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Home My WebLink AboutAuburn School District Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EX01 TAN `,'-,IT REOUIRED By K09 uc. i\= cl rd Div sSon Deputy .N 111111111111111111111111111111111 20080514002188 PACIFIC NU TIT EAS 46.00 PAGE001 OF 005 05/14/2008 15:29 KING COUNTY, WA Above this line reserved for recording information. EASEMENT Reference # (if applicable): N/A Grantor/Borrower: Auburn School District Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 19, Township 21N and Range 5E Assessor's Tax Parcel ID#: 192105-9192 For and in consideration of the benefits to be derived by the Grantor herein, Grantor, THE AUBURN SCHOOL DISTRICT, 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 within, over, through and across the following described real property ("Easement Area") for the purpose of maintaining an asphalt pathway, associated signage and other improvements related thereof, said Easement Area being a portion of the above-designated Tax Parcel ("Parent Parcel"), and described as follows: SEE "EXHIBIT A - EASEMENT LEGAL DESCRIPTION" AND "EXHIBIT B - SKETCH OF EASEMENT", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right, as may be necessary, at reasonable times and after giving reasonable notice to the Grantor, and in exercising all reasonable precautions to assure safety of students, staff and public, for entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements. Said Grantor shall make every effort to not block, restrict or impede full use of the real property within the above-described Easement Area by said Grantee for the above- described purposes. No building or structure shall be erected within the boundaries of said Easement Area, without the express written consent of the City. Grantor may fence across said Easement Area and/or along the boundaries of said Easement Area provided that a gate is constructed in said fence if required to allow Grantee access. Said gate shall be of i? e. c ,,#n g6fss to and from the real sufficient length and location to allow t .yjt _ . t9 Easement rawd by PaciVC NOMWO61 I and 0t) Pagel of 5 aoCommWaUon only. it ha6 Ad Yuen 3xa( *vd WS tO pPOPOr &x404 "'N M b fta affeCt WM title. property with the above-described Easement Area. If said gate is to be locked, keys shall be provided to the Grantee. Said Grantor additionally grants to the Grantee, the use of such additional area immediately adjacent to said Easement Area as shall be reasonably required for the maintenance, inspection, construction, repair or reconstruction of said pathway and associated improvements. The use of such additional area shall be held to a reasonable minimum and in the case of any damage or disruption of the Parent Parcel, the Grantee shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the Grantee 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 Parent Parcel that would impair or limit the Grantee's entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements of the Easement Area. This Easement shall be a covenant running with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this 13th day of May , 2008. THE AUBURN SCHOOL DISTRICT 11an, Associate Superintendent AeeaptQcd and Approved: OF UB MAY 13 2008 Pe er B. Lewis, Mayor Date Easement Page 2 of 5 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Michael Newman was the person who appeared before me, and said person acknowledged to me that he signed this instrument, and on oath stated that he was authorized to execute the instrument as the Associate Superintendent of the AUBURN SCHOOL DISTRICT as his free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated May 13, 2008 TONI M. LALLY ,TQAJj J- ALL`/ STATE OF WASHINGTON Notary Public in a f r the State of Washington NOTARY PUBLIC Residing at ?,lY COMMISSION EXPIRES My appointment expires 3 5, 03-03-12 STATE OF WASHINGTON) )Ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis was the person who appeared before me, and said person acknowledged to me that he signed this instrument, and on oath stated that he was authorized to execute the instrument as the Mayor of the CITY OF AUBURN as his free and voluntary act of such party for the uses and purposes mentioned in this instrument. , U Dated "72M 0-f ?av`\\\t\111" /? tz _= Notary Public in and for the State of Washington Residing at ,3v? `. ?zMy appointment expires Q- ' - 2-6 ia?ltl v1 kw = ?p Amd File: CP0759 REF. H:\PROJ\CP0759-OlympicMiddleSchoolPedImp\ROW\Easement05.06.08.doc Easement Page 3 of 5 EXHIBIT A - EASEMENT LEGAL DESCRIPTION That portion of the west half of the northwest quarter of the southeast quarter. of Section 19, Township 21 North, Range 5 East, W.M in the City of Auburn, King County, Washington, said portion more fully described as follows: Commencing at the northwest corner of said west half of the northwest quarter of the southeast quarter of said Section 19; Thence South along the west line of said west half of the northwest quarter of the southeast quarter of said Section 19 a distance of 30 feet to the southwest corner of the lands described in deed recorded under recording number 5320849, records of said county, and the Point of Beginning of this easement description; Thence East along the south line of said lands described in deed recorded under recording number 5320849 'a distance of 30 feet to a line parallel with and 30 feet east of the west line of said west half of the northwest quarter of the southeast quarter of said Section 19; Thence South along said parallel line a distance of 266.0 feet to a line parallel with and 266 feet south of said south line of said lands described in deed recorded under recording number 5320849; Thence East along last said parallel line a distance of 7.0 feet to a line parallel with and 37 feet east of said west line of the west half of the northwest quarter of the southeast quarter of said Section 19; Thence South along last said parallel line a distance of 996 feet, more or less, to the north line of the lands described in deed recorded under recording number 2551381, records of said county; Thence West along said north line of the lands described in deed recorded under recording number 2551381 a distance of 22 feet to a line parallel with and 15 feet east of said west line of the west half of the northwest quarter of the southeast quarter of said Section 19, and the east line of "H" Street SE (Brannon County Road number 318); Thence North along last said parallel line a distance of 646 feet, more or less, to an angle point in the right of way of "H" Street SE (Brannon County Road number 318); Thence west along the north line of Brannon County Road number 318 a distance of 15 feet to said west line of the west half of the northwest quarter of the southeast quarter of said Section 19; Thence north along said west line of the west half of the northwest quarter of the southeast quarter of said Section 19 a distance of 616 feet, more or less, to the point of beginning. City of Auburn Public Works Department Project CP0759 - May 1, 2008 TRUE POINT OF BEGINNING - FOR TRAIL EASEMENT THE WEST LINE OF THE WEST HALF OF THE NW1/4 OF THE SE 1/4 OF SEC 19 _ TWP •21 N, R 5 E, W.M. -- 19 ST. SE CO. RD 318 17 ST. SE DEED TO CITY 5320849 THE NORTH LINE OF THE - ?-- 30' WEST HALF OF THE NW1/4 OF THE SE 1/4 OF SEC 19 io TWP 21 N. R 5 E. W.M. co N .F-- 37' OQ? CGS CK -F I (O I co 0 N u? o zf 0 W cr N =I I 30 THE SOUTH LINE OF THE 22, WEST HALF OF THE NW1/4 OF THE SE 1/4 OF SEC 19 TWP 21 N. R 5 E, W.M. i REC N0.-.7-551381 _ ` - 21 ST. SE 0' 200' 400' 600' mmimi EXHIBIT B - SKETCH OF EASEMENT