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Home My WebLink About20080808001041 EASEMENT 07212008 , , . , �� v� ,� _� .- , �s `r3� � /�-Il -- -- Recording Requested By And When Recorded Mail To: City Clerkf Auburn ; 2��1�41 25 West Main Street PacEeei oF e0� EAs e.ee Auburn, WA 9HOO1 KINGBCOUNTY14WA8 _ . _ _ _ EASEMENT Grantor: The City of Auburn, a municipal corporation of the State of Washington Grantee: The King County Flood Control Zone District; a quasi municipal corporation Legal Description(abbreviated): Ptn. SW1%4; 29-21-5 Additional legal descripfion oii pages 6 and 7,hereinafter called Exhibits A anci B. Assessor's Tax Parcel ID#: N/A Project: Stuck River Drive Revetment � THIS AGREEMENT made this ��day of_._ - 2008, by and between The City of Auburn, a municipal corporation of the State f W hington, hereinafter called the Grantor, and The King County Flood Control Zone Dist ct, a quasi municipal corporation, hereinafter collectively,called the "Grantee": Grantor, in consideration of mutual benefits and other valuable consideration,the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee, their suecessors and assigns, agents and licensees easements (the "Easements") for the parposes set forth herein, under,over and upon those limited portions of the Prop:erty described in Exhibit A which are more particularly described in Exhibit B and depicted for illustrafive purposes on Exhibit C, attached hereto, and by this reference made a part hereof, situated in King County, Washington; 1. Flood Protection Easement. A perpetual and assignable right ----- - and easement in fayor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate�patrol and replace a flood protection ' revetment, including all appurtenances thereto; reserving, however,to�the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject; however, to existing easements for public roads and highways,public utilities, railroads, and pipelines: , A map showing the location of said easement is attached as Eachibit C, Page 1 of 7 Grantor shall have the right to place locked bollards across the Flood Protection Easement, so long as the Grantee is provided a key or combination to access the Easement. Grantee shall give notice to the Grantor prior to any use of the Easement for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee,their employees and contractors, far the limited purposes described in this Easement. - If in the use of the easements granted above,the Grantee shall damage other property of the Grantor or shall cause damage to the easement area,the Grantee sh.all repair,replace and restore, at the Grantee's sole expense, said damage. The Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less tha:n One Million Dollars per occurance, and provide Grantor with a certificate of'insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds 'in tlie event the Grantee should choose not to self-insure. The Grantee may self-insure its obligations hereunder. Other than in the event of Grantor's gross negligence,the Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from the Grantee's use of the Easement. The rights, conditions, covenants and provisions contained in this Easement shall inure to the benef t of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. WITNESSETH, the said Grantor have hereunto signed their narne the day and year first above written. GRANTOR: The Ci a unr ' al corporation of the State of Washington � BY .: � Name: e ef � ec,✓�S Title: /`1av�r _ _ �. GRANTEE: Kin ounty lood Control Zone,a quasi municipal corporation BYc Acting pursuant to Resolution No. FCZD2008-01.2 of saidGrantee Narrie:� Qiv�S Title: �' of Kin Coun Page 2 of 7 � I, S'I'ATE OF WASHINGTON ) ) ss. COUNTY OF KING) On this o?.��day of ;�J , 2008, before me;the undersigned, a Notary Publ' in and for t e te of Wa, ington, duly commissioned and sworn,personally appeared `c�� . ��J--� , to me known to be the person who signed as ��- �� of The City of Auburn, a municipal corporation of the State of Vdashington that cuted the within and foregoing instrument� and acknowledged said instrument to be the free and voluntary aet and deed of said City of Auburn, a municipal corporation of the State of Washington for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualif ed and acting as said off cer of the corporation, and that he/she was authorized to execute said instrument and that the seal affixed, if any, is the eorporate seal of saici corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ``\\\\\��q�o»o 0 o s , �,�,. C. �v +i� � � ,, .,,,..��E,,, �� _�.�"�'�`��p�<<�`'�'�'�✓ �� =�,� �Aat�- �F�''.,� � 02.C,� :w:�z .. : � Print ame: _ ' _�_�,'E �e. G�ii� _ �N;p ' " ti� =o% Notary Publi and for the State of Washington, ; '��, ��'e.,'` `ca,: residing at �'-�— �� s��`'�� '��' Mycommissionexpi 03•v9- tl i��+'��,�`\��g�`� Page 3 of 7 STATE OF WASHINGTON) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that �C�DIo �u�/I S is the person who appeared before me, and said person acknowledged that he signed this — instrument, on oath stated that_he is authorized to execute the instnzment and acknowledged it as the � ��1 �j�e(�'Or of King County, acting on behalf o the ing County Flood Control Zone District pursuant to Resolution FCZD2008- 01.2 of said District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. _ _ _ _ _ _ Datecl: �L9kSr �� $ . � � �r�YIQ/��l – - '��NE•R:�Z9 . _ ' _ _ 1 ��° '��,2 �ir�5�i�e Z�a�'lQSS� . �9N Printed name � ��_� �� Notary Public in and for the o State of Washin on t�t ° � Residing at Y a� M�llS . My appointment expires q'�`�!09 Page 4 of 7 . ' � ' ' ' EXHIBIT A UNDERLYING PROPERTY PARCEL(S) � LEGAL DESCRIPTION Stuck River Road from Kersey Way to Approximately 500' East � That portion of the Southwest quarter of Section 29, Township 21 North, Range 5 East, W.M. situated in the City of Auburn, County of King, State of Wa.shington, described as follows: Beginning at the Southwest corner of said Section 29,thence North 01-06-18 East along the West boundary of said Section 29, a distance of 728.86 feet to the TRUE POINT OF BEGINNINCr; thence North 79-47-31 East, 41.58 feet to a point on a nontangent curve having a radius of 35.00 feet and a central angle of87-07-31;to which the center of the arc of said ciuve bears North 79-47-31 East, 35.00 feet, thence Northeasterly along said curve a distance of 53.22 feet to the point of tangency; thence North 76-55-02 East, 1 78 feet to the Westerly end of an existing chain-link fence; thence continuing Northeasterly along said chain-link fence the following eight courses;North 76-55-02 East, 61.85 feet;North 74-23-4q East, 61.16; North 69-48-49 East, 70.34 feet;Norfh 64-35-48 East, 72.21 feet;North 61-32-02 East, 71.97 feet;North 59-45-55 East, 72.39 feet,North 59-56-21 East, 41.55 feet;North 65- 32-52 East,34.47 feet; thence leaving said chain-link fence, North 14-08-28 West to the Southerly margin of the White River, thence Westerly along said Southerly margin of the White River to said West boundary of Section 29, thence South 01-05-18 West to THE TRUE POINT OF BEGINNING. _ Less existing right of way for"R" Street SE and Kersey Way and less the 60.00 foot wide right of way for Stuck River Drive as described in quit claim deed recorded under King County Auditor's File Number 5853042 in Volume 4633, page 438 Records of King County, Washington. Page 5 of 7 EXHIBIT B FLOOD PROTECTION EASEMENT LEGAL DESCRIPTION That portion of the Southwest quarter of Section 29, Township 21 North,Range 5 East, W.M. situated in the City of Auburn, County of King, State of Washington; described as follows; Beginning at the Southwest corner of said Section 29,thence North 01-06-18 East alang the West boundary of said Section 29, a distance of 929.57 feet to the TRUE POINT OF BEGINNING;thence East, 176.70 ft; thence South, 40.00 feet; thence North 71-22-50 East, 342.52 feet; thence North 14-08-28 West,to the Ordinary High Water Mark of the White River,thence Westerly along said Ordinary High Water Mark of the White River to said West boundary of Section 29,thence South 01-06-18 West to THE T'RUE POINT OF BEGINNING. Less existing right of way for Stuck River Drive as described in quit claim deed recorded under King County Auditor's File Number 5853042 in Volurrie 4633, page 438 Records of King County, Washington. Page 6 of 7 . , , �, '• . ' " EXHIBIT C EASEMENT LOCATION DIAGRAM , , . , v ; � , � k - ; , , �� IARD PARK . �._� ' ,: . / ..: I I. ,. `rr �. ... ' . . .. 110,'�� \ . ..." i �:. i'�, ... - :�: 4� �:i., ' ' y i. �,..� .�. . , , " ' '. (`,, tsk �� _ . _. ;' . , ,.. - *- ;li� t : : _ �<,' ..; - . -, � ...: :. ,,I:. ,,.r..._-_ . ._..__ �� i �il � � . : �.:: ... __. � .. ......_. . . �,y,,,,, .._..._...._ . _. . ._: ' .` ._�— ...._. — � �, 4 \ : = r' .�� .. � � .. .._- �,.. .. , i .---- --'" j ' ` � � PROPOSED '�I •, � � wN�TE RiVER PERMANENT � FLOOD PROTECTION , tid ''�� EASEMENT q�� v�'`7;�'. . � �. � •. , n , I . o �� a;�y��1 � i � _ ,,,� , 1+ ,, - � , ,: ... _ _ ,. _� '` . - �3 :. :.-�' " ,�i_.=... T, _. .,- -< - ---�_'_-- e ' , < _ :_., A � ....�::`�;N� 1'j ' � . - ... , _ .:.. �i ' ;•� ,. , ti . ll , _ ... £� /� 4 ,,at: ,.,z. . � ,. �. . .. 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