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HomeMy WebLinkAboutTemporary Construction Easement with King County KING COUNTY REAL ESTATE SERVICES King County Administration Building, Rm. 830 500 Fourth Avenue Seattle, WA 98104 Grantor: CITY OF AUBURN, A MUNICIPAL CORPORATION Grantee: KING COUNTY Legal Desc: NEW PARCEL A OF AUBURN BDRY LN ELIMINATION #BLA10-0004 REC# 20100727001316 SD PCL BEING LOCATED IN POR OF NW 1/4 OF NW 1/4 OF SEC 5-21-5 & OF W 1/2 OF SW 1/4 OF SEC 32-22-5 ALL LY ELY OF GREEN RIVER Tax Acct: 322205-9032 TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT made this "l day of1t , 2019 and between, CITY OF AUBURN, a Municipal Corporation, hereinafter called the Grantor, and KING COUNTY, a political subdivision of the State of Washington, hereinafter called the Grantee. The Property: The Grantor herein is/are the owners of that certain parcel of land described as follows: NEW PARCEL A OF AUBURN BOUNDARY LINE ELIMINATION#BLA 10-0004 RECORDED UNDER KING COUNTY RECORDING NUMBER 20100727001316 BEING A PORTION OF THE WEST HALF OF THE SW 1/4 OF SECTION 32, TOWNSHIP 22 N, RANGE 5 E, W.M. AND GOVERNMETN LOT 4 IN THE NW '/4 OF SECTION 5, TOWNSHIP 21 N, RANGE 5 E, W.M., CITY OF AUBURN, KING COUNTY WASHINGTON. Tax Parcel Number: 322205-9032 The said Grantor, for and in consideration of good and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, and to the same extent and purposes as if this property is being acquired under the threat of Eminent Domain Statutes of the State of Washington, does by these presents grant and convey to the Grantee, its successors and assigns, by this agreement, a temporary construction easement across, under, over, and upon the following property hereinafter described, situated in King County, Washington, being more particularly described as follows ("Easement Area"): That portion of the herein described parcel defined as fully set forth in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein. 1 Purpose: This grant of temporary right to use and occupy is given for the purpose of ingress, egress, construction, excavation, storage, staging and the placement of equipment and materials, and such other activities and actions as may be necessary or related to the installation of drainage culvert and associated improvements, plantings and restoration, plant and project monitoring, and all other purposes not inconsistent with the Grantee's use upon Grantor's property as herein before set forth and in a manner more fully depicted in the King County Department of Local Services, GREEN RIVER ROAD AT#28728 CULVERT REPLACEMENT Drainage Improvement Project, Project number 1132523, Map number 320-52, records of the King County Roads Engineer. Grantee's use as described shall at all times allow reasonable vehicle and pedestrian access to Grantor's property from Green River Rd, including at those times that Grantee may close and barricade the road. Restoration: Grantee agrees, to leave the property in as good a condition as existed on the day construction commenced and restored per the requirements shown on the approved plans, Green River Road @ #28728 Culvert Replacement, dated 6/19/2019. Non-Exclusive: Grantor reserves for itself the right to use the Easement Area for any purposes consistent with the rights granted herein. Term: This agreement shall commence at the date of execution and remain in existence for a term of five (5)years from execution. Upon expiration of the term of the Temporary Construction Easement, all rights and benefits of Grantee in,to and under this Temporary Construction Easement shall automatically terminate and be of no further force and effect. Indemnity: Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of the negligence of Grantee or its contractors in the exercise of the rights herein granted to Grantee,but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. IN WITNESS WHEREOF,the Grantor has hereunto signed the day and year first above written. Grantor: CITY OF AUBURN By: "NrQ Printed Name: Otirti— Its: pproved as to form Acknowledgement and notary on next page 2 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of (A57 ,2019, before me personally appeared NfancA,( -17- cx_c- - to me known to be the Q\kv Vim) of CITY OF AUBURN, a Municipal Corporation,on, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that(he/she/they) (is/are) authorized to execute said instrument. C,*(Al:L '—aearACCO'CLE—• �L /i Notary Public in and for the State of c :�d'%o%,F�A'� < Gerri 4)tad e.l I 203917 '1 NS o0e0Cr 2 residing at \ Xj 47- 1A.nkj //z ">F1ii,���1W9-Z1'. '\ss %% My commission expires ( 1- ASH\a.`-z- .11t%\\\\\\s..S' 3 EXHIBIT A Project:Green River Road @28728 Culvert Replacement King County Roads Tracking Number 4-49486 Owner:City of Auburn Tax Parcel No. 322205-9032 TEMPORARY CONSTRUCTION EASEMENT That portion of the herein described parcel defined as follows: Beginning at a point on the easterly right-of-way margin of Green River Road, said point being 30.00 feet right of Green River Road right-of-way centerline station 19+95.91,as shown on King County Department of Transportation Green River Road at 28728 Culvert Replacement Right-of-way Plan, map no. 320-52, records of the King County Engineers Office; Thence easterly,to a point being 80.33 feet right of said centerline station 19+99.37; Thence northerly, to a point being 80.18 feet right of said centerline station 21+01.06; Thence westerly to a point on the easterly margin of Green River Road,said point being 30.00 feet right of said centerline station 21+05.71; Thence southerly along said easterly right-of-way margin to the Point of Beginning. Together with: Beginning at the intersection of the westerly right-of-way margin of Green River Road and the south line of the southwest quarter of section 32,Township 22 North, Range 5 East,W.M,,said point being 30.00 feet left of Green River Road right-of-way centerline station 20+78.08, as shown on King County Department of Transportation Green River Road at 28728 Culvert Replacement Right-of-way Plan, map no.320-52, records of the King County Engineers Office; Thence westerly along said south line of Section 32,to a point being 55.29 feet left of said centerline station 20+84.59; Thence northerly along the ordinary high water line of the east bank of the Green River,to a point being 51.27 feet left of said centerline station 21+13.39; Thence easterly to a point on the westerly margin of Green River Road,said point being 30.00 feet left of said centerline station 21+09.95; Thence southerly along said westerly right-of-way margin to the Point of Beginning. esmatenstar a,. 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