SEWER S N $ gNgm Nv,W mp Nhq p~°Rta h cq \ '~~~`Vh"I^ a ~ Y~~CPG N ~ 5' COVER OVER 72' SANATARY SEWER „n,n ; •i "t.~.-1 ° N ~S ~~ha$o,cN,m~OONVoB\~~eqW hpn aN ~ ~ ~ ~ ~~~`Q $ hW~I NN~~Nm~pB ~ ~ N ~Vf `i~On OpVggbCoaa^^ R h hhNN W aa N^1°u O CROSS SECTIONS SCALE: I20' 52.00 50.00 48.00 46.00 O O O O c O O O O O O O O O 'OP .O a0 O N .O 9 O N .D ttl O N - N N n n ~+1 N1 n V C Y P P u1 ul AA N I I HORZ 1"= 20'/VERT 1"= 4' mti = II ag ^ p rn 50 50 45 45 -40 -30 -20 -10 10 20 30 4 0 0 50 0000 3. 30. a._ !p!p!p m " QI & !Z 9 R , itO O . 8= a ~aa °mq! mn ° Is agsP~nmmgoCawR A ~ fv ~N r C $ g $ w,ml • ayl m ~ n n N aN 55 55 50 BEGIN 48' • 50 45 36 RCP C LvERT 45 40 -40 -30 -20 10 20 30 40 50' 12 -1 .92 0000 n ,.qV ^ g '~~'"q 8'~ $ " h a Op a b m a vN C C~ R9i515i p t S a N Z C D NNaN ~ F NN m gOCaaa"'n 6-DEM 03-10-94 DIMENSION PROP. PIPE LOi LIUITS OF PROP. NOT RICI 5-DEM 01.12-94 MOVED 54' PIPES NORTH T SEWER LINE. ADDEO APPRO' PEVISION ' 047E `LJA V ION PACIFIC ~ 1 3,IL~01 D OPTIC CA YOU BEFORE CABLE ° 1-800-336-9193 7[ •F- "••••••14 POWER POLE I ~r•-3 5 44.011 ; r._ 3 84 - I I 'EDGE ASS ALT . I E V __t_._, . 34.: 3 E _oa - 43. 4 L POWE OL i 7.61 50' i E~~' 3 63 w s _o _o 1 I I 43. 17 . I. I' a . . I NLOA<M 3 _.-3........ II._~ 6. RIP)iAP C6RNERS INV. RESHAPE DIITCHESIAS NECESSARY 43.12 PROP. LIMITS OF--J HWY. RIGHTS AREA 116' F F EXISTING PROPOSED d Lr1/ jr(/Iy !d~ HIV yJ7 D07gf wl. r, II TOP OF ASPHALT ELEVATIONS I W I ° n v 94.8' I ~ 3.00 CE, vl i i i m m I ' INSTALL 48'x 36" RCP CULVERT I ~ I I PROP HWY. I LIMITS OF RIGHTS AREA. _Tro3 R(tMOVE EXISTING CULVERT ' - - - - ; END CONST 3.95 H09 T -_71 8. 19 I 47 I EL 59 I R - } . ! INV .EL.334 42 I INV. '.44. I ''2.00 ~ 35.I2 T I I I _ -I----------.FENCE R/W'-__* ^ ~I r-ti ~ - - i -1--_ ~ _ t . 1 Al - F1 (TYP 'IX _r Oc~,i I ° SECTION LIN J_ + I `7T. R 1 4FI - 72" SAN. SEW. FENCE o -+-i--- o %16 E 30' I Q I INV. EL. 42. 94 - r 4--- :7 R/W jL' 0 6. 7 - _ it 7 I PLUG & i I - - - - - FILL EXISTING CULV-ERT . INV. 33.98 I EL. 42.94 INTERURB4N PLAN VIEW TRAIL SCALE: I"=20' NIS I I N ^O'1 a 1 ' 0.0 E I sa L•r0 PROPOSED T /ASPHALT _7 7.S i a ~ l:IM7 Lt5 PI-3.29M I i Y „ L•25 4 \ I 1 ro~ _ - _ I'el r tl•20 PId•75 O/ASPHALT EXISTING T 10 t M P r N Sp N n _ m ~ P n n O a0 M O m n m P O O - P m 16 .D 40 4T Cs N V1 ~N iYl V7 N N N G N Cs ,[f T AD a0 \ \ m \ ENO DBL 72': 54• VERT R T C p :9T2 ST. o ° \ ~ 50 E UL E 50CONC 11•-•,.~ m _ rc i \ 45 45 A'eA W-+{••-A•~ a:uin i i ` 90 40 -40 -30 -20 -10 0 10 20 30 40 50 60 r- 3.48 0000 ' _ _ a AT I a O . h nn r q p g M~ I7-2'LIiT3 > Q , ^a0u jo~iiq aN OniC~'V"1 q'~li .SJ g 8mmw77NN oP 3$g m CC 3~ $ o : e. . ~ cc TYPICAL asn ~U 0 ¢ \ \ \ \ s ao~~~~ : nmq a1 \\p\\\°N ~ °pTm IV ~a o~ 1 U n ROADBED SECTION NOT TO SCALE i u 2 r> m 0 u NNTC, pQ, ,PvnOaq a~ -Y:'?apl.I az- 'o CL O CL ° i a z cc 0 \ \ $ uZ0 GG C C xoz CLa as ¢ w E a 'B q 8 4 i ie a a • , 8 50 50 50 - 50 45 ND 8'N 36- C ULV 45 45 45 40 40 40 40 -40 -30 •20 -10 10 20 30 40 50 -40 -30 -20 -10 0 10 20 30. 40 50 .oooD 3.40, .00000 3..771 ^ p ~p p m ~ ~ ~ ➢ Oy ,p~0 C ~ ' b p> m1.mm 0 q °°O ° F 'aP ~OOgO PPPp6°OP \ \ ^ 1. ~P°C P C ~°VP\060°P°500060\PPP \ \ \ \ \ p n \ q q~A7"'SIP\a\'IgO~~OVI\\m\\\NO\IAU\199 m 1m NN pm 0 mba'!pa ON 1~u\io\eV 6 P ' O 4T ^In WNaQ0Cn0~i0' ~.~NO~A~C V~~W~,:1'' N T n oom'^S^NnNN°°~~ ^0~N9 ~TN C' INS TO SEC. AND R/W LINES AND REA .Ow 10' MIN. CLEARANCE FROM I-OEM 04.14.94 UOvEO EAST END 48' RCP TO ALLOW 5' MIN. CLEARANCE FROU TOTE WITH GRACING PERMIT NO. POWER POLE. ADDED FIBER OPTICS L INE DESCRIPTION ORANN an O.E.U. /i. L. P. tEtExn WORK ORDER, UNION PACIFIC RA ILROAD CO. DE OF 297N Si. TO NORTH 510E tHEGAwAn EXISTING GRADE: PROPOSED GRADE: - 10796 OFFICE OF GENERN. OIRECTOR - OE SICN NLV. ON SOUTH SIDE 29TH ST. 'ERTS U. J. H. EXIST LNG TOP Of GROUND: PROJECT CODE AUBV RN WA. R TO TRACKS DATE. PROPOSED SUB GRADE: - - - - - - - AUBURN. 30 F TS i0 24• RCP AND 36' RCP 08-03.92 GRADING LIMITS SHADED; om nnO EAST SIDE OF TRACKS SCALE, TOP OF ASPHALT TO TOP SHEET IUM9ER C E -fl 29th ST RAISE AS NOTED 0i SUBGRAOE IS 1.0 FT. I OF I wA-9306 . P MONUMENT (EL.=46.42) INSTALL 2 - 72'''x 54" CONCRETE CULVERT ~IZI IN 56.00 - 54.00