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HomeMy WebLinkAbout20031110001388 SEWER EASEMENT 111003Return Address: City of Auburn City Clerk 25 West Main Auburn, WA. 9800.1 EXGI TAX. T REQUIRED n o. P a CHI Ion puff 4 ~3 13- 7i 20031110001388 PACIFIC NW TIT EAS 23.00 PAGE001 OF 005 11/10/2003 15:47 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER EASEMENT FAC03-0013 Reference # (if applicable): N/A Grantor/Borrower: Auburn 56, L.L.C. PN C Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW'/4, 06-21-05E Assessor's Tax Parcel ID#: 092105-9085 & 9008 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 8-inch Sanitary Sewer Main AND APPURTENANCES THEREOF, said real property being described as follows: Said document(s) WSFe fMs b? rd by Pacific l~~a~ihwes4Ti41e as SEE EXHIBITS "A" AND "B", ATTACH ~>ZE 0, -AND ~B~Yn-F14I,Sn REFERENCE MADE A PART HEREOF. examined as to propar execution or as to its at± This easement is given under the threat of and in lieu of Eminent 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. Sanitary Sewer Easement Tr M Page 1 of 5 o ~b 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. IN WITNESS WHEREOF, said corporation has caused its proper officer(s) this -O day, of this instrument to be executed by IM11 Authorized Signature W W/bi File: #939 REF. H:Development\Forms\Legal Documents\2003 Sanitary Sewer Easement Tr M Page 2 of 5 Y i tiY STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or, have satisfactory evidence that is/are the 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 as the . of.. ,'57o_GL a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentio ed i the instrument. ; Dated ,2p d ~J u35~ nne me Notary Public in and for the State of Washington residing at My appointment expires R I ro O SUZANNE BARNES STATE OF WASHINGTON NOTARY-- — PUBLIC MY COUMISSION EXPIRES 2-16-06 Sanitary Sewer Easement Tr M Page 3 of 5 EXHIBIT A LEGAL DESCRIPTION KINGSLEY MEADOWS TRACT M 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: BEGINNING 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 THEREOF 30.00 FEET; THENCE SOUTH 85°55'27" EAST 326.25 FEET TO A POINT ON THE EAST LINE OF SAID SUBDIVISION; THENCE ALONG SAID EAST LINE NORTH 03°17'34" EAST 30.00 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID NORTH LINE NORTH 85°55'27" WEST 326.21 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL ALSO BEING KNOWN AS TRACT M, PLAT OF KINGSLEY MEADOWS. Sanitary Sewer Easement Tr M Page 4 of 5 ;d - S855527 0 o xe ,Y 326.21 29 30 ~ I 31 NW CORNER OF ME NW 114 h OF WE SE 114 OF THE 27 NE 114 OF 7HE NW 1/4. 32 . SEC 9, ..1WP. 2W., RGE. 5E., W.M. 26 33 34 38 37 38 39 40 25 1 24 'RAC7 J o ao iao Poge 5 of. 5 , SCALE IN rEEr TRACT M .NE 114, NW 114 SEC. 9, TWP. 21N., RGE. 5E.,W.M.: EXHIBIT DM.BY., DATE.' . JOB NO. ETERSON 1- NS N 4030 Lake Washington Blvd. ME, Suite 200 AIWG 7 -17-0-,i ?,~l1i-C?f3t37 1 CO ULTI G Kirkland, WA 98033 Tel (425) 827-5874 CHKD. BY.' SCALE.' Fax (425) 822-7216 r.1is 1: i!X L Sanitary Sewer Easement Tr M Page 5 of 5