HomeMy WebLinkAbout9303230262 UTILITY EASEMENT 032393ORIGINAL
When Recorded, Return To: CITY CLERKS OFFICE.
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CITY OF AUBURN CITY OF AUBURN A4
st Main /71
5 W
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25 West in t. 2
A urn, hM 98001-T999- Auburn, WA 98001
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EASENEWT FOR UNDE MOUND UTILITY SYSTFA
For and in consideration of the sum of ten dollars ($10.00) and other good
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and valuable consideration, receipt of which is hereby acknowledged, and pursuant
to an order of the Bankruptcy Court for the Western District of Washington at
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+IAS~ TES Wt (hereinafter "Grantor"), h eby grants, conveys and quitclaims
to the CITY of AUBURN, a Washington municipal corporation ("Grantee,,), for the
purposes hereinafter set forth, a perpetual and non-exclusive easement for
utilities across, over, through and below the real property located in King
county, Washington and legally described in Exhibit A attached hereto and
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C\;incorporated herein (hereinafter the "Property"), provided, however, that this
'-0 easement shall not include any real property presently owned by others.
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1. Grantee shall have the right to install, construct, operate,
maintain, repair, replace and enlarge underground storm sewer utilities upon and
under the aforesaid Property, together with all necessary or convenient
i7 appurtenances thereto, which may include, but are not limited to the following:
M vaults, manholes, pipes and conduit. Grantee may from time to time construct
';T such additional facilities within the easement as it may require to provide storm
sewer services.
2. Upon reasonable notice by Grantee to Grantor, except in the case of
an emergency, when such notice shall not be required, Grantee shall have the
right of access to the Property at all times to enable Grantee to exercise its
rights hereunder, provided that Grantee shall compensate Grantor for any damage
to the Property caused by the exercise of said right of access. Grantee from
time to time may remove bushes, trees or other obstructions on the Property and
grade the Property to the extent reasonably necessary to carry out the purposes
set forth above, provided, however, that following any such work, Grantee shall,
to the extent reasonably practical, restore the Property to the condition it was
immediately in prior to such work. Grantor may undertake any ordinary
improvements to the landscaping of the Property, provided, however, that no
improvements, trees or other plants shall be placed thereon which would be
unreasonably expensive or impractical for Grantee to remove and restore.
Grantee shall at all times exercise good faith efforts to limit: its access to
the Property; damages to the Property and any interference with Grantor's use and
enjoyment of the Property.
3. Grantor reserves the right to use the Property for any purposes not
inconsistent with the rights herein granted, provided, however, that Grantor
shall not construct or maintain any building or other structure on the Property
that would interfere with the exercise of the rights herein granted, and that no
blasting, digging, tunneling or other form of construction shall be allowed on
or adjacent to the Property that would disturb the compaction or unearth
Grantees facilities or otherwise endanger the lateral support for said
facilities.
4. Grantee agrees to defend, indemnify, and hold Grantor harmless from
any and all claims for damages suffered by any person arising out of or in
connection with Grantees exercise of the rights herein granted, provided,
however, that Grantee shall not be responsible for any damages arising out of
injuries to any person caused by the sole negligence of Grantor.
31765\1\00197.AGM/1.5.93
Seattle
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5. This easement shall be a covenant running with the land and the
rights and obligations of the parties shall inure to the benefit of and be
binding upon the heirs, successors, and assigns of the parties.
6. Grantee shall pay the costs of recording this document.
e '121
DATED this day of 7WXC4-,44^ . , 1993.
GRANTOR: GRANTEE:
ESTATE OF P. HENDLEY & ASSOCIATES CITY OF AUBURN
INC., BY PERRY A. STACKS, JR.,
TRUSTEE IN B UPTCY
By By~
Its Its
STATE OF WASHINGTON )
es.
COUNTY OF KING )
on this day of ~l- 199 before me, a Notary Public in
and for the State of Washington, per onally appeared PERRY A. STACKS, JR.,
~j Trustee in Bankruptcy for the Estate of P. Handley & Associates, Inc . , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
N person who executed this instrument, on oath stated that he was authorized to
M execute the instrument, and acknowledged it as the Trustee in Bankruptcy for the
Estate of P. Handley & Associates, Inc., to be the free and voluntary act and
deed of said corporation for the uses and purposes mentioned in the instrument.
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IN WITNESS WHEREOF, I have hereunto set my hand and official sq&1 `t -'day
and year first above written. . MfJ~,
`
•
NOTARY PUBLIC in and for' taf, State of=
191:k, -
_ t -M s
Washington, residing at
My appointment expires -
r`
y 27, A
STATE OF WASHINGTON Wn.
COUNTY OF KING
Be.
on this ' day of 190 before me, Nota 7 Public-~s
U IT
and for the State of Washington, personally appeargg~-"r' /.L.i~1iLt
personally known to me (or proved to me on the bad s o satisfactory ev ~f,ence)
to be the person who executed this instrument, on oath stated that Lik was
uthorized to execute the instrument, and acknowledged it as the
UL ~,,L-A}r- of CITY OF AUBURN to be the free and voluntary act and deed of
said corporation for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
"NOTARY PU LIC in and for the Stat
Washington, residing at `~i/t1~Y LQ-f' 140.
My appointment expires A. H/ '
31765\1\00197.AGX/1.5.93 i + 1107
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OUST
LAKELAND HILLS
LEGAL DESCRIPTION: PUBLIC UTILITY EASEMENT'
9/9~9L
TRIAD JOB # 91-122-27
APRIL 7, 1992
That portion of Lots 18 and 19, The Parker Homestead, according to the.plat recorded in
Volume 8 of Plats, Page 51, records of King County, Washington and as shown on Record of
Survey recorded in Book 61 of Surveys. at Page 297C,, records of said county, lying within
the.following four described tracts of land:
TRACT 1
The west 30.00 feet in width of said Lot 19;
EXCEPT that portion lying southerly of the northwesterly margin of 47th Street SE as shown
on the plat of Lakeland Hills Division 4B, according to the plat recorded in Volume 150 of
Plats, Pages 10 and 11,-records of King County, Washington;
EXCEPT that portion lying northerly of the following two described lines:
LINE1
Beginning at the intersection of the west line of said Lot 19 and the southerly margin of
Mill Pond Drive as shown on the plat of Lakeland Hills -Division No. 2, according to the
cv plat recorded in Volume 126 of Plats, Pages 3;through 5, records of King County,
CD Washington; thence S01°46'34"W along said west line 118.82 feet; thence S88013'26"E 20.49
R~jfeet to a point hereinafter referred to as "Point A" and the TRUE POINT OF BEGINNING of
cn this-line; thence N52033132"E 46.47,feet to the southerly margin of said Mill Pond Drive
CD and the terminus of this line.
tJr, LIKE -02
Beginning at the aforementioned "Point A"; thence N10°11'11,"W 127.64 feet to the southerly
margin of said Mill Pond Drive and-the terminus of this line.
TRACT 2
That portion of said Lot 19 lying within a strip of land 20.00 feet in width being 10.00
feet on each side of the following described line:
Beginning at the intersection of the west, line of said Lot 19 and-the southerly margin of
Mill Pond Drive as shown on the plat of Lakeland Hills -Division No. 2, according to the
plat recorded in Volume 126 of Plats, Pages 3 through 5, records - of King County,
Washington; thence S01046'34"W along said west line 118.82 feet; thence S88013'2611E 20.49
feet-to the TRUE POINT OF BEGINNING of'this line; thence N52033'32"E 46.47 feet'to the
southerly margin of said Mill Pond Drive and the terminus of this line.
The side lines of said 20.00 foot strip of land to be extended or shortened to terminate at
the southerly margin of said Mill Pond Drive.
TRACT 3
That portion of said Lots 18 and•19 lying within a strip of land 20.00 feet in width-being
10.00 feet on each side of the following described line:
Beginning at the intersection of the west line of said Lot 19 and the southerly margin of
Mill Pond Drive as shown on the plat of Lakeland Hills -Division No. 2, according to the
plat recorded in Volume 126 of Plats, Pages.3 through 5, records of King County,
Washington; thence S01046'34"W along said west line 118.82 feet; thence S88°13'26'"E 20.49
feet to the.TRUE POINT OF BEGINNING of this line;.thence N10°11'11"W 127.64 feet to the
southerly margin of said Mill Pond Drive and the terminus of this line.
The side lines of said 20.00 foot strip of land to be extended or shortened to terminate at
the southerly margin of said Mill Pond Drive.
TRACT 4
The south 80.00 feet of the north 593.50 feet of the east 40.00 feet of the west 70.00 feet
of said Lot 19.
WRITTEN BY: BTF CHECKED BY: WVS
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EXPIRES =a 93