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Home My WebLink About4454RESOLUTION NO. 4 4 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE GRANTING OF AN EASEMENT FOR CONSTRUCTION AND PERMANENT OCCUPATION OF VARIOUS PARTS OF THE CITY RIGHT OF WAY IN CONNECTION WITH THE AUBURN PROFESSIONAL PLAZA PROJECT WHEREAS, by Resolution Numbers 4393 and 4394, the City Council authorized the sale of certain real property to Auburn Professional Plaza, LLC, for the purposes of constructing an office building, and further authorized the City to enter into an lease agreement for the use of a portion of that building; and WHEREAS, as part of the construction of the building, it is necessary to place footings and other support structures below the street grade in the City's right of way to an extent that was not initially contemplated in the plans for the building; and WHEREAS, after construction is complete, the footings and other support structures will not interfere with pedestrian or vehicle access, or with other underground or aboveground utilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1 That the Mayor is hereby authorized to grant construction and permanent occupation easements in substantially the same form as Exhibit A, attached hereto and incorporated herein fully, and to add appropriate legal descriptions to substantially correspond to the diagrams attached hereto as Exhibit B Resolution No 4454 February 17, 2009 Page 1 of 2 Section 2. That the Mayor is authorized to implement such administrative procedures, including but not limited to allowing immediate access to the right of way for construction purposes, 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. Dated and Signed this /24-day of cam` , 2009. ATTEST: Danielle E. Daskam, City Clerk APP: •VED AS TO FORM. niel B. H Resolution No 4454 February 17, 2009 Page 2 of 2 ity Attorne CI BUR V' PE ER B. LEWIS MAYOR After recording return to: CITY OF AUBURN ATTN. City Clerk 251. Main gtreet Auburn, WA 98001 p p 20091008000876 PACIFIC NW TIT EAS 87.00 PAGE -001 OF 006 10/08/2009 15.40 KING COUNTY, WA ',EASEMENT Reference # .(if applicable): Grantor/Borrower:, Grantee /Ass igneetBenefic iarr. Legal Description /STR: Assessor's Tax Parcel ID#: ■/A City of Auburn Auburn Professional Plaza 1.,LC NE 1/4,13, 21-4E 0492000605 and '816200005 i doa For and in consideration of One Dollar ($1..00) and other valuable Consideration in hand paid, CITY OF AUBURN, a municipal corporation of the State of Washington; ( "Granter" herein), hereby conveys and warrants 10 Auburn Professional Plaza, LLC, a Washington Limited, Liability Company ( "Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ( "Property' herein) 'in KING County, Washington: LEGAL DESCRIPTION ,BUILDING FOOTING RIGHT -OF -WAY USE PERMIT A1I "those portions of East Main Street, North Division Street, and 1st Street N.E. in the City of Auburn, lying adjacent to Block 0, as shown on the plat of Ballard's First Addition to Slaughter, as recorded in Volume of Plats, page 84, Records of King County, Washington, and Block 0 of L.W. BaIIard's Park Addition to Slaughter, as recorded in Volume 3 of Plats, page 91, Records of King County, Washington, more particularly described as follows: COMMENCING at the Southwest comer of Lot 4 of Block 0 of said plat of Ballard's First • Addition to Slaughter; THENCE South 89° 04' 21" East along the Southerly line.thereof and-North margin of East Main Street, a distance of 114 59 feet to the POINT OF BEGINNING, THENCE CONTINUING South 89° 04' 21" East along the South line of said Block 0, a distance of 73.00 feet; THENCE South 00° 55' 39" West, 4.00 feet, THENCE North 89° 04' 21" West, 73 00 feet; THENCE North 00° 55' 39" East, 4.00 feet to the POINT OF BEGINNING ;,' EXCISE T(X NOT REQUIRED cis Division Deputy TOGETHER WITH that portion of East Main Street, more particularly described as follows: COMMENCING at the Southwest corner of said Lot 4, THENCE South 89° 04' 21" East along the Southerly line thereof and North margin of East Main Street, a distartce,of 95.11 feet to the POINT OF BEGINNING; THENCE CONTINUING South.89° 04' 21" East along the South line of said Block 0, a distance of5.0Qfeet; THENCE South 00° 5$' 34"'Westj.00 feet; THENCE North ,89° 04'..`21" West, 5.00 feet;,, THENCE North 00° 55' 39" East, ,L:00 feet,,io the POINT OF BEGINNING; TOGETHER WITH that portion'of East,Maitn Street, more particularly described as follows: COMMENCING at the Southwest corner of said Lot 4; THENCE South 89° 04' 21" East along the Southerly fine thereof and North margin of East Main Street, a distance of 68.1 1 feet to the POINT OF BEGINNING; THENCE CONTINUING South 897 04' 21" East along the South line of said Block 0, a distance of 5.00 feet; THENCE South 00° 55' 39" West, 1.00 feet; THENCE North 89° 04' 21" West, 5.00 feet, THENCE North 00° 55' 39" East, 1.00 feet to the POINT OF BEGINNING; TOGETHER WITH that portion of East Main Street, more particularly descr`bedas follows: COMMENCING at the Southwest comer of said Lot 4; THENCE South 89 °,04' 21" East along the Southerly line thereof and North margin of East Main Strreet, a distance '6-f-41.11 feet to the POINT OF BEGINNING; , THENCE CONTINUING South 89° 04' 21" East along the South line of said,l:1lock 0, a distance of 5.00 feet; ' THENCE South00° $5' 39" West, 1.00 feet; THENCE Worth 897 04' 21" West, 5.00 feet, THENCE North 00° 55'•39" East, 1,00 feet to the POINT OF BEGINNING; TOGETHER WITH that portion of North Division Street, more particularly described as follows. COMMENCING at the Southwest corner or said Lot 4, THENCE North 00° 56' 03" Eastalong the West line thereof and East margin of North Division Street, a distance of 40.04 feet to the POINT OF BEGINNING; THENCE CONTINUING North 00° 56' 03 ".East, 7.00 feet THENCE North 89° 03' 57" West, 1.50 feet; THENCE South 00° 56' 03" West, 7.00 feet; „ THENCE South 89° 03' 57" East, 1.50 feet to the POINT OF BEGINNING; TOGETHER WITH that portion of North Division Street, more particularly described as follows: COMMENCING at the Southwest corner of said Lot 4; THENCE North 00° 56' 03" East along the West line thereof and East margin of North Division Street, a distance of 52.54 feet to the POINT OF BEGINNING; THENCE CONTINUING North,0Q° 56' 03" East, 96.00 feet; THENCE North 89° 03' 57" West, 4.00 feet; TNENCI~ South 00° 56' 03 "''Wei ,96.00 feet; THENCE South y9° 03'57" East, 4.00''fee4't0 the POINT OF BEGINNING, • TOGETHER WITN'that portion of North l5irision Street, more particularly described as follows- , COMMENCING at the Southwest corner of said Lot 4; THENCE North 00° 56' 03" East along the West line thereof and„East margin of North Division Street, a distance of 151.04 feet to the POINT OF BEGINNING, THENCE CONTINUING North 00° 5.6' 03" East, 7.00 feet; THENCE North 89° 03' 57" West, 1,50 feet; THENCE South 00° 56' 03" West, 7.00 feet; THENCE South 89° 03' 57" East, 1.50 feetto the POINT OF BEGINNING; TOGETHER WITH that portion of Ist Street N.E., more particularly described .as fotlovys: COMMENCING at the Northwest corner of Lot 5 ofsaid Block 0, L:W Ballard's' Park Addition to Slaughter - THENCE South 89° 19' 06" East along the North line thereof and South margin of 1st Street N.E., a distance of 33.60 feet to the POINT OF BEGINNING; "" THENCE CONTINUING South 89° 19' 06" East, 74.00 feet, THENCE North 00° 40' 54» East, 4.00 feet; THENCE North 89° 19' 06" West, 74.00 feet; THENCE South 00° 40' 54" West; 4,00 feet to the POINT OF BEGINNING. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, #Maintain, repair, replace, improve, and remove permanent footings and other underground support structures for underground building footings and associated support structures in the City Right of Way in acpordance,with the construction documents attached hereto as Exhibit A and incorporated herein fully by reference, Grantee's Use of Easement Area After Construction. After construction, Grantee's right to use the Easement Area_is limited to She existing underground structures. Grantee shall have no right to interfere with pedestrjsn or vehicleiccess iiithin the City's Right of Way, and Grantee shall have no right to interfere with the placement, operation, or rnantelnance of utilities in the Right of Way; Provided, that such other uses shall not unreasonably infringe on Grantee's easement rights. Following, the initial construction of all,or, a portion of its systems, Grantee may, from time to time, repair or maintain facilities within the Welnent Area as it may require for such facilities. 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. 3. Grantor's Use of Easement Area. Grantor reserved the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provid'ed,,.hovrever, Grantor shall not construct or maintain any buildings, structures or other objects that.: would adversely ' impact the subsurface Easement Area without the prior written consent of the Grantee. 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 negligence of Grantor 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. This easement and the covenants herein shall be covenants running with the land and shall inure to the benefit of and be binding on the successors, heirs, and assigns of both parties hereto, provided that Grantee's, rights hereunder shall not be. assigned to any other entity without the prior written consent of Grantor which consent shall not be unreasonably withheld. DATED this / ✓ day of GJ 7d be-✓ GIANT City of $Y: • ubu i gtc�rt municipal.c9tporation • kief. s /Wye,/ ,; • 4 ' STATE OF WASHINGTON ) ) ss, COUNTY'OF KING ) 2009. • On this c2tA rt , day of lGa'74'5 2009, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personallyappeared Peter B. Lewis, and Danielle E. Daskam to me known to be the Mayor and City Clerk of the City, of Auburn, a municipal corporatiott that executed the within and foregoing instrument, and acknowledged The same to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned and on oath stated that they are authorized•to execute said instrument. WITNESS my hand and official seal hereto affi and year firs %l l ltc:' & kc NOTARY PUBLIC, in and for the State of Washington, Residing at �% dr e' e • My appointment expires J ') Exhibit A • i T E T PIE. ti �' rte{ ` �+0 . - t --�_ .. i LW. TAL A$AFffAR iDDJTJON VIM' O 5 a • a .13 9 I .ir 2 9ApARD'8 rum. ADDfi1df TO It82AUGMEf ' 1 /iI C74 1.5' , ',..— =MC 1 w�ollr �1x 1 .' //1 .8_ axrag ji , 1 i n Y A .acv y 1 .. ,EAST MAN STILT SCALE HORIZONTAL r -eo. YiRIPC/1 N/A H 16215 72C ACM D4 WV KEtrt. WA Y60s2 I (4253 I -8282 425 82 FAX i1/4 i 4o MARRING. SURVEYING. CM. AL SUM= DES/p/FD (DRAWN .-1SL--. 1—CHECKED - IAPPROVED J1wys _iar, For AUBURN PROFESSIONAL PLAZA TItIe: BUILDING FOOTING RIGHT -OF -WAY USE J06 NMER 1314 A�7 1J1471 006.000 l EXHIBIT `B' (Construction documents) Attached hereto and made a part hereof Easement dated , 2009, By and between City of Auburn, a municipal corporation of the State of Washington, as Grantor And , a , as Grantee. Page 5 of 5 February 17, 2009 Auburn Professional Plaza Resolution No Exhibit "B" NORTH DIVISION STREET 1" = 60' 1ST STREET N.E. 4' FOOTING NO0'40'54 1 PERMIT NO0'40'541 4 00' S89� 1 6 "E 74 00 4 00' /777 /77 T� 30' sl' 33 60' 174 00' ` 72 40' L.W. BALLARD'S PARK ADDITION 1) azt o TO SLAUGHTER 5 6 r 4 3 BALLARD'S FIRST n114 9'1-1 1 0 G L 7 0 8 9 16' ALLEY 2 ADDITION TO n 7300' S00'55'39"W N89'04 21 "W 73 00 4 00' L 4' FOOTING PERMIT SLAUGHTER 82 17' S00'55'39"W 4 00' EAST MAIN STREET I , DESCRIPTION 13147L008 doc File P \13000s \13147 \survey \13147EX05 — FOOTINGS dw5 Date /Time 2/17/2009 2 23 PM Scole 1 1 RHERRON Xref -- — Scole Horizontal 1 " =60' Vertical 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES AUBURN PROFESSIONAL PLAZA BUILDING FOOTINGS RIGHT -OF -WAY USE PERMIT Job Number 13147 Sheet 1 of 1 Designed I Drawn KMM Checked RWG Approved RWG 1 Dote 02 17 9