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Home My WebLink About6706127 SLOPE EASEMENT 10217074 '3 THIS AGREEMENT, dated the 24 day of September , 1970, by and between STANDA13D OIL COMPANY OF CALIFORNIA, a corporation, hereinafter O termed "Standard", and the CITY OF AUBURN, a municipal corporation of King County, Washington, hereinafter termed "City", W I T N E S S E T H• 1. Standard, for and in consideration of the full and prompt per- formance of the.things to be performed by City, as hereinafter set out and contained, hereby gives permission to City, subject to termination as here- inafter provided and under the terms, conditions and provisions hereinafter contained, to create and maintain cut slopes and fill slopes on that certain real property (hereinafter called "said premises") situate in the County of King, State of Washington, and described as follows: The South 3 feet of the following described property: The South 120 feet of Lot Block C, Lunn's Garden Tracts to Auburn as recorded in Volume 10, Page 33 of Plats, records of King County, Washington. Situate in -1ST",W 1:30, Township 21 North, Range 4 East, W.M., City of Auburn, County of King, State of Washington. 2. Standard, its successors or assigns, shall have the right at any time to remove such cut slopes and fill slopes or portions thereof upon eliminating the necessity therefor or upon providing in place thereof other adequate lateral support for the protection and support of Standard's lands and City's adjacent street, and thereupon the rights granted herein shall cease and terminate as to that portion of said premises where the slopes have been so xemoved. 3. City shall finish all cut slopes created on said premises with a 1 to 1 side slope, and City shall finish all fill slopes created on said premises with a 2 to 1 side slope. 4. Before any excavations are made on said premises and during all times that work is being performed City shall plainly mark the exact location of all pipelines or other facilities which may be below the surface of the ground or otherwise not plainly visible, and City shall accept responsibility for so doing and be liable for all loss, damage, injury or death caused or contributed to by any lack of or improper marking. 5. All operations hereunder by the City shall be conducted in a safe and workmanlike manner, and the City shall exercise all reasonable precaution to avoid injury to persons or damage to or loss of property in exercising the permission hereby given. 6. The permission herein given to City may, at the option of City, be exercised by any agent or contractor of City provided, however, that (a) City will notify Standard in writing of the name of the agent or contractor; (b) City agrees that the conditions contained in this permit shall be made a part of any contract with such agent or contractor; and (c) City will require its agent or contractor to hold Standard harmless from all claims for injury to persons or damage to property resulting from the agent or contractor's operations on said premises in substantially the following form: Contractor agrees to indemnify and hold harmless Standard Oil Caupany of California against and from any loss or liability or claim resulting from or for damage to any property or injury to or death of any person caused in whole or in part by contractor or its bubcontractors, agents, employees, licensees,.or permittees in the per- ' N formance of this contract; save-and except in those instances where such damage.,,.injury or death is proximately ~p caused by the sole negligence of Standard Oil Company of O California, or its agents, employees or contractors who are directly responsible t%St"dan Oiol~ Go~paLn of California. 44 , 7. Nothing herein containe~vshall be construed as a waiver by Standard of the right to comrpensationrfrom City for any damage to or loss of property (other than compensation for''the taking of the premises as herein permitted) or injury to or death of persons by reason of the exercise of this permission, or of any remedy authorized by law to secure payment therefor. 8. The permission herein given is personal to City and shall not be assigned or transferred by City in whole or in part without the written consent of Standard first being had. No written consent by Standard here- under shall be deemed a waiver by Standard of any of the provisions hereof, except to the extent of such consent. 9. City agrees that Standard is under no obligation to maintain any cut slopes or fill slopes created by City on said premises and shall not be responsible for any damage to City's adjacent street by reason of the existence of said slopes or the lack of maintenance thereof. City hereby recognizes Standard's title and interest in and to said premises. 10. The permission herein given is subject to all valid and existing licenses, grants, exceptions, reservations and conditions affecting said premises. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate. STANDARD OIL COMPANY OF CALIF0 By 4* r r• d f , t Contract. entt' _ - - Assistant Secreter CITY 0 AUBURN - 2 - i r U tJ-rAT41XJ "9'_9, ,Obi 1; } C e y . ? cJ~ ~I Z; V %Jvc a TT2 ~ 7~17G -Gal' ;2 T2't,F - r O. .a ♦ ` :~',.u ~:1~.. ~ 4 .C. t. t; 1 1. 'r ~ :ice. ; ' G T:, Tn.C;j c C. • a .Sll. '.~~T EI. j, JC~ ' _ )'J ~ . L_J LL- - 'i> .....EC_iL ;•r:. [ TC G .C - , :',C:,' i .G';. C C :i'; i C °C,.'... .G..:" :r ;G t..c•'.C:: I ~ 1 . . . . c ,,r.' G E •i t RECOR00 . 't: TC •1 a. - n/~ r,-.. w•, pc.. t ..r• 1 Q.'. J;, J' ~ . .J !.S;'E, J$1V.VL ;:U..~t.. - , , • i PM 2, 57 co M RLX MCnii ' R0BE . 't~'oV i r'' , In C.. GE V-i ~ ~ / ~ -'i _ ...E • v-4 FLED ^r•R atac` Name • Address............. ; , 'or _N O I-- 1-40 1 STATE OF CALIFORNIA ) f ) ss City and County of San Francisco ) On ACLU., before me, the undersigned, a Notary Public in and for the Ci and County of San Francisco, State of California, duly commissioned and sworn, personally appeared A. J. JACOBS and E. A. HANSEN to me knovm to be the Contract Agent and Assistant Secretary, respectively, of STANDARD OIL COMPANY OF CALIFORNIA, 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 they were authorized to execute said instrument. VI TNESS my hand and official seal heretb affixed the day and year in this certificate above written. E DMOND LEE KELLY NOT-WY PUBLIC - CALIFORNIA CITY AND COUNTY OF SAN Fn:1NC1SC0 My Commission Expires January 22, 1972 (94W ) mfor the City and aco, State of 31