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Home My WebLink About20031110001389 WATER EASEMENT REPLACEMENT 111003Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXina IRED 0 puty 3 0001389 PACI IC NU TIT EAS 23-00 PAGE681 OF e65 11/10/2003 15:47 KING COUNTY. WA Above this line reserv ed for recording information. EASEMENT REPLACEMENT FAC03-0013 Reference # (if applicable): 9404271529 Grantor/Borrower: Auburn 56, L.L.C. PN Grantee/Assignee/Beneficiary: City of Auburn W 3, 1 Legal Description/STR: NE i/4, NW 09-21-05E Assessor's Tax Parcel ID#: 092105-9086 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Auburn 56, L.L.C., hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of laying, maintaining, and installing Water Main APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B"' ATTACHED H4T6.1D BY' THIS s'~ ` u REFERENCE MADE A PART HEREOF. tio4 `J qi:nP -minas:-, This easement is given under the threat of and in lieu of Emirierit Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Easement Replacement Page I of 5 Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement by said Grantee for the above-described purposes. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area, without the express written consent of the City. With City permission, Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above- described Easement. If said gate is to be locked, keys shall be provided to the Grantee. No excavation shall be made within three (3) feet of said water or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. Grantor additionally grants to the City, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said water or sewer facilities. The use of such additional area shall be held to a reasonable minimum and in the case of any damage or disruption of the premises, the City shall return the property to a condition as reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the property that would impair or limit the City's use of the easement area. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. This easement replaces and supersedes that easement recorded the 27 day of April, 1994, under recording no. 9404271529, in the records of King County, Washington and is hereby released and abandoned by the City of Auburn. IN WITNESS WHEREOF, said corpor io has caused this instrument to be executed by its proper officer(s) this 96 day of O;e , 20pa. ~ Authorized Signature W W/bi File: #939 REF. H:Development\Forms\Legal Documents\2003 Easement Replacement Page 2 of 5 The City of Auburn has caused these presents to be executed by its City Engineer there unto duly authorized pursuant to Ordinance 5042 on this Zv"k day of pck )Dd v- , 2003. STATE OF WASHINGTON) )ss. COUNTY OF KING ) City Engineer at I certify I have know or have satisfactory evidence that , 9 I1 / ' 'is/are tfie person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge s the 0-FO Of A:22. GL C a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated o p3 SUZANNE BARNES STATE OF WASHINGTON NOTARY PUBLIC VY CCUMISS10N EXPIRES 2-16-0E STATE OF WASHINGTON) )ss. COUNTY OF KING ) r) e i-t-t f n •e tary Public in nd for the State of Washington iding at appointment expires 9 • 16 -0 6 I certify that I know or have satisfactory evidence that Dennis Selle is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CITY ENGINEER OF PUBLIC WORKS of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated • Q` . I • gSj,t)ly • Oil t~ p~ 1J0TA1?;- m', V M. : PUBLIC ; -o-,( i • p3. O~ % Notary Public in and for the State of Washington ' • ' _ residing at f Le), u n ~%\\Op G~ b1/ASH~~_ My appointment expires $3 Easement Replacement Page 3 of 5 EXHIBIT A SEWER EASEMENT LEGAL DESCRIPTION KINGSLEY MEADOWS LOT 26 & 27 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE SOUTH 03°22' 14" WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER 190.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85°55'27" EAST 129.70 TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE, CONCAVE TO THE EAST, THE CENTER OF WHICH BEARS SOUTH 68°24'25" EAST 405.00 FEET DISTANT; THENCE IN A SOUTHERLY DIRECTION ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 02°14'23" A DISTANCE OF 15.83 FEET; THENCE NORTH 85°55'27" WEST 124.46 FEET TO A POINT ON SAID WEST LINE; THENCE ALONG SAID WEST LINE NORTH 03°22'14" EAST 15.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL ALSO BEING KNOWN AS THE NORTH 5.00 FEET OF LOT 26 AND THE SOUTH 10.00 FEET OF LOT 27, PLAT OF KINGSLEY MEADOWS. Easement Replacement Page 4 of 5 L1 129.70 S855527 1E L2 15.00 NW*22'14 E L3 124.46 S855527E S8555r27TE" 3 r h o, al 29 0 80 100 scuF IN FEET SEWER EASEMENT NE 114, NW 114 SEC. 9, TWP. 21N., RGE. 5E.,W.M. EXHIBIT DWN. BY.• DATE.' JOB NO. ETERMN 4030 Lake Washington ' ' 7 7 C5 W Blvd. ME, S.1te 200 C : -1 - ; ADI-0007 C NSULTINC Kirkland. WA 98033 Tel (425) 827-5874 CHKD. BY: SCALE., Fax (425) 822-7216 L EXHIBIT B L=1x83 I C1 R=405 00 d-27423' , 326 2 _~~--f+ I TEL 30 Am OMMUM am in 28 ~ 3f ~ w NW CORNER OF THE NW 114 ~7t OF 114E SE 114 OF ME 27 ?s~ NE 114 OF 1H£ NW 114 Rq~ 32 SEC. 9, TOP. 21N., RGE. 5E., W.M. L3 Vs 26 33 34 35 36 37 38 39 40 25 24 It.'l,f: f J Easement Replacement Page 5 of 5