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Home My WebLink About5623 RESOLUTION NO. 5623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN ACCESS EASEMENT IN FAVOR OF KING COUNTY FOR ACCESS ACROSS A PORTION OF CITY OWNED PROPERTY—TRACT E OF AUBURN 40 P.U.D. WHEREAS, the City of Auburn owns Tract E of Auburn 40 P.U.D, real property, also designated as King County parcel number 030140-2420; and WHEREAS, King County needs access across a portion of the City property in order to access property it owns; WHEREAS,granting the Access Easement to King County will allow King County access to County-owned property, which contains levees along the Green River and is therefore in the public interest to grant such access that does not diminish the City's property rights; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,RESOLVES as follows: Section 1. The Mayor is authorized to execute an Access Easement in favor of King County,which easement will be in substantial conformity with the easement attached. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this Resolution. Resolution No.5623 10/26/2021 Page 1 of 2 Rev.2020 Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: November 15, 2021 CITY OF AUBURN 1lk .i.4 .4. A.. - ANCY : I , MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Resolution No. 5623 10/26/2021 Page 2 of 2 Rev.2020 Record Date:11/30/2021 4:41 PM ectronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY LEAH BOGNOSON,DEPUTY Recording Requested By and When Recorded Return to: King County Water and Land Resources Division Open Space Acquisitions 201 South Jackson Street, Suite 5600 Seattle, WA 98104 ACCESS EASEMENT Grantor: City of Auburn, a municipal corporation Grantee: King County,a political subdivision of the State of Washington Legal Description(abbreviated):Trt E Subdivision: Auburn 40 P.U.D. Assessor's Tax Parcel Number:portion of 030140-2420 The undersigned City of Auburn, a municipal corporation of the State of Washington,its successors and assigns (the"Grantor"), for and in consideration of mutual benefits and other valuable considerations,the receipt and sufficiency of which is hereby acknowledged, hereby conveys and grants to King County, a political subdivision of the State of Washington, its employees, contractors or guests (the "Grantee") an easement for ingress and egress over, across, along a portion of the following described property (the"Property"): TRACT E, AUBURN 40 P.U.D., ACCORDING TO PLAT RECORDED IN VOLUME 255 OF PLATS, PAGES 51 THROUGH 58 AND RECORDED UNDER RECORDING NO. 20100826001442,RECORDS OF KING COUNTY, WASHINGTON. Said portion of the Property being legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein, ("the Easement Area"). The easement is for the benefit of the following described property (the"Benefitted Property"): PARCEL A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA-17- 0014,RECORDED UNDER RECORDING NO. 20180719900022. King County/City of Auburn—Access Easement-Page 1 of 7 DacVorlfy ID: 97688Ek1.991F-d3C3.9608 CC9E67808ED3 I Page 1..of 7_ _.. T 1CC9E67808ED3_1 ,III www.doovedfy.com 6Sa� :ord Date:11/30/2021 4:41 PM King County,WA Grantor and Grantee,by accepting and recording this access easement(the "Easement"), mutually covenant and agree as follows: Grantee, and its employees,agents, contractors and invitees shall have the right to use the Easement Area for non-vehicular and vehicular ingress and egress to the Benefitted Property. In its exercise of the rights herein granted, Grantee shall minimize its impacts to the Easement Area and shall promptly restore any damage arising from its activities or its agents' activities within the Easement Area. Grantee shall not disturb or destroy any landscaping features, fencing, structures, improvements, or other features located outside of the Easement Area on the remainder of the Property. Grantee covenants to take reasonable accommodations to minimize noise impacts to the surrounding neighborhood when accessing the Easement Area, including but not limited to restricting the use of motorized vehicles or equipment on or across the Easement Area to between the hours of 7am to 7pm unless in response to an emergency situation. Grantor reserves the right to use the Easement Area for purposes consistent with the rights herein granted. Grantor shall not undertake any activity or erect any fence or other structure which would eliminate Grantee's access to the Benefitted Property through the Easement Area. To the extent permitted by law, each party shall protect, defend, indemnify and save harmless the other party, its officials, employees and agents, from any and all costs, expenses,claims,actions, suits, liability, loss,judgments, attorneys' fees and/or awards of damages arising out of or in any way resulting from the indemnifying party's,or its officials', employees' or agents' negligent acts, errors or omissions related to the Easement Area or any improvements therein. If such costs,expenses, claims, actions, suits,liability, loss,judgments, attorneys' fees and/or awards of damages are caused by, or result from,the concurrent negligence of the parties, or their officials, employees and agents,this Section shall be valid and enforceable only to the extent of the negligence of each party, its officials, employees and agents. If either party shall bring an action to enforce the terms of this Easement in any such action the prevailing party shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. Said costs and attorneys' fees shall include,without limitation, costs and attorneys' fees incurred in any appeal or in any proceedings under any present or future federal bankruptcy, forfeiture or state receivership or similar law. The hourly rates for any award of attorneys' fees will be calculated based on the rate that would be charged for the services provided by an attorney who is in'private practice, of the same expertise and experience as the prevailing party's attorney(s). This Easement shall be governed by and construed and enforced in accordance with the laws of the State of Washington. This Easement may be executed in multiple counterparts, all of which taken together shall constitute one and the same instrument. King County/City of Auburn—Access Easement-Page 2 of 7 OocVt;;;ID:19788[3E9.991F-08C3-9808•CC9E57808E03 'III ,I II 7_ _Pam 2 of,7 .T. 2CC9E67608E03 l www.doevorlfy.com ord Date:11/30/2021 4:41 PM King County,WA Effective as of this\'S`lay ofc\tti\r,,..x,, 2021. GRANTOR: City of Auburn, a municipal corporation of theheState of Washington. BY: ``" Name: Rh .. �3 Title: t b� GRANTEE: King County, a political subdivision of the State of Washington. BY: (oc. Department of Natural Resources &Parks Name: Josh Baldi Title: WLR Division Director King County/ City of Auburn—Access Easement- Page 3 of 7 DocVerIfy ID;187866E13-991F-46C3.9B08-CC9E67606E03 i page 3 of 7 3CC9E67606ED3 ,IIItall II 1 www docverity.com ord Date:11/30/2021 4:41 PM King County,WA STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that c Q..es ,.\. c,\11v‘e-% is the person who appeared before me, and said person acknowledged that_he signed this instrument, on oath stated that She is authorized to execute the instrument and acknowledged it as the cs‹-Na o of-'- ..- Q W\°"to be the free and voluntary act of such party for the uses and purposes mentioned in the i�trument. Dated: \N- \ / - 1111k. � � \‘,,\\\\\‘‘‘1j11l Printed name ,t►�CAMitt4, / Notary Public in and for the ►kState of Washington sn T°' Z ^op-' �O = Residing atm?-, % IIt > d� "4113,"'� ,�C,OF WPg �� My appointment expires .3-‘,/ King County/City of Auburn—Access Easement-Page 4 of 7 ocVerfry ID.187868E8.991F-4603-9808-CC9E57606E07 ,III EM 'I II ww docventy cornPage 4 of 7 4CC9E57606ED3 ord Date:11/30/2021 4:41 PM King County,WA STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Josh Baldi 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 instrument and acknowledged it as the WLR Division Director of the Department of Natural Resources and Parks of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 10/21/2021 Dated: L .i ,__. .UL1E SANDERS NOTARY PUBLIC STATE OF WASHINGTON .402146914107 Julie Sanders ommissIon#192661 ijy Commission Expires May 31,2025 c, Printed name Notary Public in and for the State of Washington Residing at Tacoma My appointment expires 5/31/2025 Notarial act performed by audio-visual communication King County/ City of Auburn—Access Easement-Page 5 of 7 ocVorifyID:1B786BE8-891E-4603-9808-CC9687606E03 L. paile6.of7-------__...r 6CC9E67806ED37 ,IIIS� . _'I III ww.dooverIfy.com 6� rt :ord Date:11/30/2021 4:41 PM King County,WA EXHIBIT A LEGAL DESCRIPTION—THE EASEMENT AREA All that portion of the hereinabove described Tract E, Open Space, Auburn 40 P.U.D. lying northwesterly of a line connecting the east corner of Lot 167 and the northeast corner of Tract E of said plat. Situate in the Southeast Quarter of the Southeast Quarter of Section 31,Township 22 North, Range 5 East, Willamette Meridian,King County, Washington. Containing 6,350 sq. ft., more or less. King County/City of Auburn—Access Easement-Page 6 of 7 >ocVe :rltylU:1C�7$OOEB.081F•�tOC3.OD08-CC8697808ED3 Page B of 7 I ��- ...__[. 8CC8E67808ED[1 IIII 111111 (ww.doevedfy.cern 3 ord Date:11/30/2021 4:41 PM King County,WA EXHIBIT B MAP OF EASEMENT AREA C.O.A. BLA#17-0014 REC. NO. 2016071 01;102 PARCEL A PARCEL B APN000420-0018 APN0100420-004 KING COUNTY st PORT OF -SEATTLE PARKS (888'48'54314?-60111-6014) NE CO RIBtR • "- --- N8934'80W TRACT g 16 TRACT B CITY or AUBURN 1489134450V I ittkii? Amo994eo-0016 KING COUNTY es,00 ,30.00 frilt:7425101V 1100 / PARkg A NOS014:-eigst APN030140.4690 % ',- :144cT E . tiumAs, JUDY 71 50 „ ts"?.. APN030140-16$30 *11" , . ' '. ' '..' " ... • KING COUNTY-WLR4 1 ,,,, e, 10071 169 ti Ftrms - .4,/ , , 4? LOT 188 ACCESS , 9' - iv. . ' lit a EASEMENT ,IAUBURN 40 P.U.D. ,.., e? ikt) 1 • V255, PO512, 4' ? , ' 3492 • A wA -• RKrrNt4s138140UVTIY6:7"$ I LRB V EAST CORNER , 4rt LOT 16?LOT 167 ,,,,Its ' -4-4, 0, APipa ' . 44* Aitc t0 APN43040-8$120 AUBURN 40 P.U1). ,24A PDS/ CITY OF AUBURN TRACT E GRAPHIC SCItt.E NOTES -ip kir, 40 8h l',.) SEE WRITTEN I„E'eAL DESORPTION. 2J MERIDIAN! AUBURN 40 P.U,D. Vi,..,..14% icr.w covirry Ammer mar- 208-0y-mocomesi Or 4V''' 4 5 DRPT OF LOCAL, SERVICES 2°6-2°471°OFAX) , S/40 .,, /4.i...,,,4,,,,i, p• ' : Mt .,' liti$ ROADS DIVISION , T.P1):'4' f VI “201 ova 4171,61 4 AWN*1M' CITY OF AUBURN A eZ-rESS EASEMENT - sR 1/4sE T22 SEC 31 .1 4. , 1V, 1i6EKM , . s*'"•4742; 10)Y,'.. ' ;' , . / : -441,,,, .... q.,...... • ;., • . ; • - v .. pr, warbvfami,..„rojimmis, . 04 21 LIMIREPTI,VAZEll • 0 ,.7,vy,4 1-1,,, INA ificoor,,,I. „; iv pgiimaima, 4144,,,,,,,,..............,.....„,i0 21060_Extt0w LTL I‘ H 0 IWO.' King County/City of Auburn—Access Easement-Page 7 of 7 tuttmatuuttetamununtalutnantutummatratar.M1,11..141111111M111 IhMarn..4.12.1131.1211111,1111,11.111,VIMILM UM.=.11,4114114.1...,mn.t.-tannawata.11.1.111.wattmeret.4 4montruvutnntuuul 114=11119.1.111.1111.1W1111.1=91911:04.111.61111.4.1.1.1tM211.1.1.t.ttaIrrtnnellalULLetAteinr211111i114141Ulke 1114,26144.111 INIJZZ121.4%.1143.1tMitatINM x:Verlfy ID:113786DEB-0911,-46C34B08-CC9E1•7008CD3 Page 7 of 7 1 7CC9E57608ED3 I 11111 -1.01S11111 i ,,,,,,(loc.:verify com