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HomeMy WebLinkAbout9709020886 WATER EASEMENT 090297. f CITY CLERK CITY OF AUBURN 25 WEST MAIN STREET AUBURN. WASHINGTON 98001-4998 EASEMENT FOR WATER SYSTEM FACILITIES FILED BY PNVff W 35CO_112- IS/S' Grantor: La Pianta Limited Partnership, a Washington limited partnership Grantee: The City of Auburn, a Washington municipal corporation Legal Description (abbreviated): Portion of NE'/a, SW I/4 $28, Township 21 North, Range 5 East, W.M., in King County, Washington. The full legal description of area benefitted by Easement is set forth on EXHIBIT A. Full legal description of Easement Area is set forth on EXHIBIT B. Assessor's Tax Parcel IDS': Parcel burdened by Easement is 282105-9010. THIS EASEMENT FOR WATER SYSTEM FACILITIES ("Easement") is made and entered into this 13th day of January, 1997, by and between LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership ("Grantor") and THE CITY OF AUBURN, a Washington municipal corporation ("Grantee"), for the purposes hereunder specifically set forth. WHEREAS, Grantor hereunder is the owner of certain real property located in the City of Auburn, King County, Washington, and described on EXHIBIT "A" attached hereto and incorporated herein by this reference (the "Property"). For purposes of this Easement, the Property includes the Easement Area (as that term is defined herein); and WHEREAS' Grantee desires an easement under, over through and across the Property at a location more .C specifically described in the legal description set forth on EXHIBIT "B" hereto and the drawing set forth on EXHIBIT "C" hereto (the "Easement Area") in order to operate, maintain and repair certain water system N facilities. EXHIBITS "B" and "C" are attached hereto and incorporated herein by this reference; and 0 STS NOW THEREFORE, in consideration of mutual benefits, the sufficiency and receipt of which are hereby acknowledged, and in consideration of the performance of Grantee of the covenants, terms and conditions hereinafter set forth, which Grantee hereby promises to faithfully and fully observe and perform, Grantor hereby conveys and quitclaims to Grantee a nonexclusive, perpetual easement over, across, along, in, upon and under the Easement Area, according to the terms, conditions and covenants of this Easement ("Easement"). 1. Purpose. Grantee shall have the right to construct, operate, maintain, inspect, repair, and replace water system facilities and an underground powerline installed only for the purpose of serving such water system facilities within the Easement Area together with all necessary appurtenances thereto (collectively, the "Improvements") and shall have no other rights hereunder without the express written authorization of Grantor. 2. Access. Grantee shall have the right of access over and across the Easement Area to enable Grantee to exercise its rights and fulfill its obligations hereunder. Grantee shall compensate Grantor for any damages to the Easement Area, the Property, and/or to any improvements within and to the :Property and any property located thereon, resulting from or arising out of the exercise of Grantee's rights and/or fulfillment of Grantee's obligations hereunder. The Grantee shall design, construct, maintain and use the Improvements in such fashion as to permit reasonable and continuous access throughout the Property for Grantor, its agents, licensees and permittees, in all directions, and in such fashion as to accommodate and support vehicular travel over and across the Easement Area, including travel by heavy equipment. Grantee shall at all times keep the Easement Area free and clear of all obstructions and equipment. If requested by Grantor, Grantee shall make provisions for continued access by Grantor throughout the Property during Grantee's exercise of its rights and/or fulfillment of its obligations hereunder. 3. Compliance with Laws and Rules. Grantee shall at its sole cost and expense, install, construct, operate, maintain, remove, repair, replace and use the Improvements, and shall exercise any and all rights and fulfill any and all obligations hereunder, in accordance with the requirements of all applicable federal, Said document(s) were filed for' record by Pacific Northwest Title as; EASEMENT FOR WATER SYSTEM FACILITIES accommodation only, It has not beew examined as to proper execution or Grantor: La Pianta Limited Partnership ex ex to its effect capon title. Grantee: City of Auburn Page 1 of 5 r- state, and local laws, rules and regulations, including but not limited to, the orders, rules and/or regulations of any public authority having jurisdiction. Grantee shall ensure that all work is performed in strict compliance with the plans and specifications approved for same, and in as safe a manner as is possible, and otherwise in accordance with safety and other guidelines and directives provided by the Washington State Department of Labor and Industries and by any other governmental entities authorized to enact safety guidelines relating to the work to be performed hereunder. Grantee expressly covenants and agrees that no liens of mechanics, materialmen, laborers, architects, artisans, contractors, subcontractors or any other lien of any kind whatsoever shall be created against or imposed upon the Property resulting from or arising out of the exercise of Grantee's rights and/or fulfillment of Grantee's obligations hereunder. It is understood and agreed that in the event any such lien is recorded, Grantee shall have a reasonable time not to exceed thirty (30) days following Grantee's knowledge of said lien, to have said lien released of record at Grantee's sole cost and expense. 4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted including using any roadway constructed over the Easement Area, provided that Grantor shall not construct or maintain any buildings or other permanent structures on the Easement Area without Grantee's prior written consent. For purposes of this Easement, paved surfaces shall not be deemed or construed to be a structure. Grantor reserves all rights with respect to and including the Easement Area and the Property, including, without limitation; the right at Grantor's election to relocate a portion of the facilities installed pursuant to that certain easement granted to the City of Auburn by Steve and Eliza Sam, dated February 11, 1926, and recorded under Auditor's File No. 2314671 (the "Sam Easement") to the Easement Area and/or City of Auburn Right-of-Way for the S.E. Stuck River Road extension, and the right to grant leases, easements, licenses and permits to others subject to the rights specifically granted herein. In the event of such relocation by Grantor, the City of Auburn hereby agrees to abandon and release to Grantor in writing by way of a signed instrument in recordable form, the original facilities in their original location, and the applicable portion of the Sam Easement. S. Record Construction Drawings and Survey. Upon Grantor's request, Grantee shall promptly provide Grantor with record construction drawings and survey(s) showing the locations and elevations of the Improvements. :A 6. Grantee's Use and Activities. Grantee's rights hereunder shall at all times be subordinate to such rights of Grantor as are necessary to preserve and maintain the capabilities of the Easement Area and the C Property to be used for any legal purpose, and nothing herein contained shall prevent or preclude Grantor C N from undertaking construction, installation and use of any improvements within and to the Property. Grantee shall exercise its rights under this Easement so as to minimize and avoid, insofar as possible, interference with the use of the Property and shall at all times conduct its activities on the Easement Area so as not to interfere with, obstruct or endanger operations or facilities on the Property. Grantee shall exercise its rights and perform its obligations hereunder on the Property in such manner as may be communicated to Grantee by Grantor for the purpose of protecting the Property and any improvements thereon, preventing hazardous conditions and minimizing interruption of Grantor's rights with respect to the Property. 7. Obstructions; Landscaping. Grantee shall at its sole cost and expense, clear the Easement Area. Grantee may from time to time remove trees, bushes or other obstructions within the Easement Area and may level and grade the Easement Area and take such other measures to the extent reasonably necessary to carry out the purposes set forth in Section 1; provided that following such work, Grantee shall, to the extent reasonably practicable, restore the Easement Area to the condition it was immediately prior to such work. Following installation of the Improvements, Grantor may undertake any ordinary improvements to the landscaping of the Easement Area, provided that no trees of other plants shall be placed thereon which would. be unreasonably expensive or impractical for Grantee to remove and restore. It is specifically understood and agreed that Grantor may, at its sole election, fence across the Easement Area and/or along the boundaries of the Easement Area, provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow Grantee use of, and ingress and egress to and from the Easement Area for purposes of exercising Grantee's right and fulfilling Grantee's obligations hereunder. If said gate is to be locked, keys shall be provided to Grantee. Environmental Conditions; Hazardous Substances. a. Grantee shall not keep, use, dispose of, release, transport, generate and/or sell on or about the Property any substance now or hereafter defined or designated as a hazardous waste, a hazardous substance, a toxic substance, pollutant or contaminant, under any federal, state, or. local law, regulations, statute or ordinance (referred to in this document as "Hazardous Substances") in violation of any environmentally related federal, state or local law, regulation, statute or ordinance. EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Pianta Limited Partnership Grantee: City of Auburn Page 2 of 5 b. Grantee shall comply with all federal, state and local laws, regulations, statutes and ordinances concerning Hazardous Substances. Grantee shall promptly upon discovery, notify Grantor of any spill or release of any such spill or release of Hazardous Substances which is required to be reported to any federal, state, or local regulatory agency. Grantee shall promptly notify Grantor of: Q O CTi i. Any failure of Grantee to comply with any federal, state or local law, regulation or ordinance as now enacted or as subsequently enacted or amended, which failure relates to the Property or this Easement; ii. All inspections of the Property by any regulatory entity concerning any failure by Grantee as described in Section 8.b.i above; iii. Any regulatory orders or fines imposed upon, applicable to, or levied against Grantee respecting Grantee's use, disposal, release, transport, generation or selling of Hazardous Substances in connection with Grantee's exercise of its rights and/or fulfillment of its obligations hereunder; iv. All response or interim clean-up actions taken by or proposed to be taken by any governmental entity or private party (including Grantee) relating to Grantee's use, disposal, release, transport, generation or selling of Hazardous Substances in connection with Grantee's exercise of its rights and/or fulfillment of its obligations hereunder; and v. Any negotiations with any regulatory entity for a consent decree or order under any authority for or concerning any plans for remedial action at the Property. Grantee shall notify Grantor of any order issued to Grantee by any third party concerning Hazardous Substances at the Property. 9. Removal of Improvements on Termination. Upon any termination of this Easement, Grantee shall upon Grantor's request, promptly remove the Improvements from the Easement Area and restore the ground to the condition existing prior to the removal of such Improvements, or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Improvements on the Property. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to Grantor. In case of failure of Grantee to so remove the Improvements, restore the ground or take such other mutually agreeable measures, Grantor may, after reasonable notice to Grantee, accomplish the same, all at Grantee's sole cost and expense and without liability to Grantor. 10. Third Party Rights. Grantor reserves all rights with respect to the Property including but not limited to the right to grant leases, easements, licenses and permits to others subject to the rights specifically granted in this Easement. 11. Grantee's Agreement and Indemnity. By executing this Easement, Grantee does hereby: (a) agree to all provisions contained in this instrument; and (b) release, indemnify and promise to defend and save harmless Grantor and the Property from and against any and all liability, loss, cost, damage, expense, actions and claims, costs (including fees of consultants and experts), and reasonable attorneys' fees suffered or incurred by Grantor or the Property, to the extent of the negligence of Grantee and Grantee's servants, agents, employees and contractors, resulting from or arising out of the exercise of Grantee's rights and/or fulfillment of Grantee's obligations hereunder. Grantee shall not be required to indemnify Grantor against liability for any portion of the damages (if any) caused by or resulting from the negligence of Grantor. 12. Taxes and Assessments. Grantee shall promptly pay or reimburse Grantor for any taxes and/or assessments levied as a result of this Easement or relating to the Improvements. 13. Title. The rights granted herein are subject to leases, easements, licenses and permits, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to the Property and shall not be liable for defects thereto or failure thereof. 14. Notices. All notices under this Easement shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid, and addressed to Grantor and Grantee at the addresses hereinafter set forth or such other addresses as may from time to time be designated by either party in writing and pursuant to this Section. Notices mailed as aforesaid shall be deemed given on the date received as evidenced by the return receipt. Grantor: LA PIANTA LIMITED PARTNERSHIP ATTN: Ann J. Nichols P. 0. Box 88050 Tukwila, Washington 98138 Grantee: CITY OF AUBURN ATTN: Dept. of Public Works, Utilities Engineer 25 West Main Street Auburn, Washington 98001-4998 EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Pianta Limited Partnership Grantee: City of Auburn Page 3 of 5 15. Assignment. Grantee shall not assign its rights hereunder. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of Grantor. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. '17 O Q i~ 16. Authorization. Grantee represents and warrants that the execution, delivery and performance of this Easement have been duly authorized by all necessary persons. The person(s) executing this instrument on behalf of Grantee further individually represent and warrant that each is duly authorized to execute and deliver this Easement to Grantor on behalf of Grantee. 17. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of two (2) successive years, in which event this Easement shall terminate and all rights hereunder revert to Grantor, provided however, in such event Grantee shall not be released or deemed released from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the Improvements from the Easement Area and restore the ground. 18. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 19. Survival of Grantee's Obligations. Any and all obligations of Grantee hereunder shall survive any termination of this Easement. 20. Relocation of Improvements. Grantor hereby reserves the right, at its election and at its sole cost and expense, subject to applicable regulations, to relocate the Improvements. Any such relocation shall be subject to Grantee's prior review and approval. Grantee agrees to promptly review and approve any such relocation provided that the functionality of the proposed relocated improvements is equal to the functionality of the Improvements immediately prior to such relocation. In the event of such relocation by Grantor, Grantee hereby agrees to abandon and release to Grantor in writing by way of a signed instrument in recordable form, the original facilities in their original location, and the related easement. 21. Effective Date. This Easement shall be effective when duly executed by the parties and recorded in the office of the Records and Elections Division of King County, Washington. GIVEN under the threat of and in lieu of eminent domain. GRANTOR: LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership By: Metro Land Development, Inc., a Washington corporation, its General Partner B 011 M. A. Segal , President GRANTEE: CITY OF AUBURN, a Washington municipal corporation 1~~ -L By: Q_ 'IQAe~ . I J~ Charles A. Booth Its: Mayor APPROVED AS TO FC RM: V Michael J. Reynolds, Auburn City Attorney Attest: EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Pianta Limited Partnership Grantee: City of Auburn Page 4 of 5 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this l 3 day of 199`1 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the corporation acting as general partner of La Pianta Limited Partnership, a Washington limited partnership, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited Partnership for the uses and purposes therein mentioned; and on oath stated that he was duly elected, qualified and acting as said officer or the corporation and that he was authorized to execute the said instrument on behalf of Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the corporation was authorized to execute said instrument on behalf of La Banta Limited Partnership. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ..'tea" G ~ t' tittl 4 Signature of Nata e try Print or stamp name of Notary C. Cl' 7 y q\ m Notary Public in and for the State of Washington, ~1P~ °F residing at z-.~-- t`~~tll kO% e' My commission expires I -Z- 1'S ci`1 T X. STATE OF WASHINGTON ss. COUNTY OF KING ) Q I certify that I know or have satisfactory evidence that Charles A. Booth signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Auburn, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Pianta Limited Partnership Grantee: City of Auburn Page 5 of 5 . %L4 my hand and official seal this d da of Given under - Y ) 19y EXHIBIT "A" LW Description of the Property Tax Parcel 282105-901.0 ALL OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH HALF OF SAID SOUTHWEST QUARTER OF SAID SECTION; AND EXCEPT THAT PORTION LYING WITHIN S.E. STUCK RIVER ROAD AS CONVEYED TO KING COUNTY BE DEED RECORDED UNDER RECORDING NO. 5853043; AND EXCEPT THOSE PORTIONS CONVEYED TO THE MUCKLESHOOT INDIAN TRIBE BY DEED RECORDED UNDER RECORDING NO. 8811291097; AND EXCEPT THAT PORTION OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SAID SECTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89°41'25" EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 432.53 FEET; THENCE SOUTH 00°21'30" EAST A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF THE S.E. STUCK RIVER ROAD EXTENSION AND THE TRUE POINT OF BEGINNING; G~ THENCE SOUTH 89°41'25" EAST ALONG SAID SOUTH MARGIN A DISTANCE OF 250.00 FEET; THENCE SOUTH 00°21'30" EAST A DISTANCE OF 600.00 FEET; THENCE NORTH 89°41'25" WEST A DISTANCE OF 250.00 FEET; THENCE NORTH 00°21'30" WEST A DISTANCE OF 600.00 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Pianta Limited Partnership Grantee: City of Auburn EXHIBIT "A" - Page I of I EXHIBIT "B" Legal Description of Easement Area THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28; THENCE SOUTH 00053'29" WEST, ALONG THE WEST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF S.E. STUCK RIVER ROAD EXTENSION AS DEDICATED TO KING COUNTY BY QUIT CLAIM DEED RECORDED IN VOLUME 4633 OF DEEDS, PAGE 444 AND RECORDED UNDER AUDITOR'S FILE NUMBER 5853045, RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°09'29" EAST, ALONG SAID SOUTH MARGIN, 33.00 FEET; THENCE SOUTH 00°53'29" WEST, 109.89 FEET; THENCE SOUTH 45°21'56" EAST, 32.97 FEET TO THE NORTHERLY BOUNDARY OF A 33 FOOT WIDE EASEMENT FOR A 24 INCH WATER PIPE LINE FROM STEVE SAM AND ELIZA SAM, HUSBAND AND WIFE, CONVEYED BY DEED TO THE CITY OF AUBURN AND DATED THE 11TH DAY OF FEBRUARY, 1926; THENCE NORTH 81012'49" WEST, ALONG SAID NORTH BOUNDARY, 57.36 FEET TO THE WEST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28; THENCE NORTH 00°53'29" EAST, 124.78 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,426 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. C? C2 O C~ EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Pianta Limitcd Partnership Grantee: City of Auburn EXHIBIT "B" - Page I of I C C NE 1/4, SW 1/4, SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM P.C.3.\ SXC STUCK RIVER ROAD EXTENTION CTR SEC. 28-\ SO. MARGIN OF STICK RIVER ROAD EXTENSION PROPOSED EASEMENT - SEE BELOW _ FOR ENLARGEMENT ' T.P.O.B. 33.00 S 89-09-29 E . w o 60 \ ~0 \ co SCA.W:-: 1" = 300' ' I sv~ I I 57 9 N 81-12- 49 c7-3 6 w \s~ I I I F II II NE 1 SW 1/ 4 282105-9010 A• P!ANTA, -TD PARTNERSHIP I I' I SXC SxC NE 1/4, SW 1/4 i 282`:05-9013 CITY OF AUBURN LEGEND [7777 77771 . PROPOSED ACCESS/'UTILITIES EASEMENT 4,426 SF, MORE OR LESS D:\ TMP\COA'_ESMT PARCEL NUMBER 282105-9010 CITY OF AUBURN OWNER: LA PIANTA LTD PARTNERSHIP DEPARTMENT OF PUBLIC WORKS PO BOX 88050 ENGINEERING DEPARTMENT TUKWILA, WA 98138 EXHIBIT "C" EASEMENT AREA 4,426 SQ. FT. EASEMENT FOR WATER SYSTEM FACILITIES (COAL CREEK SPRINGS) CJ CITY CLERK CITY OF AUBURN 25 WEST MAIN STREET AUBURN. WASHINGTON 98001-4998 EASEMENT FOR WATER SYSTEM: FACILITIES Grantor: La Pianta Limited Partnership, a Washington limited partnership Grantee: The City of Auburn, a Washington municipal corporation Legal Description (abbreviated): Portion of NE'/s, SW'/, §28, Township 21 North, Range 5 East, W.M., in King County, Washington. The full legal description of area benefitted by Easement is set forth on EXHIBIT A. Full legal description of Easement Area is set forth on EXHIBIT B. Assessor's Tax Parcel ID#: Parcel burdened by Easement is 282105-9010. THIS EASEMENT FOR WATER SYSTEM FACILITIES ("Easement") is made and entered into this 13th day of January, 1997, by and between LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership ("Grantor") and. THE CITY OF AUBURN, a Washington municipal corporation ("Grantee"), for the purposes hereunder specifically set forth. 8 8 r K rs 8 WHEREAS, Grantor hereunder is the owner of certain real property located in the City of Auburn, King County, Washington, and described on EXHIBIT "A" attached hereto and incorporated herein by this reference (the "Property"). For purposes of this Easement, the Property includes the Easement Area (as that term is defined herein); and r.D WHEREAS, Grantee desires an easement under, over through and across the Property at a location more X specifically described in the legal description set forth on EXHIBIT "B" hereto and the drawing set forth on O EXHIBIT "C" hereto (the "Easement Area") in order to operate, maintain and repair certain water system C4 O facilities. EXHIBITS "B" and "C" are attached hereto and incorporated herein by this reference; and NOW THEREFORE, in consideration of mutual benefits, the sufficiency and receipt of which are hereby Ci acknowledged, and in consideration of the performance of Grantee of the covenants, terms and conditions hereinafter set forth, which Grantee hereby promises to faithfully and fully observe and perform, Grantor hereby conveys and quitclaims to Grantee a nonexclusive, perpetual easement over, across, along, in, upon and under the Easement Area, according to the terms, conditions and covenants of this Easement ("Easement"). 1. Purpose. Grantee shall have the right to construct, operate, maintain, inspect, repair, and replace water system facilities and an underground powerline installed only for the purpose of serving such water system facilities within the Easement Area together with all necessary appurtenances thereto (collectively, the "Improvements') and shall. have no other rights hereunder without the express written authorization of Grantor. 2. Access. Grantee shall have the right of access over and across the Easement Area to enable Grantee to exercise its rights and fulfill its obligations hereunder. Grantee shall compensate Grantor for any damages to the Easement Area, the Property, and/or to any improvements within and to the Property and any property located thereon, resulting from or arising out of the exercise of Gran'fee's"rights and/or fulfillment of Grantee's obligations hereunder. The Grantee shall design, construct, maintain and use the Improvements in such fashion as to permit reasonable and continuous access throughout the Property for Grantor, its agents, licensees and permittees, in all directions, and in such fashion as to accommodate and support vehicular travel over and across the Easement Area, including travel by heavy equipment. Grantee shall at all times keep the Easement Area free and clear of all obstructions and equipment. If requested by Grantor, Grantee shall make provisions for continued access by Grantor throughout the Property during Grantee's exercise of its rights and/or fulfillment of its obligations hereunder. Filed by: rr+III%rr (0 3. Compliance with Laws and Rules. Grantee shall at its sole cost and expense, install, construct, operate, maintain, remove, repair, replace and use the Improvements, and shall exercise any and all rights and fulfill any and all obligations hereunder, in accordance with the requirements of all applicable federal, Sair! rlnCUniNn~•;) n,n Glom { . ier;ord by Pnf.ifir~ Nnrth.vrst roin n : t:CCrncr:. 1;di,:n only. It his Writ hsrnn EASEMENT FOR WATER SYSTEM FACILITIES i~ r,r.nminr•+1 ac Irk t,t t+I,nr PCP rlltlr )'1 nt Grantor: La Punta Limited PartacrahiP n¢ In il•: r,'ir;Cl i pt,•, rw, .r Gtantee: City of Auburn Page 1 of S ~ A Filed by: PN:VT ,vp n;) i 7mwmi state, and local laws, rules and regulations, including but not limited to, the orders, rules and/or regulations of any public authority having jurisdiction. Grantee shall ensure that all work is performed in strict compliance with the plans and specifications approved for same, and in as safe a manner as is possible, and otherwise in accordance with safety and other guidelines and directives provided by the Washington State Department of Labor and Industries and by any other governmental entities authorized to enact safety guidelines relating to the work to be performed hereunder. Grantee expressly covenants and agrees that no liens of mechanics, materialmen, laborers, architects, artisans, contractors, subcontractors or any other lien of any kind whatsoever shall be created against or imposed upon the Property resulting from or arising out of the exercise of Grantee's rights and/or fulfillment of Grantee's obligations hereunder. It is understood and agreed that in the event any such lien is recorded, Grantee shall have a reasonable time not to exceed thirty (30) days following Grantee's knowledge of said lien, to have said lien released of record at Grantee's sole cost and expense. 4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted including using any roadway constructed over the Easement Area, provided that Grantor shall not construct or maintain any buildings or other permanent structures on the Easement Area without Grantee's prior written consent. For purposes of this Casement, paved surfaces shall not be deemed or construed to be a structure. Grantor reserves all rights with respect to and including the Easement Area and the Property, including, without limitation; the right at Grantor's election to relocate a portion of the facilities installed pursuant to that certain easement granted to the City of Auburn by Steve and Eliza Sam, dated February 11, 1926, and recorded under Auditor's File No. 2314671 (the "Sam [Easement") to the Easement Area and/or City of Auburn Right-of-Way for the S.E. Stuck River Road extension, and the right to grant leases, easements, licenses and permits to others subject to the rights specifically granted herein. In the event of such relocation by Grantor, the City of Auburn hereby agrees to abandon and release to Grantor in writing by way of a signed instrument in recordable form, the original facilities in their original location, and the applicable portion of the Sam Easement. 5. Record Construction Drawings and Survey. Upon Grantor's request, Grantee shall promptly provide Grantor with record construction drawings and survey(s) showing the locations and elevations of the Improvements... T 6. Grantee's Use and Activities. Grantee's rights hereunder shall at all times be subordinate to such "r,' rights of Grantor as are necessary to preserve and maintain the capabilities of the Easement Area and the G Properly to be used for any legal purpose, and nothing herein contained shall prevent or preclude Grantor C4 from undertaking construction, installation and use of any improvements within and to the Property. Grantee 0 shall exercise its rights under this Easement so as to minimize and avoid, insofar as possible, interference with the use of the Property and shall at all times conduct its activities on the Easement Area so as not to interfere i~ with, obstruct or endanger operations or facilities on the Property. Grantee shall exercise its rights and IT perform its obligations hereunder on the Property in such manner as may he communicated to Granice by Grantor for the purpose of protecting the Property and any improvements thereon, preventing hazardous conditions and minimizing interruption of Grantor's rights with respect to the Properly. 7. Ohslruclions; Landscaping. Grantee shall at its sole cost and expense, clear the Easement Area. Grantee may from time to time remove trees, bushes or other obstructions within the Easement Area and may level and grade the Easement Area and take such other measures to the extent reasonably necessary to carry out the purposes set forth in Section I; provided that following such work, Grantee shall, to the extent reasonably practicable, restore the Easement Area to the condition it was immediately prior to such work- Following installation of the Improvements, Grantor may underlake any ordinary improvements to the landscaping of the Easement Area, provided that no trees of other plants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. It is specifically understood and agreed that Grantor may, at its sole election, fence across the Easement Area and/or along the boundaries of the Easement Area, provided that a gate is constructed in said fence. Said gate shall he of sufficient length and location to allow Grantee use of, and ingress and egress to anT rom the Easement Area for purposes of exercising Grantee's right and fulfilling Grantee's obligations hereunder. If said gate is to be locked, keys shall be provided to Grantee. 8. Environmental Conditions; Hazardous Substances. a. Grantee shall not keep, use, dispose of, release, transport, generate and/or sell on or about the Property any substance now or hereafter defined or designated as a hazardous waste, a hazardous substance, a toxic substance, pollutant or contaminant, under any federal, state, or local law, regulations, statute or ordinance (referred to in this document as "Hazardous Substances") in violation of any environmentally related federal, state or local law, regulation, statute or ordinance. EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Piants Limited Partnership Grantee: City of Auburn Page 2 of S 0 b. Grantee shall comply with all federal, state and local laws, regulations, statutes and ordinances concerning Hazardous Substances. Grantee shall promptly upon discovery, notify Grantor of any spill or release of any such spill or release of Hazardous Substances which is required to be reported to any federal, state, or local regulatory agency. Grantee shall promptly notify Grantor of: i. Any failure of Grantee to comply with any federal, state or local law, regulation or ordinance as now enacted or as subsequently enacted or amended, which failure relates to the Property or this Easement; ii. All inspections of the Property by any regulatory entity concerning any failure by Grantee as described in Section 8.b.i above; iii. Any regulatory orders or fines imposed upon, applicable to, or levied against Grantee respecting Grantee's use, disposal, release, transport, generation or selling of Hazardous Substances in connection with Grantee's exercise of its rights and/or fulfillment of its obligations hereunder; iv. All response or interim clean-up actions taken by or proposed to be taken by any governmental entity or private party (including Grantee) relating to Grantee's use, disposal, release, transport, generation or selling of Hazardous Substances in connection with Grantee's exercise of its rights and/or fulfillment of its obligations hereunder; and v. Any negotiations with any regulatory entity for a consent decree or order under any authority for or concerning any plans for remedial action at the Property. Grantee shall notify Grantor of any order issued to Grantee by any third party concerning Hazardous Substances at the Property, 9. Removal of Improvements on Termination. Upon any termination of this Easement, Grantee shall upon Grantor's request, promptly remove the Improvements from the Easement Area and restore the ground to the condition existing prior to the removal of such Improvements, or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Improvements on the Property. Such work, removal and restoration shall he done at the sole cost and expense. of.Grantee- and_ in a.manner satisfactory to ,D Grantor. In case of failure of Grantee to so remove the Improvements, restore the ground or take such other X mutually agreeable measures, Grantor may, after reasonable notice to Grantee, accomplish the same, all at Z Grantee's sole cost and expense and without liability to Grantor. O 0 10.r Third Party Rights. Grantor reserves all rights with respect to the Property including but not limited C7 to the right to grant leases, easements, licenses and permits to others subject to the rights specifically granted in this Easement. L• ad IL Grantee's Agreement and Indemnity. By executing this Easement, Grantee does hereby: (a) agree to all provisions contained in this instrument; and (b) release, indemnify and promise to defend and save harmless Grantor and the Property from and against any and all liability, loss, cost, damage, expense, actions and claims, costs (including fees of consultants and experts), and reasonable attorneys' fees suffered or incurred by Grantor or the Property, to the extent of the negligence of Grantee and Grantee's servants, agents, employees and contractors, resulting from or arising out of the exercise of Grantee's rights and/or fulfillment of Grantee's obligations hereunder, Grantee shall not be required to indemnify Grantor against liability for any portion of the damages (if any) caused by or resulting from the negligence of Grantor. 12. Taxes and Assessments. Grantee shall promptly pay or reimhurse Grantor for any taxes and/or assessments levied as a result of this Easement or relating to the Improvements. 13. Title. The rights granted herein are subject to leases, easements, licenses and permits, if any, heretofore granted by Grantor affecting the Property. Grantor does not warrant title to the Property and shall not be liable for defects thereto or failure thereof. 14. Notices. All notices under this Easement shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid, and addressed to Grantor and Grantee at the addresses hereinafter set forth or such other addresses as may from time to time be designated by either party in writing and pursuant to this Section. Notices mailed as aforesaid shall be deemed given on the date received as evidenced by the return receipt. Grantor: LA PIANTA LIMITED PARTNERSHIP ATTN: Ann J. Nichols P. O. Box 88050 Tukwila, Washington 98138 EASEMENT FOR WATER SYSTEM FACILITIES Grantnr La Pientn Limited Pertnerehip Grantee: City of Auburn Page 3 of 5 Filed by: PNIVV,r Grantee: CITY OF AUBURN ATTN: Dept. of Public Works, Utilities Engineer 25 West Main Street Auburn, Washington 98001-4998 0? I( I • A Is. Assignment. Grantee shall not assign its rights hereunder. No assignment of the privileges and benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of Grantee herein, whether by operation of law or otherwise, shall be valid without the prior written consent of Grantor. In the event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and several. 16. Authorization. Grantee represents and warrants that the execution, delivery and performance of this Easement have been duly authorized by all necessary persons. The person(s) executing this instrument on behalf of Grantee further individually represent and warrant that each is duly authorized to execute and deliver this Easement to Grantor on behalf of Grantee. 17. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of two (2) successive years, in which event this Easement shall terminate and all rights hereunder revert to Grantor, provided however, in such event Grantee shall not he released or deemed released from any liability or obligation with respect to any matter occurring prior to such termination, nor shall such termination release Grantee from its obligation and liability to remove the Improvements from the Easement Area and restore the ground. 18. Successors. The rights and obligations of the parties shall inure to the benefit of and he binding upon their respective successors and assigns. 19. Survival of Grantee's Obligations. Any and all obligations of Grantee hereunder shall survive any termination of this Easement. 20. Relocation of Improvements. Grantor hereby reserves the right, at its election and at its sole cost and expense, subject to applicable regulations, to relocate the Improvements. Any such relocation shall be subject to Grantee's prior review and approval. Grantee agrees to promptly review and approve any such relocation provided that the functionality of the proposed relocated improvements is equal to the functionality Z of the Improvements immediately prior to such relocation. In the event of such relocation by Grantor, Grantee u; hereby agrees to nharidoti and release to Grantor in writing by way.ofa'signed instrument-in recordable form, - the original facilities in their original location, and the related easement. C;J 21. Effective Date. This Easement shall be effective when duly executed by the parties and recorded in the office of the Records and Elections Division of King County, Washington. i~ 04 GIVEN under [he threat of and in lieu of eminent domain. GRANTOR: LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership Ely: Metro Land Development, Inc., a Washington corporation, its General Partner / By: M. A. Segal , President GRANTEE: CITY OF AUBURN, a Washington municipal corporation tlde-, By: ' Charles A. Booth Its: Mayor Attest: EASEMENT FOR WATER SYSTEM FACILITIES Grantor: Lb Pianta Limited Partnership Granite: City of Auhurn Filed by: Page 4 or 5 7Vr APPROVffJ AS TO FORM: L, LCL~~&- U\1 Michael J. Reynolds, Auburn City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 13~ day of 199 7 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the corporation acting as general partner of La Pianta Limited Partnership, a Washington limited partnership, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited Partnership for the uses and purposes therein mentioned; and on oath stated that he was duly elected, qualified and acting as said officer or the corporation and that he was authorized to execute the said instrument on behalf of Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the corporation was authorized to execute said instrument on behalf of La Pianta Limited Partnership. IN WITNESS. WHEREOF I have hereunto set my hand and official seal the day and year first above written. t r, ; , i, Signature of Nota Print or stamp name of Notary Notary Public in and for the State of Washington, r, residing at _ Ksi,. My commission expires _ 1 Z..(lS Cie, . to . 4 STATE OF WASHINGTON ) ss. C! COUNTY OF KING ) O 1 certify that I know or have satisfactory evidence that Charles A. Booth signed this instrument, and C F. on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City 04 of Auburn, a municipal corporation, to he the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this a - day of l G -G' 19f%F ,-yslr ?f'r'o' , ,w Signature of Notary NOTAFlY N':o Pualc ? k Print or stamp name of Notary r {t` . Notary PublMor the State of Washington, at ~[G[ ~c~c ^LLC residin rr Ofi . IN 1t" . „ K g My appointment expires: /d'- 2 L EASEMENT FOR WATER SYSTEM FACILITIES Grantor: La Piaota Limited Partnership Grantee: City of Auburn Page S of 3 Filed by: PN`*VT EXHIBIT "A" Leval Description of the Property Tax Parcel 282105-9010 ALL OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH HALF OF SAID SOUTHWEST QUARTER OF SAID SECTION; AND EXCEPT THAT PORTION LYING WITHIN S.E. STUCK RIVER ROAD AS CONVEYED TO KING COUNTY BE DEED RECORDED UNDER RECORDING NO. 5853043; AND EXCEPT THOSE PORTIONS CONVEYED TO THE MUCKLESFIOOT INDIAN TRIBE BY DEED RECORDED UNDER RECORDING NO. 8811291097; AND EXCEPT TI [AT PORTION OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SAID SECTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUr11 89°41'25" EAST ALONG T14E NORTH LINE OF SAID NORTHWEST QUARTER A p DISTANCE OF 432.53 FEET; THENCE SOUTH 00°21'30" EAST A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF THE S.E. STUCK RIVER ROAD EXTENSION AND THE TRUE POINT OF BEGINNING; C4 THENCE SOU"I'Fi 89°41'25" EAST ALONG SAID SOUTH MARGIN A DISTANCE OF 250.00 FEET; THENCE SOUTH 00°21'30" EAST A DISTANCE OF 600.00 FEET; O THENCE NORTH 89°41'25" WEST A DISTANCE: OF 250.00 FEET; THENCE NORTH 00°21'30" WEST A DISTANCE OF 600.00 FIrEI' TO THE TRUE POINT OF_. BEGINNING. SITUATE 1N THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. EASEMENT FOR WATER SYSTEM FACILITIES Grantor: Le Pinnte Limited Partnership Grantee: City of Auburn EXHIBIT 'A' - Page 1 of I Filed by: PN'vVT 0?'. 'l EXHIBIT "B" Legal Description of Easement Area THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28; THENCE SOUTH 00°53'29" WEST, ALONG THE WEST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF S.E. STUCK RIVER ROAD EXTENSION AS DEDICATED TO KING COUNTY BY QUIT CLAIM DEED RECORDED IN VOLUME 4633 OF DEEDS, PAGE 444 AND RECORDED UNDER AUDITOR'S FILE NUMBER 5853045, RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF BEGINNING; TIiENCE SOUTH 89°09'29" EAST, ALONG SAID SOUTH MARGIN, 33.00 FEET; THENCE SOUTH 00°53'29" WEST, 109.89 FEET; THENCE SOUTH 45°21'56" EAST, 32.97 FEET TO THE NORTIIERI.I' BOUNDARY OF A 33 FOOT WIDE, EASEMENT FOR A 24 INCH WATER PIPE LINE FROM STEVE SAM AND ELIZA SAM, HUSBAND AND WIFE, CONVEYED BY DEED TO'TIIE CITY OF AUBURN AND DATED'T13E I ITII DAY OF FEBRUARY, 1926; THENCE NORTH 81-12-49- WEST, ALONG SAID NORTH BOUNDARY, 57.36 FEET TO THE WEST BOUNDARY OF SAID NORTHEAST QUARTER OF TI If_ SOUTHWEST QUARTER OI' SECTION 28; THENCE NORT11 00°53'29" EAST, 124.78 FEET TO THE TRUE POINT OF BEGINNING. A CONTAINING 4,426 SQUARE FEET, MORE OR LESS. SITUATE IN'THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. 0 Cl C3 0 i~ EASEMENT FOR W,%TER SYSTEM FACILITIES Grantor: Le Pimnta Limitc,l Partncreliip Graotcc: City of Auburn a EXHIBIT '11" - Page I of I 1 • Filed by: PIS VT :4 U7 O C2 0 C) i~ NE 1/4, SW 1/4, SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM P-O.B. SXC STUCK RIVER ROAD EXTENTION CTR SEC. 28\\ r SO. MARGIN OF STUCK RIVER ROAD EXTENSION PROPOSED EASEMENT - SEE BELOW FOR ENLARGEMENT F P O B. a 9 . . . \ S g -09 29 E r~ cn ca y C,, w J~ Lo SCALE': 1" 300' I I ^I N 8r-r?_ao I I I 57 ~ T .35' ~ ,SS II NE 1/4. SW 1 /4 I I 282105-9010 LA PIANTA LTD PARTNERSHIP I I II SXC SXC . NE '/4. SW 1/'; i 282105-9013 ClT" OF AUBURN LEGEND PROPOSED A<;CESS/UTILITIES EASEMENT 4,426 SF, MORE OR LESS D.\\TMP\COALESMI PARCEL NUMBER _ 282105-9010 CITY OF AUBURN OWNER: LA PIANTA LTD PARTNERSHIP DEPARTMENT OF PUBLIC WORKS PO 80X 88050 ENGINEERING DEPARTMENT TUKWILA, WA 98138 EXHIBIT "C" 4 FT 426 SO EASEMENT ..FOR WATER SYSTEM FACILITIES , . . EASEMENT AREA (COAL. CREEK SPRINGS) R 1, "1 - - - - 5 EP 0 2171