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1 RESOLUTION NO. 2 6 6 7
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PUBLIC UTILITY
4 EASEMENT BETWEEN THE CITY OF AUBURN AIRPORT ENTERPRISE FUND
AND THE CITY OF AUBURN UTILITY ENTERPRISE FUND FOR THE PURPOSE
5 OF A PERPETUAL NONEXCLUSIVE EASEMENT
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT
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Section 1. The Mayor of the City of Auburn is herewith
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authorized to execute a Public Utility Easement between the
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City of Auburn Airport Enterprise Fund and the City of Auburn
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Utility Enterprise Fund for the purpose of a perpetual
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nonexclusive easement A copy of said Agreement is attached
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hereto and denominated Exhibit "A" and incorporated herein.
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Section 2 . The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation.
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DATED and SIGNED this 5th day of September, 1995.
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CITY OF AUBURN
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23 CHARLES A BOOTH
MAYOR
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Resolution No 2667
August 23 1995
Page 1
1 ATTEST:
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4 Robin Wohlhueter,
City Clerk
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8 APPROVED AS TO FORM:
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11 Michael J. Reynolds,
City Attorney
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Resolution No. 2667
August 23, 1995
Page 2
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AFTER RECORDING,RETURN TO: rr_r}`a r® NW 7-21-05
City of Auburn d
OP/GIft'4
` (�
25 West Main Street FEB 8 1996 0
Auburn, WA 98001.4998
ATTN: City Clerk KING CUuNTY
RECORDER
PUBLIC UTILITY EASEMENT
For and in consideration of the sum of seven hundred twenty dollars and no cents ($720 00) and other good and
valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor
herein, Grantor, City of Auburn, a municipal corporation (Airport Enterprise Fund) of the State of Washington,
hereby conveys and warrants to the City of Auburn, a municipal corporation (Utility Enterprise Fund) of the
State of Washington, Grantee herein, its successors and assigns, a perpetual nonexclusive easement under, over,
through and across the following described real property for the purpose of laying, maintaining, and installing
public utilities and appurtenances thereof, said real property being described as follows:
The North 15 feet of the following described property
Beginning at the Northwest corner of Lot 25 of Mardel Addition Division No. 2, as per plat recorded in
volume 79 of plats, on page 1, records of King County, Washington;
Thence South 00°59'00" East, a distance of 720 76 feet;
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Thence South 89°01'36" West, a distance of 30 feet;
�-i Thence North 00°59'00" West, a distance of 720 76 feet;
Thence North 89°01'36" East, a distance of 30 feet to the point of beginning.
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LO Situate in the City of Auburn, containing 450 square feet of land more or less.
Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said
Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above
improvements without incurring any legal obligation or liability therefore.
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Said Grantor shall have the right to surface improvements and usage, so long as said use does not interfere with
the Grantee's rights, and so long as there is no construction of a structure, building, or other similar facility
having a foundation or not being easily removed. Aircraft tiedowns having anchoring devices embedded into the
y earth are specifically permitted as an acceptable improvement by Grantor Should Grantee disturb or destroy
Grantor's surface improvements, such improvements shall be restored or replaced to an equal to or better than
condition as they were immediately before the property was entered upon by the Grantee.
ySaid Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or
in any way block, restrict or impede full use of the real property within the above-described Easement by said
Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the
boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient
length and location to allow the Grantee full use of, and access and egress to and from the real property within
the above-described Easement. If said gate is to be locked, keys shall be provided to the Grantee.
° Said Grantor shall coordinate all work within said real property with the airport manager, and, if need be, also
with the Federal Aviation Administration, to insure that safety of airport operations is maintained. Any such
work may be limited by the airport manager to hours where potential conflicts of operations can be minimized.
Resolution No. 2667 Page 1 oft EXCISE TAX NOT REQUIRED
Exhibit "A" King Co. Records Division
ay
�d/ClGl &?g . Deputy
This Easement shall be a covenant running with the above-described real property and burden said real estate,
and shall be binding on the successors, heirs and assigns of all parties hereto.
IN WITNESS WHEREOF, said Grantor corporation has caused this instrument to be executed by its ropgrty
officers and its corporate seal to be hereunto affixed this bp4 ay of 4L1 / l J , 19 �‘.
GRANTOR
BY ( ( C.t I O co
Mayor, City of Auburn
BY� —�—
Director, Planning Department
: .PROVED • S TO FORM
STATE OF WASHINGTON) -
COUNTY OF KING
)ss. Michael . Re nolds,
Auburn City Attorney
On this LA day of) ht,1UA-919 / - before me, the undersi d, a Nota Public t and for
he State o W shyngton, dulyecommissioned and sworn, personally appeared �, and
LL( LQ r yt t e-kn}}w�n��to be the L'% (lam and the ,L•'4 respectively, ofl � O,L/&GUI -ZNe that executed the within and foregoing instrumetnt
0 and deed of said corporatioG,for the uses and rposes therein mentioned, and on oath stated that they were
el authorized to execute said instrument and tha the seal affixed is the corporate seal of said corporation.
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IN WITNESS WHEREOF, I have hereunto set my handaxed my official seal on the date
hereinabove set forth.
))91 I6
NOTARY PUBLIC IN AND FOR I ST •ITE OF
WASHINGTON, RESIDING AT _t✓
MY COMMISSION EXPIRES fl1
REF H:\PROJ\PR557-2TE95-600
Page 2 of 2
Resolution No. 2667
Exhibit "A"
(AY WI
OFFICE OF THE MAYOR MINIM 25 WEST MAINCITY , AUBURNADMINISTRATION, WA 98001-4998
CHARLES A. BOOTH, MAOR (206) 931-3041
Y
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STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2667 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2667 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 5th day of September, 1995
Witness �my hand and the seal of the 'City of Auburn this 20th day of March, 1996
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Robin Wohlhueter
City Clerk
City of Auburn