DEED AND DEDICATION FOR PUBLIC RIGHT OF WAY

Transcription

1 TO : BOARD OF DIRECTORS FROM : GARY PLATT, EXEC. DIRECTOR BUSINESS AND OPERATIONS SUBJECT : CITY OF STANWOOD CONSTRUCTION EASEMENT AND RIGHT-OF-WAY DEDICATION DATE : MARCH 17, 2009 TYPE : ACTION NEEDED The City of Stanwood is planning to make improvements to the intersection of 68 th Avenue NW and 280 St. NW serving Cedarhome Elementary School. The changes are designed to improve the flow of buses, parent vehicles, and pedestrians into the school. The work is scheduled to begin this spring and be completed before school starts this fall. Work affecting school property will be minimal until after summer vacation begins. I have reviewed the plans with appropriate members of school district staff and with our school district attorney. Recommendation: We recommend the board move to approve the right-of way dedication easement, the construction easement, the drainage easement, and the wetlands easement documents provided by the City of Stanwood as attached. Board memos

2 After Recording Return to: CITY OF STANWOOD th STREET NW STANWOOD, WA DEED AND DEDICATION FOR PUBLIC RIGHT OF WAY Grantor: STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 Grantee: CITY OF STANWOOD Legal Description: Ptn of SW¼ NE¼ and SE¼ NW¼, Snohomish County, WA Add'l on p. 1-2 Tax Parcel No: Ptn of THE GRANTOR, STANWOOD-CAMANO SCHOOL DISTRICT NO. 401, a municipal corporation of the State of Washington, which acquired title as STANWOOD SCHOOL DISTRICT NO. 401, for and in consideration of TEN DOLLARS and other valuable consideration, in hand paid, conveys, warrants and dedicates to the CITY OF STANWOOD, a municipal corporation of the State of Washington, the followingdescribed real estate, situate in the County of Snohomish, State of Washington, together with all after-acquired title of the Grantor therein for use as a public right of way, to the same extent and purpose as if the rights herein granted had been acquired under the Eminent Domain statute of the State of Washington: THE WEST 30 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 32 NORTH, RANGE 4 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON, EXCEPT THE NORTH 20 FEET THEREOF; CONTAINING 18,457 SQUARE FEET, OR ACRES, MORE OR LESS. TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 32 NORTH, RANGE 4 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: SW /Cedarhome Elem Dedication

3 COMMENCING AT THE CENTER OF SAID SECTION 20; THENCE NORTH WEST, ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 20, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH EAST, ALONG SAID NORTH/SOUTH CENTERLINE, A DISTANCE OF 4.41 FEET TO THE SOUTHEASTERLY RIGHT OF WAY OF AN EXISTING COUNTY ROAD AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH EAST, ALONG SAID NORTH/SOUTH CENTERLINE, A DISTANCE OF FEET TO A POINT WHICH LIES FEET FROM THE AFORESAID CENTER OF SECTION; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE NORTHWESTERLY ALONG A NONTANGENT CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS PONT BEARS SOUTH WEST, A DISTANCE OF 25 FEET, THROUGH A CENTRAL ANGLE OF , AN ARC DISTANCE OF FEET; THENCE SOUTH WEST, FEET; THENCE NORTH WEST, FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF AN EXISTING COUNTY ROAD; THENCE NORTHEASTERLY ALONG A NONTANGENT CURVE, CONCAVE TO THE NORTHWEST WHOSE RADIUS POINT BEARS NORTH WEST, A DISTANCE OF FEET, THROUGH A CENTRAL ANGLE OF , AN ARC DISTANCE OF FEET TO THE TRUE POINT OF BEGINNING. EXCEPT PORTION DEEDED TO COUNTY OF SNOHOMISH BY DEED RECORDED UNDER RECORDING NUMBER CONTAINING 3,500 SQUARE FEET, OR ACRES, MORE OR LESS. SITUATE IN THE CITY OF STANWOOD, COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SUBJECT TO: Easements, covenants, restrictions and reservations of record. SW /Cedarhome Elem Dedication

4 DATED this day of, STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 By Its (print name) (title) STATE OF WASHINGTON ) )ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, (Legibly print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires ACCEPTED, CITY OF STANWOOD By DIANNE WHITE, Mayor SW /Cedarhome Elem Dedication

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7 After Recording Return to: CITY OF STANWOOD th STREET NW STANWOOD, WA TEMPORARY CONSTRUCTION EASEMENT Grantor: STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 Grantee: CITY OF STANWOOD Legal Description: Ptn SW¼ NE¼, , Snohomish Cty, WA Add'l on p. 1-2 & 5-6 Tax Parcel No: Ptn of WHEREAS, STANWOOD-CAMANO SCHOOL DISTRICT NO. 401, which acquired title as STANWOOD SCHOOL DISTRICT NO. 401, a municipal corporation of the State of Washington, hereinafter Grantor, is the owner of the followingdescribed property: hereinafter the "District Property"; and See EXHIBIT A attached hereto and incorporated herein by this reference WHEREAS, CITY OF STANWOOD, a municipal corporation of the State of Washington, hereinafter "Grantee," requires access to a portion of the District Property for purposes of constructing right of way improvements on 68 th Avenue Northwest, realigning Grantor s access to the District Property, altering the drainage system for the property and performing wetlands mitigation; NOW, THEREFORE: For and in consideration of the mutual benefits to the parties hereto and the covenants contained herein, the parties covenant and agree as follows: Grantor conveys and grants to the Grantee, its successors and assigns and its contractors, agents, permittees and licensees, a temporary construction easement for ingress and egress and the other purposes described below, over, under, through, across, in and upon the following-described property: SW /Cedarhome TCE

8 THE WEST 240 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 32 NORTH, RANGE 4 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON, EXCEPT THE NORTH 20 FEET THEREOF, AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO THE CITY OF STANWOOD FOR RIGHT OF WAY. hereinafter the "Easement Property," including the right, privilege and authority to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Use the Easement Property for activities associated with the 68 th Avenue NW Road Extension project; Store construction materials on the temporary construction easement area; Park construction equipment on the temporary construction easement area; Excavate soils and alter slopes and grades within the Easement Property in conformance with all required permits; Disturb, replant and restore wetlands in conformance with all required permits; Relocate and/or replace drainage facilities including catch basins, pipes and culverts and install new drainage facilities; Relocate existing underground and overhead utilities including, but not limited to, electrical and lighting facilities; Relocate existing rockeries and install new rockeries; Cut trees, brush and other vegetation located within the Easement Property that interfere with or obstruct the activities permitted under this Easement; Relocate and realign the District s accesses to 68 th Avenue NW; Restore the construction easement area upon completion of the project, including replacement of landscaping; and such other activities delineated on and in conformance with the 68 th Avenue NW Road Extension Plans on file with the City of Stanwood Public Works Department. This Temporary Construction Easement is subject to the following terms and conditions: SW /Cedarhome TCE

9 1. The Temporary Construction Easement shall take effect upon full execution of this agreement and shall continue in full force and effect until October 1, Upon completion of Grantee s use of the Easement Area, Grantee shall restore any portion of the Easement Property disturbed by Grantee s activities as near as reasonably possible to the condition prior to Grantee s entry, except for areas to be permanently changed in accordance with the plans for the 68 th Avenue NW Road Extension project on file with the City Engineer. 3. Grantee shall pay all costs of Grantee's improvements and the restoration of the Easement Property. 4. Grantee shall indemnify, defend, protect and save Grantor harmless from and against any and all claims and/or damage to or loss or destruction of property whatsoever suffered by Grantor caused by the Grantee s activities on the Easement Property; PROVIDED, however, the Grantee shall not be so obligated in the event of negligence of the Grantor, its tenants, licensees and invitees causing personal injury, damage, loss or destruction of property. 5. In any proceeding brought to enforce this agreement or to interpret or determine the rights of the parties under this agreement, the prevailing party shall be entitled to collect, in addition to any judgment awarded by a court, a reasonable sum as attorneys fees, and all costs and expenses incurred in connection with such a lawsuit, including attorneys fees, costs, and expenses of any appeal of a judgment. For purposes of this agreement, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both parties are awarded judgment. The term proceeding shall mean and include arbitration, administrative, bankruptcy and judicial proceedings including appeals. 6. The terms and conditions of this easement shall be binding upon all parties hereto, their heirs, successors and assigns, and all persons claiming by, through or under them. DATED this day of, STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 Grantor By SW /Cedarhome TCE

10 Superintendent (print name) STATE OF WASHINGTON ) )ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Superintendent of STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, (Legibly print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires ACCEPTED this day of, CITY OF STANWOOD By DIANNE WHITE, Mayor SW /Cedarhome TCE

11 EXHIBIT A Page 1 SW /Cedarhome TCE

12 EXHIBIT A Page 2 EXCEPT the following-described property conveyed to the City of Stanwood: THE WEST 30 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 32 NORTH, RANGE 4 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON, EXCEPT THE NORTH 20 FEET THEREOF; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 32 NORTH, RANGE 4 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 20; THENCE NORTH WEST, ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 20, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH EAST, ALONG SAID NORTH/SOUTH CENTERLINE, A DISTANCE OF 4.41 FEET TO THE SOUTHEASTERLY RIGHT OF WAY OF AN EXISTING COUNTY ROAD AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH EAST, ALONG SAID NORTH/SOUTH CENTERLINE, A DISTANCE OF FEET TO A POINT WHICH LIES FEET FROM THE AFORESAID CENTER OF SECTION; THENCE SOUTH WEST, A DISTANCE OF FEET; THENCE NORTHWESTERLY ALONG A NONTANGENT CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS PONT BEARS SOUTH WEST, A DISTANCE OF 25 FEET, THROUGH A CENTRAL ANGLE OF , AN ARC DISTANCE OF FEET; THENCE SOUTH WEST, FEET; THENCE NORTH WEST, FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF AN EXISTING COUNTY ROAD; THENCE NORTHEASTERLY ALONG A NONTANGENT CURVE, CONCAVE TO THE NORTHWEST WHOSE RADIUS POINT BEARS NORTH WEST, A DISTANCE OF FEET, THROUGH A CENTRAL ANGLE OF , AN ARC DISTANCE OF FEET TO THE TRUE POINT OF BEGINNING. EXCEPT PORTION DEEDED TO COUNTY OF SNOHOMISH BY DEED RECORDED UNDER RECORDING NUMBER SITUATE IN THE CITY OF STANWOOD, COUNTY OF SNOHOMISH, STATE OF WASHINGTON. SW /Cedarhome TCE

13 AFTER RECORDING RETURN TO: CITY OF STANWOOD th STREET NW STANWOOD, WA DRAINAGE FACILITIES EASEMENT Grantor: STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 Grantee: CITY OF STANWOOD Legal Description: Ptn SW¼ NE¼, , Snohomish Cty, WA Add'l on p. 1-2 Tax Parcel No: Ptn of THIS INDENTURE made this day of, 2009, between STANWOOD-CAMANO SCHOOL DISTRICT NO. 401, a municipal corporation of the State of Washington, which acquired title as STANWOOD SCHOOL DISTRICT NO. 401, hereinafter referred to as "Grantor," and the CITY OF STANWOOD, a municipal corporation of the State of Washington, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of certain lands and premises situated in the County of Snohomish, State of Washington, described as follows: and, THE WEST 50 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 32 NORTH, RANGE 4 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON, EXCEPT THE NORTH 20 FEET THEREOF, AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO THE CITY OF STANWOOD FOR RIGHT OF WAY. WHEREAS, the 68 th Avenue NW Road Extension project requires installation of catch basins, culverts, outfall protection, and storm water and drainage pipes, within the areas of the above-described property depicted on the project plans for the 68 th Avenue NW Road Extension project on file with the City Engineer, which areas are hereinafter referred to as the Easement Areas ; NOW, THEREFORE, For and in consideration of the mutual benefits to the parties hereto and the covenants contained herein, the parties covenant and agree as follows: SW /Cedarhome DF Easement

14 Grantor conveys and grants to the Grantee, its successors and assigns and its contractors, agents, permittees and licensees, the perpetual right, privilege and authority to construct, alter, improve, repair, operate and maintain catch basins, culverts, outfall protection, and storm water and drainage pipes and such other drainage facilities and appurtenances as Grantee shall deem necessary for drainage purposes and to manage storm water within the Easement Areas; TOGETHER WITH the right at any time to remove said facilities from said lands; AND TOGETHER WITH the right of ingress to and egress from said lands across adjacent lands of the Grantor, for the purpose of constructing, reconstructing, repairing, renewing, altering, changing, patrolling and operating said facilities, subject to Grantee s obligation to restore any damage caused by Grantee s entry upon such adjacent lands as near as reasonably possible to their condition prior to Grantee s entry thereon. The rights, title, privileges and authority hereby granted shall continue to be in force until such time as the Grantee, its successors or assigns, shall permanently remove said facilities and appurtenances from said lands, or shall otherwise permanently abandon said facilities, at which time all such rights, title, privileges and authority hereby granted shall terminate. Grantee shall indemnify, defend, protect and save Grantor harmless from and against any and all claims and/or damage to or loss or destruction of property whatsoever suffered by Grantor caused by the exercise of Grantee s rights hereunder; PROVIDED, however, the Grantee shall not be so obligated in the event of negligence of the Grantor, its tenants, licensees and invitees causing personal injury, damage, loss or destruction of property. In any proceeding brought to enforce this agreement or to interpret or determine the rights of the parties under this agreement, the prevailing party shall be entitled to collect, in addition to any judgment awarded by a court, a reasonable sum as attorneys fees, and all costs and expenses incurred in connection with such a lawsuit, including attorneys fees, costs, and expenses of any appeal of a judgment. For purposes of this agreement, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both parties are awarded judgment. The term proceeding shall mean and include arbitration, administrative, bankruptcy and judicial proceedings including appeals. This conveyance shall be a covenant running with the land, and shall be binding on the Grantor and its heirs, successors and assigns forever. SW /Cedarhome DF Easement

15 DATED this day of, STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 Grantor By Superintendent (print name) STATE OF WASHINGTON ) )ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Superintendent of STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, (Legibly print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires ACCEPTED this day of, CITY OF STANWOOD By DIANNE WHITE, Mayor SW /Cedarhome DF Easement

16 After Recording Return to: CITY OF STANWOOD th STREET NW STANWOOD, WA WETLANDS MONITORING AND MAINTENANCE EASEMENT Grantor: STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 Grantee: CITY OF STANWOOD Legal Description: Ptn SW¼ NE¼, , Snohomish Cty, WA Add'l on p. 1-2 Tax Parcel No: Ptn of This Wetlands Monitoring and Maintenance Easement is entered by and between STANWOOD-CAMANO SCHOOL DISTRICT NO. 401, a municipal corporation of the State of Washington, which acquired title as STANWOOD SCHOOL DISTRICT NO. 401, hereinafter Grantor, and the CITY OF STANWOOD, a municipal corporation of the State of Washington, hereinafter "Grantee"; WITNESSETH: WHEREAS, the 68 th Avenue NW Road Extension project requires Grantee to disturb wetlands located within a portion of the following-described property of Grantor: THE WEST 240 FEET OF THE SOUTH 350 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 32 NORTH, RANGE 4 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON, EXCEPT THE NORTH 20 FEET THEREOF, AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO THE CITY OF STANWOOD FOR RIGHT OF WAY. depicted on the project plans for the 68 th Avenue NW Road Extension project on file with the Stanwood City Engineer and described in U.S. Army Corps of Engineers permit no. NWS NO and Washington Department of Fish and Wildlife Hydraulic Project Approval Control Number (hereinafter collectively referred to as the Permits ), which wetlands portion of the above described property is hereinafter referred to as the "Easement Property"; and SW /Cedarhome Wetlands Easement

17 WHEREAS, the Permits require ongoing monitoring and maintenance of the Easement Property after completion of construction of the 68 th Avenue NW Road Extension project; NOW, THEREFORE, For and in consideration of the mutual benefits to the parties hereto and the covenants contained herein, the parties covenant and agree as follows: Grantor conveys and grants to the Grantee, its successors and assigns and its contractors, agents, permittees and licensees, an easement for purposes of monitoring and maintenance of the Easement Property in compliance with the Permits, including the right and obligation of Grantee to undertake all activities required by the Permits for the duration of the maintenance period specified in the Permits; TOGETHER WITH the right of ingress to and egress from the Easement Property over adjacent lands of Grantor as may be reasonably required to exercise the rights granted hereunder, subject to Grantee s obligation to restore any damage caused by Grantee s entry upon such adjacent lands as near as reasonably possible to their condition prior to Grantee s entry thereon. Grantor further covenants with Grantee that Grantor shall take no action or allow any person or entity acting within Grantor s control to take any action that violates the Permits, or either of them, or which interferes with Grantee s activities in performance of any requirement of the Permits, or damages plantings or Grantee s other mitigation efforts pursuant to the Permits. Grantee shall be entitled to erect such signs, fences or other barriers to protect the wetlands area as may be required by the Permits. This easement shall take effect upon full execution of this agreement and shall continue in full force and effect until December 31, 2016, or until all of Grantee s obligations under the Permits have been satisfied, whichever occurs later. Grantee shall pay all costs of Grantee's wetlands monitoring and maintenance activities. Grantee shall indemnify, defend, protect and save Grantor harmless from and against any and all claims and/or damage to or loss or destruction of property whatsoever suffered by Grantor caused by the exercise of Grantee s rights hereunder; PROVIDED, however, the Grantee shall not be so obligated in the event of negligence of the Grantor, its tenants, licensees and invitees causing personal injury, damage, loss or destruction of property. In any proceeding brought to enforce this agreement or to interpret or determine the rights of the parties under this agreement, the prevailing party shall be entitled to collect, in addition to any judgment awarded by a court, a reasonable sum as attorneys fees, and all costs and expenses incurred in connection with such a lawsuit, including attorneys fees, costs, and expenses of any appeal of a judgment. For purposes of this agreement, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both parties are awarded judgment. The term proceeding shall mean and include arbitration, administrative, bankruptcy and judicial proceedings including appeals. SW /Cedarhome Wetlands Easement

18 The terms and conditions of this easement shall be binding upon all parties hereto, their heirs, successors and assigns, and all persons claiming by, through or under them. DATED this day of, STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 Grantor By Superintendent (print name) STATE OF WASHINGTON ) )ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Superintendent of STANWOOD-CAMANO SCHOOL DISTRICT NO. 401 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, (Legibly print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires ACCEPTED this day of, CITY OF STANWOOD By DIANNE WHITE, Mayor SW /Cedarhome Wetlands Easement