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Home My WebLink About2668 ° i�4L 1 RESOLUTION NO. 2 6 6 8 2 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. 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 8 Section 1. The Mayor of the City of Auburn is herewith 9 authorized to execute a Public Utility Easement between the 10 City of Auburn Airport Enterprise Fund and the City of Auburn 11 Utility Enterprise Fund for the purpose of a perpetual 12 nonexclusive easement A copy of said Agreement is attached 13 hereto and denominated Exhibit "A" and incorporated herein 14 section 2 . The Mayor is hereby authorized to implement 15 such administrative procedures as may be necessary to carry 16 out the directives of this legislation 17 DATED and SIGNED this 5th day of September, 1995 18 19 CITY OF AUBURN 20 21 22 VWW'iolia Got 23 CHARLES A. BOOTH MAYOR 24 25 26 Resolution No. 2668 August 23 1995 Page 1 1 ATTEST 2 4 Ro in Wohlhueter, City Clerk 5 6 7 8 APPROVED AS TO FORM 9 - 10 I I 4 11 Michael J Reynolds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2668 August 23, 1995 Pagc 2 AFTER RECORDING, RETURN TO 17P41#11/4/ NW 7-21-05 City of Auburn p p f`!C I V E D .- 25 West Main Street • W) Auburn,WA 98001-4998 FEB 8 1996 ATTN. City Clerk KINu L.OUNTV ONS rim$ _ MENT For and in consideration of the sum of four thousand eight hundred sixty-six dollars and no cents ($4,866.00) 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 Lots 22 through 27, inclusive, of Mardel Addition Division No. 2, as per plat recorded in volume 79 of Plats, on page 1, records of King County,Washington, except the South 84 feet of Lots 22 and 27; O Less existing public utility easements. tip Situate in the City of Auburn, containing 4,139 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. 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 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. Said 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. EXCISE TAX NOT REQUIRED Page l of 2 King Co. Records Division Resolution No. 2668 B L , �J// „ I Deputy Exhibit A • 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 thi in rument to e execytedly�� pro officers and its corporate seal to be hereunto affixed this _,d ••ay of th 19 GRANTOR BY elatetk c /3 ± Mayor, City of Auburn Director, Planning Department • ' • 'OV TO FORM: STATE OF WASHINGTON) )ss COUNTY OF KING ) Michael J Reynolds,City Attorney On this Mlay of A jig (x-19:/ before me, the undersigned, a Notary P,ubli�/ig aml for theState of Washingto du y co ,ssi. • and s ,,personally appeared UL44,age t✓' C./Pt/1J( and a own tope the .. and th- t j //,�//' a respectively, of iS �� ••• 1 • at executed • the within • • foregoing ' istrument and deed of said corporation,ttor the uses and purposes mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affix- 1." is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. N C.0 NOTARY PUBLIC IN AND FOR y t <STApTE OF Cr) WASHINGTON, RESIDING AT ah./ MY COMMISSION EXPIRES REF H:\PRO.I\PR557-1\E95-599 Page 2 of 2 Resolution No 2668 Exhibit "A" tai■ CITY ADMINISTRATION CHARLES RLES A BOOTH MAYOR CittY CH OF THE MA Y OR w 25 WEST MAIN, AUBURN, WA 98001-4998 . , l� (206) 931-3041 hint 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. 2668 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2668 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. 6-6-oyaik .k Robin Wohlhueter City Clerk City of Auburn