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Home My WebLink AboutITEM VIII-B-4~ ~ C[TY OF ~~~URN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 4616 - Easement Re uest b Comcast, Inc. June 30, 2010 Department: Planning & Attachments: Resolution No. 4616 Budget Impact: N/A Develo ment Administrative Recommendation: City Council adopt Resolution No. 4616. Background Summary: Comcast Inc. currently provides cable services within the City of Auburn. As part of the 124th Avenue Road Improvement Project, Comcast Inc. 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 124th Avenue S.E. and S.E. 320th Street. Comcast Inc. is requesting the granting of this easement before it wili begin its work. Resolution No. 4616 authorizes the granting of an easement by the City to Comcast Inc. This Resolution was presented to the Public Works Committee for review and approval, and the Finance Committee for review and discussion, on July 6, 2010. L0706-3 A3.13.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire Z Planning ❑ Park Board 0 Public Works Z 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: Wa ner Staff: Sn der Meetin Date: Jul 6, 2010 Item Number: VIII.13.4 RESOLUTION NO. 4616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT A UTILITY EASEMENT TO COMCAST, INC WHEREAS, Comcast, Inc. currently provides cable services within the City of Auburn; and WHEREAS, in order to provide service in the area of 124th Avenue S.E. and S.E. 320th Street, Comcast needs to place broadband cable and appurtenances 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 a Utility Easement for purposes of placement of broadband cable and appurtenances in substantially the same form as at Exhibit A to Comcast, Inc., 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. 4616 June 29, 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 APPROVED AS TO FORM: Da ' B. Heid, i Attorney - Resolution No. 4616 June 29, 2010 Page 2 of 2 Ccomcast 4020 Aubum Way N Aubum, WA 98002 Attention: BSG EASEMENT FORM THE GRANTORS CITY OF AUBURN, a municipal corparation of the State of Washington having an interest in the property hereinafter described: See Exhibit A- Pareel Description Do hereby grant and convey to Comcast Cable in an easement and right of entry, over, across and through a strip of land hereinafter described: in width being: see Exhibits B- UTILITY EASEMENT and C - (DRAWING) For the purpose of constructing, reconstruction, repairing, maintaining a broadband cable and appurtenances to be constructed by, through or under the above described property, together with ingress thereto and egress there from for the purpose of enjoying said easement, and also granting to the grantee and to those acting under said grantee the use of such additional area immediately adjacent to said easement as shall be required for construction of the broadband cable in the above described easement. Such additional area to be held to a minimum and returned to its original state by the grantee or its agents. EXHIBIT A PARCEL DESCRIPTIC?N STR: SE1/4-SW1/4-S9-T21N-R5E, W.M. PARCEL 092105-9020-08 (REFERENCE: PACIFIC NORTHWEST TTTLE COMPANY SUBDIVISION GUARANTEE #1109771 02/17/10) A TRACT OF LAND LOCATED INTHE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. 1N KING COUNTY AND DESCRIBED AS FOLLOWS; 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 EXCEPx THE EAST 30 FEET THEREOF CONVEYED TO K1NG COUNTY FOR ROAD (124Tx AVENUE 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 122ND AVENUE SOUTHEAST TO THE NORTHEAST CORNER (3F SAID ADDTTTON; THENCE NORTH 03°al'47" EAST 75 FEET; THENCE SOL7TH 88°4S'00" EAST 92 FEET; THENCE NORTH 0 10 10'00" WEST 178,84 FEET; THENCE NORTH 86044' 10" WEST TQ THE SOUTHEAST CORNBR OF LOT 75 OF THE LEA HILT. VILLAGE DIVISION 3-A, ACCORDTNG TO THE PLAT RECOR➢ED IN VOLUME 93 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DTVISION 3-A TO THE NORTH LINE OF SAID SUBDNISIQN; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NLJMBER 7510080361. G. ti - ! 1 ' 1 ~ 128 134ta St. SW Everett, WA 98204 ~ 425/741-3800 ~ Page 1 of I H:\DOC\21Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhbit A.doc EXHIBIT B UTILITY EASEMENT STR: SE1/4-SW1/4-S9-T21N-R5E, W.M. PARCEL 092105-9020-08 (REFERENCE: PACIFIC NORTHWEST TITLE COMPANY SUBDIVISION GUARANTEE #110977102/17/10) A UTTI,ITY EASEMENT OVER, UNDER AND ACR4SS A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, T4WNSHIP 21 NORTH, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER (aF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KTNG COUNTY 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 AUENUE 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 320T" STREET AND THE EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. 1 RECORDED IN VOLUME 87 UF PLATS ON PAGES 39 TO 41, IN KING CC3UNTY, WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122ND AVENLJE SOUTHEt1.ST TO THE NORTHEAST CORNER OF SAID ADDITION; THENCE NORTH 03°O1'47" EAST 75 FEET; THENCE SOUTH 88°45'00" EAST 92 FEET; THENCE NORTH 01°10'00" WBST 178.84 FEET; THENCE NORTH 86°44' 10" •WEST TO 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, IN KING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VTLLAGE DIVISION 3-A TO THE NORTH LTNE OF SAID SUBDMSION; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 75100803 61; " SAID UTILITY EASEMENT MORE PARTiCULARLY DESCRIBED AS FOLLOWS: . (THE BEARINGS OF SAID UTTLITY EASEMENT DESCRIPTION ARE BASED ON WASHINGTON STATE PLANE NAD-83 CITY OF AUBURN HORIZONTAL DATUM AND DIFFER FROM THE BEARiNGS OF THE ABOVE DESCRIBED TRACT OF LAND): Page 1 of 3 H:\DOG'\21Cp1071016_GRCC General ClassroomlSurvey legal descriptions\092105-9020-0$ Utility Exhibit B.doc COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE NORTH 88°41'03" WEST ALONG THE NORTH LINE OF SAID TRACT 15.00 FEET TO THE POINT OF BEGINNING OF SAID UTILITY EASEMENT; THENCE SOUTH 01°09'40" WEST 241.90 FEET TO THE BEGINNING OF AN 1165.00 FOOT RADNS TANGENT CURVE TO THE LEFT; THBNCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°4T 56" 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 CUR'VE THROUGH A CENTRAL ANGLE OF 02°4T56" AN ARC DISTANCE OF 55.88 FEET; THENCE SOUTH 01°09'40" WEST 69.85 FEET THE BEGINNTNG 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 RADIUS COMPQUND CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 28°O1'46" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SATD COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 29006'34" AN ARC DISTANCE OF 17.78 FEET TO THE SOUTH LINE OF SATD TRACT; THENCE NORTH 8$°55' 12" WEST ALONG SAID SOUTH LINE 18.40 FEET; THENCE NORTH 73°52'08" EAST 21.01 FEET; THENCE NORTH 2I ° 13' 27" EAST 41.65 FEET; THENCE NORTH 01009'40" EAST 54.01 FEBT TO THE BEGINNING OF A 1129.00 FOOT RADNS TANGENT CURVE TO THE LEFT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THRDUGH A CENTRAL ANGLE OF 02004'54" AN ARC DISTANCB OF 41.02 FEET; THENCE NORTH 29°36'36" EAST 9.27 FEET; THENCE NORTH 33°49'S3" WEST 8.86 FEET; THENCE NORTH 01°38' 16" WEST 74.13 FEET; THENCE SOUTH 88°2i'44" WEST 15.00 FEET; THENCE NORTH 01038' 16" WEST 75.00 FEET; THENCB NORTH 88°21'44" EAST 25.00 FEET; THENCE NORTH 01038'16" WEST 22.44 FEET TO THE BEGINNING OF A 1170.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 02°4T56" AN ARC DISTANCE OF 57.15 FEET; THENCE NORTH 01°09'40" EAST 74.98 FEET; THENCE NORTH 88050'20" WEST 5.00 FEET; THBNCE NORTH 0 1009'40" EAST 143.02 FEET; Page 2 of 3 H:\DOC\2 1Cp\07\016_GRCC General Classroom\Survey legai descriptions\092105-9020-08 Utility Exhibit B.doc THENCE NORTH 8$°50'20" WEST 20.00 FEET; THENCE NORTH 01°09'40" EAST 23.99 FEET TO THE NORTH LINE OF SAID TRACT; THENCE SOUTH 8804I'03" EST ALONG SAID NURTH LINE 30.00 FEET TO THE POINT OF BEGINNING AND THE TERMINUS OF SAID UTILTTY EASEMENT. SAID UTILITY EASEMENT CONTAINING 8,770 SQ. FEET, OR 0.20 ACRES, MORE OR LESS. L' 1 11~" i K 128134=h St. SW Everett, WA 98204 425/741-3800 Page 3 of 3 ' H:\DOC\21 Cp\07\016_GRCC General Classroom\Survey legal descriptzons\492105-9020-08 Utility Exhibit B.doc I EX H I B IT C I . ~ LINE BEARING DISTANCE L1 N 88'41 fl3 W 30.00 L2 S01'09 40 W 23.99 L3 S 88'50 20 E 20.04 L4 S 88'50 20 E 5.00 L5 S 01'09 40 W 74.98 L6 S 01'38 16 E 22.44 L7 S 8921 44 W 25.00 LS S 01'3816 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 27.01 L16 S 88'55 12 E 18.40 ~17 N 01'09 40 E 69.85 L18 S a1'3816 E 168.87 L19 N 01 '09 40 E 241.90 CURVE RAQIUS LENGTH DELTA C9 1170.04 57.15 2'47 56 C2 1129.00 41.02 2'04 54 C3 35.04 17.78 29'06 34 C4 29.50 29.94 58'08 44 C5 1144.00 55.88 2'47 58 C6 1165.00 56.91 2'47 56 C7 35.00 37.15 60'48 34 PROPOSED RIGHT-OF-WAY S 88'41'Q3" E PARCEL # 0921059020-48 ~L L31 3 ~ g~! ~71 o 1 N I L~ TI PROPOSED UTILIIY EASEMEWT 770 SQ. FT. {~.20 ACRES} I r- I ~ 30.130. ~ , ~-~-F15.00' I ~ POIMC OF BEGINNING 7 318th WAY I LLJ E ( w ~g ~ Q 4 I s ~0 ~ I ~ 1 ~ ~ L12--;~, a~~ i N I ! rL7 ASEMfIVT UTILIW--~ ao 1 a~ L11~` THIS MAP DOES NOT 0~ REPRESEN7 A PftOPERTY ~ SURVEY AND QOES NOT PURPORT TO SHOW ALL FASEMENTS OF RECORD. v- a a- - - Z, s. E. _ 320TH sr. S 88'55'12° E 73 134th Street SW • Suite 200 ' i Everett, Nfoshington 98204 Ph: 425 741-3800 30' 13d i LA5J SW COR. p L16 f SEC. 9, TWP. 21 N, RGE. 15E. W.M. SCALE: 1"= 100' DATE: 06-22-10 I:\22\ 2009\020\29 20- EAS= EXBT6. DWG