Loading...
HomeMy WebLinkAboutC20070109 Interlocal Agreement �,. AFTER RECORDING RETURN TO: ENEWURIN Skagit CountyPublic Works Department 200702280189 a u t t g P Skagit County Auditor Faye Ryan 1800 Continental Place 2/28/2007 Page 1 of 7 3:13PM Mount Vernon, WA 98273 SKAGIT COUNTY Contract # C20070109 Page 1 of 7 DOCUMENT TITLE: UTILITY EASEMENT for the purpose of installing luminaries. GRANTOR(S): City of Anacortes, a Washington municipal corporation GRANTEE: Skagit County, a Washington municipal corporation LEGAL DESCRIPTION (abbreviated): PTN S&N RY. WTHN PLT OF MAP OF CITY OF ANACORTES AND TR 6-1/2 AND 7, PLATE 8 ALL IN SEC 11, TWP 35N, R 8E, W.M. TAX I.D. NUMBER/S: 350113-0-041-0012, 350113-0-017-0004, 350113-0-051-0019 PARCEL NUMBER: P31523, P31495, P31534, and other contiguous land within the Kiwanis Waterfront Park UTILITY EASEMENT THE GRANTOR(S), the City of Anacortes, a Washington municipal corporation, owners of the property hereinafter described, for-good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby conveys to the GRANTEE, Skagit County, a municipal corporation of the State of Washington, a perpetual, easement for installation, maintenance and repair of luminaires and appurtenant electrical facilities over, under, upon, and across, and through the parcel of land described in EXHIBIT "A", attached hereto and made a part hereof, which is herein incorporated by reference. The legal description for the easement is described in EXHIBIT "B" and depicted in EXHIBIT "C", attached hereto and made a part hereof, which are herein incorporated by reference. Together with the right to enter upon said land described in Exhibit "A" with all necessary personnel, material, and equipment for the purposes of installing utilities associated with the installation of luminaires, including extensions and improvements thereto, and inspecting, repairing and maintaining said utilities. Provided the Grantee shall get any work approved by the Grantor in writing in advance of the work and shall notify the Grantor at least 24 hours before entry onto the property. The grantor will return the Grantee's property to its original condition after the completion of any work, with the exception of any physical improvements from the work. Page 1 of 7 O r i q \ak +0 `tEiC�. e 1 caca No joint venture or partnership is formed as a result of the Agreement. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, elected officials, or employees, to the fullest extent required by the law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both parties, damages shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this Agreement. This Easement shall commence upon recording of this Easement. This Easement agreement may be executed in any number of counterparts. Should any portion, term, or provision of this Easement be found to be void or unenforceable (by a Court of competent jurisdiction), all other provisions of this Easement shall remain enforceable and binding. This Easement agreement shall be construed under the laws of the State of Washington. Venue shall be in Skagit County, Washington. To Have and to Hold the same, unto the County of Skagit, in the State of Washington. S RE1T I GESTATE EXCISE TA ON FEB 8 2007 {mourn Pal ep uty Skagit co. rer By is2klia0If07cillo02I!2/IRWINIIIIIIIIISKAGIT COUNTY 0 8 9 Contract# C20070109 2/28/2007 Page y Auditor Page 2 of 7 2 of 7 3:l3PM Page 2 of 7 GRANTOR(S): (,� IN WI NESS WHEREOF, the parties have executed this Agreement this ( b day of a)'kf t alli , 2007. CITY OF ANACORTES, a Washington municipal corporation. By: -1 . &-N 411/ Print name: H, ,D< rvI ct, w c i l Title: ✓v) 'iva 2 STATE OF WASHINGTON ss. COUNTY OF SKAGIT On this day k i OW\ V I(1C\K c,IS personally appeared before me To me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that/-the signed the same a j/-her free and voluntary act and deed, and that( /ire is authorized to sign the forgoing instrument, for the uses and purposes therein mentioned. GIVEN under my hand and offici seal this d y of \... ny la , 2007. .��,�~,G``R L 111111,,f, Signed: Nji ( . (L?i1t1.!i Print notary s name: of✓� � ;�`��'o`��� �i Notary Public in and for the State of Washington, 7 te0 f v�< t ‘CO\ S M f_ tii�� p70•tg•�� e residing at: 1 CX-Al VC(non ��1114xf qq8 `�`` h 111111444'4t0� My commission expires _ )0 i ci—J 0 SKAGIT COUNTY III I II II 1111111111 1 1111111 Contract # C20070109 200702280189 Page 3 of 7 Skagit County Auditor 2/28/2007 Page 3 of 7 3:13PM Page 3 of 7 Dated this off day of Fr v� , 2007. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON £y Sharon D. Dillon, Chair Don Munks, Commissioner Kenneth A. Dahlstedt, Commissioner Approved: By: G o Eugene ampley, P.E. Director, County Engineer By: `-'{ ,�'� a I �` Billie Kadrmas Risk anager By: 4 iG4 Trisha Logue, CP Budget & Finance Director Approved as to Form By: Civil Deputy Attest: p6„ c±,a. w,. AC_1© 4 JoAnnc Gicebrccht, Clerk of the oard 111211111101179211911111#9111 III'II�IIIIIIIII'ISKAGIT COUNTYSka 1 $ 9 Contract # C20070109 2/28/2007 Page County Auditor Page 4 of 7 4 of 7 3:13pM Page 4 of 7 EXHIBIT "A" Property Legal Description: That certain tract of land in Section 13, Township 35N, Range 1E, W.M., bounded on the south by the right of way of Great Northern Railway (being that certain strip of land shown and designated upon "Map of the City of Anacortes, Skagit County, Washington", according to the plat recorded in Volume 2 of Plats, page 4, records of Skagit County, as "reserved a right of way for S &N Ry. according to that certain paper writing in escrow with John P. Hoyt date May 28, 1889"); on the North by the meander line; on the East by the West line of Avenue "I', on the West by the East line of Avenue "H"; TOGETHER WITH that portion of the Burlington Northern Railroad as reserved right of way for the S &N Ry. on the plat "Map of the City of Anacortes, Skagit County, Washington" described as follows: Commencing at the Northwest corner of Block 140 of said Plat of Anacortes, thence North 0°33' 39" East along the East right of way line of"I" Avenue 92.68 feet to the Point of Beginning, being an intersection with a curve having a radius point bearing South 6°56'06" East a radial distance 2242.01 feet; thence Southwesterly along the arc of said curve to the radius line through a central angle of 9°57'09" an arc distance of 389.45 feet to the intersection with the East right of way line of"H" Avenue; thence North 0°33'24" East along the Northerly projection of the East right of way of"H" Avenue 104.60 feet to an intersection with a curve having a radius point bearing South 16°07'13" East a radial distance of 2342.01 feet; thence Northeasterly along the arc of said curve to the radius line through a central angle 8°39'52" an arc distance of 354.16 feet; thence South 82°44'00" East a distance of 34.39 feet to the intersection of the East right of way line of"I" Avenue projected North; thence South 0°33'39" West along the East right of way line of"I' Avenue 92.26 feet to the Point of Beginning. ALSO TOGETHER WITH Tracts 6-1/2 and 7, Plate No. 8, Tide and Shorelands of Section 13, Township 35 North, Range 1 East of the Willamette Meridian; ALSO TOGETHER WITH that portion of the Railroad Avenue vacated under City of Anacortes Ordinance No. 274, as would revert to said premises by operation of law; ALSO TOGETHER WITH vacated streets, if any, adjoining said premises which upon vacation would revert to said premises by operation of law. Situate in the County of Skagit, State of Washington. SKAGIT COUNT III I II II 1111111111 III 1111111 Contract# C20070109 200702280189 Skagit County Auditor Page 5 of 7 2/28/2007 Page 5 of 7 3:13PM Page 5 of 7 EXHIBIT "B" Easement Legal Description The East 10 feet of that certain tract of land in Section 13, Township 35N, Range 1E, W.M., bounded on the south by the right of way of Great Northern Railway (being that certain strip of land shown and designated upon"Map of the City of Anacortes, Skagit County, Washington", according to the plat recorded in Volume 2 of Plats, page 4, records of Skagit County, as "reserved a right of way for S &N Ry. according to that certain paper writing in escrow with John P. Hoyt date May 28, 1889"); on the North by the meander line; on the East by the West line of Avenue "I', on the West by the East line of Avenue "H". TOGETHER WITH that portion of the Burlington Northern Railroad as reserved right of way for the S &N Ry. on the plat"Map of the City of Anacortes, Skagit County, Washington" described as follows: Commencing at the Northwest corner of Block 140 of said Plat of Anacortes, thence North 0°33' 39" East along the East right of way line of"I"Avenue 92.68 feet to the Point of Beginning, being an intersection with a curve having a radius point bearing South 6°56'06" East a radial distance 2242.01 feet; thence Southwesterly along the arc of said curve to the radius line through a central angle of 9°57'09" an arc distance of 389.45 feet to the intersection with the East right of way line of"H" Avenue; thence North 0°33'24" East along the Northerly projection of the East right of way of"H" Avenue 104.60 feet to an intersection with a curve having a radius point bearing South 16°07'13" East a radial distance of 2342.01 feet; thence Northeasterly along the arc of said curve to the radius line through a central angle 8°39'52" an arc distance of 354.16 feet; thence South 82°44'00" East a distance of 34.39 feet to the intersection of the East right of way line of"I" Avenue projected North; thence South 0°33'39" West along the East right of way line of"I' Avenue 92.26 feet to the Point of Beginning. ALSO TOGETHER WITH Tracts 6-1/2 and 7, Plate No. 8, Tide and Shorelands of Section 13, Township 35 North, Range 1 East of the Willamette Meridian; ALSO TOGETHER WITH that portion of the Railroad Avenue vacated under City of Anacortes Ordinance No. 274, as would revert to said premises by operation of law; ALSO TOGETHER WITH vacated streets, if any, adjoining said premises which upon vacation would revert to said premises by operation of law. Situate in the County of Skagit, State of Washington. SKAGIT COUNTY 11 Contract# C20070109 1111111111111111111111 Page6of7 200702280189 Skagit County Auditor 6 of 7 3:13PNi Page 6 of 7 2/28/2007 Page N 1 ---- 1 4\NCH1R COVE ;MARINA ® I 1 GUEMES FERRY 1 4331 L DOCK I 1 1 W E I I I I , 1 I J 1 r- I 1 II 137 S , I 1 1 1 1 1 1 ' I 1 1 N. T. S . 1 1 1 1 1 1 I 1 1 , 1 1 1 r ' 1 1 , 1 1 1 1 I I I II , I I I 1 , , 1 I/ 1 Z1q 1 I I. 0��, I 4AO�R I I I I I 1 i P: -C) I ' 1 161 1 I 1 c ,, j 1 % i IRpP� ter' I ,'q j; ' L�.I RP\L ' - t' 1 > PAR:EL B I ANACORTES TIDELANDS , 1 < ' 1 11 1 PLATE N0. 8 1 _ 1 1 I I --I 2 I , 10 8 , tt—�.. 1 TR. 117 '3 I-''1 ' I P� ko I I I I 1 7 6 5 11 4 I ORD. 274 k ' I 11 1 4 1 CP 3152D 1 I 1 I 1 , II 1 G%'; I I 11 1 1 TR.II 6 1 5 1' 1/ r: I LI 1 1 U , �4 6 , r I CITY OFANACORTES 1 6 l• ' I ' 1 1 2 1( t_ 1 3772 , - --1--1- I I CP-3149C t-_+-_ 139 1 I T--T--T--T--T- ;,r. ORD.1 992 1 i,'. i I I I I 1 10 FT WIDE EASEMENT 1 I 1 , xFOR INSTALLATION / I 1 1 1 OF LUMINAIRES ✓ 111 1 I , 1 i 1 31534 . 1 1 1 MP 12 13 14 15 16 171 1 — 6TH ST. f0 9 8 7 6 5 4 3 2 1 , 1 1 10 9 8 7 6 5 1 I 1 1 ' I 1 1 1 I I 1 1 1 1 I I 1 I I I I 1 ! 1 1 1 I 1 1 1 1 I S KAG CO , \TY pu3Lc DATE: 11,V EXHIBIT C — DRAWING WORKS SKAGIT COUNTY 111111 1111111111111011111 Contract # C20070109 200702280189 Skagit County Auditor Page 7 of 7 2/28/2007 Page 7 of 7 3:13PM