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Home My WebLink AboutITEM VIII-B-5CITX OF AUJBuu wASxrNCTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 4617 - Easement Re uest b Qwest, Inc. June 30, 2010 Department: Planning & Attachments: Resolution No. 4617 Budget Impact: N/A Develo ment Administrative Recommendation: City Council adopt Resolution No. 4617. Background Summary: Qwest Inc. currently provides telecommunications services within the City of Auburn. As part of the 124'n Avenue Road Improvement Project, Qwest 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 124tn Avenue S.E. and S.E. 320th Street. Qwest Inc. is requesting the granting of this easement before it will begin its work. Resolution No. 4617 authorizes the granting of an easement by the City to Qwest 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. L0706-4 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 ED Planning ❑ Park Board ~ Public Works El 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: VI11.6.5 RESOLUTION NO. 4617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT A UTILITY EASEMENT TO QWEST, CORPORATION. WHEREAS, Qwest Corporation currently provides telecommunications services within the City of Auburn; and WHEREAS, in order to provide service in the area of 124t" Avenue S.E. and S.E. 320th Street, Qwest needs to place telecommunications facilities, electrical facilities, 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 provision of telecommunications facilities, electrical facilities, and appurtenances in substantially the same form as at Exhibit A to Qwest, Inc., a Colorado 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 APPF3AVED PaS TO FORM: Daniel B. Heid, City Atto Resolution No. 4616 June 29, 2010 Page 2 of 2 Qwest 1200 12th NW Issaquah, WA 98027 RECORDING INFORMATION ABOVE EASEMENT The undersigned Grantor CITY oF AUBURN a municipal corqoration of the State of Washinpton f01' and in consideration of One Dollar ($1.00)-and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto Qwest Corporation, a Colorado corporation, hereafter referred to as °Grantee", whose address is 1801 California St., Suite 5100, Denver, CO 80202, its successors, assigns, lessees, licensees, and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain, and remove such telecommunications facilities, electrical facilities, and appurtenances, from time to time, as Grantee may require upon, over, under and across the following described land situated in the County of ki~ State of Washin9ton, which the Grantor owns or in which the Grantor has any interest, to wit: SECTION 9 TOWNSHIP_21_ RANGE_5E, WM Tax Parcel # 09 2105 - 9020-08 QWEST REFERENCE # WA063010DD01 SEE EXHIBITS A, B, & C ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor further conveys to Grantee the following incidental rights: The right of ingress and egress over and across the lands of Grantor to and from the above-described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. Dated this day of ,20 Grantor: (Official name of company or Corporation) By Grantor: Its [SEAL] (Corporate Acknowledgment) Individual Acknowledgment) STATE OF WASHINGTON } STATE OF WASHINGTON COUNTY OF } COUNTY }ss }ss The foregoing instrument was acknowledged } before me this day of , 20_, by The foregoing instrument was acknowledged before me this day of , 20_, by [SEAL] a of , Corporation, on behalf of the corporation. [SEAL] Notary Public My commission expires: Notary Public My commission expires: R/W#; Exchange: Coanty; Section : Township _ 1ob Range EXHIBIT A PARCEL DESCRIPTION STR: SEl/4-SW1/4-S9-T21N-R5E, W.M. PARCEL 092105-9020-08 (REFERENCE: PACIFIC NORTHWEST TITLE COMPANY SUBDNISION GUARANTEE #1109771 02/17/10) A TR.ACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWBST QUARTER OF SEGTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS POLLOW S; THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (SOUTHEAST 320TH STREET) BY DEED RECORDED UNDER REC4RDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KTNG COUNTY FOR ROAD (124TH AVENUE SOUTHEAST) BY DEED RECORDED UNDER ttECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SAID SOUTHEAST 324TH STREET AND THB EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. 1 RECORDED 1N VOLUME $7 OF PLATS ON PAGES 39 TO 41,1N KING COUNTY, WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122ND AVENUE SOUTHEABT TQ THE NORTHEAST CORNER OF SAID ADDITTON; THENCE NORTH 03001'47" EAST 75 FEET; THENCE SOUTH 88045'00" EAST 92 FEET; THENCE NORTH 0 10 10'00" WEST 178,84 FEET; THENCE NORTH 86044' 10" WEST T4 THE SOUTHEAST CORNER OF LOT 75 OF THE LEA HILL VILLAGE DIVISION 3-A, ACCORDING TO THE PLAT RECORDED IN VOL[JME 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 KING COUNTY BY DEED RECORDED UNDER RECORDING NLJMBER 7510080361. &WASr~ L ~ ~ • 1 1 I ` 1 ~ ~ 128 134`b St. SW Everett, WA 98204 ~ . . 425/741-3800 Page 1 of 1 H:\DOC\21Cp\07\016_GRCC General Classroom\Survey legal descriptions\492105-9020-08 Utility Exhibit 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 UTILITY EASEMENT OVER, UNDER AND ACROSS A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TQWNSHIP 21 NORTH, 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 KFNG COUNTY FOR ROAD.(SOUTHEAST 320TH STREET) BY DEBD RECORDED LJNDER RECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (124rH AUENUE SOUTHEAST) BY DEED RECORDED UNi)ER RECORDING NUMBER 5799261; AND BXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SAID SOUTHEAST 320rH 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 C4UNTY, WASHTNGTON; THENCE NORTH AT.ONG THE BAST MARGIN OF 122NA AVENUE SOUTHEA.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°IO'00" WEST 178.84 FEET; THBNCE NORTH 86044' 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, 1N KING 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 KIN'G COUNTY BY DEED RECORDED UNllER RECORDING NUMBER 7510080361; ' SAID UTILITY EASEMENT MORE PARTICUi,ARLY DESCRIBED AS FOLLOWS: . (THE BEARINGS OF SAID UTILITY EASEMENT DESCRIPTION ARE BASED ON WASHINGTON STATE PLANE NAD-83 CITY OF AUBURN HORIZONTAL DATUM AND DIFFER FROM THE BBARINGS OF THE ABOVE DESCRIBED TRACT OF LAND): Page 1 of 3 H:\DOC\21 Cp\07\0 16_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhibit B.doc COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE NORTH 88°41'03" WEST Ai,ONG 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; THENCE SOUTHEASTERLY ALONG THE ARC OF .SAID CURVE THROUGH A CENTRAL ANGLE OF 02°4T 56" AN ARC DISTANCE OF 5691 FEET; THENCE SOUTH 01 °38' 16" EAST 168.87 FEET TO THE BEGINNING OF AN 1144A0 FOOT. RADIUS TANGENT CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'S6" AN ARC DISTANCE OF 55.88 FEET; THBNCE SOUTH 01°09'40" WEST 69.85 FEET 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 RADIUS 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 88055' 12" WEST ALONG SAID SOUTH LINE 18.40 FEET; THENCE NORTH 73°52'08" EAST 21.01 FEET; THENCE NORTH 21°13'27" EAST 41.65 FEET; THENCE NORTH 01 °09'40" EAST 54.01 FEET TO THE BEGINNING OF A 1129.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02004'54" AN ARC DISTANCE OF 41.02 FEET; THENCE NORTH 29°36'36" EAST 9.27 FEET; THENCE NORTH 33°49'S3" WEST 8.86 FEET; THENCB NORTH 01 °38' 16" WEST 74.13 FEET; THENCE SOUTH 88°21'44" WEST 15.04 FEET; THENCE NORTH 01038'16" WEST 75.00 FEET; THENCE NORTH $$°21'44" EAST 25.00 FEET; THENCE NORTH 01038'16" WEST 22.44 FEET TO THE BEGINNING OF A 1170.00 FOOT RADNS TANGENT CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 02°47'S6" AN ARC DISTANCE OF 5715 FEET; THENCE NORTH 01°09'40" EAST 74.98 FEET; THENCE NORTH 88050'20" WEST 5.00 FEET; THENCE NORTH 0 1 009'40" EAST 143.02 FEET; Page 2 of 3 H:\DOC\21Cp\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 01°04'40" BAST 23.99 FEET TO THE NORTH L1NE OF SAID TRACT; THENCE SOUTH 88°41'03" EST ALONG SAID NORTH LINE 30.00 FEET TO THE POINT OF BEGINNING AND THE TERMINUS OF SAID UTILITY EASEMENT. SAID UTILITY EASEIVIENT CONTAINING 8,770 SQ. FEET, OR 0.20 ACRES, MORE OR LESS. L' 1 1 1 ' i K 9 128 134`h St. SW Everett, WA 98204 425/741-3800 Fage 3 of 3 ' H:\DOC\21 Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Eachibit B.doc EX H I B IT C I . ~ PROPOSED RIGHT-OF-WAY S 88'41'03" E LINE BEARING DISTANCE L1 N 88'4103 W 30.00 L2 S 01'09 40 W 23.99 L3 S 88'50 20 E 20.00 L4 S 8$'50 20 E 5.00 L5 S 01'09 4Q 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 16 E 70.13 Ll 1 S 33'49 53 E 8.88 L12 5 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 887 S5 t 2 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 CURVE RADIUS LENGTH DELTA C1 1370.40 57.15 2'47 56 C2 1129.00 41.02 2'04 54 C3 35.00 1738 29'08 34 C4 29.54 29.94 58'08 44 C5 1144.00 55.88 2'47 56 C6 1185.00 56.91 2'47 56 C7 35.00 37.15 60'48 34 PARCEI. # 0921059020-08 PROPOSED EASEMENR UTILJTY 770 SQ. FT. ~~.20 ACRES) ~ LLl L31 3 ~ g~! i ~ 71 p +I 9) 1 I ~ 30.130. ~ ! 15.00' ~ I PROPOSED UTILRY~.~~ EA,SEMENT ao ' J ( L9 ol I j g ~4 Q a L11~ ~ ~ ~ IZ ~ L12 a~ ~I ~ N ~ I THIS MAP OoES NOT REPRESEN7 A PROPERTY SURVEY AND DOES NOT POIN'f pF BEGiNNING 1- 318th WAY I 1 ~ PURPORT TO SHOW ALL 30'130' I EASEMENTS OF RECORD. SW COR. ~S.E. 320TH ST. ° LI g 3 IsEC. s, ~rwP. _ _ 21 N, RGE. S 88'55'12" E +5E. W.M. 728 134th $kreet SW - Suite 240 ME== Everekk, Mfashington 982U4 Ph: 425141-3800 SCALE: 1"= 100' DATE: 06-22-1 a I:\22\2009\020\29 20- EAS=EXBT6.OWG