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Home My WebLink About20050822000168 WATER EASEMENT 082205Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXCISE TAX NOT REQUIRED I~iy~ Coun Recd D' ' ion Above this line reserved for recording information. WATER EASEMENT ~ ~~8~" FAC04-0014 awOatmodation only. R has nd been 9xatnined as to proper execution or as to its affect upon title. Reference # (if applicable): N/A Grantor/Borrower: Highlands at Cobble Creek, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR5WSEC.T 5, TWP 21N, RGE 5E LLf (I) Assessor's Tax Parcel ID#: 052105-9014 Pm\jW v-AG 3 o5- ►2- 168 (~)I36 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, Highlands at Cobble Creek, LLC 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 lines AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 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. Easement Page 1 of 5 PACIFIC NW TIT EAS 38. PAGE001 OF 005 08/22/2005 09:28 KING COUNTY, WA 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 this instrument to be executed by its proper officer(s) this6~day of rNJE , 2005. Authorized Signature /bi File: # REF. H:Development\Forms\Legal Documents\2004 Easement 11275.020.doc Page 2 of LEGAL DESCRIPTION WATERLINE EASEMENT A strip of land of varying width for waterline easement lying within the following described parcel: That portion of the East half of the Southeast quarter of the Southwest quarter of Section 5, Township 21 North, Range 5 East, Willamette Meridian, lying Northerly of Hazelwood School Road (SE 304th Way) as now located; EXCEPT that portion thereof platted within Hazelwood Heights, as per plat recorded in Volume 71 of Plats, Page 37, records of King County; AND EXCEPT that portion thereof described as follows: BEGINNING at the Southwest corner of the above-described tract; THENCE North along the West line thereof 243 feet; THENCE Easterly parallel to the North line of said East half of the Southeast quarter of the Southwest quarter 252 feet, more or less, to the Northwest boundary of the Hazelwood School Road (SE 304th Way); THENCE Southwesterly along the Northwesterly boundary of said road to the POINT OF BEGINNING; Situate in the County of King, State of Washington. The sidelines of said strip described as follows: COMMENCING at the Northwest corner of the above-described parcel; THENCE S01 ° 45' 10" West along the West line thereof, a distance of 120.58 feet to the POINT OF BEGINNING; THENCE leaving said West line and bearing South 89° 51'29" East, a distance of 282.39 feet; THENCE North 01 ° 45' 10" East, a distance of 82.54 feet; THENCE North 67° 33' 35" East, a distance of 84.59 feet to a point on the North line of the above described parcel, at a point South 88° 58' 30" East, a distance of 359.47 feet from the Northwest corner of said parcel; THENCE South 88° 58' 30" East, a distance of 280.47 feet to the Northeast corner of the above described parcel; THENCE South 01 ° 56' 19" West along the East line of said parcel, a distance of 15.00 feet; THENCE leaving said East line and bearing North 88° 58'30" West, a distance of 277.36 feet; THENCE South 67° 33'35" West, a distance of 71.77 feet; THENCE South 01 ° 45' 10" West, a distance of 99.02 feet; THENCE South 70° 18'30" West, a distance of 46.32 feet; THENCE North 86° 14' 51" West, a distance of 146.53 feet; THENCE North 88° 58' 30" West, a distance of 107.73 feet to a point on said West line of the above described parcel; P:\11000s\11275\doc\112751.001.doc 7/19/2005 JMK/jmk THENCE North 01 ° 45' 10" East along said West line, a distance of 31.43 feet to the POINT OF BEGINNING. P:\ 11000s\11275\doc\112751.001.doc 7/19/2005 JM"mk a~ 0 f I { I I S88'58'30"E 639.94' 359.47' 004i9 POINT OF COMMENCING N61/S~iF / o NORTHWEST CORNER OF EAST HALF OF', SOUTHEAST QUARTER OF SOUTHWEST LO 561 ~~~5 o QUARTER OF SEC. 5 co I 1 IN WI IO WATERLINE EASEMENT ° POINT OF BEGINNING oI o V - - - - - -89'51'29"E 282- - L Io CD. IN r7 CD _ 7 N88'58'30"W 107173' -T N86'14'S1"W 146.53' 51~~g3 1'=60' Designed - Scole: (?H.4 Fir' Job Number 18215 72ND AVENUE SOUTH HIGHLANDS AT Drown JMK Horizontal KENT, WA 98032 11275 Checked 60' (425) 251-6222 COBBLE CREEK (425) 251-8782 FAX vertical Io = Title: Sheet Approved - Z ` ~G y CIVIL ENGINEERING, LAND PLANNING, t WATERLINE Dote O6 21 OS r~HG ENG~NSURVEYING, ENVIRONMENTAL SERVICES EASEMENT 1 1 of S01'56'19'W 15.00' 280.47' N88'58'30"W 277.36'