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HomeMy WebLinkAbout4940 RESOLUTION NO. 4 9 4 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN REAL PROPERTY AS NO LONGER NEEDED FOR SANITARY SEWER UTILITY PURPOSES AND AUTHORIZING THE MAYOR TO EXECUTE A DEDICATION DEED THEREOF FOR CITY RIGHT-OF-WAY PURPOSES FOR MUTUAL CONSIDERATION WHEREAS, the City, through its Sanitary Sewer Utility, owns property located at West Valley Highway and West Main Street; and WHEREAS, the recent City Project No CP0916, the West Valley Highway Improvements project, funded through grants and street revenues, was constructed that widened West Valley Highway partially into the property; and WHEREAS, property owners are required to complete certain frontage improvements, and the West Valley Highway Improvements project has completed a portion of these improvements exceeding the value of the property to be dedicated as right of way; and WHEREAS, in order to provide sufficient right of way for the West Valley Highway public street and public utility purposes, staff recommends dedicating a portion of the property as City right of way; and WHEREAS, the City previously recorded a Wetland Construction and Maintenance Easement under Recording Number 20050324000883, which encumbers a portion of the property; and WHEREAS, as required by RCW 35.94.040, the City held a public hearing on the matter of whether the property is no longer required for utility purposes; and WHEREAS, the Utility is an Enterprise of the City that is entitled to segregation of its assets and liabilities as a part of that Enterprise, and WHEREAS, in connection with this transfer, there is value to the utility to be allowed to have its lines placed within the City road rights-of-way should that be necessary in the future, and this is sufficient consideration to the Utility for the ------------------------ Resolution No. 4940 April 22, 2013 Page 1 of 2 property being dedicated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the portion of the property described in Exhibit "1" is hereby declared to be no longer needed for Sanitary Sewer Utility Purposes Section 2. That the Mayor is hereby authorized to execute a Dedication Deed in substantially the form at Exhibit "2", which is attached hereto and incorporated fully herein. Section 3. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of ' 2013. C F AUB R PETER B LEWIS MAYOR ATTEST- Danielle E. Daskam, City Clerk APP VED O FORM: D el B. Heid, City Attorney --------------------------- Resolution No. 4940 April 22, 2013 Page 2 of 2 EXHIBIT "1" -EIXHHMT „A" RIGHT OF WAY LEGAL DESCRIPTION A portion of the Southeast Quarter of the Southeast Quarter and of the Northeast Quarter of the Southeast Quarter all in Section 14,Township 21 North, Range 4 East of the Willamette Meridian, in King County,Washington, said portion described as follows: Commencing at the Southwest corner of Parcel"F" as shown on Record of Survey recorded under Recording Number 20090403900002, Records of King County,Washington; Thence N 160 34'03" E along the east margin of West Valley Highway a distance of 278.66 feet to the True Point of Beginning, Thence leaving said east margin of West Valley Highway N231 29'46" E, 227.32 feet; Thence N 210 53'56" E, 150.55 feet; Thence N 120 55"06" E, 91.65 feet; Thence N 380 44' 24" E, 163.99 feet; Thence N 21046' 10" E, 74.40 feet; Thence N 050 34' 22"W, 15.49 feet; Thence N 550 41' 56"W, 18.83 feet; Thence N 800 02' 16"W, 41.45 feet; Thence N 180 17'06' E, 32.76 feet; Thence N 180 17' 14" E, 103.36 feet; Thence N 160 57'49" E,65.02 feet; Thence N 170 49'04" E,97.23 feet; Thence N 19104' 34" E, 33.67 feet to the beginning of a non-tangent curve to the right, having a radius of 76.34 feet from which point the center of said curve bears S 610 21' 01" E; Thence northeasterly along said curve through a central angle of 460 06'21"an arc distance of 61.43 feet to the beginning of a non-tangent curve to the right, having a radius of 284.43 feet from which point the center of said curve bears S 15014'39" E; Thence easterly along said curve through a central angle of 110 52'05" an arc distance of 58.92 feet; Thence N 860 37' 25" E,6.51 feet; EXHIBIT "1" Thence N 02120'41" W, 4.49 feet to the south margin of the 120 foot Right of Way of West Main Street and the beginning of a Non-tangent curve, concave to the north, having a radius of 2920.0 feet from which point the center of said curve bears N 02°20'41"W; Thence westerly along said curve and along said south margin of West Main Street,through a central angle of 20 22' 28",an arc distance of 121.00 feet; Thence N 890 57'08" W, 25.87 feet along said south margin of West Main Street to the east margin of West Valley Highway; Thence S 12153' 25"W along said east margin of West Valley Highway, 81.45 Feet to the beginning of a tangent curve to the right, having a radius of 2,892.30 feet; Thence southwesterly along said curve and along said east margin of West Valley Highway,through a central angle of 80 34' 29"an arc distance of 432.85 feet; Thence S 160 34'03" W, along said east margin of West Valley Highway, 563.39 feet to the Point of Beginning. This property description contains 48040 Square feet(1.103 acres), more or less. Basis of bearings is NAD 83/91, Washington North Zone, as defined in Record of Survey recorded in Volume 261 of Surveys at pages 98-104 under recording number 20090403900002, records of King County,Washington. NiN'•. S��NAL LAN�SJ �I\,t I2o�1J 0:\5URVEY\PROJECT5\CP0916 West Valley Hwy\ROW&Survey Control\Exhibit A.doc 4-17-2013 I EXHIBIT"A" RIGHT OF WAY LEGAL DESCRIPTION A portion of the Southeast Quarter of the Southeast Quarter and of the Northeast Quarter of the Southeast Quarter all in Section 14,Township 21 North, Range 4 East of the Willamette Meridian, in King County,Washington, said portion described as follows: Commencing at the Southwest corner of Parcel"F" as shown on Record of Survey recorded under Recording Number 20090403900002, Records of King County,Washington; Thence N 160 34'03" E along the east margin of West Valley Highway a distance of 278.66 feet to the True Point of Beginning, Thence leaving said east margin of West Valley Highway N230 29'46" E, 227.32 feet; Thence N 210 53'56" E, 150.55 feet; Thence N 120 55" 06" E, 91.65 feet; Thence N 380 44'24" E, 163.99 feet; Thence N 21046' 10" E, 74.40 feet; Thence N 050 34' 22"W, 15.49 feet; Thence N 550 41' 56"W, 18.83 feet; Thence N 800 02' 16"W, 41.45 feet; Thence N 180 17'06' E, 32.76 feet; Thence N 180 17' 14" E, 103.36 feet; Thence N 160 57'49" E, 65.02 feet; Thence N 170 49' 04" E, 97.23 feet; Thence N 190 04' 34" E, 33.67 feet to the beginning of a non-tangent curve to the right, having a radius of 76.34 feet from which point the center of said curve bears S 610 21' 01" E; Thence northeasterly along said curve through a central angle of 46006' 21"an arc distance of 61.43 feet to the beginning of a non-tangent curve to the right, having a radius of 284.43 feet from which point the center of said curve bears S 15014' 39" E; Thence easterly along said curve through a central angle of 110 52'05" an arc distance of 58.92 feet; Thence N 860 37' 25" E, 6.51 feet; Thence N 020 20'41" W,4.49 feet to the south margin of the 120 foot Right of Way of West Main Street and the beginning of a Non-tangent curve, concave to the north, having a radius of 2920.0 feet from which point the center of said curve bears N 02° 20'41"W; Thence westerly along said curve and along said south margin of West Main Street, through a central angle of 20 22' 28", an arc distance of 121.00 feet; Thence N 890 57' 08" W, 25.87 feet along said south margin of West Main Street to the east margin of West Valley Highway; Thence S 120 53' 25"W along said east margin of West Valley Highway, 81.45 Feet to the beginning of a tangent curve to the right, having a radius of 2,892.30 feet; Thence southwesterly along said curve and along said east margin of West Valley Highway,through a central angle of 80 34' 29" an arc distance of 432.85 feet; Thence S 160 34'03" W,along said east margin of West Valley Highway, 563.39 feet to the Point of Beginning. This property description contains 48040 Square feet(1,103 acres), more or less. Basis of bearings is NAD 83/91,Washington North Zone,as defined in Record of Survey recorded in Volume 261 of Surveys at pages 98-104 under recording number 20090403900002, records of King County,Washington. • �pF HI 1 t•, O. O ANAL Lk 1Lo%11 0:\SURVEY\PROJECT5\CP0916 West Valley Hwy\ROW&Survey Control\Exhibit A.doc 4-17-2013 I C.L. WEST MAIN Sr Er15{ R.O. — L11 0 L UO L12 1 C2 2 30 3 L7 NORTH N.T.S. L6 SCHEMATIC ONLY `I V L4 L3 DESCRIBED AREA = L1 48,040 SQUARE FEET 1 103 ACRES M/L N21'46'10"E 74.40' RADIAL BEARING TABLE 3D. LINE BEARING DISTANCE RL1 S61'2101"E 76.34' EXISTING N384424"E RL2 S15-14'39"E 284.43' ROW WEST 163.99' RL3 NO2'20'41"W 2920.0' VALLEY RW l CURVE RADIAS DELTA LENGTH C1 1 76.34' 46'06'21 61.43' w C2 284.43' 11'52'05" 58.92' ho N12'S5'O6"E C3 02'22'28" 121.00' N 91.65' C4 ' 08'34'29" 432.85' / LINE BEARING DISTANCE Z L1 N05'34'22"W 15.49' L2 N55'41'56'W 18.83' N21'53'56"E L3 N80'02'1 6'W 41.45' 150.55' L4 N18'17'06"E 32.76' L5 N18'17'14"E 103.36' L6 N16'57'49"E 65.02' L7 N1749'04"E 97.23' L8 N19'04'34"E 33.67' N23'29'46"E L9 N86'37'25"E 6.51' 227.32' L10 NO2'20'41"W 4.49' / L11 N89'5040eW 25.87' UE POINT OF I L12 I S12-53'25"W 81.45' s' 19 BEGINNING SOUTHWEST REFERENCE SURVEYS: CORNER OF Record of survey recording number 2 PARCEL ARCEL "F" 20090403900002 "F„ Mill Creek Floodplain storage and 69'41'20" W Wetland Mitigation Area 61.88' THIS DRAWING IS TO ACCOMPANY THE LEGAL DESCRIPTION FOR THE NEW RIGHT OF WAY DEDICATION AND DOES NOT REPRESENT A BOUNDARY SURVEY EXHIBIT "B" cmor�� CITY OF AUBURN RIGHT OF WAY DEDICATION PUBLIC WORKS DEPARTMENT West Valley Hwy 8 West Main St w�SHINGTON 25 WEST MAIN-AUBURN,WA City of Auburn Project No.CP0916 o\mxvtvwawccrs\evome w..,v"M mz\wis*\aw nui xow es omezou oxc Drawn By:B.L.M. Date 04-17-2013 . cvvovawvvvoao.uvl r EXHIBIT "C" AFMA RECORDING RKAM TO: KC Property Services Division lill KC Administration Building,Rm.500 FF py 00Ti3T 0008 ADM-LS-0500 e, feS 11`28pe az.0! 500 Fourth Avenue K cou rr, un Seattle,wA98104 EXCISE TAX NOT REQUIRED P r t King Co..Records Division Deputy WIND N M115ADUA Above this line reserved for recording information. (�law`Twff9'IV-�a-> GOEDECKE NORTH WETLAND CONSTRUCTION AND MAINTENA CE ' EASEMENT (KC—S.277'1 Street Phase III mitigation of wetlands) Reference it(if applicable): Grantor; City of AubuWs Sanitary Sewer Utility Grantee/Assignee/Eeneficiary; King County Legal Desctiption/STR; NE 1/4 of the SE'/of Section 14 T21 R04 Assessor's Tax Parcel IN: 142104-9051 142104-9048, 142104-9049,and 142104-9051 THIS CONSTRUCTION AND MAINTENANCE EASEMENT (sometimes referred to hereinafter as 'Basement") is made and entered into this 10�. -day of —a s{-dU6r 2003,by and between the City of Aubuin''s Sanitary Sewer Utility, a municipal corporation of King County, Washington, organized under Title 35A RCW, hereinafter referred to as the "CITY", for,the benefit of King-County, a political subdivision of the State of Washington,hereinafter referred to as"the COUNTY". WHEREAS,the CITY owns property that is partially encumbered by wetlands; and WHEREAS, the COUNTY is seeking to mitigate the disturbance of an existing wetland area along their South 277th Street Reconstruction Project Phase III at property owned by the CITY; and WHEREAS, it is mutually agreed that preservation of quality wetlands is essential to maintaining an environment,which supports quality water resources,and the preservation of wildlife thereby creating a benefit of public health,safety,and welfare; and WHEREAS, the preservation and.cnhancemet of wetlands is in conformity with the CITY's Comprehensive Plan; and *wdbyPactfictNorthwestTflleae docommoddon only.It has rot bun GoedeckeNorth—Wed and Main lenanceEasement examinada3toPrgPerexeeufionor Page 1 of 8 do to he affect ui)on titlo. LWWJLYVVVVVJ�VV6 WHEREAS, the CITY,has received consideration from the COUNTY for granting this Easement,the consideration has a long-term benefit to the CITY and the CITY'S Subject Properly. NOW,THEREFORE,for and In consideration of ten dollars ($10.00)and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by the CITY, the CITY hereby grants and conveys to the COUNTY this Easement as follows: 1. AUTHORITY TO BURDEN SUBJECT PROPERTY. The CITY is the owner in fee simple of King County tax parcel' numbers 142104-9075, 142104.9048, 142104-9049,and 142104-9051 hereinafter referred to as Subject Property, located 1n the City of Auburn, King County, Washington. A portion of the Subject Property has been legally described in Attachment 'A' as Maintenance Easement, attached hereto and incorporated herein by.reference. This site is to be used by the COUNTY for welland mitigation,per this Easement, and shall be hereinafter referred to as the Maintenance Easement. The CITY has full power and authority to burden the Subject Property and consequently the area described as the Maintenance Easement in Attachment A,with ibis Easement. 2. PURPOSE. The CITY's purpose and intent in entering into this Easement is as follows: (1) Satisfy the COUNTY's United States Corps of Engineers (permit # 2002-4- 00714) requirements associated with the COUNTY's South 277'h Street Reconstruction Project Phase III. (2) Define the area that the COUNTY is seeking to use, develop, maintain and mitigate as an enhanced wetland, known as the King County Mitigation Tract, legally described in Attachment 'B', attached hereto and incorporated herein by reference. (3).Hstablish a Dedication of Open Space and Welland Conservation that will tun with the land in perpetuity, upon the Subject Property for the King County Mitigation Tract. (4) Provide the COUNTY with the ability, if required, to monitor and maintain the King County Mitigation Tract as a functioning wetland for a period of thirteen years, with an option to maintain the site longer if required by the United States .Corps of Engineers. 3. RIGHT OF ENTRY/ACCESS. The CITY hereby provides the COUNTY with Right of Entry and Access across the adjacent CITY property, described in Attachment 'C', for the purpose of establishing and maintaining the mitigation site. The access location may be relocated at the CITY's discretion and the COUNTY will be notified when this occurs. Qoedecke North-Welland Maintenance Easement Page 2 of 8 LV VVVVLYVV VVV V�V VJ By acceptance of this Easement the COUNTY agrees, to the extent predictable, to leave the Subject Property adjacent to the Maintenance Easement, in as good condition as existed on the day the construction commenced. This shall include the timely removal of. any and all debris,rubbish or combustible materials resulting from construction activities. The C]TY agrees that this Right of Entry shall continue in full force and effect from the date that the COUNTY gives adequate notice to the CITY for the commencement of construction,until the COUNTY'.s permit has been satisfied with the United States Army Corps of Engineers and other permit agencies and the site has been restored to the existing conditions. 4. EASEMENTS. The CITY hereby agrees to record a permanent non-exclusive Wetland Conservation Dedication set forth herein across, under, over and upon the King County Mitigation Tract, and the CITY covenants that this Wetland Conservation Dedication shall burden the Subject Property and be a benefit to the public. This Easement granted and conveyed herein, grants to the COUNTY, for a period of thirteen (13) years from the effective date of-this Easement, the right to use the Mitigation Tract, legally described in Attachment 'B', as a wetland mitigation site to satisfy the j requirements of the United States Army Corps of Engineers in connection with the South 277th Street Reconstruction Project Phase III including, but not limited to, establishing, monitoring, maintaining, preserving, and enhancing the wetland mitigation site and wetland functions such as recharge, conveyance or storage of storm water. At the COUNTY's request, the maintenance period shall be extended by an amendment to this Easement, if such extension is necessary to satisfy the requirements of the Corps of Engineers. 5. HEIRS,SUCCESSORS,AND ASSIGNS. The covenants,terms,conditions,and restrictions of this Easement shall be binding upon, and inure to the benefit of,the parties hereto and their respective personal representatives, heirs; successors, and assigns, and shall continue as a servitude and easement running in perpetuity with the Subject Property. 6. COUNTY USE DURING MAINTENANCE PERIOD. The COUNTY shall design the wetland mitigation site to meet with the approval of the .Corps of Engineers. The CITY shall review and approve of the wetland mitigation plans once the Corps of Engineers have approved the plans and prior to construction of any enhancement to the Mitigation Tract. During the maintenance period, the COUNTY may enter upon the Maintenance Easement at all times and for all purposes related to the implementation of the mitigation requirements identified in the United States Army Corps of Engineers permit. By acceptance of this Maintenance Easement the COUNTY agrees to maintain the Maintenance Easement as may be required by COUNTY and/or state agencies and as approved by the CITY; and the COUNTY shall not otherwise unreasonably interfere with Coedecke North-Welland Maintenance Easement Page 3 of 8 the ownership,possession,or use of the Maintenance Easement when entering to perform the permitted functions.described herein.. 7. PROHIBITED USES OF WETLAND PROPERTY. For the duration of the Maintenance Period,the CITY agrees as follows: (1) The Mitigation Tract shall be protected as open space/wetland, and no other use shall be permitted thereon; (2) The CITY shall not in any way impair or interfere with the function and us.e of the Mitigation Tract; .(3) The CITY shall take reasonable and necessary steps to prohibit construction of any structures or artificial surfaces or alteration of any vegetation within the Mitigation Tract, unless appropriate mitigation approved by the U.S. Army Corps of Engineers for such disturbance is undertaken; (4) The CITY shall not undertake, nor cause or permit to be undertaken, any activity, or use of the King County Mitigation Tract which is inconsistent with the purpose,scope, or intent of this Easement,or inconsistent with wetland functions such as: recharge, conveyance, or storage of stormwater; mitigation measures required;and vegetative restoration,enhancement and protection. This covenant exists for the benefit of, and may be enforced as noted herein by, the COUNTY. 8. RESERVED RIGHTS. The CITY reserves to itself all rights, title,interest,and obligations incident to ownership of the Subject Property and King County Mitigation Tract except as otherwise provided in this Easement. 9. ENFORCEMENT. In the event the CITY determines that the COUNTY is in violation of the terms of this Easement, the CITY may, at its option, give the COUNTY written notice thereof, and the COUNTY shall have sixty(60)days from receipt of said notice to cure the violation. If a lawsuit is initiated to enforce the terms of this Easement, the prevailing party in such lawsuit shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such lawsuit, in addition to any other remedy or relief obtained. The CI'T'Y, at its option, may take action to preserve and protect the.Wetland Property or its wetland function, after first giving the .COUNTY the foregoing written notice and opportunity to cure, and,in such case, the reasonable expenses incurred by the CITY to preserve and protect the Wetland Site shall also be recoverable from the COUNTY if the COUNTY is found to be in violation of this Easement. In the event the COUNTY determines that the CITY is in violation of the terms of this Easement, the COUNTY may,at its option,give the CITY written,notice thereof,and the CITY shall have sixty (60) days from receipt of said notice to cure the violation. If a lawsuit is initiated to enforce the terms of this Easement, the prevailing party in such lawsuit shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such lawsuit, in addition to any other remedy or relief obtained. The COUNTY, at its option, may take action to preserve and protect the Guedecke North—Wetland Maintenance Easement Page 4.of 8 Wetland Property or its wetland function, after first giving the CITY the foregoing written notice and opportunity to cure, and, in such case, the reasonable expenses incurred by the COUNTY to preserve and protect the Weiland Site shall also be recoverable from the CITY if the CITY is found to be in violation of this Easement. 10. NON-WAIVER OF BREACH. No omission or failure by the COUNTY to exercise or enforce any of its rights under this Basement or to require the CITY to cure any breach hereof, nor any forbearance granted by the COUNTY, shall be deemed or construed as a waiver by the COUNTY of such rights or a discharge of liability for any breach by the CITY of the terms hereof. Nor shall any delay by the COUNTY in the exercise or enforcement of its rights and remedies limit or impair such right or remedy,or be construed as a waiver of the COUNTY'S right to pursue its remedies. 11. COSTS AND LIABILITIES. Except as otherwise provided in this Easement, the CITY retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Wetland Site. The.CITY shall pay all assessments and taxation (if any) against said Wetland Site assessed by any governmental authority as they become due.' 12. HOLD HARMLESS AND INDEMNIFICATION. Washington State law shall govern the respective liability between the parties to this Easement for any loss due to property damage or injury to persons arising out of the activities conducted pursuant to this Easement. To the extent allowed by law, the COUNTY shall defend, indemnify and hold harmless the CITY, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to any act or omission of the COUNTY, its employees, agents, and contractors in the exercise of the rights granted and conveyed to the COUNTY by this Easement. This Indemnification obligation shall include,but is not limited to, all claims against the CITY by an employee or former employee of the COUNTY or its contractors and, as to such claims, the COUNTY expressly waives, as respects the CITY only, all immunity and limitation of liability under Title 51 RCW. To the extent allowed by law, the CITY shall defend, indemnify and hold harmless the COUNTY, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to any act or omission of the CITY, its employees, agents, and contractors in the performance of the CITY'S obligations under this Basement. This indemnification obligation shall include, but is not limited to, all claims against the COUNTY by an employee or former employee of the CITY or its contractors and, as to such claims, the CITY'expressly waives, as respects the COUNTY only, all immunity and limitation of liability under Title 51 RCW. Goedecke North-Wetland Maintenance Easement Page 5 of 8 • LVVaVJLgaVVOOJ�VYO 13. RECORDATION. The CITY agrees to incorporate the terms of this Maintenance Easement in any deed, lease or other Easement, which divests the CITY of any interest in any portion of the Subject Property. The COUNTY shall record this Easement.against the Subject Property, immediately upon execution by both parties, in the Office of the King County Department of Records and.Elections. 14. CONSTRUCTION. This Easement shall be liberally construed to effect the purpose and intent hereof. 15. SEVERABILITY. If any provision of this Easement is ruled invalid or unenforceable for any reason.by a court of competent jurisdiction, the remaining provisions hereof shall remain In force and effect if such remainder would continue to serve the purpose and intent of the parties in entering into this Easement. 16. ENTIRE EASEMENT. This Easement contains the entire• Easement of the parties concerning the matters contained herein and any representations or understandings, whether oral or written;not incorporated herein are excluded, 17. NO THIRD-PARTY RIGHTS. Nothing contained herein is intended to,nor shall be construed to,create any rights in any person or entity not a signatory to this Pasement, or to form the basis for any liability on the part of the CITY, the COUNTY, or their officials,. employees, agents or representatives,to any person or entity not a signatory to this Easement. IN WITNESS WHEREOF,the CITY has executed this easement,effective as of the date first written above. GRANTOR: GRANTEE: CITY OF AUBURN, KING COUNTY Dennis Selle,City Engineer [ Linda Dougherty, pltlfUf/f Road Services Division Director , 4� �O Ia�Z2�03 3645 Date Res# Attest is PU8tte �e V111-i WAS Danielle Daskam,City.Clerk Goedecke North—Wctland Maintenance Easement Page 6 of 8 ZOM3240009n3.007 Approved /to:fo Approved as to form: D Heid eputy Prosecuiing STATE OF WASHINGTON ) :ss COUNTY OF KING ) On this day before me,a Notary Public in and for the State of Washington,duly. commissioned and sworn,personally appeared Dennis Selle,to me known to be the City Engineer of the CITY OF AUBURN,the city that.is described in and executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act of said city,for the uses and purposes therein mentioned,and on oath said person stated that said person was authorized to execute the said instrument. Given under my hand and official seal this,ZzLiday of October,2003. A.R� tt �SGP• ......p= tt++ NOTARY PUBU in and for the St itte of Washington NOTg9Y—° o+i Printed Name: ++t ' �,g 04 Residing at: l J( q�q�w•..... .� JJ ,\��x N•— My commission expires: 1� (0� Goedecke North-Welland Maintenance Basement Page 7 of 8 cwovowvvvvvo.vua STATE OF WASHINGTON ) :ss COUNTY OF KING ) On this day before me,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared Linda Dougherty,to me known to be the Director of the Road Services Department of KING COUNTY,the county that is described in and executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said county,for the uses and purposes therein mentioned,and on oath said person stated that said person was authorized to execute the said instrument.' Given under my hand and official seal this day of ,2003, z�i f lQ rur K rn NOTARY PUBLIC in and for the Slate of Washington a—�:Y ) Printed Name: S \ IQ Y O yr �s C l7n Op N� PUB0 C 2' Residing at: :"l% 0±yytg� My commission expires• Goedecke North—Wetland Maintenance Easement Page 8 of 8 iVVYVVLYVV WVY�V Va Attachment 'A' Legal Description for Maintenance Easement THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER THENCE NORTH 89°55'39"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 956.68 FEET TO THE INTERSECTION WITH THE CENTHRLINE OF WEST MAIN STREET AT HIGHWAY STATION 0+72.96 P.C.,ACCORDING TO THE HIGHWAY PLANS FOR STATE i ROUTE 167 APPROVED OCTOBER 23, 1969 AND RECORDED WITH THE KING COUNTY RECORDHR'3 OFFICE UNDER RECORDING NUMBER 7311280306;TRENCH CONTINUING NORTH 89 055'39"WEST,ALONG SAID'CENTERLINE OF WEST MAIN STREET A DISTANCE OF 12.47 FBET TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY,STATE ROUTE NO 181,ACCORDING TO THE SURVEY FILED UNDER RECORDER'S NUMBER 8101279002;THENCE SOUTH 12°54'54"WEST ALONG SAID EAST RIGHT-OF-WAY LINE OF STATE ROUTE NO.181,A DISTANCE OF 61.54 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF REALIGNED WESTMAIN STREET AND THE POINT OF BEGINNING OF THIS PARCEL DESCRIPTION;THENC$SOUTH 89°55'39"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE,BEING A LINE PARALLEL WITH j AND LYING 60 FEET RIGHT OF SAID REALIGNED WEST MAIN STREET,A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2920.00 FEET;THENCE EASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL .ANGLE OF 06033'06",AN ARC DISTANCE OF 333.90 FEET TO A POINT 60 FEET RIGHT OF HIGHWAY STATION 4+00,REALIGNED WEST MAIN STREET;THENCE SOUTH 40°31'23"EAST A DISTANCE OF 84.03 FEET TO A POINT 130 FEET RIGHT OF HIGHWAY STATION 4+40,REALIGNED WEST MAIN STREET;.THENCE SOUTH 49°52'56"WEST A DISTANCE OF 9.95 FEET,THENCE NORTH 40°36'2$"WEST A DISTANCE OF 37.41 FEET; THENCE SOUTH 31009'49"WEST A DISTANCE OF 77.64 FEET,THENCE SOUTH 02°26'35" WEST A DISTANCE OF 213.37 FEET;THENCE SOUTH 24039'14"WEST A DISTANCE OF 107.86 FRET TO A POINT ON THE NORTH LINE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8109100300;THENCE NORTH 85 040'28"WEST ALONG SAID EASEMENT A DISTANCE OF 74.49 FEET;THENCE SOUTH 04 019'32"WEST A DISTANCE OF 50.98 FEET;THENCE SOUTH 88 041'26"WEST A DISTANCE OF 148.69 FEET;THENCE NORTH 64°14'40"WEST A DISTANCE OF 99.75 FEET,THENCE NORTH 14029'40"WEST A DISTANCE OF 30,55 FEET TO THE NORTH LINE OF THE HEREINBEFORE MENTIONED SANITARY SEWER EASEMENT;THENCE NORTH 85 040'56" WEST ALONG SAID EASEMENT A DISTANCE OF 65.25 FEET TO THE EAST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY,BEING A POINT ON A CURVE TO THE LEFT,THE CENTER POINT OF WHICH BEARS NORTH 71°04'01"WEST A DISTANCE OF 2895.00 FEET, THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENIT2A.L ANGLE OF 06°01'05"AN ARC DISTANCE OF 304.08 FEET;THENCE CONTINUING NORTH 12°54'54" EAST ALONG SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 81.47 FEET TO THE POINT OF BEGINNING. SE EK/6 200$ CONTAINING 3.803 ACRES,MORE OR LESS uzeg o;' Attachment'A' �AOrsTSY6 GoedeckeNorth—Cons truction/Maintenance Easement , pVALZAIIQSJ� Page I of 2 . tt%Pllif97/7/O1K' 0 5ww-'ST 1/4, SEC110N 14,.TOIRew 21 NCRIK RANGE 4 FASt. W.LL 12 47' i� i It SST MAW STREET �0 CENIERUNE 1° 1 ($. 328TH sT•) N8955'39'W N8955'39'W NORTH UNE SOUTHEAST 1/4 14 �m o L SECTION 14 , 956.66• 73 ro 26.15 R=2920.00 a S 8955'39' E L33.90 r 1 Z in p==6•33.06' 33 FI GU ° a° Zff-LAU _ •p°+^. S 4952'56''W 9.95 O,S��p''4i"Vl�� ' yh•' N 40;>6'25' W 37.41' f- MAINTENANCE EASEMENT a y. •90)STC&F': J y y� °°yt= AREA 3.803 AC(FFS lOry���s� ou0wsruos < ^ m o NN GRAPHIC SCALE sEyTEM6Ef/f Zoo3 too 0 50 100 200 fY�R IN P 30, 0 W N854056- FEET ) 65.25' N85-40-28-W S. 277TH STREET-WEST LEG PH.'2 '+0'28"W o GOEDECIE NORTH PROPERTY DUST. 20' •• 74.49' 0ry�^ InNG W111TiY Fl1CY4t7Y N 14'29'40• g 64� EASEM T 13 REC. N0. 8109100 30.55 $>S 440•�� ---_..- — N85-40, 8 WW ^MAINTENANCE �•SB8'4'1'26'W'i48.69 0419'3Y W 50.98 EASEMENT EL-I=NDY 1 ' ROAD SERVICES ONMON• SURVEY 6 NAPPING ao mrnevc aewma� maK-�+n wx a�nn 1>7 Attachment`A' Goedecke North-Construction/Maintenance Easement Page 2 of 2 c c c c c c e c c C C LV VDVJLYV WOOJ.V'rl Attachment `B' Legal Description for King County Mitigation Tract GOEDECKE NORTH LEGAL DESCRIPTION (South277th Street West Leg Phase 2 Mitigation Tract) Thatportion of the Southeast Quarter of Section 14,Township 21 North,Range 4 East,W.M., described as follows: Commencing at the Northeast corner of said Southeast Quarter; thence North 89 055'39" West along the north line of said Southeast Quarter for a distance of 956.68 feet to the intersection with the Centerline of West Main Street at Station 0+72.96 P.C., according to the highway plans for State Route 167 approved October 23, 1969 and recorded with the Icing County Recorder's Office under recording number 7311280308; thence continuing North 89°55'39" West along said Centerline of West Main Street a distance of 12.47 feet to the Intersection with the East Right-of-Way line of West Valley Highway, State Route No. 1$1, according to the survey filed under recorder's number 8101279002; thence South 12 154'54" West along said East Right-of- Way line of State Route No. 181 for a distance of 139.57 feet;thence South 77 005'06"East for a distance of 147.11 feet to the True Point of Beginning; thence North 00 000'00" East for a distance of 34.34.feet; thence Notch 23°24'02" East for a distance of 78.06 feet; thence North 87 000'09"East for a distance of 187.71 feet;thence South 40°31'23"East for a distance of 31.09 feet;thence North 83°41'25"East for a distance of 22.98 feet; thence South 31 009'51"West for a distance of 88:18.feet,thence South 02126135"West for a distance of 213J7 feet;thence South 24 139'14" West for a distance of 107.86 feet to a point on the north line of a 20 foot wide sanitary sewer easement, as recorded under King County Recording Number 81091Q0300; thence North 85°40'28"West along said easement line for a distance of 5.34 feet;thence North 66 027'58" West for a distance of 88.13 feet; thence South 76°15'31" West for a distance of 93.49 feet returning to the north line of the hereinbefore described sanitary sewer easement; thence North 85 040'28"West along said easement line for a distance of 36.15 feet;thence North 61°07'08"West for a distance of 69.40 feet; thence North 57°44'49" West for a distance of 35.23 feet; thence North 05°25'14" East for a distance of 41.14 feet; thence North 37°03'32"' East for a distance of 228.80 feet to the True Point of Beginning. .�)LF�U�j Containing 103,605 square feet,or 2.378 acres •b'� ^"wSr •�' • O f qp ]ffi ' q'Ogr03 r .go:9Fly4�• ttxetaev>ryoS' Attachment`B' Goedecke North—Construction/Maintenance Easement Page 1 of 2 a �, .� � 'o�•�� _ :',�' s�. X81 �� , Hwy 5r2 ,9-4`W � Od 98'SL+O r"I x H?3�?�0. wY Mot N D 'Z '0?E 0 �. qz ' $ A a y � Z z r P. Z p q y as - so2sBPS" W S3f�9 0°•W $ c RFCN�RSgoT`/��oH . '® 4 �g90�Gn* o". O0�3OBA N Trl 9 g ASS MD O „A N 91 fl'Pf1flfll�/�A9MRIM�O Attachment `C' Legal Description for Right of Entry and Access LEGAL DESCRIPTION (S.277THST. West Leg Ph.2 ACCESS ROAD BASEMENT) THAT PORTION OF THE SOUTHEAST.QUARTER OF SECTION 14,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89°55'39"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 956.68 FEET TO THE ENTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY,STATE ROUTE NO 181',ACCORDING TO THE SURVEY FILED UNDER RECORDER'S NUMBER 8101279002;THENCE SOUTH 12°54'54 WEST ALONG SAID EAST RIGHT-OF-WAY LINE OF STATE ROUTE NO. 181,A DISTANCE OF 143.01 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2895.00 FEED,THENCE SOUTHERLY ALONG SAID CURVE T0719E RIGHT THROUGH A CENTRAL ANGLE OF 06°01'05",AN ARC DISTANCE OF 304.08 FEET TO THE INTERSECTION WITH THE NORTH LINE OF A 20-FOOT WIDE SANITARY SEWER EASEMENT,AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8109100300;THENCE SOUTH 85°40'56"EAST ALONG SAID NORTH EASEMENT LINE A DISTANCE OF 65.25 FEET;THENCE SOUTH 14°29'40"EAST A DISTANCE OF.30'.55 FEET;THENCE SOUTH 64 014'40"EAST A DISTANCE OF 6.21 FEET TO THE POINT OF BEGINNING OF THIS PARCEL DESCRIPTION, THENCE CONTINUING SOUTH 64°14'40"EAST A DISTANCE OF 32.32 FEET;THENCE SOUTH 37°02'58"WEST A DISTANCE OF 5.69 FEET;THENCE SOUTH 12 003'29"EAST A DISTANCE OF 176.67 FEET;THENCE SOUTH 74°33'58'WEST A DISTANCE OP 121.09 FEET,THENCE SOUTH 64°33'35"WEST A DISTANCE OF 95.91 FEET;THENCE NORTH 73°55'04"WEST A DISTANCE OF 34.71 FEET TO THE EASTERLY BOUNDARY OF A TRACT OF LAND CONVEYED TO THE CITY OF AUBURN UNDER RECORDING NO.9303080455;THENCE NORTH 16 039106"EAST ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 40.03 FEET;THENCE SOUTH 73°55'04"EAST A DISTANCE OF 27.92 FEET;THENCE NORTH 63 042'05"EAST A DISTANCE OF 131.93 FEET;THENCE NORTH 19.31'3T'EAST A DISTANCE OF 63.94 FEET;THENCE NORTH 08 023'02"WEST A DISTANCE OF 80.02 FEET;THENCE NORTH 16 019'42"EAST A DISTANCE OF 27.81 FEET TO THE POINT OF BEGINNING. LA CONTAINING 0.367 ACRES,MORE OR LESS L LATIDS tn�taesaryo5' Attachment'C' Goedecke North—Construction/Maintenance Easement Page 1 of 20060324000883_014 N e a n i U ' ' mm as zG `4• zy i I a. a •� n \V) g' . �z & J +*176.67r ° oss9rm� 9 so•02LC`�� 6, q :'+7 O \.,e 1 yo S1� oxN , r T AMMAN Return Address: City *f A.buT City Clerk " 111111111111111111111111111111�5WestMainStreet IIII° III ,�'Aubum,.WA 980014998 _. 20130710001173 FIRST AMERICAN D 76.00 PAGE-001 OF 005 07/10/2013 13:33 KING COUNTY, UA .12616885 07/10/2013 13:31 KING COUNTY, WA SALE $10 00 $0.00 PAGE-001 OF 001 Above this line reserved for recording information RIGI&O>H WAY DEDICATION DEEb Reference N(if applicable);' NIA,,,. Grantor/Borrower: City ofAuburn'sSanitary.Sewer.Utility Grantee/Assignee/Beneficiary: City,of'Auburn Legal Description/STR: A portion.gf the NE'/ of the SE Y.of Section 14,Township 21'Nortlt,Range ' 4 East W.M.,King County,Washington Assessor's Tax Parcel IDk: 142104.9050-05, 14210$-9051-04, 142104-9049-09, 142104-9048-00, 142104-9075-06 The Grantor,,City.of Auburn's Sanitary.Sewer Utility, for and in consideration of ten dollars, and other good and valuable consideration, in hand paid, dedicate and convey to the Grantee, City of Auburn a municipal.corporation ofthe:State of Washington, an easement for right of way, public street and public utility, purposes, to the same effect as if acquired by eminent domain under the laws of the State of Washington,the fallowing described real property: A Right-of-Way described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF:: Said property is burdened by a Welland Construction and Maintenance Easeement,, recorded under Recording Number 20050324000883, and included as EXHIBIT "C" attached hereto and by this reference made a part hereof. Right of Way Dedication Deed val�l�Wbw.UNLrVIN •+"""""' Page l of t FOR VALIDrl'YAf0 J&A1 MAS"21)BY 11TWAURM0 TL!'LB LtYtTIb1I1Ci t'XHdPItNY City of Auburn Peter 13.Lewis,Mayor Date: JUN Attest: Danlel.le E.Daskann,City Clerk Date: IIIN —'R 7171a V T S APPR E F BY.17717 n- Date, STATE OF WASHJ4GTQN County of King. 1,the undersigned,a4citairy Public,do hereby certify that on this day T:�',-r,&. 20—\'I, ,impersonally appeared before me PRTCR'B. LEWIS,to me known to be the individual described in and who executed the within instrun*nt,and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the City,for the purposes and;uses therein mentioned,and on oath stated that he was duly authorized to execute said document. In Witness Whereof have hercurno'.se my hand and affixed my official seal the day and year first above written. CA&f,6, -S�' Notary Public in and for1lic State oS Washington, zj# :6N,'%ON e.I'll 'Er 'Zz Residing at ';�—c s 01 Ayk. '* M. My commis LA ,lfo t '*(Jav� 90 .......... I i i EXHIBIT"A" RIGHT OF WAY LEGAL DESCRIPTION A portion of the Southeast Quarter of the Southeast Quarter and of the Northeast Quarter of the Southeast Quarter all in Section It;Township 21 North,Range 4 East of the Willamette Meridian,in King County,Washington, said portion described as follows: Commencing at the Southwest.corner Of Parcel"P"as shown on Record of Survey recorded under Recording Number 20090403900002, Records ofAing County,Washington; Thence N 160 34'03" E along the east margin of WestValley Highway a distance of 278.66 feet to the True Point of Beginning, Thence leaving said east margin of West valley Highway N211.29'46"E,.227.32 feet; Thence N 210 S3'56"E, 150.55 feet; , Thence N12055".06" E, 91.65 feet; Thence. N 38844'24" E, 163.99 feet; I Thence N 21 046'10" E, 74.40 feet; Thence N 050 34' 22"W, 15.49 feet; Thence N 55°41'56"W, 18.83 feet; Thence N.80002' 16"W, 41,45 feet; Thence N 180 17'06' E,32.76 feet; Thence N 180 17' 14" feet Thence N 160 57'49"E,65.02 feet; I Thence N 170 49'04" E,97.23 feet; Thence N 190 04'34" E,33.67 feet to the beginning'of a non-tangent carve to the right, having a radius of 76.34 feet from which point the center of said curve bears S 610 21"01".E; i Thence northeasterly along said curve through a central arigleof 46006!21"an arc distance of 61.43 feet to the beginning of a non-tangent curve to the right,having a,iadius ofr284.43'feet ftom which point the center of said curve bears 515°14'39"E; Thence easterly along said curve through a central angle of 11°52'050 an arc distance 4S8.92 feet;' Thence N 860 37'25" E,6.51 feet; ,. I Thence N 020 20'41"W,4.49 feet to the south margin of the 120 foot Right of Way of West Main Street and the beginning of a Non-tangent curve,concave to the north,having a radius of 2920.0 feet from which._point the center of said curve bears N 020 20'41"W; Thence westerly along said'curve and.along said south margin of West Main Street,through a central angle of 20 22'28",parc distance of 121.00 feet; Thence N.89°57'08"W,25.87 feet along saw southmargin of West Main Street to the east margin of West Vatley Highway,•' Thence S 120 53'25 W along said east margin of West Valley Highway,81.45 Feet to the beginning of a tangent curve to the right having a radius of 2;892.30feet; Thence southwesterly along said curve and along said.east margin of West Valley Highway,through a central angle of 8034'29" an arc distance of,432.95 feet; Thence S 160 34'03"W,along said east margin of West Valley Highway,563.39..feet to the Point of Beginning. This property description contains 48040 Square feet(1.103 acres},mote or less. Basis of bearings Is NAD 83/91,Washington North Zone,as defined in Record of Survey recorded In Volume 261 of Surveys at pages 98-104 under recording number 20090403900002;records of King County;Washington., 00�PF WAS u9J0 :A o: :y Z• 1 ��NAG LANaS 0:\SURVEY\PROIECrS\CP0936 West Valley Hwy\ROW&Survey Control\EahlbltAd= 4.17-2013 •• " CL WEST MAN Sr a rr R.O.w. L11 O L LID L12 t C2 NORTH \ N.T.S:...' OR SCHEMATIC ONLY `I u DESCRIBED AREA Ll 48,040 SQUARE FEET 1 103 ACRES M/L , N21'$6Y0"E 74.40' +' RADIAL BFAR4NG =; TABLE JO. LINE BEARING DISTANCE RL SST 21 7" 76.34', ROW WIESr N7 3 992`4"E S 15-14-39 284.43" RL3 NO2'2041 2920.0' VALLEY HWr CURVE] RADIAS I DELTA. : LNG Cl 76.34' 46'0621 61.43'.' W' C2 284.43'1 1 1'52 O5 .92' qA N1755'06'E C3 02'22 28 1121W' 91.65' C4 12892,301 08'34 29 432.85' LINE BEARING DISTANCE ,= LI N05'34'22 15.4 L2 N55'4156'W 8.83 1421"�3'S6'E L3 N80'02'16'W 41 Y50.55' ' L4 N18'17'O6'E 32.76' 1-5 N18-1714-F 6' „ l6 NI6'57'49' 65.02' L7 .N1T49 D4"E 97.23' LB N1 9'04 34'E 33.67' N23-29`46:E L 6.51' 227.32' LIOLN 02'20 41'W 4.49' / 11 •N89'57 08'W' 2 .87 UE POINT OF L12 S1753'25 m� BEGINNING 0 / Nth SOLTHWEST REFERENCE SURVEYS: •• CORNER OF Record of survey recording number = PARCEL ARCEL 'T" 20090403900002 "F' Mill Creek noodploin storage ond' 69'41'20' W Wetland Mitigation Ared 61.88' THIS DRAWING tSTO ACCOMPANY THE LEGAL DESCRIPTION FORTHE NEW RIGHT OF WAY DEDICATION AND DOES NOT REPRESENT A BOUNDARY SURVEY a J,. EXHIBIT "B° CITY OF AUBURN RIGHT OF WAY DEDICATION' PUBLIC WORKS DEPARTMENT Want Valley Hwy8Went Maln S[ wuHWC1+DH 25 WEST MAIN-AUBURN,WA Cltyaf AuhUm Project No.CPOSte a:vw.ary�oars�poe,.ww wr.mr�cebneui rtxu•w ws minor>oa Drawn By:B.L.M. Date:04-17-2013 AFMR RECORDING RETURN TO: KC Property Services Division KC Administration Building, Rm. 500 20050324000883 PACIFIC NY TIT FAS 32.00 ADM-ES-0500 a 61001 OF 01428 500.Fourth Avenue KING COUNTY, WA Seattle,WA98194 EXCISE TAX NOT REQUIRED D Klig 00.Records Division ®yl .' r , .. Deputy Above thisline resefveG Or recording information. GOEDUCKENORTH WtAAND CONSTRUCTION AND MAINTENAKCE EASEMENT Nil? (KC'—S.277`h Sixeel Phase III mitigation of w8tlancls) Reference#(if applicable): Grantor: City of Aubum%s Sanitary Sewer.Utility Grantee/ASsigneeBeneficiary: King County Legal Description/STR: NE 1/4 of the SE'A of Section 14 T21 R04 142104-9075, 142°104'9048, 142104'=9049,:and. Assessor's Tax Parcel]D#: 142104-9051 THIS CONSTRUCTION AND MAINTENANCE EASEMENT (sometimes referred to hereinafter as "Easement") is made and entered into this Z day of �6b r 2003, by and between the City of Auburn's Sanitary Sewer Utility, a municipal corporation ofKiagCounty, Washington, organized under Title 35A RCW, hereinafter referred;to as the "CITY", for.the benefit of King County, a political subdivision of-.the State.6f Washington,hereinafter referred to as "the COUNTY". WHEREAS, the CITY owns property that is partially encumbered by wetlands; and WHEREAS, the COUNTY is seeking to.mitigate the'disturbance of an existing wetland area along their South 277`h Street Reconstruction Project Phase III at property owned by the CITY; and WHEREAS, it is mutually agreed that preservation of quality wetlands is essential to maintaining an environment, which supports quality water resources,and the preservation of wildlife thereby creating a benefit of public health, safety, and welfare; and: WHEREAS, the preservation and enhancement of wetlands is in conformity with the SW CITY's Comprehensive Plan; and by a��st�as aommmodation only.ft has not liesn'' GoedeckeNorth—WeilandMaintenanceEasement examkWastoproper execution or _ Page I of 8 as to b affect uoon tills. WHEREAS, the CITY has received consideration from the COUNTY for granting this Easement,the consideration has a long-term benefit to the CITY and the CITY'S Subject Property.. NOW, THEREFORE, for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by the CITY, the CITY hereby grants and conveys to the COUNTY this Easement as follows- 1. AUTHOR1,TY TO BURDEN'SUBJECT PROPERTY. The CITY Js the owner in fee 5irnple of-Kin'County tax parcel numbers 142104-9075, 142104-9048,1,42104-9049;`and i42104-49051 hereinafter referred to as Subject Property, located in the City of Aubum; King'County, Washington. A portion of the Subject Property has been legally described in Attachment 'A' as Maintenance Easement, attached hereto and incorporated herein by reference.. This site is to be used by the COUNTY for wetland mitigation, per this Easement, and shall be hereinafter referred to as the Maintenance Easement. The CITY has full: power and authority to burden the Subject Property and consequently the area described as the Maintenance Easement in Attachment A,with this Easement. 2. PURPOSE'... The.CITY's purpose and intent in entering into this Easement is as-follows' (1) Satisfy the COUNTY's United States Corps of Engineers (permit # 2002-4- -00714) requirements associated with the COUNTY's; South' 277'" Street Reconstruction Project Phase III. (2)-Define the area that the COUNTY is seeking to use, develop, .maintain and mitigate as an enhanced wetland, known as the King County Mitigation Tract, legally.described in Attachment `B', attached hereto and incorporated herein by reference. (3) Establish a De4icationr6f Open Space and Wetland Conservation that will run with the land'id perpetuity, upon the Subject Property for the King County Mitigation Tract. (4) Provide the COUNTY with the ability, if required', to monitor and maintain the King County Mitigation Tract as:a functioning wetland for a period of thirteen years, with an option to maintain the'site longer if required by the United States Corps of Engineers. 3. RIGHT OF ENTRY/ACCESS. The CITY hereby provides the COUNTY with Right of Entry and :Access across the adjacent CITY property, described in Attachment `C', for the purpose of establishing and maintaining the mitigation site. The access location may be relocated of the CFTY's" discretion and the COUNTY will be notified when this occurs. Goedecke North—Wetland Maintenance Easement Page 2 of 8 By acceptance of this Easement the COUNTY agrees, to the extent predictable, to leave the Subject Property adjacent to the Maintenance Easement, in as good condition as existed on the day the construction commenced. This shall include the timely removal of any and all debris, rubbish or combustible materials resulting from construction activities. The CITY agrees.•that this Right of Entry shall continue in full force and effect from the date that the COUNTY gives.adequate notice to the CITY for the commencement of Construction until the COUN'9 Y's permit has been satisfied with the United States Army Corps of Engineers and:other•p@rmit, agencies and the site has been restored to the existing conditions. 4. EASEMENT'S. The CITY hereby agrees to record,a.permanent non-exclusive Wetland Conservation Dedication set forth'herein across, under, over .and upon the:King County Mitigation Tract, and the CITY covenants that this Wetland Conservation Dedication shall burden the Subject Property and be a benefit.to the public. This Easement granted and conveyed fierein,.grant's :to the COUNTY, for a period of thirteen (13) years from the effective date of this Easement, the righftb use the Mitigation Tract, legally described in Attachment `B', as•'a wetland mitigatiop• site to satisfy the requirements of the United States Army Corp of Engineers in connection with the South 277th Street Reconstruction Project Phase III including, but not iimiied to, establishing, monitoring, .maintaining, preserving, and enhancing the wetland mitigation Site and wetland functions such as recharge, conveyance or storage of'storm water. At the COUNTY'S request, the maintenance period shall be extended_-,y an amendment to this Easement, if such extension is necessary to satisfy the requirements of the Corps of Engineerg. 5. HEM SUCCESSORS,AND ASSIGNS. The covenants,terms,.conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of;the parties hereto and their respective personal representatives, heirs, successors, and assigns, 2nd shall continue as a servitude and easement running in perpetuity with the Subject Property. " 6. COUNTY USE DURING MAINTENANCE PERIOD. The COUNTY shall design the..Wetland mitigation site to.meet with the approval of the Corps of Engineers. The CITY shall review and approve of the wetland mitigation plans once the Corps of Engineers have approved the plans and prior 46 construction of any enhancement to the Mitigation Tract. During the maintenance period, the COUNTY may enter upon. the Maintenance Easement at all times and for all purposes related to the implementation of the mitigation requirements identified in the United States Army Corpsof Engineers permit, By acceptance of this Maintenance Easement the COUNTY agrees to maintain the Maintenance Easement as may be required by COUNTY and/or state agencies and-as. approved by the CITY; and the COUNTY shall not otherwise unreasonably interfere with. Goedecke North—Wetland Maintenance Easement Page 3 of 8 the ownership, possession, or use of the Maintenance Easement when entering to perform the permitted functions described herein. 7. PROHIBITED USES OF WETLAND PROPERTY. For the duration of the Maintenance Period,the CITY agrees as follows: (1) The Mitigation Tract shall be protected as open space/wetland, and no other use shall bepemitted thereon; (2) The CITY shall not in any way impair or interfere with the function and use of the Mitigation Tract; (3) The WY-shall take reasonable and necessary steps to prohibit construction of any stniptures or artificial surfaces or 'alteration of any vegetation within the Mitigation Tract, unless 4ppropriate tnitlgation approved by the U.S. Army Corps of Engineers for such disturbance is undertaken; (4) The CITY shall not undertake,'nor cause or permit to be undertaken, any activity or use of the King County Mitigation Tract which is=,inconsistent with the purpose, scope, or intent of this Easement, or inconsistent with wetland functions such as: recharge, conveyance, or storage of stormwater; mitigation measures required; and vegetative restoration,enhancement and protection. This covenant exists for the benefit of, and may be enforced .8 noted herein by, the COUNTY. 8. RESERVED RIGHTS. The CITY reserves to itself all rights, title, interest, and pbligatiotis incident to ownership of the Subject Property and King County Mitigation Tract except as otherwise provided in this Easement. 9. ,ENFQRCEMENT. In the event, CITY'determines that the COUNTY is in violation of the terms of this Easement,the CITY may, at its,option, give the COUNTY written notice thereof, and the COUNtY shall have sixty(60) days from receipt of said notice to cure the violation. If a lawsuit is initiated to enforce the terms of this Easement, the prevailing party in such lawsuit shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending:against su&lawsuit, in addition to any other remedy or relief obtained. The CITY, at its option, may take action to preserve and protect the Wetland Property or its wetland function, aftet'first giding.the' COUNTY the foregoing written notice and opportunity to cure;an'd, in such case, the reasonable expenses incurred by the CITY to preserve and protect the 'Wetland Site shall-also be'recoverable from the COUNTY if the COUNTY is found to be in,violation of this Easement. In the event the COUNTY determines that the CITY is in violation of the'terms of this Easement, the COUNTY may, at its option, give the CITY written notice thereof,and the CITY shall have sixty (60) days from receipt of said notice to'cure the violation. 'tf a lawsuit is initiated to enforce the terms of this Easement; the prevailing party in such, lawsuit shall be entitled to recover reasonable attorney's fees and costs 'incurred in prosecuting or defending against such lawsuit, in addition to any other remedy or relief obtained. The COUNTY, at its option, may take action to preserve. and°protect the Goedecke North—Wetland Maintenance Easement _ Page 4 of 8 Wetland Property or its wetland function, after first giving the CITY the foregoing Written notice and opportunity to cure, and, in such case, the reasonable expenses incurred by the COUNTY to preserve and protect the Wetland Site shall also be recoverable from the CITY if the CITY is found to be in violation of this Easement. 10; NON-WAIVER OF BREACH. No omission or failure by the COUNTY to exercise or enforce any of its rights under this Easement or to rNuire'the CITY to cure any breach hereof, nor any forbearance granted by the COUNTY, 'shall be deemed or construed as a waiver by the COUNTY of such rights or a discharge of liability,for.any breach by the CITY of the terms hereof. Nor shalt any delay by the COUNTYin'the exercise or enforcement of its rights and remedies limit or impair such:right'or remedy,or he construed as a waiver of the COUNTY'S right to pursue its remedies.. 11. COSTS AND LIABILITIES. Except as otherwise provided in this Easement, the CITY retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Wetland Site. The CITY shall pay all.assessments.and tat.ation (if any) against said Wetland Site assessed by any govefnmental authority as tbe'y become due. 12. HOLD HARNII.ESS AND INDEMNIFICATION, Washington State law shall govern the respective liability between the parties to this Easement.for any loss due to property damage or injury to persons arising out of the activitiesconducted pursuant to this Easement. TO the;8xtertt allowed by law, the COUNTY shall defend, indemnify and hold harmless the CITY,its elected-officials, employees and agents from and against any and all suits, claimg, actions, losses, Costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with.or incident to any act or omission of the COUNTY, its employees, agents, and contractors in the exercise of the rights•granted'and conveyed to the COUNTY by this Easement. This indemnification obligation shall include, but is not limited to, all claims against the CITY by an employee or former employee of the COUNTY or its contractors and, as to such claims, the COUNTY' expressly waives, as respects the CITY only, all immunity and limitation of liability under Title .31 RCW. To the extent allowed by law, the;CITY shall defend,_'rndemnify and hold harmless the COUNTY, its elected officials;ernployc6 and'agents frorn'and against any and all suits, claims, actions, losses, costs, expenses of"litigation, -attorney's fees, penalties, and damages of whatsoever kind or nature aridng out,of, in connection with or incident to any act or omission of the CTfY, its employees; agents.'-'and contractors in the performance of the CITY'S obligations under this Easement. This indemnification obligation shall include, but is not limited to, all:Clainls against the'COUNTY by an employee or former employee of the CITY or its contractors and, as to sueh claims, the CITY expressly waives, as respects the COUNTY only, all immmity and limitation of, " liability under Title 51 RCW. Goedecke North-Wetland Maintenance Easement Page 5 of 8 13. RECORDATION. The CITY agrees to incorporate the terms of this Maintenance Easement in any deed, lease or other Easement, which divests the CITY of any interest in any portion of the Subject Property. The COUNTY shall record this Easement against the Subject Property, immediately upon execution by both parties, in the Office of the King County Department of.R&ords and Elections. 14. CONST.RUCTiM, This Easement'shall be liberally construed to effect the purpose and intent hereof. 15. SEVERABILITY. If any provision of this Easement is rui6d invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and effect if such remainder would continue to serve the purpose and intent of the parties in entering into this Easement. 16. ENTIRE EASEMENT.' This Easement contains the entire. Easement of the parties concerning the matters contained herein and any representations or understandings, whether oral or written, not incorporated herein are excluded. 17. NO THIRD-PARTY RIGHTS. Nothing contained herein is intended to, nor shall be cowtued to,'create any rights in any person or entity not a signatory to this Easement, or to form the basis for arty liability on the part of the CITY, the COUNTY, or their officials,_employees, agents or tepresentatives,to anyperson or entity not a signatory to this Easement. " IN WITNESS WHEREOF,;the CITY has executed this easement, effective as of the date ftYat written above. GRANTOR: GRANTEE: CITY OF AUBURN, • ICING COUNTY n Dennis Selle,City Engineer 'Linda Dougherty, �pltlll//ry °Road Services Division Directo`p ,... J?/z2�0� 3645 Date Res# r 3 r �M18LIG Attest �i�F''•...!:.• "0�� Danielle Daskam, City Clerk Goedecke North—Wetland Maintenance Easement Page 6 of 8 Approved ,to fooft Approved as to form: i Danz . He eputy Prosecuting Attorney STATE OF WASHINGTON.j., : ss COUNTY'OF KING ) On this day before me, a Notary Publitia and for the State of Washington, duly commissioned and sworn;personally appeared Dennis Selle,tome known to be the City Engineer of the CITY OF AUBURN, the city that is described=in and executed the foregoing instrument, and acknowledged the.said:instrumentto be the free and voluntary act of said city, for the uses and purposes therein menti.oned, and on oath said person stated that said person was authorized.to execute the said instrumeRh- Given Oder.my hand and official seal this of October 2Q43. J P��Y�s tb/cy9 Not NOTARY PUB in and for the State of Washington Printed Name: RUC y: it l X A�XM - tlto ... ` Residing at: fit`\h'4SMt � II t ���������� •My comm /I commission expires: � 1� 1 0 1 Gcedecke North—Wetland Maintenance Easement Page 7 of 8 STATE OF WASHINGTON ) : ss COUNTY OF KING ) On this day before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Linda Dougherty, to me known to be the Director of the Road Services Department of KING COUNTY, the county that is described in and'A'zecuted the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said county, for the uses and purposes therein mentioned,and'on,oaih said person stated that said person was authorized to execute the said instrument. Given under my hand'and official'seal this '~day of��, 2003. NOTARY PUBLIC'in and for the State of Washington 01A)?), —t Printed Name: I C ran ' K C Cr,PQ Q ' 6� �•�:-V— Residing g at it -A i`jr.� OP AS ?`` •�--�^ . My commission expifes: Goedecke North—Wetland Maintenance Easement - Page 8 of 8 Attachment `A' Legal Description for Maintenance Easement THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M.,DESCRIBED AS FOLLOWS: COMMENCING AT, .THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89°55'39"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 956.68 FEET TO THE INTERSECTION WITH THE CENTERLINE OF WEST MAIN STREET AT HIGHWAY STATION 0+72;96 P.C.,XCCORDING TO THE HIGHWAY PLANS FOR STATE ROUTE 167 APPROVED OCTOBER 230 960 AND RECORDED WITH THE KING COUNTY RECORDER'S OFFICE'U14DER REGQRDINQNUMBER 7311280308;THENCE CONTINUING NORTH 89 055'39"WEST;ALONGSAID CENTERLINE OF WEST MAIN STREET A DISTANCE OF 12.47 FEET TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY,STATE ROUTE NO 181,ACCORDING TO THE SURVEY FILED UNDER RECORDER'S NUMBER 8101279002; ID,THENCE SOUTH 12°54'54"WEST ALONG SA EAST RIGHT-OF-WAY LINE OF STATE ROUTE NO. 181;-A DISTANCE OF 61.54 FEET TO THE INTERSECTION WITH T'14E SOUTH RIGHT-OF-WAY LINE OF REALIGNED WEST MAIN STREET AND THE POINT OF BE,GINNIIVG OF THIS PARCEL.DESCRIPTION;THENCE SOUTH 89 055'39"EAST ALONG SAID SOUTH RI GHT-OF=WAY LINE;I3EING ALINE PARALLEL FL WITH AND LYING 60 FEET RIGHT OF SAID REALIGNED WEST MAIN STREET,A DISTANCE OF 26.15 FEET TO THE BEGINNING OF A'CURVE TO THE LEFT HAVING A'RADIUS OF 2920.00 FEET;THENCE EASTERLY ALONG SAID CURV$TO THE LEFT THROUGH A CENTRAL ANGLE OF 06°33'06",AN ARC DISTANCE OF 333.90-FEET TO A P01NT 60 FEET RIGHT OF HIGHWAY STATION 4+00,REALIGNED WEST MAIN STREET;:TI-NCE SOUTH ' . 40034'23"EAST A DISTANCE OF 84.03 FEET TO A POINT 130 FEETAIGHT OF HIGHWAY STATION 4+40,REALIGNED WEST MAIN STREET;THENCE SOUTH 49°52'56"'WEST A DISTANCE OF 9.95 FEET;THENCE NORTH 40 036'25"WEST A DISTANCE OF.37.41 FEET; THENCE SOUTH 31°09'49"WEST A DISTANCE OF 77.64 FEET;THENCE SOUTH:02°26'35" WEST A DISTANCE OF 213.37 FEET;THENCE SOUTH 24°39'14"WEST A DISTANCE OF 107.86 FEET TO A POINT ON THE NORTH LINE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT, AS RECORDED'UNDER KING COUNTY RECORDING NUMBER 81091 00300;THENCE NORTH 85°40'28"WEST ALONG SAID EASEMENT A DISTANCE OF 74.49 FEET;THENCE SOUTH 04 619032"WEST ADISTANCE.OF 50.98 FEET,THENCE SOUTH 88 041'26"WEST A DISTANCE OF 148.69 FEET;THENCE NORTH 64°14'40"WEST A DISTANCE OF 99.75 FEET;THENCE NORTH 14°29'40"WEST A DISTANCE OF 30.55 FEET TO THE NORTH LINE OF THE HEREINBEFORE MENTIONED SANITARY SEWER EASEMENT;THENCE NORTH 85°40'56" WEST ALONG SAM EASEMENT A DIStA1`NCE OF 65.25 FEET TO THE EAST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY,BEING A POINT ON A CURVE TO THE LEFT,THE CENTER POINT OF WHICH BEARS NORTH.71°04'01"[]VEST A DISTANCE OF 2895.00 FEET, THENCE NORTHERLY ALONG,SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 06 001'05"AN ARC DISTANCE OF 304.08 FEET;THENCE'CONTINUING NORTH 12 054'54" EAST ALONG SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF:81-.47 FEET TO TEE POINT OF BEGINNING. S'E F419E�/6 2003 CONTAINING 3.803 ACRES,MORE OR LESS 4 24288 9 Attachment'A' eo�STea':•' J Goedecke North—Construction/Maintenance Easement �pA LANDS Page 1 of 2 e�tRES=06' S&MUST 1/4, SECTKIN 14, TO WSHIP 21 NORTH, RANGE 4 EASA.W.N.. 1 li'+ WEST . MAIN STREET lzaT . h ) _ .M .-. . CENTERLINE I$ 1 �� 325.V 5T• NORTH LINE-SOUT}iEAST 1/4 14 13 N89'S5'39'W '/y N8955'39,W o p SEcMN 14 956.68' 3 '�+p 26.15' R=2920.00 S *55 39.1 L-333.90 �? `�• I 1L N 7� f 49'52'56':W 9.95' .�•�''1�AGj.l Q : Fi - N 40'36'25' W'37;41' 2 O c MAINTENANCE EASEMENT 3 24M Co eo. �`� o AREA 3.803 ACRES LLANOS� a° rn: GRAPHIC SCALE wlRes sv03 ^� ,N 100 O 50 100 200 s A4BE Zoo9 � ' IN FEEL' �b4 o \�• '�R _`0'30• N85-40'56'W `• - - �`O 65.25' S. 277TH STREET—WEST LEG, PH. 2 N85'40'28'W o GOEDECKE NORTH PROPERTY EXIST. 20' SE1rR EASEMEhIT 74.49' Gjnp^ KING OOUN Y PROPER tt SERNOE N —�- RE . NO. 8109100300 JIL VM ewRCe 2 03 N 1429'40" 98 js4g0� N$19'32*W- MAINTENANCE EASEMENT EL—GUNDY 30.55 W 588'41'26'W 1,48.69` 04'19'32' W 50.98 RO SERVICES , SOU ans- A: MAPPING 1 a 1 -Attachment 'A' ._ Goedecke North-Construction/Maintenance Easement 'Page 2 of 2 Attachment 113' Legal Description for King County Mitigation Tract GOEDECKE.NORTH LEGAL DESCRIPTION (South277a'Street,West Leg Phase 2 Mitigation Tract) That portion of the'Southeast Quarter of Section 14, Township 21 North, Range 4 East,W.M., described as follows: Commencing at the Northeast corner46f said,Southeast Quarter; thence North 89 055'39" West along the north line of said'South6ast Quarter fora distance of 956.68 feet to the intersection with the Centerline.of West Main Street at Station 0+72.96 P.C., according to the highway plans for State Route 167 approved October 23,'1969,and recorded with the King County Recorder's Office under recording number 73112$0308; thence-continuing North 89°55'39" West along said Centerline of West Main Street a distance of 12.47 feet to`the'intersection with the East Right-of-Way line of West Valley Highway, State 13,66U,-No. 181, according to the survey filed under recorder's number 8101279002;,ihence South 12°54'54" West along said East Right-of- Way line of State Route No. 181 for a distance of 139.57 feet;thence South.77°05'06"East for a distance of 147.11 feet to the True Point of Beginning;,,thence North 00°00'00" East for a distance of 34.34 feet; thence North 23°24'02"}East for a distance of'78.06 feet; thence North 87°00'09"East for a distance of 187.71 feet; thence:South 40°31'23"East'For adistance of 31.09 feet; thence North 83°41'25"East for a distance of 22.98 feet; thence South 31°09'51"West for a distance of 88.18 feet; thence South 02 026'35"West for a distance of 213.37 feet; thence South 24 039'14", West for a distance of 107.86 feet to a point on the.north line of a 20 foot wide sanitary sewer easement, as recorded under King County Recording Number 8109100300; thence North S5 040'28" West along said easement line for a distance of 5.34 feet; thence North 66o27'58" West foi a distance of 88.13 feet; thence South 76 115'31" West for a distance of 93.49 feet returning to'the north line of the hereinbefore described sanitary sewer easement; thence Nottfi 85°40'28" West along said easement line for a distance of 36.15 feet; thence North 61 007'08" West for a lolikance of 69,40 feet; thence North 57°44'49" West for a distance of 35.23 feet; thence North 05°25'14"East for a distance of 41.14 feet; thence North 37 003'32" East for a distance of 22&80 feet to the True Point of Beginning. •�t���,U, Containing 103,605 square feet,or 2.378 acres 9rpg�03 '4AC,s3t>Rr+��� 11 �OR,��N9S axwae+tvr�oS: Attachment 'B' Goedecke Nonh—Construction/Maintenance Easement Page 1 of 2 p SOUTHEAST 1/4. SECTION 14, TON'N9tp 21 NORTH, RANGE 4 EAST. W.W .. �m t 10 i WEST M AIN STREET g $�. 12.47 105 -0 N89 CEµTERLINE j� 1 ($. 32 N89 55'39"W 8TH NORTH UNE SOUTHEAST 1/4 14113 3/ Sa"39"W 4 I I SECTION 14 958.68' > /� A s� = = ")' O°p>ry N87'00'09'E 187.71, I 04 .540'31`23-E 31.09 Rr S ?ry N NOU'00'000E 34-34 Cr , 30'30' b VQ CZ:,V q°° / s /l ��i J� ^ry �2 a KING COUNTY A MITIGATION TRACT N .0 �e22" / o� 2.378 ACRES �. A N0575'14"E 41.14 P q N5744'49"W 35.23 � 61'07'08'W 69.40 30 85*40'28"W 36.15 GRAPHIC SCALE 44 93,A9, N ^co 100 0 50 100 200 '1531 EXIST 20' SEWER EASET: REC.,NO: 81091pp300 b1. 12 ( n1 pear G+. N85'40 28"W N85 40'28"W 534 . S. 277TH SIREET—WEST LEG, PH. 2 i GOEDECKE NORTH MMGAnON TRACT m J ACOBS � �OHAi.Y:ANOS booeo� +vmaw""o. mmResvribS: REMSEU 09/08/03 t 100' wrW 10+eex t�tnatzot 1' . ti t'w� 1 e 1 Attachment '11' Goedecke North-Construction/Maintenance Easement Page 2 of 2 Attachment `C' Legal Description for Right of Entry and Access LEGAL DESCRIPTION (§.277THST.`Wes1.J g Ph.2-ACCESS ROAD EASEMENT) THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 21 NORTH, RANGE 4. EAST,W.M:,DESCRIBED AS FOLLQWS> COMMENCING AT THE NORTHEAST CORNERAF SAID SOUTHEAST QUARTER; THENCE NORTH 89°5$'39"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 956.68 FEET TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY,STATE ROUTE NO181,ACCORDING TO THE,SURVEY FILED UNDER RECORDER'S NUMBER 8101279002;THENCE SOU'T'H'In4'54"WEST ALONG SAID EAST RIGHT-OF-WAY LINE OF STATE'ROUTE NOA 81,A DISTANCE OF 143.01 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A'RADIUS OF 2895.00 FEET;THENCE SOUTHERLY ALONG SAID CURVE TO THE'RIGHT THROLJGH'A CENTRAL ANGLE OF 06°01'05",AN ARC DISTANCE OF 304.08 FEET TO THE INTERSECTION WITH THE NORTH LINE OF A 20�FOOT WIDE SANITARY SEWER EASEMENT,AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8109100300;THENCE SOUTH 85-465V EAST.ALONG,SAID NORTH EASEMENT LINE A DISTANCE OF 65.25 FEET;THENCE SOUTH 14°29'40"EAST A DISTANCE OF.30.55 FEET;THENCE SOUTH 64-14'40-EAST A DISTANCE OF 6.21 FEET TO THE POINT OF BEGINNING OF THIS PARCEL DESCRIPTION;.. THENCE CONTINUING SOUTH 64 014'40"EAST A DISTANCE OF 32.32 FEET' SOUTH 37°02758"WEST A DISTANCE OF 5.69 FEET,THENCE SOUTH 12 003.'29°EAST A DISTANCE OF 176.67 FEET;THENCE SOUTH 74°33'58'WEST A DISTANCE OF 121.09„FEET;THENCE SOUTH 64°33'35"WEST A DISTANCE OF 95.91 FEET;THENCE NORTH 73 055'04"WEST.A DISTANCE OF 34.71 FEET TO THE EASTERLY BOUNDARY OF A TRACT OF LAND CONVEYED TO THE CITY OF AUBURN UNDER RECORDING NO.9303080455;THENCE NORTH 16 039'06"EAST ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 40.03 FEET;THENCE SOUTH 73 055'04"EAST A DISTANCE OF 27.92 FEET;THENCE NORTH 63 142'05"EAST A DISTANCE OF 131.93 FEET;THENCE NORTH 19°31'37"EAST A DISTANCE OF 63.94 FEET;THENCE NORTH 08 023'02"WEST A.DISTANCE OF.".02 FWr;THENCE NORTH 16 019'42"EAST A DISTANCE OF 27.81 FEET TO THE POINT OF BEGINNING. _p LA CONTAINING 0.367 ACRES,MORE OR LESS : 0 e>�>n14S Attachment 'C' Goedecke North-Construction/Maintenance Easement Page I of 2 SGUiHEAST 1/1, SECIlON-14,,rovmsar 21 NORTH. RARGE 4 EAST. W.M. - WEST MAIN 'STREET NORTH LINE SOUTHEAST 1/4 1q 3 N89'55'39'W SECTION 14 13 o 969.15' N goy LINE TABLE .-LINE BEARING 4 m ,MAINTENANCE EASEMENT t2 . "-.. 56414 3D' -,MAINTENANCE p JO• �.� AREA 3.803 ACRES U Y 5647410 y 33504 65.'25' S6�E N16'3906 y - E70S'r. 20' - '- 5755504 v : MENT REG� NO. 8f091(XljOp L7 _ 27.81 N 6 N88'41'28- H85140128 W es^ $ $ 148.69' ca- h W 6 3t 3j N/N GRAPHIC SCALE .94' ��. f W, 100 O 50 100 200 tti m IN rear ) S. 277TH STREET—WEST LEG, PH. 2 58 9 g� 12�p9 ACCESS .e?'o�!? atw��urtEr vnaaNut TM PROPERTY l4' ROAD EASEMENT s .MI do' °k+cu,N wws "'I'M TO' CITY'OF AUBURN 0.367 AC. wV M *w a REC. NO. 9303080455 ACCESS ROAD EASEMENT EL-GUMMY ROD SERVICES> DIVISION, SURVEY sPinGi 1 s t Attachment'C' Goedeckt North—Construction/Maintenance Easement Page 2 of 2 -