HomeMy WebLinkAbout9610240568 CONSTRUCTION EASEMENT 102496RECEIVED -fl-ilS DAY w
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AFTER RECORDING, RETURN TO: NE 19-21-05
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City of Auburn co
25 West Main Street
Auburn, WA 98001.4998
ATM: City Clerk
CONSTRUCTIONEASEMENT711 ,1 o ;d S
THIS AGREEMENT, made this qth day of Al,n ~ t 19 rte, between
the CITY OF AUBURN, a municipal corporation of King County, State of Washington,
hereinafter termed "Grantee", and Barbara Frances Strickland Bailey, Successor Co-Trustee
under the Trust of Rex Strickland and Lorena Strickland dated June 30, 1948 for the benefit of
Nancy Louise Strickland Rowe and Successor Co-Trustee under the Trust of Rex Strickland and
Lorena Strickland dated June 30, 1948 for the benefit of Lorena Mary Strickland;
Nancy Louise Strickland Rowe, Successor Co-Trustee under the Trust of Rex Strickland and
Lorena Strickland dated June 30, 1948 for the benefit of Barbara Frances Strickland Bailey and 8
Successor Co-Trustee under the Trust of Rex Strickland and Lorena Strickland dated June 30,
1948 for the benefit of Lorena Mary Strickland, and a
Lorena Mary Strickland, Successor Co-Trustee under the Trust of Rex Strickland and Lorena
Strickland dated June 30, 1948 for the benefit of Nancy Louise Strickland Rowe and Successor
Co-Trustee under the Trust of Rex Strickland and Lorena Strickland dated June 30, 1948 for the kD
benefit of Barbara Frances Strickland Bailey "Grantors". o
WITNES SETH.:
The Grantor does hereby grant unto the Grantee and its authorized agents a temporary right-of-
way or easement to be used only during construction of commercial sidewalk, driveways and
relocation of traffic signal controller and traffic signal J-box, on adjacent property; said temporary
easement shall terminate upon completion and acceptance by the City of Auburn or on January 1,
1997, whichever comes first. The said temporary right-of-way or easement shall be through and
G across the following described property situated in King County, Washington, more particularly
described as follows:
" SEE EXHIBIT "A." ATTACHED HERETO AND BY THIS REFERENCE
G0 MADE A PART HEREOF.
CT!
Said Grantee shall bear all costs to construct the above-4/scribed improvements.
By
Agent of Trustee under t e Trust of
Rex Strickland and Lorena Strickland
idated June 30, 1948
n
STATE OF WASHINGTON)
&I Dh bYV1 t5 )ss.
COUNTY OF KtNO' )
I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, hereby certify that on this day personally appeared before me V. Al len Gray, Agent of
Trustee under the Trust of Rex Strickland and Lorena Strickland dated June
30, 1948 . to me known
to be the individual(s) described in and who executed the foregoing instrument and acknowledged
that he signed and sealed the same as h i s free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my~g#&4 ~'gtA& 9th day of August , 1996
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10 o", XV
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00600
I Q,TARY PUBLIC IN AND FOR THE STAT OF
WASHINGTON, RESIDING AT Wyl ,,-u
MY COWAIISSION EXPIRES I](,'
REF. H:IPROJ\PR571-10\E96-693
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EXHIBIT "A"
That portion of Government Lot 6 in Section 19, Township 21 North, Range 5 East, W.M.;
Beginning at a point on the south line of said Lot, which is south 89°27'27" west, a distance of
992.13 feet from the southeast corner thereof; thence north 0°32'33" west, a distance of 30 feet
to the true point of beginning of the tract of land herein described; thence north 0°32'33" west, a
distance of 100 feet; thence north 43°02'48" west, a distance of 58 feet; thence north 89°36'55"
west 166 feet, more or less, to the easterly right-of-way line of Primary State Highway No. 5;
thence southerly along said easterly right-of-way line to the north line of the south 30 feet of said
lot; thence north 89°27'27" east to the true point of beginning; situate in the City of Auburn, King
County, Washington.
Described as follows:
Beginning at the northwest corner of the above-described tract of land;
Thence southerly along said easterly right-of-way line to the north line of the south 30 feet of said
Government lot 6;
Thence north 89°27'27" east, along the north line of the south 30 feet of said lot, a distance of
24.91 feet;
Thence north 62°31'23" west, a distance of 24.21 feet to a point lying 10 feet as measured
perpendicular to said easterly right-of-way line;
Thence northerly, along a line parallel with and 10 feet when measured perpendicular to said
easterly right-of-way line, a distance of 178.86 feet to the north line of the above-described tract
of land;
Thence north 89°56'55" west, along last said north line, a distance of 13.84 feet to the point of
beginning.
Contains 2,004 square feet of land more or less.
GO
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Parcel No. 192105-9252
REF. H:\PROJ\PR571-10\E96-693
CITY OF AUBURN'
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:December 2, 1993
Resolution No. 2448, Easement thru Les
Gove Park for Underground Electric
Department:
Attachments:
Budget Impact:
Public Works
Res. No. 2448, :Easement &
None
Map
Administrative Recommendation:
Introduce and adopt Resolution No. 2448.
Background Summary:
Resolution No. 2448 authorizes
the Mayor
and City Clerk to
execute an Easement through a
portion of
Les Gove Park for
underground electric system be
tween the City of Auburn and
Puget Sound Power & Light Company.
File: A3.13.2
REF. W1206-1 PW/C
Reviewed by Council Committees & Commissions:
Reviewed by
Departments & Divisions:
Arts Commission COUNCIL COMMITTEES:
_ Airport
_ M&O
_
_ Hearing Examin. _ Finance
_ Building
_ Mayor
- Human Resources _ Municipal Services
Cemetery
_ Parks
- Library Board _ Planning & CD
_ Finance
_ Personnel
Park Board xx Public Works
Fire
_ Planning
Planning Comm.:
_ Legal
Police
_ Other
Library
xx Public Works
Approved Call.fo Hearing
Referred tD
Until
Committee pproval Yes No
Tabled
Until
Counci lmember: Wagner Staff: Currie
Meeting Date: 12/06/93 Item Number: VII.BA Page: 1
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RESOLUTION NO. 2 4 4 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
EASEMENT THROUGH A PORTION OF LES GOVE PARK FOR UNDERGROUND
ELECTRIC SYSTEM BETWEEN THE CITY AND PUGET SOUND POWER & LIGHT
COMPANY.
WHEREAS, Puget Sound Power & Light Company has an
existing underground electric system located in a portion of
Les Gove Park which is owned by the City of Auburn and which
is located within the City of Auburn; and
WHEREAS, Puget Sound Power & Light Company does not have
an easement for such existing underground electric system;.and
WHEREAS, Puget Power has requested an easement from the
City of Auburn for the purpose of replacing the existing
underground cables to improve service reliability at Les Gove
Park located north of 12th Street S.E. and "J" Street S.E.;
and
WHEREAS, the City of Auburn pursuant to a recommendation
of the Parks and Recreation Department agrees with the
granting of such easement.
NOW1THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of
Auburn are hereby authorized to execute an "Easement for
Resolution No. 2448
November 22, 1993
Page 1
CITY ATTORNEY
City of Auburn
25 W. Main
Auburn, VA 98001
(206) 931-3030
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Underground Electric System" between the City of Auburn and
Puget Sound Power & Light Company for an easement through a
portion of. Les Gove Park. A copy of said Agreement is
attached hereto, designated as Exhibit "A", and incorporated
herein.
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
DATED and SIGNED this 6th day of December, 1993.
CITY OF AUBURN
M A Y O R
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
I ?Y- 4, 0 ~ k" ~
Stephen R. Shelton,
City Attorney
Resolution No. 2448
November 22, 1993
Page 2
CITY ATTORNEY
City of Auburn
25 W. Main
Auburn, WA 4$001
(206) 931-3030
.fit . - . ,
t-
AUMART
JUVAHM
EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM
Oply
For and in consideration of One Dollar ($1.00) and other valuable consideration. the recelpt of which is hereby
acknowledged, THE CITY OF AUBURN, a Munici2al Corporation ('Grantor' herein), grams, conveys and warrants to
PUGET SOUND POWER h LIGHT COMPANY, a Washington corporation (Grantee' heroin), for the purposes
herainatter set forth a perpetual easement under, across and over the following described real property (the
'Property' herein) King County, Washington.
A portion of the Northeast quarter of Section 19,
Township 21 North, Range 05 East, W.M., described as
follows:
Beginning at a point 450 feet West of the Northeast
corner of the Northwest quarter of the Northeast
quarter,
THENCE South 21°01'48" East 469.19 feet;
THENCE South 00°12'35" West 849.69 feet;
THENCE North 89°27'27" East 250 feet;
THENCE South 00°12'35" West 30 feet to the South line of
said subdivision;
THENCE South 89°27'27" West 852.13 feet;
THENCE North 00°32'33" West 240 feet to the TRUE POINT
OF BEGINNING;
THENCE continuing North 00°32'33" West to a paint which
lies 100 feet North of the Northwest Right-of-Way of
J Street Southeast;
THENCE West parallel to the North line of said
subdivision 82.05 feet;
THENCE South 00°32'33" East to a point which lies North
53°40'48" West 102.05 feet from the TRUE POINT OF
BEGINNING;
THENCE South 53°40'48" East along said line to the TRUE
POINT OF BEGINNING.
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the
'Right-of-Way' herein) described as follows:
A Right-of-Way ten (101 feet in width having live (5) feet of such width on each side of a centerline described as
follows:
The centerline of Grantee's facilities as constructed or
to be constructed, extended or relocated, lying within
the.above described Property.
1. Purpose. Grantee shall have the right to construct, operale, maintain, repair, replace and enlarge an underground
electric transmission ardor distribution system upon and under the Right-cf-Way together with all necessary or
convenient appurtenances therefore, which may include but are not limited to the following: underground conduits,
` cables, communication lines; vaults, manholes, switches, and transformers; and semi-buried or ground mounted
facilities. Folbwirg the initial construction of its facilities, Grantee may from time to time construct such additional
facilities as 4 may require.
2. Access. Grantee shall have the right of access to the Right-of-Way over and across the Property to enable
Grantee to exercise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the
Property caused by the exercise of said right of access.
3. Obstructions; Landscaping. Grantee may from time to time remove trees, bushes, or other obstructions within
the Right-of-Way and may level and grade the Right-of-Way to the extent reasonably necessary to carry out the
purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extent
reasonably practicable, restore the Right-d-Way to the condition it was immediately prior to such work Following the
installation of Grantee's underground facilities. Grantor my undertake any ordinary improvements to the landscaping
of the Rightof-Way, provided that no trees or other plants shall be placed thereon, which would be unreasonably
expensive or impractical for Grantee to remove and restore.
4. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not
inconsistent with the rights herein granted, provided: that Grantor shall not construct or maintain any building or other
structure on the Right-of-Way, which would interfere with the exercise of the rights herein granted: that no digging,
tunneling or other form of construction activity shall be done on the Property, which would disturb the compaction or
unearth Grantee's facilities on the Right-of-Way, or endanger the lateral support to said facilities; and that no blasting
shall be done within 15 feet of the Rightot-Way.
5. Indemnity. By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantor
from any and all claims for injuries and/or damages suffered by any person, which may be caused by the Grantee's
exercise of the rights herein granted; provided that Grantee shall not be responsible to Grantor for any injuries and/or
damages to any person caused by acts or omissions of Grantor.
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6. Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the Right-of.
Way for a period of five (5) successive years. In which event this easement shall terminate and all rights hereunder
shall revert to Grantor, provided that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to Initially Install its facilities on the Right-at-Way within any period of time from the date hereof.
T. Suoosswre and Assigns. The rights and obligations of the parties shell inure to the benefit of and be binding
upon their respective successors and assigns.
DATED this day of 11993.
GRANTOR
THE CITY OF AUBURN, a Municipal Corporation
BY
By
STATE OF WASHINGTON )
COUNTY OF KING )
)
On this day of 19 . before me the undersigned, a
notary public In and for the State of Washington, dui oommisabned and swam, personally appeared
to me known to be the of THE CITY OF AUBURN. the Municipal
Corporation that executed the 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
is aualtorized to execute the said instrument
Witness my hand and official seal hereto of xed the day and year in this certificate above written.
Notary Public in and for the State of Washington,
Residing as
My commission expires
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TENNIS COURT PUGET POWER
82. 5' EASEMENT
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SCALE: 1"=100'
3~ 46
12TH ST SE
PUGET POWER EASEMENT
LES GOVE PARK