HomeMy WebLinkAbout5455 RESOLUTION NO. 5455
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ENTER INTO AN EASEMENT AGREEMENT WITH
MOTOROLA SOLUTIONS, INC.
WHEREAS, the City owns property at 5031 Auburn Way South, which is the
location for city water storage reservoirs and pumping facilities; and
WHEREAS, Motorola Solutions, Inc. desires to construct and operate a
communications tower for Puget Sound Emergency Radio Network (PSERN) on adjacent
property to the north; and
WHEREAS, the only access to the property to the north is through the City
property; and
WHEREAS, Motorola Solutions, Inc. has requested access and utilities easements
through the City property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an easement agreement
between the City and Motorola Solutions, Inc., which agreement shall be in substantial
conformity with the attached "Access and Utilities Easement Agreement," which is
incorporated by this references.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Resolution No. 5455
September 9, 2019
Page 1 of 2 Rev.2019
Dated and Signed: October 7, 2019
CITY OF AUBURN
ICY KUS, MYOR
ATTEST: APPR 4it ' S TO FORM:
\git
Shawn Campbell, MMC, Ci y Clerk Steven L. Gross, City Attorney
Resolution No. 5455
September 9, 2019
Page 2 of 2 Rev.2019
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
ACCESS AND UTILITIES EASEMENT
GRA18-0019
Reference#(if applicable): N/A
Grantor: City of Auburn
Grantee: Motorola Solutions,Inc.
Legal Description/STR: SW 1/4 S27-T21-R5
Assessor's Tax Parcel ID#: 2721059106
1. Parties. The parties to this Access Easement Agreement(the "Agreement")
are the City of Auburn ("Grantor"), and Motorola Solutions, Inc. ("Grantee").
2. Preamble. Grantor is the owner of certain property in King County,
Washington, which property is described in deed recorded under recording number
5174401, Records of King County, Washington-("Grantor's Property"). Grantor and
Grantee desire to enter into this Agreement for the purpose of creating certain easements to
benefit the Grantee's Property, as more particularly described hereinafter.
3. Agreement. In consideration of One Dollar($1.00), to be paid by Grantee to
Grantor, the covenants contained herein and other good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee, intending
to be legally bound, hereby agree to the terms and conditions of this Agreement.
4. Access Easement. Grantor hereby grants, transfers and conveys to Grantee a
nonexclusive easement (the"Access Easement"), for the benefit of the Grantee's Leased
Property, over and across a portion of Grantor's Property(the "Easement Area"),to and
from Grantee's Leased Property and SR 164 a public right of way, for the purpose of
providing access, ingress and egress to Grantee's Leased Property. The Easement Area is
described in Exhibit"A"and depicted in Exhibit"B", attached hereto and by this reference
made a part thereof. The easement rights granted hereunder by Grantor to Grantee shall
GRA18-0019 Access and Utilities Easement
Page 1 of 8
expressly include, without limitation, the right to free and unencumbered ingress and
egress over and across the Easement Area.
As a condition to this grant of easement, Grantee shall install, consistent with Permit
#GRA18-0019, a chain link gate within the Easement Area for entry and exit of the
Leased Property. This gate shall replace the current gate, which Grantee will remove with
as little damage as is reasonably possible and will supply it to Grantor. Furthermore,
Grantee will install, consistent with Permit#GRA18-0019, a chain link fence to the South
of and matching the current chain link security fence. Grantee shall at all times, and at
Grantee's sole cost, keep the installed fence and the access road that lies within the Access
Easement maintained and in good repair, compliant with all applicable state, federal and
city codes, ordinances, and regulations.
5. Utilities Easement. Grantor hereby grants, transfers and conveys to Grantee a
nonexclusive easement (the "Utilities Easement"), for the benefit of Grantee's Leased
Property, over and across a portion of Grantor's Property(the "Easement Area"), for the
purpose of installing, operating, maintaining and repairing telephone and electric utility
lines (the "Facilities")to service Grantee's Leased Property. The Easement Area is
described as a"30-foot utilities easement" on Exhibit"A" and depicted on Exhibit "B"
attached hereto and made a part hereof. The easement rights granted hereunder by Grantor
to Grantee shall expressly include, without limitation,the right to unencumbered ingress
and egress over and across Grantor's Property to access the Facilities and the right to use,
repair,replace, and maintain all Facilities hereafter placed in the Easement Area. The final
location of Utilities Easement to be shown a survey and provided to Grantor.
6. Emergency Access Easement Grantor grants, transfers and conveys to
Grantee a nonexclusive easement for the benefit of Grantee's Leased Property, over and
across that portion of Grantor's Property that lies immediately adjacent to and West of the
Access Easement. The grant of access is limited to access that is minimally and reasonably
necessary to achieve the purpose of emergency vehicle access to Grantee's Leased
Property during an emergency. As a condition to this grant of easement, and for the
purpose of allowing emergency vehicle access while at the same time preserving the
security of the Grantor's parcel, Grantee shall install a gate ("Emergency Gate"), at a
location determined by the Grantor, to permit emergency vehicle access to Grantee's
Leased Property from the Grantor's property. Grantee shall at all times keep the
Emergency Gate locked.
At all times, and at Grantee's sole cost, Grantee will keep the Emergency Gate in
good condition and repair, compliant with all applicable state, federal and city codes,
ordinances, and regulations, and shall perform, at its sole expense, all necessary
maintenance and repairs of the Gate. Prior to performing any maintenance or repair work,
Grantee shall obtain Grantor's written approval of the work from the City Engineer or the
Public Works Director. The work shall be performed in coordination with the Grantor to
GRA18-0019 Access and Utilities Easement
Page 2 of 8
preserve security of Grantor's parcel and uninterrupted operation of Grantor's utility. The
work shall be conducted in a good and work-manlike manner and in accordance with all
applicable state, federal, or city codes, ordinances and regulations. Following any
maintenance or repair work, Grantee will promptly restore Grantor's property to the
condition existing immediately before such work.
7. Breach and Remedy. If there is any failure of Grantee or their respective
successors and assigns, to comply with the obligations set forth in this Agreement,
including but not limited to, the performance of the maintenance work, for a period of
twenty(20)calendar days after receipt of notice from Grantor, then Grantor may perform
the necessary work and bill Grantee and/or seek all remedies available at law or in equity
to compel the Grantee to comply with this Agreement, including but not limited to, the
payment of any reasonable costs and expenses and all reasonable attorney's fees and costs.
In the event Grantee has commenced the curing of such failure and is diligently pursuing
such cure, the Grantor shall not perform the necessary maintenance work to cure such
failure so long as the Grantee is diligently pursuing the cure.
8. Notices. Any notice sent pursuant to this Agreement shall be in writing and
sent by reliable overnight or express courier service with adequate postage prepaid or on
account thereof, addressed to the appropriate party. The initial addresses of the parties
shall be as set forth below:
To Grantor:
City of Auburn Water Department
25 W Main Street
Auburn, WA 98001
To Grantee:
Motorola Solutions Inc. Motorola Solutions, Inc.
Attn: PSERN Project Manager 500 West Monroe, Suite 3700
3131 Elliott Ave. Suite 200 Chicago, IL 60661
Seattle, WA 98121 Attn: Global Real Estate Counsel
9. Successors and Assigns. The Access Easement granted herein shall be
appurtenant to and shall run with Grantee's Leased Property, and shall be binding upon
and inure to the benefit of each party hereto, its successors, assigns, mortgagees, tenants,
representatives and invitees.
10. Indemnification. Grantee shall protect, defend, indemnify and hold Grantor
harmless from and against any damages, liability, actions, claims, and expenses (including
reasonable attorney's fees actually incurred) arising either to property or persons from or
related to the exercise of any rights or the discharge of any obligations by or on behalf of
GRA18-0019 Access and Utilities Easement
Page 3 of 8
Grantee in connection with its use of the Easement Area and the Emergency Access
Easement; provided, however, that Grantor shall not be indemnified for its sole negligence
or willful misconduct. If any mechanic's, materialmen's, laborer's or other lien is asserted
against the Grantor's property as a result of the activities undertaken on behalf of Grantee,
Grantee shall cause such lien to be discharged or released of record within 20 days after
notice from Grantor, either by paying the indebtedness which gave rise to such lien or by
posting bond or other security as shall be required by law to obtain such release and
discharge.
11. Governing Law. This Agreement shall be governed by and enforced in
accordance with the laws of the State of Washington.
12. Contractor Insurance. Grantee shall cause its contractors to maintain, at all
times during the course of their work in the Easement Area, commercial general liability
insurance with limits of not less than One Million Dollars ($1,000,000)naming Grantor as
"an Additional Named Insured"and shall provide certificates evidencing such coverage
prior to start of construction.
13. Obstruction. Except in accordance with this Agreement, neither party shall in
any way block, restrict or impede access and egress to or from said Easement Area and/or
in any way block, restrict or impede full use of Grantor's real property.
14. Covenant. The Easements and conditions in this agreement shall be covenants
running with the land constituting the Grantor's property as the servient tenement and
benefit the Grantee Leased Property as the dominant tenement, and shall inure to and be
binding on the successors, heirs and assigns of all parties hereto.
[signature page to follow]
GRA18-0019 Access and Utilities Easement
Page 4 of 8
Signed,�sea,✓led and delivered on the 1 day "GRANTOR"
of 0 t,tU V/' , 20A in the presence of:
City of Auburn
Uno ficial Witness'" -" treliMefral4A04
4wti) y By Notary Public 1M"Yb� , position
My Corninissipn Expires:
lin 111 r PUN Mqr Ih
Z. Iiiir, Ir
[NOTARY SEAL] _�k,�=��R`gARti�1i,�C<< /
sO ?o j' IA i
[NOTARY STAMP] ,
///hFOF WA;#,F�
GRA18-0019 Access and Utilities Easement
Page 5 of 8
"GRANTEE":
Signed, sealed and delivered on the 3(�day Motorola Solus i ns Inc.
of 0 L o b-e( 2019 in the presence of:
/141011r°
k t..UG_, �` By:
Unofficial witness
P-' -' r 4.1-4 position
62.
Notary Public
My Commission Expires:
[NOTARY SEAL] Oeal Seal
Renee Grinvalds
[NOTARY STAMP] Notary Public State of Illinois
My Commission Expires 06/23/2020
GRA18-0019 Access and Utilities Easement
Page 6 of 8
EXHIBIT "A"
ACCESS AND UTILITIES EASEMENT
LEGAL DESCRIPTION
A PORTION OF PROPERTY DESCRIBED IN DEED RECORDED UNDER RECORDING NO.5174401,
RECORDS OF KING COUNTY,WASHINGTON;
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF THE ABOVE DESCRIBED DEED;
THENCE SOUTH 46°39'23"WEST,A DISTANCE OF 45.60 FEET ALONG THE SOUTHEAST LINE OF
SAID DEED TO THE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHEAST LINE,NORTH 64°17'54"WEST,A DISTANCE OF 47.64
FEET;
THENCE NORTH 83°20'36"WEST,A DISTANCE OF 81.86 FEET;
THENCE NORTH 71°43'40"WEST,A DISTANCE OF 130.88 FEET;
THENCE NORTH 36°17'15"WEST,A DISTANCE OF 50.18 FEET TO THE NORTH LINE OF SAID
DEED ALSO BEING THE SOUTH LINE OF PARCEL A,"WESTERLY PORTION,"OF CITY OF
AUBURN BLA08-0015,RECORDED UNDER RECORDING NO.20090114900004,RECORDS OF
KING COUNTY,WASHINGTON;
THENCE NORTH 88°41'39"WEST,A DISTANCE OF 25.29 FEET ALONG SAID NORTH LINE;
THENCE LEAVING SAID NORTH LINE, SOUTH 36°17'15"EAST,A DISTANCE OF 71.95 FEET;
THENCE SOUTH 71°43'40"EAST,A DISTANCE OF 139.37 FEET;
THENCE SOUTH 83°20'36"EAST,A DISTANCE OF 80.54 FEET;
THENCE SOUTH 64°17'54"EAST,A DISTANCE OF 36.63 FEET TO THE SOUTHEAST LINE OF
SAID DEED;
THENCE NORTH 46°39'23"EAST,A DISTANCE OF 21.42 FEET ALONG SAID SOUTHEAST LINE
TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 6393 SQ.FT.,MORE OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS A MONUMENTED LINE FROM CITY OF
AUBURN MONUMENT 1114-001 TO CITY OF AUBURN MONUMENT 1215-011,THIS LINE ALSO
BEING THE NORTH LINE OF THE PROPERTY DESCRIBED IN DEED RECORDED UNDER
RECORDING NO. 5174401,RECORDS OF KING COUNTY,WASHINGTON, AND THE SOUTH LINE
OF THE"WESTERLY PORTION"OF PARCEL A OF CITY OF AUBURN BLA08-0015. THE
BEARING FOR SAID LINE BEING SOUTH 88°41'39" EAST.
D' ANl1
Ale
100 E •jsr ..y
1 i-
‘t> 32434
J
-"8s Lag)
GRA18-0019 Access and Utilities Easement
Page 7 of 8
EXHIBIT"B"
ACCESS AND UTILITIES EASEMENT
DEPICTION
ADVENTIST ACADEMY CHURCH 7
PARCEL N0. 2721059012
40,
"WESTERLY PORTION" ''"t
vii..
A • y
BLA 08-0015
(REC. NO. 20090114900004)
J
X L5 POINT OF
i�( N88'41'39'1238.33' COMMENCEMENT
\� As.
�, �- (,q POWER VAULT
4
`.. ,� \ �\ � N44560' E r\
-.-. ---�4(
CITY OF AUBURN WATER TANKS
PARCEL NO. 2721059106
SWD 5174401 POINT OF
BEGINNING
1 SCHINDLER VIOLA DAWN+DUANE
` PARCEL NO. 2721059118
LINE TABLE
UNE BEARING DISTANCE UNE BEARING _DISTANCE
L1 N64'17'54 W 47.64' _ L6 S3E17'15'E 71.95'
L2 N85 20.36'W 81.86' L7 571'43'40"E 139.37'
L3 N71'43'40'W 130.88 LB S83'20'35E 80.54'
L4 N3617'15W 50.18' L9 564'17'54'E 36.63'
L5 N13641'39N 25.29' L10 N4639'233E 21.42'
N
0 'IF'
�w of xasg�,,! t;
k `k 32434 `
11',�. g4CISTERF�
/0 I11, I\'U ' SCALE: 1' = 80'
(4) it
80' 0 80' 160'
PSERN AUBURN
ACCESS AND UTILITY EASEMENT
GRA18-0019 Access and Utilities Easement SW 1/4 OF THE NW 1/4 OF SEC. 27,TWN. 21 N., RNG. 5 E., W.Y.
Page 8 of 8 KING COUNTY, WASHINGTON
Return Address:
City of Auburn 11111111111 1111111 1111 II 11111 11E1I1 «III
City Clerk
25 West Main
Auburn,WA 98001 20191025001635
EASEMENTRec:
4, 1012512019 $112.50
3:14 PM
y KING COUNTY,WA
FIRST AMERICAN I
1ZS'b
Above this line reserved for recording information.
ACCESS AND UTILITIES EASEMENT
GRA18-0019 RECORDING REQUESTED BY
FiRBT AMERICAN TITLE COMPANY
M AN ACCOMMODATION ONLY
Reference#(if applicable): N/A
Grantor: City of Auburn
Grantee: Motorola Solutions,Inc.
Legal Description/STR: SW'/o S27-T21-R5
Assessor's Tax Parcel ID#: 2721059106
1. Parties. The parties to this Access Easement Agreement(the "Agreement")
are the City of Auburn ("Grantor"), and Motorola Solutions, Inc. ("Grantee").
2. Preamble. Grantor is the owner of certain property in King County,
Washington, which property is described in deed recorded under recording number
5174401, Records of King County, Washington-("Grantor's Property"). Grantor and
Grantee desire to enter into this Agreement for the purpose of creating certain easements to
benefit the Grantee's Property, as more particularly described hereinafter.
3. Agreement. In consideration of One Dollar ($1.00), to be paid by Grantee to
Grantor, the covenants contained herein and other good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee, intending
to be legally bound, hereby agree to the terms and conditions of this Agreement.
4. Access Easement. Grantor hereby grants, transfers and conveys to Grantee a
nonexclusive easement (the "Access Easement"), for the benefit of the Grantee's Leased
Property, over and across a portion of Grantor's Property(the "Easement Area"), to and
from Grantee's Leased Property and SR 164 a public right of way, for the purpose of
providing access, ingress and egress to Grantee's Leased Property. The Easement Area is
described in Exhibit"A" and depicted in Exhibit"B", attached hereto and by this reference
made a part thereof. The easement rights granted hereunder by Grantor to Grantee shall
GRA18-0019 Access and Utilities Easement
Page 1 of 8 EXCISE TAX NOT RECO "'
Kind Com Record:.'
Ey_ �_ ��