HomeMy WebLinkAbout5179571 STREET EASEMENT 070860A% A
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DEPARTMENT OF THE ARMY
EASEMENT FOR ROAD OR STREET
NO. DA(S)45-108-ENG-420
ONAUBURN DEPOT ACTIVITY. WASHINGTON
_ WHEREAS, on the 24th day of July 1947, the Secretary of War granted
King County, Washington, an easement to extend a public road over approxi-
mately 3.62 acres of land acquired in fee simple by the United States for
use in connection with the military installation then known as the Auburn
General Depot, now the Auburn Depot Activity of Utah General Depot; and
WHEREAS, on the 29th day of January 1957, the City of Auburn, Wash-
ington, annexed an area of King County which included the area affected
by the aforesaid easement granted on-24 July 1947; and
WHEREAS, King County has given formal notice.that the County no longer
has any jurisdiction in the annexed area; and
WHEREAS, the Secretary of the Army, having determined that King County
abandoned the rights granted in the aforesaid easement of 24 July 1947, has T~
terminated, annulled and forfeited, all the rights of way granted by the
easement; and
WHEREAS, the City of Auburn has made application for an easement for
aright-of-way for a road or street over substantially the same land now
within its boundaries;
NOW THEREFORE, `THE SECRETARY OF THE ARNY, under and by virtue of the
authority vested in him by Title 10, United States Code, Section 2668 here-
by grants to THE CITY OF AUBURN, a municipal corporation of the State of
Washington, hereinafter designated as the grantee, an easement for a right-
of-way for a road or street over, across, in, and upon lands of the United
States described as follows:
A parcel of land located .n the SEJ of'Section 25, Township 21
North, Range 4 East, Willamette Meridian, King County, Washington,
described as a strip 60 feet wide, 30 feet on each side of a
centerline which begins_ in the south line of said Section 25,
S. 89016'55" W., 453.4 feet from the southeast corner thereof and
runs thence N. 2012'33' W., 2625 feet, more or less, to the east-
west centerline of said Section 25 at a point which bears S. 890
46102" W., 567.04 feet from the east quarter corner of said Section
25.
Contains 3.62 acres, more or less.
as shown in red on Exhibit "A" attached hereto and made a part hereof.
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THIS EASEMT is granted subject to the following provisions and
conditions:
1. The construction, use,and maintenance of said road or street,
including culverts and other drainage facilities, shall be performed
without cost or expense to the:United States, under the general super-
vision and subject to the approval of the officer having-immediate juris-
diction over said premises.
20 The grantee shall at all times maintain said road or street in
good condition and shall promptly make all repairs thereto needed to
- preserve a smooth-surface highway.
Y 3: any property of the United States damaged-or destroyed by the
grantee incident to the use and occupation of the said premises shall
be promptly repaired or replaced by the grantee to the satisfaction of
the said officer, or in lieu of such repair or replacement the grantee
shall, if so required by said officer, pay to the United States money
in an amount sufficient to compensate for the loss sustained by the United
States by reason of damages to or destruction of Government property.
1+. The use and occupation of said,.lands of the United States for
the purposes authorized by this instrument shall be subject to such
rules and regulations as the said officer may prescribe from time to
time in order to properly protect the interests of the United States.
5. The United States shall in no case be liable for any damages or
injuries to-the said road or street which may be caused'by or result from
any operations undertaken by the Government, and no claim or right to
compensation shall accrue from such damages or injuries.
6. The United States reserves the right to make such connections
between the road or street herein authorized and roads and streets on
said lands as the Chief of Engineers may from time to time consider nec-
essary, and also reserves to itself rights-of-way for all purposes across,
over, and/or under the right-of-way hereby granted; provided, however,.
..-that such-rights-shall be used in a manner that will not create unnecessary
interference with the use and enjoyment by the grantee of said right-of-way
for highway purposes.
7. It is to be understood that this instrument is effective only
insofar as the rights of the United States in the property over which
the said road, or street is to be extended are concerned, and that the
grantee shall obtain such permission as may be necessary on account of
any other existing rights.
.8. All or any part of such right-of-way herein granted may be termin-
ated by the Secretary of the Armyq for failure to comply with any or all of
the terms or conditions of this grant, or for non-use for a two-year period
or abandonment of rights granted herein.
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6voC 051 PAGE156
9. It is.understood that the provisions of Conditions Nos. 1 and 5,
supra, shall not abrogate or interfere with any agreements or commitments
made or entered into between the grantee and any other agency of the
United States with regard to financial aid to the grantee in connection
with the construction, maintenance, or repair of the road or street de-
scribed herein.
10. The United States shall not be responsible for damages to property
LO or injuries to persons which may arise from or be incident to the use and
r~_ occupation of the said premises, nor for damages to the property of the
t-4 grantee, nor for-damages-to the property or injuries to the person of the
grantee's officers, agents, servants, or employees, or others who may be
on said premises at their invitation or the invitation of any one of them,
arising from or incident to-governmental activities, and--the grantee shall
hold the United States harmless from any and all such claims.
11. The United States shall not be responsible for damages to property
or injuries to persons which may arise from or be incident to the construc-
tion, maintenance, and use of said road or street.
12. This easement supersedes that certain easement for road purposes
granted to King County, Washington, on 21,, July 1947, which the Secretary
of the Army, having determined that King County abandoned the rights granted
thereby, has terminated, annulled and forfeited.
This easement is not subject to Title 10, United States Code,. Section
2662.
IN WITNESS WHEREOF I have hereunto set my hand this a3/t~ day of
1960 by direction of the Assistant Secretary of the
Army (Logistics).
0
MILBURNE WEBB .
Director of Industrial Mobilization
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My `Conmission Expires. l9 Aug.: 198 .
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