HomeMy WebLinkAbout20200806001532 EASEMENT AGREEMENT Instrument Number:20200806001532 Document:AG Rec: $227.00 Page-1 of 21
Record Date:8/6/2020 1:30 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY JAMES JUN,DEPUTY . i —S
tA\G>
RETURN DOCUMENT TO:
Puget Sound Energy, Inc.
P.O. Box 97034 / EST-06W
Bellevue, WA 98009-9734
Use dark black ink and print legibly. Documents not legible will be rejected per RCW 65.04.045&65.04,047
DOCUMENT TITLE(S):
EASEMENT AGREEMENT CITY OF AUBURN
AUDITOR FILE NUMBER &VOL. & PG. NUMBERS OF DOCUMENT(S)
BEING ASSIGNED OR RELEASED:
20200805001980 Re-record because of missing documentation.
Additional reference numbers can be found on page of document
GRANTOR(S)
CITY OF AUBURN
Additional grantor(s)can be found on page of document
GRANTEE(S):
PUGET SOUND ENERGY, INC.
Additional grantee(s)can be found on page of document.
ABBREVIATED LEGAL DESCRIPTION: (Lot, block, plat name OR; qtr/qtr,section,
township and range OR; unit, building and condo name.)
Portion of SE 1/4 of Section 6, Township 21 North, Range 05 East, W.M.
Additional legal(s)can be found on page of document
ASSESSOR'S 16-DIGIT GEO-PARCEL NUMBER:
000100-0081
Additional numbers can be found on page
The Auditor/Recorder will rely on the information provided on this form. The responsibility for the
accuracy of the indexing information is that of the document preparer.
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-2 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EASIVIENT AGREEMENT
CITY OF AUBURN
This Agreement is made and entered into by PUGET SOUND ENERGY, INC., (herein
referenced as "PSE" or "GRANTEE"), a Washington state energy utility and the CITY OF
AUBURN (herein referenced as "CITY" or"GRANTOR"), a municipal corporation of King and
Pierce Counties,Washington,herein collectively referred to as"PARTIES"
WITNESSETH :
Whereas,The CITY owns King County parcel 000100-0081 legally described in Exhibit C;
and
Whereas, GRANTEE desires to extend existing electrical service facilities located within
Brannon Park in order to improve the•reliability to those customers west of Green River as well as
provide increased system flexibility to the area;and
Whereas, extending the electrical services will require a utility easement conveyance to
GRANTEE;and
Whereas, City staff estimates the utility easement described in Exhibit A to have a current
value of less than$25,000.00;
NOW, THEREFORE, in consideration of the terms, rights and restrictions set forth, IT IS
AGREED by the PARTIES as follows:
1. GRANT AND CONVEYING OF EASEMENTS. The CITY agrees to grant and
convey a perpetual Non-Exclusive Utility Easements to GRANTEE legally described and attached
hereto as Exhibit A and depicted in Exhibit B for the purposes of constructing, operating,
maintaining,repairing,replacing, improving,removing,upgrading or extending one or more utility
systems for the purposes of transmission, distribution and sale of electricity. The Easement shall
encumber real property located in King County, Washington legally described and attached hereto
as Exhibit C("Encumbered Property"). Included in this conveyance shall be the right of access to
the Easement Area described in Exhibit A over and across the Property as shall be required for the
construction, reconstruction, maintenance and operation of GRANTEE'S utility, the use of such
additional area shall be held to a reasonable minimum.
2. ACCESS, GRANTEE shall have the absolute right at all times as necessary for
immediate access (ingress and egress), to enter the Encumbered Property for the purpose of
inspecting and maintaining the easement area as well as constructing, operating, maintaining,
repairing, replacing, improving, removing,upgrading or extending GRANTEE'S facilities. In the
case of any damage or disruption of the Encumbered Property, the GRANTEE shall return the
property to a condition reasonably comparable to its condition as it existed immediately before
entry and/or work was made thereon by the GRANTEE or its agents.
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-3 of 21
Record Date:8/6/2020 1:30 PM King County,WA
3. CONSIDERATION. In consideration of the public's health, safety, well-being and
benefit,the CITY agrees to convey to GRANTEE the easement legally described in Exhibit A with
no further monetary or other consideration chic to the CITY from GRANTEE.
4.RECORDING&RECORDING FEES. GRANTEE shall be responsible at its sole cost
and expense for recording and all recording fees of the easement. GRANTEE shall record an
easement that is in substantial conformity to that hereby referenced and attached as Exhibit D.
GRANTEE shall furnish to the CITY a copy of the recorded easements showing the recording
numbers. The document is to be sent to City of Auburn, attn.: Josh Arndt — 2S W Main,
Auburn,WA 98001 or if by email: Jarndt®auburnwa.gov
5. CONDITION OF EASEMENT. GRANTEE acknowledges the rights granted herein
are nonexclusive and that other public and private utilities may exist and intersect this Easement.It
is GRANTEE's sole responsibility to inspect,locate and verify any and all existing utilities which
may intersect and/or interfere the GRANTEE's facilities being placed within the Easement. In
locations where existing utilities will intersect the GRANTEE'S proposed facilities, GRANTEE
agrees to provide a minimum of 12 inches of separation either above or below the existing utility
and 5 feet of horizontal separation where existing facilities will parallel GRANTEE proposed
facilities. GRANTEE further agrees to return, at its sole expense, the property located within the
Basement, as well as any additional property that may be used, to a condition reasonably
comparable to its condition that existed immediately before entry and/or work was performed by
GRANTEE or GRANTEE'S agents. The CITY retains discretion over compliance with this
provision and may require such additional work as to achieve a condition reasonably comparable to
the condition of the property prior to GRANTEE entry.
OTHER CONDITIONS OF PURCHASE: 1) GRANTEE agrees to bore under any
existing trees located within the proposed easement area at the time of utility placement. 2)
GRANTEE agrees not to commence any work within the easement arca without first recording this
easement.
6. ENTIRE AGREEMENT/MODIFICATION. This written Agreement constitutes the
entire and complete Agreement between the PARTIES hereto and supersedes any prior oral or
written agreements between the PARTIES with respect to the Easements and or Encumbered
Property. It is expressly agreed that there are no verbal understandings or agreements, which in
any way change the terms, covenants, and conditions herein set forth. No modifications of this
agreement and waiver of any of its terms and conditions shall be effective unless in.writing and
duly executed by the PARTIES hereto.
7. SUCCESSORS & ASSIGNS. GRANTEE shall have the right to assign, apportion or
otherwise transfer any or all of its rights,benefits,privileges and interests arising in and under this
easement. Without limiting the generality of the foregoing, the rights and obligations of the parties
shall be binding upon their respective successors and assigns. Further, the Parties agree that the
burdens of the obligations contained in this agreement touch and concern GRANTOR's title in that
property and the benefits of the obligations inure to the City.
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-4 of 21
Record Date:8/6/2020 1:30 PM King County,WA
8. INDEMNITYS GRANTEE agrees to indemnify GRANTOR from and against all
claims, injuries, damages, losses, or suits of every kind, including attorney fees and litigation
expenses incurred by GRANTOR as a result of the negligence of GRANTEE or its employees,
agents,or contractors in the exercise of the rights granted to GRANTEE through the Easement and
Easement Agreement, but nothing herein shall require GRANTEE to indemnify GRANTOR for
that portion of any such liability attributable to the sole negligence of the GRANTOR or the
negligence of others.
9. BINDING EFFECT. This easement and the covenants herein shall be covenants
running with the Encumbered Parcel, shall burden said real estate, and shall inure to the benefit of
and be binding on the successors, heirs, and assigns of both parties hereto, provided that
GRANTEE'S rights hereunder shall not be assigned to any other entity without the prior written
consent of City which consent shall not be unreasonably withheld. •
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-5 of 21
Record Date:8/6/2020 1:30 PM King County,WA
•
•
SIGNATURE PAGE
GRANTOR GRANTEE
CITY OF AUBURN PUGET SOUND N r Y
41*"144.6Nancy yor N e• Chad Wal' aki
11
Date: Title:
7//6(Zoe
Approved as to Form: Date:
B.fG,
s4' Kendra omeau,Auburn City Attorney
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-6 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT
PORTION OF TAX LOT NO. 000100-0081
THAT PORTION OF THE WILLIAM BRANNAN DONATION LAND CLAIM NO.37,SITUATE
IN THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON,DESCRIBED AS
FOLLOWS:
A STRIP OF LAND, 5.00 FEET IN WIDTH, 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE 1:
COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTH 157.60 FEET OF SAID
WILLIAM BRANNAN DONATION LAND CLAIM NO.37,SAID POINT ALSO BEING THE
SOUTHWEST CORNER OF LOT 123 OF THE PLAT OF RIVERPARI(ESTATES, RECORDED IN
VOLUME 121 OF PLATS, PAGES 97-100, RECORDS OF KING COUNTY;
THENCE S 89°02'26" E ALONG THE SAID SOUTH LINE FOR 4.75 FEET;
THENCE S 19°44'12"W FOR 25.43 FEET;
THENCE S 19°16'42"W FOR 39.00 FEET TO THE BEGINNING OF A TANGENT CURVE
HAVING A RADIUS OF 10.00 FEET;
THENCE ALONG SAID TANGENT CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE
OF 56°59'11", FOR AN ARC LENGTH OF 9.95 FEET;
THENCE S 37°42'29" E FOR 74.02 FEET TO THE BEGINNING OF A TANGENT CURVE
HAVING A RADIUS OF 10.00 FEET;
THENCE ALONG SAID TANGENT CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE
OF 40°29'14", FOR AN ARC LENGTH OF 7.07 FEET;
THENCE S 02°46'45"W FOR 20.34 FEET TO A POINT IDENTIFIED AS POINT"B"AS •
RECORDED UNDER AUDITOR'S FILE NUMBER 20130627001195,SAID POINT
HEREINAFTER REFERRED TO AS POINT 1,ALSO BEING THE TRUE POINT OF BEGINNING
OF SAID CENTERLINE 1;
THENCE CONTINUING S 02°46'45"W FOR 142.39 FEET;
THENCE S 07°25'21"W FOR 141.93 FEET;
THENCE S 16°12'38" E FOR 210.50 FEET;
THENCE S 05°21'39" E FOR 127.58 FEET;
THENCE S 00°51'26"W FOR 230.23 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT 2;
•N. Pe
. 'r
•
PROJECT NO: 1006482 £ -•r^
PREPARED BY SRW
DATE: 06/29/2020(REV. 3) _ SURVEY & MAPPING
(SHEET 1 OF 2) 13221 s.E 2dn.STREET SUITE BELLEVUE.WA MOS
'Et.'S i•1 •)_dC .a..t.taSS`;23\
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-7 of 21
Record Date:8/6/2020 1:30 PM King County,WA
I
THENCE CONTINUING S 00°51'26"W FOR 115,55 FEET;
THENCE S 25°35132"W FOR 31.51 FEET; •
THENCE S 66°32'47"W TO THE NORTH MARGIN OF 26TH STREET NE
FOR 50.14 FEET, MORE OR LESS,TO THE TERMINUS OF SAID CENTERLINE 1.
THE SIDELINES OF SAID STRIP OF LAND ARE TO BE TERMINATED OR SHORTENED TO •
BEGIN OR END ON THE NORTH MARGIN OF 26TH STREET NE AND TO MEET AT ANGLE
POINTS.
CONTAINING 5,128 SQUARE FEET, MORE OR LESS. -
TOGETHER WITH A STRIP OF LAND, 10.00 FEET WIDE,5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE 2;
COMMENCING AT THE AFORESAID POINT 2;
THENCE N 89°08'34"W FOR 7.50 FEET TO THE TRUE POINT OF BEGINNING OF SAID
CENTERLINE 2;
THENCE S 00°51'26"W FOR 115.00 FEET TO THE TERMINUS OF SAID CENTERLINE 2.
CONTAINING 1,150 SQUARE FEET, MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS THE WASHINGTON
• STATE PLANE COORDINATE SYSTEM (NORTH ZONE), WAD 83(91).
4, 29/2 0.2-D
p/i U/ / /,nU '\ ... 11
y4"Rq,Q T4gpt(,,41°
b4
AO ,11 ,
/�
LS t128fJ j
$ fl .1 i.
lei; ,� ",A!\'
Ott, Lop .
�f
PROJECT NO; 1005482114/N 4 ', ..:• /� ' =-
PREPARED BY SRW
DATE: 06/29/2020 (REV, 3) SURVEY & MAPpiNG
(SHEET 2 OF 2) 13221 S.E.28Th STREET SUITE A.BELLEVUE,WA 98005
'El,.12S 146.3.0 VrItliV5S4 COM
Instrument Number:20200806001532 Document:AG Rec: $227.00 Page-8 of 21
Record Date:8/6/2020 1:30 PM King County,WA
1
EASEMENT EXHIBIT B
SE 1/4 SEC, 06, T2IN, RO5E,W.M. .
SW COR.OF LOT 123 OF
RIVERPARK ESTATES VOL,
121,POS 97-100 L1 Curve Table
��.---__ — L2 - SOUTH LINE OF THE Curve # Length Radius Delta
NORTH 157.00'FEET OF
THE W.BRANNON DLC Cl 9.95` 10.00' 56'59'11°
NO.37 C2 7.07' 10.00' 40'29'14"
IL3
Line Table
EASEMENfAREA Line # Direction Length
PER AFN 20130627991 195
C1 LI 589'02`26"E 4.75'
L2 S19'44'12"W 25.43'
L3 S1916'42"W 39.00'
L4 S37'42'29"E 74.02'
L5 S2'46'45"W 20.34'
L6 S2'46'45"W 142.39'
\•••••°....
02.
POINT`B"P1#R AFN:
(_ 20130B27000 105 zuri,,,,,,iaiiuo,va,,,,,\\,,�o\\NAII,?
•
T.P,O.B.CENTERLINE 1 ', V. I?
HEREINAFTER KNOWN AS POINT 1 ;�4 0 1431i�4o
AND MATCHLINE t %. '
:0\1
L!.5,...2114.3
,,,:i:
41 I
to
I $; ti 41q
il 1
r 1L WAHtt
' Ls G/2 9/2zO
I "7
0 20' 40'
Alt
SCALE: 1"=40' r '%
; ,,...t .�,
\
PROJECT NO: 1005482 c.A \ t• -
,,, ,
PREPARED BY SRW
SURVEY & MAPPING
DATE: 08/29/2020 (REV. 3) E•<0e0740,S,1.f:R H7 N
(SHEET 1 OF 3) 13221 S.E.2611-1 STREET.SUITE A.BELLEVUE.WA 98005
78t,µZs.744.32C0 VIYN6A.733M COM
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-9 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EASEMENT EXHIBIT B
SE 1/4 SEC, 06, T21 N, RO5E,W.M.
L
T.P.O.8.CENTERLINE I MATCHLINE
HEREINAFTER KNOWN AS POINT I L7&L8
AND MATCHLINE I
I- ,
3I 1
I \' '
01 I
,
to ' L6 cr,
5
1 WA
r"
1
1q 1V .I
+- • I 5 L8
I 1
Line Table
...� Line # Dtraction Length %
0 20' 40' ' L8 S2'46'45'W 142.39'
SCALE: r=40'
I L7 S7'25'21"W 141.93'
JL8 S16'12'38"E 210.50'
' L9 S5'21'39"E 127.58'
5
I L7 MATCHLINE
C L8&L9
,OF 1USN�ilp 4 A I I
, � , ! I .
4 I
11411'i:1 e>
3A, i,/m/IY/II`'ZI I O.t� 1
�W.2-9172.02-0v.., .i'5f: %..
li
MATCHLINE .,t,,^_
,,,
PROJECT NO: 1005482 SURVEY & MAPPING
PREPARED BY SRW r,:o!'i.•%•'3!Sa,vett Has NO Bit 1dn0s
13221 S.E.28Th STREET,SUITE A•BELLEVUE.WA 96005
DATE:06/29/2020(REV.3) (SHEET 2 OF 3) -et OM 141-73C0 Willt09000M
I
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-10 of 21
Record Date:8/6/2020 1:30 PM King County,WA
'
I
EASEMENT EXHIBIT B
SE 1/4 SEC. 06, T21N, RO5E,W.M.
MATCHLINE 1 MATCHLINE--N_L10
L8&L9 L104411
1
I I
1
1 I
I
\......_ iI J
T,P,O,t3.Cl3NTERLINE 2 J
I
Line Table
�% 1/HEREINAFTER
Line # Direction Length KNOWN
19 / AS POINT 2
rn L9 S5'21'39"E 127.58' t'
N.
W
110 S0'51'26" 230.23' 5
N 111 50'51'26°W 115.55' i i
112 S25'35'32'W 31.51'
L13 566'32'47"W 50,14' ' F
114 N89'0$'34"W 7.50' , I1n
L15 S0.51'26"W 115.00' I IN—L11 s--
IL15---..„ 4 J
SCALE: 1"=40' *"'41-
'01� 14 d
CENTERLINE 1 4t.
j/112
,?-: \
,/' L13
26TH STREET N.E. �a'''`YS.f
MATCHLINE ° .' '�'
ill L10 ' �'a ` iL10&L11 • eD'
PROJECT NO: 1005482 't:',...fl = t ".5 MAPPING
PREPARED BY SRW Exceplionai telt/Wiles No Boundaries
15221 S.E.28TH STREET,SUITE A,BELLEVUE,WA 98005
DATE: 06/29/2020(REV. 3)(SHEET 3 OF 3) Teu(426)148.3200 130.W.APSSLCCOM
Instrument Number:20200806001532 Document:AG Rec: $227.00 Page-11 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EXHIBIT C
Encumbered Property •
That portion of the William H.Brannan Donation Land Claim No.37,in Section 8,Township
21 North,Range 5 East,W.M.,in Wag County,Washington,described as Follows:
Beginning at a point South 0"50'00"East 157.50 feet from the Northwest corner of said
donation claim;
Thence North 89°19'00"East 1,117.00 feet to the true point of beginning;
Thence North 89"19'00"East 1003.10 feet to the West bank of the Green River(formerly
"White River");
Thence along said West bank South 17°24'00"West 59.50 feet;
Thence South 5°48'00"West 242.70 feet; •
Thence South 1°25'00"West 184.50 feet;
Thence South 17°53'00"East 153.10 feet;
Thence South 6°28710"East 260.00 feet;
Thence South 12"25'00"East 298.90 feed
Thence South 8999'00"West 1,148.30 feet,more or less,to a point from which the true pint
of beginning bears North 0"5900"West;
Thence North 0°59'00"West 1,183.69 feet,more or less,to the true point of beginning;
Except those portions thereof conveyed to King County for John Reddington Co.Road by
deeds recorded under Auditor's foe numbers 2776025 and 2770025;
And,except portion,if any,lying with to 26th Street Northeast(Also known as South 303rd
Street);
And except that portion described as follows:
•
Commencing at the Northwest corner of said Donation Claim No.37;
Thence North 89°19`East along the North One thereof,1,117 feet;
Thence South 0`59'East,parallel to the West line thereof,728.6 feet to the point of
beginning;
Thence South 0°59'East 612.27 feet;
Thence North 899714"East 505 feet;
Thence North 0'41'West 553.415 that; •
Thence North 11°23'23"West 60.00 feet;
Thence Westerly along a curve to the right,the radius of which is equal to 538.42 feet
through a central angle of 10°4723",a distance of 100,81 feet;
Thence South 89°19'West 220 feet;
Thence westerly along a curve to the left,the radius of which is equal to 336.345 feet
through a central angle of 13°33'51"a distance of 79.63 feet;
Thence South 75°45'09"West 9.505 feet;
Thence westerly along a curve to the right,the radius of which Is equal to 336.345 feat
through a central angle of 13°33'51"a distance of 79.63 fest;
Thence South 89'19'West 10.00 feet to the point of beginning.(Being known as Great
Western Addition Division No.I)
And being the same as described in Warranty Deed recorded under Recording Number
7111010246,records of King County.
instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-12 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EXHIBIT D
Easement Draft(Cover Sheet)
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-13 of 21
Record Date:8/6/2020 1:30 PM King County,WA
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn:ROW Department(EY)
PO Box 97034/EST-06W
Bellevue,WA 98009-9734
PSE PUGET SOUND ENERGY
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF AUBURN
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: Portion SE Sec 6,T21N, R5E W.M., King County,WA
ASSESSOR'S PROPERTY TAX PARCEL: 000100-0081
For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF AUBURN, a Washington municipal corporation("Owner" herein), hereby grants and
conveys to PUGET' SOUND ENERGY, INC., a Washington corporation ("PSE' herein), for the purposes described
below,a nonexclusive perpetual easement over,under, along across and through the following described real property
(the "Property" herein) in King County, Washington:
SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Except as may be otherwise set forth herein PSEs rights shall be exercised upon that portion of the Property
("Easement Area"herein) described as follows:
SEE EXHIBITS"B"AND"Bl"ATTACHED HERETO AND BY THIS REFERENCE MADE APART
HEREOF.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
Underground facilities. Conduits, lines, cables, vaults,switches and transformers for electricity; fiber optic
cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and
pads, manholes, meters,fixtures,attachments and any and all other facilities or appurtenances necessary or
convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems. With the exception of emergencies,PSEwill provide Grantor
five(5)working days advance written notice prior to such work.PSE shall have the right of access to the Easement
Area over and across the Roperty to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,remove
and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but
not the obligation, to control, on a continuing basis and by any prudent and\reasonable means, the establishment and
growth of brush, trees or other vegetation in the Easement Area.
PSE Easement 2014
WO#101085214,RW-114294
Page 1 of 9
[nstrument Number: 20200806001532 Document:AG Rec: $227.00 Page-14 of 21
Record Date:8/6/2020 1:30 PM King County,WA
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Roperty outside the Easement Area that could, In PSE's sole judgment, interfere with or create a hazard
to PSEs systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such
trees and make a reasonable effort to give Ow ner prior notice that such trees w ill be cut,trimmed, removed or disposed.
Ow ner shall be entltled to compensation for the actual market value of merchantable timber (if any)cut and removed
from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSEs w ork to the
condition existing immediately prior to such w ork,unless said w orkw as done at the request of Ow ner,in which case
Owner shall be responsible for such restoration. All restoration which is the responsbility of PSE shall be performed
as soon as reasonably possible after the completion of PSEs work and shall be coordinated with Ow ner so as to cause
the minimum amount of disruption to Ow ner's use of the Roperty.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, how ever,Ow ner shall not excavate w ithin or otherw is change
the grade of the Easement Area or constructor maintain any buildings or structures on the Easement Area and Ow ner
shall do no blasting within 300 feet of PSEs facilities without PSEs prior written consent.
6. Indemnity. PSE agrees to indemnify Ow ner from and against liability incurred by Ow ner as a result of the
negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require
PSE to indemnify Ow ner for that portion of any such liability attributable to the negligence of Ow ner or the negligence
of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner.No termination shall be deemed to have occurred by PSEs failure to install its systems on the Easement Area.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherw ise transfer any or all
of its rights, benefits,privileges and Interests arising in and under this easement. Without limiting the generality of the
foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
PSE Easement 2014
WO#101085214,RW-114294
Page 2 of 9
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-15 of 21
Record Date:8/6/2020 1:30 PM King County,WA
•
DATED this :k day or,,--S--j ,\%. 2p,�� ,
OWNER CITY OF AUBURN, a Washington municipal corporation
•
BY: • ► �,_. . •
.�
Printed Narne: l \ I 4
Its: Ku`or.
-V, I
STATE OF WASHINGTON )
) SS
COUNTY OF `, �C ) •
•
•On this day of ..S 4 . �ii 24,?.,s‘, before me, the undersigned, a Notary Public
in and for the State of WashingtorT, duly commissioned and sworn, personally appeared •
3c•., S to me known to be the person(s)who signed
as �`-1�� �P _ of CITY OF AUBURN, a Washington •
municipal corporation,the corporation that executed the within and foregoing instrument, and acknow ledged said
instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation
for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said
•
instrument on behalf of said corporation.
•
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. •
•
111
K CAA 114 Ce 1.
S hk /� (Signature of Notary) \�
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158704 s (Print or stamp name of Notary)
(PA, ALt31.‘G 2
y+ry t 5g�,=�, � N TTAARY PUBLIC in and for the State of Washington, residing
/k N{a no, nn at •Y�•,\ n _2
h WAs� My Appointment Expires: ccs\ FJ o�c,aLt
•
•
Notary seal,text and all notations must be inside 1"margins
PSE Easement 2014
WO#101085214,R W-114294
Page 3 of 9
[nstrument Number:20200806001532 Document:AG Rec: $227.00 Page-16 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 000100-0081
That portion of the William H. Brannan Donation Land Claim No. 37, In Section 6,Township
21 North,Range 5 East, W.M.,in king County,Washington,described as follows:
Beginning at a point South 0°59'00" East 157.60 feet from the Northwest corner of said
donation claim;
Thence North 89°19'00" East 1,117.00 feet to the true point of beginning;
Thence North 89°19'00" East 1083.10 feet to the West bank of the Green River(formerly
"White River");
Thence along said West bank South 17°24'00" West 59.50 feet;
Thence South 6°48'00"West 242.70 feet;
Thence South 1°25'00"West 184.50 feet;
Thence South 17° 53'00" East 153.10 feet;
Thence South 6°28'00"East 260.00 feet;
Thence South 12°25'00" East 298.90 feet;
Thence South 89°19'00" West 1,148.30 feet,more or less,to a point from which the true pint
of beginning bears North 0°59'00" West;
Thence North 0°59' 00"West 1,183.69 feet,more or less,to the true point of beginning;
Except those portions thereof conveyed to IGng County for John Reddington Co.Road by
deeds recorded underAuditor's file numbers 2776025 and 2776026;
And,except portion,if any, lying within 26th Street Northeast(Also known as South 303rd
Street);
And except that portion described as follows:
Commencing at the Northwest corner of said Donation Claim No. 37;
Thence North 89°19' East along the North line thereof,1,117 feet;
Thence South 0°59' East, parallel to the West line thereof,728.6 feet to the point of
beginning;
Thence South 0°59' East 612.27 feet;
Thence North 89°17'14" East 505 feet;
Thence North 0°41' West 553.415 feet;
Thence North 11°23'23" West 60.00 feet;
Thence Westerly along a curve to the right,the radius of which is equal to 538.42 feet
through a central angle of 10°42'23", a distance of 100.61 feet;
Thence South 89°19' West 220 feet;
Thence westerly along a curve to the left,the radius of which is equal to 336.345 feet
through a central angle of 13°33'51" a distance of 79.63 feet;
Thence South 75°45'09" West 9.505 feet;
Thence westerly along a curve to the right,the radius of which is equal to 336.345 feet
through a central angle of 13°33'51" a distance of 79.63 feet;
Thence South 89°19' West10.00 feet to the point of beginning.(Being known as Great
Western Addition Division No. I)
And being the same as described in Warranty Deed recorded under Recording Number
7111010246, records of King County.
PSE Easement 2014
WO#101085214,R W-114294
Page 4 of 9
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-17 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT
PORTION OF TAX LOT NO. 000100-0081
THAT PORTION OF THE WILLIAM BRANNAN DONATION LAND CLAIM NO. 37, SITUATE
IN THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS
FOLLOWS:
A STRIP OF LAND, 5.00 FEET IN WIDTH, 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE 1:
COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTH 157.60 FEET OF SAID
WILLIAM BRANNAN DONATION LAND CLAIM NO. 37,SAID POINT ALSO BEING THE
SOUTHWEST CORNER OF LOT 123 OF THE PLAT OF RIVERPARK ESTATES, RECORDED IN
VOLUME 121 OF PLATS, PAGES 97-100, RECORDS OF KING COUNTY;
THENCE S 89°02'26" E ALONG THE SAID SOUTH LINE FOR 4.75 FEET;
THENCE S 19°44'12" W FOR 25.43 FEET;
THENCE S 19°16'42" W FOR 39.00 FEET TO THE BEGINNING OF A TANGENT CURVE
HAVING A RADIUS OF 10.00 FEET;
THENCE ALONG SAID TANGENT CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE
OF 56°59'11", FOR AN ARC LENGTH OF 9.95 FEET;
THENCE S 37°42'29" E FOR 74.02 FEET TO THE BEGINNING OF A TANGENT CURVE
HAVING A RADIUS OF 10.00 FEET;
THENCE ALONG SAID TANGENT CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE
OF 40°29'14", FOR AN ARC LENGTH OF 7.07 FEET;
THENCE S 02°46'45" W FOR 20.34 FEET TO A POINT IDENTIFIED AS POINT"B"AS
RECORDED UNDER AUDITOR'S FILE NUMBER 20130627001195, SAID POINT
HEREINAFTER REFERRED TO AS POINT 1, ALSO BEING THE TRUE POINT OF BEGINNING
OF SAID CENTERLINE 1;
THENCE CONTINUING S 02°46'45"W FOR 142.39 FEET;
THENCE S 07°25'21" W FOR 141.93 FEET;
THENCE S 16°12'38" E FOR 210.50 FEET;
THENCE S 05°21'39" E FOR 127.58 FEET;
THENCE S 00°51'26" W FOR 230.23 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT 2;
PROJECT NO: 1005482 0 �`
PREPARED BY SRW
DATE: 06/29/2020 (REV. 3) SURVEY & MAPPING
(SHEET 1 OF 2) 13221 S.E.26TH STREET,SUITE A,BELLEVUE,WA 98005
TEL:(425)146-3200 WWW.APSSM.COM
PSE Easement 2014
WO#101085214,RW-114294
Page 5 of 9
i
Instrument Number: 20200806001532 Document:AG Rec: $227.00 Page-18 of 21
Record Date:8/6/2020 1:30 PM King County,WA
THENCE CONTINUING S 00°51'26"W FOR 115.55 FEET;
THENCE S 25°35'32" W FOR 31.51 FEET;
THENCE S 66°32'47" W TO THE NORTH MARGIN OF 26TH STREET NE
FOR 50.14 FEET, MORE OR LESS, TO THE TERMINUS OF SAID CENTERLINE 1.
THE SIDELINES OF SAID STRIP OF LAND ARE TO BE TERMINATED OR SHORTENED TO
BEGIN OR END ON THE NORTH MARGIN OF 26TH STREET NE AND TO MEET AT ANGLE
POINTS.
CONTAINING 5,128 SQUARE FEET, MORE OR LESS.
TOGETHER WITH A STRIP OF LAND, 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE 2;
COMMENCING AT THE AFORESAID POINT 2;
THENCE N 89°08'34" W FOR 7.50 FEET TO THE TRUE POINT OF BEGINNING OF SAID
CENTERLINE 2;
THENCE S 00°51'26" W FOR 115.00 FEET TO THE TERMINUS OF SAID CENTERLINE 2.
CONTAINING 1,150 SQUARE FEET, MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS THE WASHINGTON
STATE PLANE COORDINATE SYSTEM(NORTH ZONE), NAD 83(91).
WZ-9/2_02o
t
R.
A.* ck 0.
4 r
I
r s
l5 52613
00,
PROJECT NO: 1005482 iG
PREPARED BY SRW
DATE: 06/29/2020 (REV. 3) _ SURVEY & MAPPING
(SHEET 2 OF 2) 13221S.E.26TH'STREET,SUITEA.BELLEVUE,WA 98005
TEL (425)746-3202 WWW.APSSM,COM
PSE Easement 2014
WO#101085214,RW-114294
Page 6 of 9
[nstrument Number:20200806001532 Document:AG Rec: $227.00 Page-19 of 21
accord Date:8/6/2020 1:30 PM King County,WA
EASEMENT EXHIBIT B1
SE 1/4 SEC. 06, T21 N, RO5E, W.M.
SW COR.OF LOT 123 OF
RIVERPARK ESTATES VOL.
121,PGS 97-100 L1 Curve Table
L2----1;:-/t/ SOUTH LINE OF THE Curve # Length Radius Delta
JJ r ' NORTH 157.00'FEET OF
/,, THE W.BRANNON DLC Cl 9.95' 10.00' 56'59'11"
// NO.37 C2 7.07' 10.00' 40'29'14"
/A._L3 Line Table
j
/ -. Line # Direction Length
j r C1 L1 589'02'26"E 4.75'
L2 S19'44'12"W 25.43'
K \ , ,a , i
, \\ ,�w L3 51916'42"W 39.00'
\� \ L4 S37'42'29"E 74.02'
\\ \� L5 52'46'45"W 20.34'
\L4 \\ •.
L6 S2'46'45"W 142.39'
\` \ `\\
\ C2
\
\ ; 1 L5
\ I(til....—L5
"B"PEIR AFN:
201306270011195
T.P.O.B.CENTERLINE 1 s3 R. Jp
HEREINAFTER KNOWN AS POINT 1 t' 0,n,0Y w4�f•'�.Q5
O. ,
AND MATCHLINE I 0•� 3,
Iii
k.I 05 brut LSD
' v,, ir
o./ZQ�2-DZU
,, in L6
0 20' 40' 'N
(-1SCALE: 1"=40' o i
W
PROJECT NO: 1005482 s;
Ait
PREPARED BY SRW
DATE: 06/29/2020 (REV. 3) SURVEY & MAPPING
(SHEET 1 OF 3) 13221 S.E.26TH STREET,SUITE A.BELLEVUE,WA 98005
TEL.(4251 746-3200 WWW.APSSM.COM
PSE Easement 2014
WO#1 01 0852 14,RW-114294
Page7of9
i
Instrument Number:20200806001532 Document:AG Rec: $227.00 Page-20 of 21
Record Date:8/6/2020 1:30 PM King County,WA
EASEMENT EXHIBIT BI
SE 1/4 SEC. 06, T21 N, R05E, W.M.
L- - -- — - --- ` - --
T.P.O.B.CENTERLINE 1 MATCHLINE
HEREINAFTER KNOWN AS POINT 1 L7&L8
AND MATCHLINE i \
1•-
w `
w �
N
w
W
O
1
in L6 0:\
+ i ` L8
Line Table rn
Line # Direction Length `,
0 20'
SCALE: 1"=40' I L6 S2'46'45'W 142.39' \
L7 S7'25'21"W 141.93' \
IL8 S16'12'38"E 210.50' 1
L9 S5'21'39"E 127.58' \
,cdT// 877717i�Diof//AA\\.\� I
n� L7 MATCHLINE
L8&L9
Tusil
�"��` r
't ' II
\ LS 52843/ '. I
j4V4L LOD . I
'iiiv\\\\ \\\\ / / / ///AO 1
2-9 2.020 (::" e
MATCHLINE '`'
L7&L8AV �l#e
PROJECT NO: 1005482 SURVEY & MAPPING
PREPARED BY SRW c.(cent;on.)1 Service '-ras 'ic So:;,da'es
13221 S.E.26TH STREET,SUITE A,BELLEVUE,WA 98005
DATE: 06/29/2020 (REV. 3) (SHEET 2 OF 3) TEL (426)746-3200 WWW.APSSM.COM
PSE Easement 2014
WO#101085214,RW-114294
Page 8 of 9
Instrument Number:20200806001532 Document:AG Rec: $227.00 Page-21 of 21
tecord Date:8/6/2020 1:30 PM King County,WA
EASEMENT EXHIBIT B1
SE 1/4 SEC. 06, T21 N, RO5E, W.M.
MATCHLINE MATCHLINE L10
L8&L9 L10&L11
i I
I i
i I
I �
T.P.O.B.CENTERLINE 2
I i
Line Table
Line # Direction Length ' /HEREINAFTER
/ KNOWN
rn L9 L9 S5'21'39"E 127.58' 5' �AS POINT 2
2- I 5, � 1_14
L10 S0'51'26"W 230.23' I Z
w
L11 S0'51'26"W 115.55' , N
L12 S25'35'32"W 31.51'
I w
L13 566'32'47"W 50.14'
L14 N89'08'34"W 7.50' I inin
L15 50'51'26"W 115.00' I I �--L11
L15—�
0 20' 40'
SCALE: 1"=40' Root * 4co (LV4 91. '1
d I
CENTERLINE 1 I / 515'
40sz:ffs.28:001
L12
icittr. Lao
zozo
L13
I -
26TH STREET N.E.
MATCHLINE II L10
L108,01
•
PROJECT NO: 1005482 ' SURVEY & MARRING
PREPARED BY SRW Exceptional Ser,e '-las No Boundaries
13221 S.E.26TH STREET,SUITE A,BELLEVUE,WA 98005
DATE: 06/29/2020 (REV. 3) (SHEET 3 OF 3) TEL:(425)746-3200 WWW.APSSM.COM
PSE Easement 2014
WO#101085214,RW-114294
Page 9of9