HomeMy WebLinkAbout20020114000808 AQUATIC LANDS EASEMENT011402r
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Return Addresq:
City of Auburn'
City Clerk
25 West Main
Auburn, WA 98001
2002011
PACIFIC NW TIT EAS
PAGE 001 OF 019
01/14/2002 09:46
KING COUNTY, WA
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Above this line reserved for recording information.
AQUATIC LANDS EASEMENT
51-070409
Reference # (if applicable): 9812309026 Additional on page:
Grantor/Borrower: Department of Natural Resources 2)
South Puget Sound Regional Office
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE 1/4, 06-21-05 Additional on page:
Assessor's Tax Parcel ID#: 000100-0081-01
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
Grantor herein, Grantor, Department of Natural Resources, South Puget Sound Regional
Office, hereby grants and conveys to the City of Auburn, Grantee herein, a municipal corporation
of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement for
a term of years (the "Easement) over, upon, and under the real property for the purpose of laying,
maintaining, and installing an Aquatic Land Easement AND APPURTENANCES THEREOF,
said real property being described as follows:
SEE ATTACHED AQUATIC LANDS EASEMENT AND EXHIBITS 'A'& `B';
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
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U o. Re ords Division
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
AQUATIC LANDS EASEMENT
51-070409
TABLE OF CONTENTS
SECTION ' PAGE
1. GRANT AND LOCATION OF EASEMENT 1
1.1 Easement Prope= 1
1.2 Construction and Access 1
1.3 Right of Third Parties 1
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2. PURPOSE OF EASEMENT 1
3. TERM ................................................................I
4. USE FEE ......2
4.1 Use Fee ...........................................................2
4.2 Late Charges and Interest 2
5. COORDINATION OF ACTIVITIES 2
6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 2
6.1 Grantee's Activities 2
6.2 Restrictions on Use 2
7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY 2
8. ' COMPLIANCE WITH LAWS 3
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION 3
9.1 Definition ........................................................3
9.2 Use of Hazardous Substances 3
9.3 Current Conditions and Duty of Utmost Care 3
9.4 Notification ......................................................3
9.5 Indemnification and Burden of Proof 4
9.6 Cleanup .........................................................4
9.7 Sampling ........................................................4
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9.8 Reservation of Rights 5
10. REPORTING
11. PRESERVATION OF SURVEY CORNERS 5
12. TERMINATION OF EASEMENT 5
13.
OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT
6
13.1 Existing Improvements
6
13.2 Grantee-Owned Improvements
6
13.3 Construction
6
13.4 Removal
6
.13.5 Unauthorized Improvements
6
14.
INDEMNITY
6
15.
INSURANCE
7
15.1 Types of Required Insurance
7
15.2 Terms of Insurance
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15.3 State's Acquisition of Insurance
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16.
TAXES AND ASSESSMENTS
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17.
ADVANCE BY STATE
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18.
NOTICE
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19.
ASSIGNMENT
9
20.
SUCCESSORS AND ASSIGNS
9
21.
TIME IS OF THE ESSENCE
9
22. RECORDATION 9
23. 'APPLICABLE LAW AND VENUE 9
24. MODIFICATION ........................................................10
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
. JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
AQUATIC LANDS EASEMENT
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AQUATIC LANDS EASEMENT NO. 51-070409
THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting
through the Department of Natural Resources ("State"), and CITY OF AUBURN, a government
agency/entity ("Grantee").
1. GRANT AND LOCATION OF EASEMENT
1.1 Easement Property. State grants and conveys to Grantee a nonexclusive easement
for a term of years (the "Easement") over, upon, and under the property described in Exhibit A
(the "Easement Property").
1.2 Construction and Access. State grants to Grantee, a nonexclusive easement, for
construction purposes only, over the property described in Exhibit B, which includes the
Easement Property and such additional property as is reasonably necessary for construction on
the Easement Property. This construction easement shall terminate upon completion of
construction by Grantee. To the extent it can do so without violating any other contract or lease,
State hereby also grants a nonexclusive easement on State-owned land and water on either side of
the Easement Property,'if any exists, for ingress and egress to gain access to the Easement
c Property and to construct improvements on and maintain and repair the Easement Property.
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C%4 1.3 Right of Third Parties. This Easement is subject to all valid interests of third
parties noted in the records of King County, or on file in the office of the Commissioner of
Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or the
federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement
are any right to harvest, collect or damage any natural resource, including aquatic life or living
plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand,
gravel or other valuable materials. State makes no representations regarding access to the
Easement Property.
2. PURPOSE OF EASEMENT
This Easement is granted for the purpose of and is limited to constructing, installing,
operating, maintaining, repairing, replacing, and using water pipelines ("Permitted Use").
3. TERM
The term of this Easement is thirty (30) years (the "Term"), beginning on the 1 st day of
July, 1998 (the "Commencement Date"), and ending on the 30th day of June 2028, unless
terminated sooner under the terms of this Easement (the "Termination Date").
4. USE FEE
4.1 Use Fee. Grantee shall pay :a single use fee in the amount of Zero Dollars ($0),
which shall be due and payable in full on or before the Commencement Date.
4.2 Late Charges and Interest. If any use fee is not received by State within ten (10)
days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the
amount of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead
expenses of State as a result of the delay. If any use fee is not paid within thirty (30) days of the
date due, then Grantee shall, in addition to paying the late charges established above, pay interest
on the amount outstanding at the rate of one percent (I%) per month until paid.
5. COORDINATION OF ACTIVITIES
Grantee shall coordinate the dates of its construction and other major activities on the
Easement Property with State. Except, in the case of an emergency, Grantee shall provide State
with written notice of its intent to enter upon the Easement Property at least five (5) days prior to
entry.
6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS
cm 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to
any improvements on the Easement Property, to the Easement Property, or to any natural
resources, which are caused by Grantee's activities. All work performed by Grantee shall be
completed in a careful and workerlike manner to State's satisfaction, free of any claims or liens.
Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore
the Easement Property, as nearly as possible, to the condition it was in prior to commencement
of the work.
c 6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural
c resources on the Easement Property except to the extent, if any, permitted under the mitigation
plan attached as Exhibit C. Grantee shall also not cause or permit any filling activity to occur on
the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse,
garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other
pollutants, or other matter in or on the Easement Property, except as approved in writing by
State. Grantee shall neither commit nor allow waste to be committed to or on the Easement
Property. If Grantee fails to comply with all or any of the restrictions in use set out in this
Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon
demand by State, Grantee shall pay all costs of such remedial action, including but not limited to
the costs of removing and disposing of any material deposited improperly on the Easement
Property. This section shall not in any way limit Grantee's liability under Section 9, below.
7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY
Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the
fullest extent reasonably possible, interference with State's use of the Easement Property or with
the public's right to use the Green River for purposes of recreation, navigation, or commerce
including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on
51-070409 2
the Easement Property shall be placed and constructed so as to allow, to the fullest extent
reasonably possible, unobstructed movement through the water column in the Easement
Property. Grantee also shall mark the location of the Permitted Use with painted metal posts and
signs placed in such numbers and locations as are necessary to give reasonable notice to the
public of the existence of any hazards associated with the improvements, and the location and
,limitations, if any, of the improvements. The signs shall identify the type of installation (e.g., "a
cable") and shall identify Grantee as the person responsible for the Permitted Use and its
maintenance.
8. COMPLIANCE WITH LAWS
Grantee shall, at its own expense, conform to all applicable laws, regulations, permits,
orders, or requirements of any public authority affecting the Easement Property and the
Permitted Use. Upon request, Grantee shall supply State with copies of permits or orders.
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION
9.1 Definition. "Hazardous Substance" means any substance which now or in the
future becomes defined or regulated under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection, contamination or
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C=. cleanup, including, but not limited to, the Comprehensive Environmental Response,
CM Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's
Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq.
9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous
Substances will not be used, stored, generated, processed, transported, handled, released, or
disposed of on, in, under, or above the Easement Property, except in accordance and compliance
with all applicable laws.
0 9.3 Current Conditions and Duty of Utmost Care. State makes no representation
about the condition of the Easement Property. Hazardous Substances may exist on, in, under, or
above the Easement Property. If there are any Hazardous Substances on, in, under, or above the
Easement Property as of the Commencement Date, Grantee shall exercise the utmost care with
respect to the Hazardous Substances, the foreseeable acts or omissions of third parties affecting
the Hazardous Substances, and the foreseeable consequences of those acts or omissions. The
standard of care required of Grantee by this Subsection 9.3 shall be that required of a person with
actual knowledge of the presence of Hazardous Substances, whether or not Grantee had such
actual knowledge.
9.4 Notification. Grantee shall immediately notify State if Grantee becomes aware of
any of the following:
(a) A release or threatened release of Hazardous Substances on, in, under, or
above the Easement Property or any adjoining property;
(b) Any problem or liability related to or derived from the presence of any
Hazardous Substance on, in, under, or above the Easement Property or adjoining property;
(c) Any actual or alleged violation of any federal, state, or local statute,
ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the
Easement Property or adjoining property; or,
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(d) Any lien or action with respect to any of the foregoing.
9.5 Indemnification and Burden of Proof.
(a) Grantee shall fully indemnify, defend, and hold State harmless from and
against any and-all claims, demands, damages, natural resource damages, response costs,
remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other
proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of
or are in any way related to:
(1) The use, storage, generation, processing, transportation, handling,
or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents,
employees, guests, invitees, or affiliates in, on, under, or above the Easement Property or any
adjoining property during the term of this Easement or during any time when Grantee occupies
or occupied the Easement Property or any adjoining property;
(2) The release or threatened release of any Hazardous Substance in,
on, under, or above the Easement Property or any adjoining property, which release or threatened
release occurs or occurred during the term of this Easement or during any time when Grantee
occupies or occupied the Easement Property or adjoining property and as a result of.
(i) . Any act or omission of Grantee, its subgrantees,
contractors, agents, employees, guests, invitees, or affiliates; or, . .
(ii) Any act or omission of a third party unless Grantee
exercised the utmost care with respect to the.foreseeable acts or omissions of the third party and
the foreseeable consequences of those acts or omissions.
(3) A breach of the obligations of Subsection 9.3, above, by Grantee,
its subgrantees, contractors, agents, employees, guests, invitees, or affiliates.
(b) Grantee will have use of and access to the Easement Property.
Accordingly, if State seeks to impose liability under Subsection 9.5(a), State will have the initial
burden of proving by a preponderance of the evidence the existence, release, or threatened
release of Hazardous Substances in, on, under, or above the Easement Property or any adjoining
property. Grantee shall then have the burden of proving by a preponderance of the evidence that
none of the indemnification provisions apply.
9.6 Cleanup. If a release of Hazardous Substances occurs on, in, under, or above the
Easement Property or other State-owned property arising out of any action or inaction described
or referred to in Subsection 9.5(a)(1), 9.5(a)(2) or 9.5(a)(3), above, Grantee shall, at its sole
expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances.
These actions shall include, without limitation, removal, containment and remedial actions and
shall be performed in accordance with all applicable laws, rules, ordinances, and permits.
Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of
governmental agencies, including natural resource damage claims. Any cleanup shall be
performed in a manner approved in advance in writing by State, except that in emergency
situations Grantee may take reasonable and appropriate actions without advance approval.
9.7 Sampling. State may conduct sampling, tests, audits, surveys or investigations
("Tests") of the Easement Property at any time to determine the existence, scope, or effects of
Hazardous Substances on the Easement Property, adjacent property, or natural resources. If such
Tests establish the existence, release or threatened release of Hazardous Substances which
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subjects Grantee to actual or potential liability under Subsection 9.5(a), above, Grantee shall
promptly reimburse State for all costs associated with such Tests. -
9.8 Reservation of Rights. No right, claim, or defense either party may have against
third parties is affected by this Easement and the parties expressly reserve all such rights, claims,
and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not
release Grantee from or affect Grantee's liability for claims or actions by federal, state, or local
regulatory agencies concerning Hazardous Substances.
10. REPORTING
Grantee shall, at State's request, provide State with copies of all reports, studies, or audits
which pertain to environmental problems and concerns and to the Easement Property, and which
are or were prepared by or for Grantee and submitted to any federal, state, or local authorities as
required by any federal, state, or local permit, license, or law. These permits include, but are not
limited to, any National Pollution Discharge and Elimination System Permit, any Army Corps of
Engineers permit, any State Hydraulics Permit, any State Water Quality certification, or
Substantial Development Permit.
11. PRESERVATION OF SURVEY CORNERS
Grantee shall exercise the utmost care to ensure that all legal land subdivision survey
corners and witness objects are preserved. If any survey corners or witness objects are destroyed
or disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land
surveyor in accordance with US General Land Office standards, at Grantee's own expense.
Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of
construction of improvements must be adequately referenced and/or replaced in accordance with
all applicable laws and regulations in force at the time, including but not limited to,
c.r Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey
cz~ corners and/or witness objects.
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12. TERMINATION OF EASEMENT
This Easement shall terminate if Grantee receives notice from State that Grantee is in
breach of this Easement and Grantee fails to cure that breach within sixty (60) days of State's
notice. If the breach is not reasonably capable of being cured within the sixty (60) days, Grantee
shall commence the cure within the sixty (60) day period and continue the cure with diligence
until completion. In addition to terminating this Easement, State shall have any other remedy
available to it. State's failure to exercise its right to terminate at any time shall not waive State's
right to terminate for any future breach. If Grantee ceases to use the Easement Property for the
purposes set forth in this Easement for a period of five (5) successive years, this Easement shall
terminate without further action by State and Grantee's rights shall revert to State. This
Easement may also terminate if Grantee provides State with sixty (60) days written notice of its
intent to terminate the Easement, in a form satisfactory to State. Any obligations of Grantee
which are not fully performed upon termination of this Easement shall not cease, but shall
continue as obligations until fully performed.
51-070409 5
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13. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT
13.1 Existing Improvements. On the Commencement Date, the following
improvements are located on the Easement Property: None. The improvements are not owned
by State ("Existing Improvements").
13.2 Grantee-Owned Improvements. So long as this Easement remains in effect,
Grantee shall retain ownership of all improvements and trade fixtures it may place on the
Easement Property (collectively "Grantee-Owned Improvements"). Grantee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to any
Unauthorized Improvements as defined in Subsection 13.5 below. No Grantee-Owned
Improvements shall be placed on the Easement Property without State's prior written consent.
13.3 Construction. Prior to any construction, alteration, replacement, removal or major
repair of any improvements (whether State-Owned or Grantee-Owned), Grantee shall submit to
State plans and specifications which describe the proposed activity. Construction shall not
commence until State has approved those plans and specifications and Grantee has obtained a
performance and payment bond in an amount equal to 0% of the estimated cost of construction.
The performance and payment bond shall be maintained until the costs of construction, including
c~ all laborers and materialpersons, have been paid in full. State shall have sixty (60) days in which
c► to review the proposed plans and specifications. The plans and specifications shall be deemed
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approved unless State notifies Grantee otherwise within the sixty (60) days. Upon completion of
construction, Grantee shall promptly provide State with as-built plans and specifications.
13.4 Removal. Grantee-Owned Improvements shall be removed by Grantee by the
Termination Date unless State notifies Grantee that the Grantee-Owned Improvements may
o remain. If the Grantee-Owned Improvements remain on the Easement Property after the
r., Termination Date, they shall become the property of State without payment by State. Grantee
J= shall notify State at least 180 days before the Termination Date if it intends to leave the Grantee-
Owned Improvements on the Easement Property. State shall then have ninety (90) days in which
to notify Grantee that it wishes to have the Grantee-Owned Improvements removed. Failure to
notify Grantee shall be consent that the Grantee-Owned Improvements may remain,on the
Easement Property. If the Grantee-Owned Improvements remain on the Easement Property after
the Termination Date without State's consent, they still will become the property of the State but
the State may remove them and Grantee shall pay the costs of removal and disposal upon State's
demand.
13.5 Unauthorized Improvements. Improvements made on the Easement Property
without State's prior written consent or which are not in conformance with the plans submitted to
and approved by State ("Unauthorized Improvements") shall immediately become the property of
State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements,
State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee
rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon
request, State may remove it and charge Grantee for the cost of removal and disposal.
51-070409 6
14. INDEMNITY
Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and
agents from any and all liability, damages (including damages to land, aquatic life, and other
natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees),
penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control
of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, except as may arise solely out of the willful or negligent act of State or
State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee
shall not be required to indemnify, defend, and hold State harmless from State's sole or
concurrent negligence. This section shall not in any way limit Grantee's liability under Section 9,
above.
15. INSURANCE
At its own expense, Grantee shall procure and maintain during the Term of this Easement
the insurance described in Subsections 15.1 and 15.2, below. This insurance shall be issued by
an insurance company or companies licensed to do business in the State of Washington which
have a B+ or. better rating in "Best's Insurance Reports" or a comparable rating by another rating
G, company acceptable to State.
15.1 Types of Required Insurance.
(a) Liability Insurance. Grantee shall procure and maintain public liability
o insurance covering all claims for personal injury or property damage arising on the Easement
' Property or arising out of Grantee's operations. The liability insurance shall be in the form of
marina liability insurance, commercial general liability insurance, or both, as applicable. Limits
0 of liability shall be not less than $1,000,000 for each occurrence and not less than $2,000,000
C1141 . annual aggregate. Such limits may be achieved through the use of umbrella liability insurance.
c State may impose changes in the limits of liability:
(1) As a condition of approval of assignment of this Easement;
(2) Upon any breach of Section 9, above; or,
(3) Upon a material change in the condition of any improvements.
New or modified insurance coverage shall be in place within thirty (30) days after
changes in the limits of liability are required by State. The liability policies shall contain a
cross-liability provision such that the policy will be construed as if separate policies were issued
to Grantee and to State.
(b) Physical Property Damage Insurance. Grantee shall procure and maintain
physical property damage insurance covering all real and personal property located on or
constituting a part of the Easement Property in an amount equal to at least one hundred percent
(100%) of the replacement value of all improvements on the Easement Property (regardless of
ownership). Grantee may obtain such insurance on an "Agreed Value" basis. Such insurance
may have commercially reasonable deductibles. Any co-insurance provisions of the policy will
be endorsed to be eliminated or waived.
(c) - Worker's Compensation Insurance. Grantee shall procure and maintain:
51-070409 7
(1) State of Washington Worker's Compensation coverage, as
applicable, with respect to any work by Grantee's employees on or about the Easement Property
and on any improvements and,
(2) Longshore and Harbor Worker's Act and Jones Act coverage, as
applicable, with respect to any work by Grantee's employees on or about the Easement Property
and on any improvements.
(d) Builder's Risk Insurance. Grantee shall procure and maintain contingent
liability and builder's risk insurance in an amount reasonably satisfactory to State during
construction, replacement, or material alteration of the Easement Property or improvements on
the Easement Property. Coverage shall be in place until the work is completed and evidence of
completion is provided to State.
15.2 Terms of Insurance. The policies required under this Section 15 shall name State
as an additional insured (except for State of Washington Worker's Compensation coverage).
Grantee shall provide certificates of insurance and, if requested, copies of policies to State.
State's receipt of such certificates or policies does not constitute approval by State of the terms of
such policies. Further, all insurance policies described in Subsection 15.1 shall:
(a) Be written as primary policies not contributing with and not in excess of
coverage that State may carry;
va (b) Expressly provide that such insurance may not be materially changed,
CO amended, or canceled with respect to State except upon forty-five (45) days prior written notice
from the insurance company to State;
o (c) Contain an express waiver of any right of subrogation by the insurance
company against State and State's elected officials, employees, or agents;
(d) Expressly provide that the insurance proceeds of any loss will be payable
o notwithstanding any act or-negligence of Grantee which might otherwise result in a forfeiture of
said insurance;
n (e) Expressly provide that State shall not be required to give notice of
c111 accidents or claims for which State has no liability for premiums; and,
(f1 In regard to physical property damage and builder's risk coverage,
expressly provide that all proceeds shall be paid jointly to State and Grantee.
15.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the
insurance described above, State shall have the right to procure and maintain substitute insurance
and to pay the premiums on the insurance.
16. TAXES AND ASSESSMENTS
Grantee shall promptly pay all taxes, assessments and other governmental charges of any
kind whatsoever levied as a result of this Easement or relating to Grantee's improvements
constructed pursuant to this Easement.
17. ADVANCE BY STATE
If State advances or pays any costs or expenses for or on behalf of Grantee, including but
not limited to taxes, assessments, insurance premiums, costs of removal and disposal of
unauthorized materials, costs of removal and disposal of improvements, or other amounts not
51-070409 8
paid when due, Grantee shall reimburse State the amount paid and shall pay interest on such
amount at the rate of one percent (1%) per month from the date State notifies Grantee of the
advance or payment.
18. NOTICE
Any notices required or permitted under this Easement may be personally delivered,
delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the
following addresses or to such other places as the parties may direct in writing from time to time:
To State: DEPARTMENT OF NATURAL RESOURCES
South Puget Sound Regional Office
950 Farman Street North
PO Box 68
Enumclaw, WA 98022-0068 -
To Grantee: CITY OF AUBURN
25 West Main Street
Auburn, WA 98001-4998
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
CD forth above, whichever is applicable.
19. ASSIGNMENT
° Grantee shall not assign its rights in the Easement or grant any rights or franchises to .
cr third parties, without State's prior written consent. State reserves the right to change the terms
and conditions of this Easement upon its consent to any assignment.
20. SUCCESSORS AND ASSIGNS
This Easement-shall be binding upon and inure to the benefit of the parties, their
successors and assigns and shall be a covenant running with the land.
21. TIME IS OF THE ESSENCE
TIME IS OF THE ESSENCE as to each and every provision of this Easement.
22. RECORDATION
Grantee shall record this Easement in the county in which the Easement Property is
located, at Grantee's sole expense. Grantee shall provide State with recording information,
including the date of recordation and file number. Grantee shall have thirty (30) days from the
Commencement Date to comply with the requirements of this section. If Grantee fails to 'record
this Easement, State may record it and Grantee shall pay the costs of recording, including
interest, upon State's demand.
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23. APPLICABLE LAW AND VENUE
This Easement shall be interpreted and construed in accordance with and shall be subject
to the laws of the State of Washington. Any reference to, a statute shall mean that statute as
presently enacted or hereafter amended or superseded. Venue for any action arising out of or in
connection with this Easement shall be in the Superior Court for Thurston County, Washington.
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24. MODIFICATION
Any modification of this Easement must be in writing and signed by the parties. State
shall not be bound by any oral representations or statements.
THIS EASEMENT is executed as of the Iq day of 49=
STATE:
STATE OF WASHINGTON
DEPARTMENT FNATURAL
RESOURCES a l
By:
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GRANTEE:
CITY OF AUBURN
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tDnENNIS R. &1~6DY, P. E.
Its: Commissioner of Public Lands
Dated: !y/~ /
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PROOFED
51-070409
Its: City Engineer
Dated: 6 /
10
STATE OF WASHINGTON)
ss.
COUNTY OF (fit U eS I D I )
D0u6, Sul-ttO-PLAr\0
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and is the Commissioner of Public Lands of the State of
Washington Department of Natural Resources. I further certify that said person acknowledged
the foregoing to be the free and voluntary act of the STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES for the uses and purposes mentioned in the
instrument, and on oath stated that she is duly authorized to execute and acknowledge said
instrument.
DATED: (D2CPm be✓ 1 q, & l~
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NE t-8-9-0-k CLA-y rJ~ ,rvo L Q
~Q. \SS101V 9y (Type/Print Name)
Notary Public in and for the State of Washington
~Q- NOTARYresiding at O L,l M Pr
(P~i PUBLIC My Commission Expires -7 3L) -05
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51-070409 11
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis R. Dowdy is 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 CITY
ENGINEER OF PUBLIC WORKS of the CITY OF AUBURN to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated I Ito to-l..
~O ,.~g1oNA
~4t%0TARY
o PUBO AJ
Notary Public i and for the S a e of Wa hington
►►►s~q s o.°••'' residing at
W►~; ' My appointment expires d3 /015
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"EXHIBIT A"
51-070409
City of Aubum
Lea Hill Intcrtie Project
Green River Crossing
PRELEMINARY LEGAL DESCRIPTION for EXHIBIT A
Art aquatic land lease descripdou of a portion of the Green river hying in the Southeast quarter of Section
6, Township 21 North, Range 5 East. WN-1. King County, Washington, more particularly dcscnbed as
follows:
Commencing at the Corner conunon to Sections 5, 6. 7 and S. Township 21 North. Range 5 East, WM.:
thence N 77° 29' 28" W. 787.25 feet to a proposed waternmin centerline: thence along said proposed
watermain centerline N 88° 55' 35" W, 39.57 feet to the line of ordinary high water on die East side of
the Green river and the TRUE POINT OF BEGr.NNTNG of this lease area descrpdon, said lease area
sidelines lying 70 feet northerly and 50 feet southerly and parallel to said proposed watcrm.-un centerline;
thence continuing along said proposed ivatermain centerline N 88° 55' 35" E, 139.00 feet to the line of
ordinary high water on the West side of the Green river and die terminus of this lease ama description;
thence continuing along said proposed watermain centerline N 88° 55' 35" W. 111.97 to a point which
lies S 26° 54'.49" W, 2749.05 feet distant from the quarter corner common to Sections 5 and 6, Township
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CID 21 North Range 5 East, "r.M. The sidelines of this lease area being lengthened or shonened as necessary
C-1 so . as to intersect the East and West lines of ordinary high water of the Green river.
Containing 16 680 square feet or 0.38 acres more or less.
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c This preliminary legal description is for DNR aquatic lease application purposes only. Subject to
revision after additional field survey.
"EXHIBIT A Continued"
51-070409
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"EXHIBIT B"
51-070409
PLAN OF OPERATION FOR
INSTALLATION OF A WATERLINE ACROSS THE GREEN RIVER
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The following sequence of steps will be implemented for the river crossing:
1. Construct the temporary infiltration pond in the Golf Course area, and. install a .
transmission pipe from the River to the temporary infiltration pond.
2. Install the diversion dam on side A of the River. Side A (west or east) shall be
Contractor's choice.
3. De-water Side A area inside the diversion dam. Maintain de-watering until
completion of Step 7.
4. Excavate trench and install pre-cast trench sections in Side A.
5. Assemble pipe in Side A pre-cast trench section, plugging both ends with test caps.
Pressure test the pipe.
6. Encase the pipe in Side A in concrete. Either maintain the pipe under continuous test
pressure during encasement, or retest the pipe after encasement has been completed.
7. Backfill remainder of pre-cast trench box and trench in Side A with required materials
including spawning gravel. Restore Side A river bank.
8. Discontinue de-watering of Side A, allow river level.to rise inside the diversion dam
to elevation equal to level outside the dam.
9. Remove the diversion dam from Side A.
10. Install the diversion dam on side B of the river, extending beyond the end of Side A.
11. De-water Side B area inside the diversion dam. Maintain de-watering until
completion of Step 15.
12. Excavate trench and install precast trench sections in Side B.
13. Assemble the pipe in Side B precast trench section, connecting to the previously
installed Side A pipe and plugging the Side B end with a test cap. Pressure test entire
pipe.
14. Encase the pipe in Side B in concrete. Either maintain the pipe under continuous test
pressure during encasement, or retest the pipe after encasement has been completed.
Pig the entire pipe to remove all debris.
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"EXHIBIT B Continued"
51-070409
15. Backfill remainder of precast trench box and trench in Side B with required materials
including spawning gravel. Restore Side B river bank.
16. Discontinue de-watering of Side B, allow river level to rise inside the diversion dam
.to elevation equal to level outside the dam.
17. Remove the diversion dam from Side B.
18. Remove the temporary infiltration pond and transmission main and restore the Golf
Course area.
19. Install pipe away from (east and west from) the River Crossing.
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