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HomeMy WebLinkAboutITEM VIII-B-2CITY OF +~~~u~~~\~N wASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 4612 - Easement Re uest b Pu et Sound Ener June 29, 2010 Department: Planning & Attachments: Resolution No. 4612 Budget Impact: N/A Develo ment Administrative Recommendation: City Council adopt Resolution No. 4612. Background Summary: Puget Sound Energy currently distributes electricity within the City of Auburn. As part of the 124'h Avenue Road Improvement Project, Puget Sound Energy needs to place equipment and transmission lines on property owned by the City of Auburn. This property is the existing park facility at the intersection of 124'n Avenue S.E. and S.E. 320th Street. Puget Sound Energy is requesting the granting of this easement before it will begin its work. Resolution No. 4612 authorizes the granting of an easement by the City to Puget Sound Energy. This Resolution will be presented to the Public Works Committee for review and discussion and the City Council on July 6, 2010. The Planning and Community Development Committee on a unanimous motion at its June 28, 2010 regular meeting recommended approval of Resolution No. 4612 to the Auburn City Council. Resolution No. 4612 was reviewed and discussed by the Public Works Committee at its July 6, 2010 meeting. L0706-1 A3.13.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks ❑ Human Services N Planning & CD ❑ Fire M Planning ❑ Park Board ED Public Works 0 Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Sn der Meeting Date: July 6, 2010 Item Number: VIII.13.2 RESOLUTION NO. 4612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT UTILITY EASEMENTS TO PUGET SOUND ENERGY WHEREAS, Puget Sound Energy currently distributes electricity within the City of Auburn; and WHEREAS, in order to provide electrical service in the area of 124tn Avenue S.E. and S.E. 320t" Street, Puget Sound energy needs to place equipment and transmission lines on property owned by the City of Auburn ("City"); and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to grant Utility Easements for purposes of transmission, distribution and sale of electricity in substantially the same form as at Exhibit A to Puget Sound Energy, a Washington Corporation. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4612 June 28, 2010 Page 1 of 2 Dated and Signed this day of , 2010. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AP9RQVE~TO FO iel B. F~eiel,City Resolution No. 4612 June 28, 2010 Page 2 of 2 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R/W Department (Z. Bergman) PO Box 908681 EST-06W Bellevue, WA 98009 EASEMENT REFERENCE GRANTOR: City of Auburn GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Ptns of S'/: of SE'/. of SW'/. of Sec. 9, Twn. 21N., Rng. 05E. W., M., KC, WA ASSESSOR'S PROPERTY TAX PARCEL: 092105-9020 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washinqton , ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the foilowing described real property ("Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shali be exercised upon that portion of the Property ("Easement Area" herein) described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF AND AS MORE PARTICULARLY DEPICTED ON THE DRAWING MARKED EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Overhead facilities. Poles, towers and other support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on Sch - 73 - Green River College 101062132 / 075387 Page 1 of 8 a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. Grantee shall have the right to cut, trim, remove and dispose of any trees located on the Property outside the Easement Area that could, in Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed of (except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of inerchantable timber (if any) cut and removed from the Property by Grantee. 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, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 5. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 7. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2010. Sch - 73 - Green River College 101062132 / 075387 Page 2 of 8 GRANTOR: CITY OF AUBURN, a municipal corporation of the State of Washington BY: ITS: STATE OF WASHINGTON) ) ss COUNTY OF ) On this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person(s) who signed as , of CITY OF AUBURN, a municipal corporation of the State of Washington, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be HIS / HER free and voluntary act and deed and the free and voluntary act and deed of CITY OF AUBURN for the uses and purposes therein mentioned; and on oath stated that HE / SHE was authorized to execute the said instrument on behalf of said CITY OF AUBURN. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notery seal, text antl all notations must not be placed within t' margins Sch - 73 - Green River College 101062132 / 075387 Page 3 of 8 EXHIBIT A PARCEL DESCRIPTION STR: SE1/4-SW1/4-S9-T21N-R5E, W.M. PARCEL 092105-9020-08 (REFERENCE: PACIFIC NORTHWEST TITLE COMPANY SUBDIVISION GUARANTEE #1109771 02/17l10) A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTZON 9, TOWNSHIP 21 NORTI3, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (SOUTHEAST 320 STREET) BY DEED RECORDED UNDER RECORDTNG NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (124TH AVENUE SOUTHEAST) BY DEED RECORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THB INTERSECTION OF THE NORTH MARGIN OF SAID SDUTHEAST 320TH STREET AND THE EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. I RECORDED IN VOLUME 87 OF PLATS ON PAGES 39 TO 41, IN KING COUNTY, WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122ND AVENUE SOUTHEAST TO THE NORTHEAST CORNER OF SAID ADDITION; THENCE NORTH 03001'47" EAST 75 FEET; THENCE SOUTH 88°45'00" EAST 92 FEET; THENCE NORTH 01°10'00" WEST 178.84 FEET; THENCE NORTH 86°44' 10" WEST TO THE SOUTHEAST CORNER OF LOT 75 OF THE I,EA HILL VILLAGE DNISION 3-A, ACCORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAID SUBDIVISION; AND EXCEPT THAT PORTION CONVEYED TO KSNG COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7510080361. W. QI 1 1 ' 1 128 134`h St. SW Everett, WA 98204 425/741-3$04 ~1y G. 0 g WA ,i• ~~e ~ Page 1 of I . H:\DOC\21 Cp\071016_GRCC General Classroom\.Survey legal descriptions\092105-9020-08 Utility Exhibit A.doc EXHIBIT B UTILITY EASEMENT STR: SE1/4-SW1/4-S9-T21N-R5E, W.M. PARCEL 092105-9420-08 (REFERENCE: PACIFIC NORTHWEST TTTLE COMPANY SUBDIVISION GUARANTEE #1109771 02/17/10) A UTILITY EASEMENT OVER, UNDER AND ACROSS A TRACT OP LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS FOLLOWS; THB SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO K1NG C.OUNTY FOR ROAD (SOUTHEAST 320TH STREET) BY DEED RECORDED LTNDER 12ECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KiNG COUNTY FOR ROAD (124TH AVENUE SOUTHEAST) BY DEED RECORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION (?F THE NORTH MARGIN OF SAID SOUTHEAST 320T" STREET AND THE EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. 1 RECORDED IN VOLUME 87 OF PLATS ON PAGES 39 TO 41, IN KING COUNTY, WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122T'!D AVENUE SOUTHEAST TO THE NORTHEAST CORNER OF SATD ADDITION; THENCE NORTH 03001'47" EAST 75 FEET; THENCE SOUTH 88°45'00" EAST 92 FEET; THENCE NORTH 0 10 10'00" WEST 178.84 FEET; THENCE NORTH 86°44' 10" WEST TO THE SOUTHEAST CORNER OF LOT 75 OF THE LEA HILL VILLAGE DIVISION 3-A, ACCORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLATS, PAGE 74, IN K1NG COUNTY, WASHINGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAiD SUBDIVISION; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 75100$0361; SAID UTILITY EASEMENT MORE PARTICULARLY DESCRIBED AS FOLI.,OWS: (THE BEARINGS OF SAID UTILITY EASBMENT DESCRIPTION ARE BASED QN WASHINGTON STATE PLANE NAD-83 CITY OF AUBURN HORIZONTAL DATUM AND DIFFER FROM THE BEARINGS OF THE A.BOVE DESCRIBED TRACT OF LAND): Page 1 of 2 H:\DOC\21Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105- 9020-08 Overhead Exhibit B.doc COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 01009'40" EAST 59.41FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 88°50'20" WEST 34,0(} FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 °09'40" EAST 69.85 FEET TO THF BEGINNING OF A CURVE TO THE LEFT CONCAVE TO THE WEST HAVING A RADNS OF 1144.00 FEET; THENCE NORTHERLY 55.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'S6"; THENCE NORTH 88°50'20" WEST 12.64 FEET; THENCB SOUTH 01°09'40" WEST 125.71 FEET; THENCE SOUTH 88050'20" EAST 14.00 FEtT TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT CONTAINING 1,735 SQ.. FEET, OR 0.04 ACRES, MORE OR LESS. 1 1 ' 1 128 134" St. SW Everett, WA 98204 425/741-3800 Page 2 of 2 H:\DOC\21Cp\07\016_GRCC General Classroom\Survey legal descriprions\092105- 9020-08 Overhead Exhibit B.doc EXHIBIT C I ~ S 88'41'03" E CURVE £7ADIUS LENGTH DELTA IC1 11144.00' 55.88 2'47_56 UNE BEARING DISTANCE L1 N 8$'50 20 W 34 L2 N 01'09'40" E 69.85 L3 IV 88'S0 20" W 12.64 L4 S 01'09'40 W 125.71' L5 N 88'50'20" W 14.00' PROPOSED RIGHT-OF-WAY PARCEL f 0921059020-48 PEPMO~ UTILI'tY 73S SQ. F?. ( ~~.04 ACRES) S. E. 320 TH ST. M S tnEw88'S5' 12" E 728134th $trcet SW • Suite 200 . r J~ ~ ! 1- I30.130.~ ~ ! I I I { ~ I ~ I 7 t L ~ ~ , 318th WA Y f I ~ + I I ~ w I o Q o I NI PO1NiT OF 30'130' BEGINNING ~SE COftNER, ~ iSW QUARTER, SEC. 9. TWP. 21 N. RGE. lSE. W.M. EMN 1 Everett, Wasfuungton 98204 scALE: i°= i oa' DATE: 06-29-10 Ph: 425 741-3600 1;\22\2009\020\2920-EAS--EXBT11.QWG THIS MAP DOES NOT REPRESEN7 A PROPERTY SURVEY ANO DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECQRD. RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R/W Department (Z. Bergman) PO Box 90868 / EST-06W Bellevue, WA 98009 EASEMENT REFERENCE GRANTOR: City of Auburn GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Ptns of S'/z of SE'/, of SW'/. of Sec. 9, Twn. 21 N., Rng. 05E. W., M., KC, WA ASSESSOR'S PROPERTY TAX PARCEL: 092105-9020 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN a municipal corporation of the State of Washinqton , ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF AND AS MORE PARTICULARLY DEPICTED ON THE DRAWING MARKED EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground- mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a Sch - 73 - Green River College 101062132 / 075387 Page 1 of 8 continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. 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, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negiigence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of , 2010 Sch - 73 - Green River College 101062132 / 075387 Page 2 of 8 GRANTOR: CITY OF AUBURN, a municipal corporation of the State of Washington BY: ITS: STATE OF WASHINGTON) ) ss COUNTY OF ) On this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person(s) who signed as , of CITY OF AUBURN, a municipal corporation of the State of Washington, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be HIS / HER free and voluntary act and deed and the free and voluntary act and deed of CITY OF AUBURN for the uses and purposes therein mentioned; and on oath stated that HE / SHE was authorized to execute the said instrument on behalf of said CITY OF AUBURN. IN WITNESS WHEREOF 1 have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal, text and all notations must not be placed within 1" margins Sch - 73 - Green River College 101062132 / 075387 Page 3 of 8 EXHIBIT A PARCEL DESCRIPTION STR: SE1/4-SW1(4-S9-T21N-R5E, W.M. PARCEL 092105-9020-0$ (REFERENCE: PACIFIC NORTHWEST TITLE COMPANY SUBDNISION GUARANTEE #1109771 02/17/10) A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS POLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; BXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (SOUTHEAST 320TH STREET) BY DEED RECORDED UNDER RECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO K1NG COUNTY FOR ROAD (124TH AVENUE SOUTHEAST) BY DEED RECORDED UNDER 1tECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THB NORTH MARGIN OF SAID SOUTHEAST 320Tx STREET AND THE EAST MARGIN OF THE PLAT OF LEA HII,L VILLAGE DIVISION NO. 1 RECORDED IN VOLUME 87 OF PLATS ON PAGES 39 TO 41, IN KING COUNTY, WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122ND AVENUE SOUTHEAST T4 THE NORTHEAST CORNER OF SAID ADDITTON; THENCE NORTH 03001'47" EAST 75 FEET; THENCE SOUTH 88°45'00" EAST 92 FEET; THENCE NORTH 0 10 10'00"'W'EST 178,84 FEET; THENCE NORTH 86044' 10" WEST TO THE SOUTHEAST CORNER OF LOT 75 OF THE LEA HILL VILLAGE DIVISION 3-A, ACCORDING TO THE PLAT RECORDED 1N VOLUME 93 OF PLATS, PAGE 74, IN K1NG COUNTY, WASHiNGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAID SUBDNISION; AND EXCEPT THAT PORTION CONVEYED TO K1NG COUNTY BY DEED RECORDED UNDER RECORDING MJMBER 75100$0361. G. . 12$ 134" St. SW ~ ~ r~ Everett, WA 98204 425/741-3800 Page 1 of 1 H:\DOC\21Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Urility Exlubit A.doc EXHIBIT B UTILITY EASEMENT STR: SE1/4-SW1/4-S4-T21N-R5E, W.M. PARCEL 092105-9020-08 (REFERENCE: PACIFIC NORTHWEST TITLE COMPANY SUBDIVISION GUARA.NTEE #110977102/17/10) A UTILITY EASEMENT OVER, UNDER AND ACROSS A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SEC'TION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER UF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KTNG COUNI'Y FOR ROAD.(SOUTHEAST 320TH STREET) BY DEED RECORDED iJNDER RECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (124rH AUBNUE SOUTHEAST) BY DEED RECORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTiON OF THE NORTH MARGIN OF SAID SOUTHEAST 320TH STREET AND THE EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. 1 RECORDED IN VOLUME 87 OF PLATS ON PAGES 39 TO 41, IN KING COUNTY, WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122N° AVENUE SOUTHEAST TO THE NORTHEAST CORNER OF SAID ADDITION; THENCE NORTH 03°O1'47" EAST 75 FEET; THENCE SOUTH 88°45'00" EAST 92 FEET; THENCB NORTH 01°10'00" ViFEST 178.84 FEET; THENCE NORTH 86044' 10" •WEST TU THE SOUTHEAST CORNER OF LOT 75 OF THE LEA HILL VILLAGE DNISION 3-A, ACCORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLATS, PAGE 74, 1N K.ING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAID SUBDMSION; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NTJMBER 7510080361; ' SAID UTILITY EASEMENT MORE PARTICUI.ARLY DESCRIBED AS FOLLOWS: . (THE BEARINGS OF SAID UTTLITY EASEMENT DESCRIPTION ARE BASED ON WASHINGTON STATE PLANE NAD-83 CITY OF AUBURN HORTZONTAL DATUM AND DIFFER FRQM THE BEARiNGS OF THE ABOVE DESCRIBED TRACT OF LAND): Page 1 of 3 H:\DOC\21 Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhibit B.doc COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TR.ACT OF LAND; THENCE NORTH 88°41'03" WEST ALONG THE NORTH LINB pF SAID TRACT 15.00 FEET TO THE POINT OF BEGINNTNG OF SAID UTILTTY EASEMENT; THENCE SOUTH 01°09'40" WEST 241.90 FEET TO THE BEGINNING OF AN 1165.00 FOOT RADNS TANGENT CURVE TO TBE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'S6" AN ARC DISTANCE OF 56.91 FEET; THENCE SOUTH 01°38' 16" EAST 168.87 FEET. TO THE BEGINNING OF AN 1144.00 FOOT RADIUS TANGENT CURVE TO THE RiGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLB OF 02°4T 56" AN ARC DISTANCE OF 55.88 FEET; THENCE SOUTH 01009'40" WEST 69.85 FEET TO THE BEGINNING OF A 29.50 FOOT RADNS TANGENT CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°08'44" AN ARC DISTANCE OF 29.94 FEET AND THE BEGINNING OF A 35.00 FOOT RADNS COMPOUND CURVE TO THE RiGHT, THE CENTER OF WHICH BEARS NORTH 28°O1'46" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 29°06'34" AN ARC DISTANCE OF 17.78 FEET TO THE SOUTH L1NE OF SAID TRACT; THENCE NORTH 88°55' 12" WEST ALONG SAID SOUTH LINE 18.40 FEET; THENCE NORTH 73052'08" EAST 21.01 FEET; THENCE NORTH 21013'27" EAST 41.65 FEET; THENCE NORTH 01009'40" EAST 54.01 FEET TO THE BEGFNNING OF A 1129.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°Q4'S4" AN ARC DISTANCE OF 41.02 FEET; THENCE NORTH 29°36'36" EAST 4.27 FBET; THENCE NORTH 33049'53" WEST 8.86 FEET; THENCE NORTH O 1038' 16" WEST 70,13 FEET; THENCE SOUTH 88°21'44" WEST 15.00 FEET; THENCE NORTH 41 °38' 16" WEST 75.00 FEET; THENCE NORTH 88°21'44" EAST 25.00 FEET; THENCE NORTH 01°38'16" WEST 22.44 FEET TO THE BEGINNING OF A 1170.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 02°4T 56" AN ARC DISTANCE OF 57.15 FEET; THENCE NORTH 01°09'40" EAST 74.98 FEET; THENCE NORTH 88°50'20" WEST 5.00 FEET; THENCE NORTH 41009'40" EAST 143.02 FEET; Page 2 of 3 H:\DOC121Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhibit B.doc THENCE NORTH 88°50'20" WEST 20.00 FEET; THENCE NORTH 41°09'4Q" EAST 23.99 FEET TO THE NORTH L1NE OF SAID TRACT; THENCE SOUTH 8804I'03" EST ALONG SAID NORTH LINE 30.00 FEET TO THE POINT OF BEGINNING AND THE TERMINUS OF SAID UTILI'I'Y EASEMENT. SAID UTILITY EASEIVIENT CONTAINING 8,770 SQ. FEET, OR 0.20 ACRES, MORE OR LESS. K MQI 1 f ' 1 128 134`h St. SW Everett, WA 98204 425/741-3800 Page 3 of 3 ' H:\DOC\21 Cp\07\016_GRCC General Classroom4Survey legal descriptions\092105-9020-08 Utility Exhibit B.doc I I I . ~ EX H I B IT C PROPOSED RIGHT-OF-WA S $8'41'a3' E ~ LINE BEARING DISTANCE L1 N 88'4103 W 34.00 L2 S 01'09 4a W 23.99 L3 S 88'50 20 E 20.00 L4 S 88'50 20 E 5.00 L5 S 01'09 40 W 74.98 L6 5 01'38 16 E 22.44 L7 S 88'21 44 W 25.00 LS S 0 1'3818 E 75.00 L9 N 88'21 44 E 15.00 L10 S 01'38 1 fi E 70.13 C11 S 33'49 53 E 8.86 L12 S 29'36 36 W 9.27 L13 S 01'09 40 W 54.01 L14 S 21'13 27 W 41.65 L15 S 73'52 OS W 21.01 L16 S 88'55 12 E 18.40 L17 N 01'09 40 E 69.85 L18 S 01'38 16 E 168.87 L19 N 01'09 40 E 241.90 . ~ LL1 L31 3 ~ . g~! Q ~ N ! PARCEL # 4,A 0921059020-08 L 5) CURVE RADIUS LENGTH OELTA C1 1170.00' 57.15 2'47 56 C2 1129.00 41.02 2'04 54 C3 35.00 17.78 29'Ofi 34 C4 29.54 29.94 58'08 44 C5 1144.00 55.88 247 56 C6 11 fi5.00 56.91 247 56 C7 35.00 37.15 60'48 34 P~~ UTIUIY ? 770 SQ. FT. d.2o ACREs} 1 7 I ~ 30.!30. ~ E 15.00' -4~, 1- POINT OF BEGtNNING ~ 318th WAY I i ' I I to JI ~ ~ EASEMErR ao ~ 1 ` ~ w l a ~ ' g i nj Q a L11 ~ L12 z ~ THIS MAP DOES NOT a~ ~ ~ REPRESEN7 A PROPERTY ~ I 5URVEY AND QOES NOT M1 PURPORT TO SHOW ALL _j 30-130' i EASEMENTS OF RECORD. SW COR. S. E. 320TH ST. sEC. s, TwP. _ _ 21 N, RGE. S 88'55'12" E 15E. W.M. 128134th 5'treet SW • Suite 200 Ewa= 6verett, Washington 98204 Ph: 425 741-3800 SCALE: 1"= 100' DATE: 06-22-1 Q I:\22\2009\020\2920-EAS= EXBT6.OWG