HomeMy WebLinkAbout7309180359 WATER EASEMENT 091873'Z
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RIGHT OF WAY AND EASEMENT
Corporate Form
KNOW ALL MEN BY THESE PRESENTS: That the City of Auburn, a munici-
pal corporation of the first class organized and existing under the laws of
the State of Washington, owner of the premises hereinafter described, for a
valuable consideration from the City of Tacoma, has granted a permanent and
exclusive right of way and easement unto the said City, its successors and
assigns, for the right and privilege to construct, reconstruct, install,
operate, inspect and maintain a water transmission pipeline, or pipelines,
and appurtenant equipment, including telemetering and control devices, in,
under, over, along and across the following real property situate and being
in the County of King and State of Washington, described as follows, to-wit:
PARCELS #98 AND L100
A STRIP OF LAND IN SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M.
RGT~'^ Tnn GGCT TAI 1.ITf1TW phis I VThIG 50 FEET ON Gnru CTnF r)F TUP rnl I njAIMP
DESCRIBED CENTERLINE:
BEGINNING AT THE WEST QUARTER CORNER OF SECTION 5, THENCE SOUTH 1°'19'
WEST 278.25 FEET ALONG THE SECTION LINE TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89° 49' 42" EAST 275 FEET: THENCE ALONG THE ARC OF A CURVE
TO THE LEFT, HAVING A RADIUS OF 298.564 FEET, A DISTANCE OF 156.328 FEET:
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 298.564
FEET, A DISTANCE OF 156.328 FEET: THENCE SOUTH 89° 49' 42" EAST 10 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 298.564
FEET, A DISTANCE OF 156.328 FEET: THENCE NORTH 60° 10' 18" EAST 8 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 137.374
FEET, A DISTANCE OF 95.905 FEET; THENCE SOUTH 79° 49' 42" EAST 422.21
FEET; THENCE SOUTH 89° 49' 42" EAST 1095.42 FEET; THENCE NORTH 66° 34' 54"
EAST 282.36 FEET MORE OR LESS TO A POINT ON THE NORTH-SOUTH CENTERLINE OF
SECTION! 5, SAID POINT.LYING 30 FEET NORTHERLY OF THE SOUTHERLY BOUNDARY OF
THE BONNEVILLE TRANSMISSION LINE RIGHT OF WAY.
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Office of the City Attorney
Department of Public Utilities
Administration Building
3628 South 35th Street
P.O. Box 11007
Tacoma, Washington 98411
FUlton 3-2471
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ALSO A STRIP
OF LAND IN GOVERNMENT LOT 10, SECTION 6, TOWNSHIP 21 NORTH,
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RANGE 5 EAST
, W. M. BEING 100 FEET IN WIDTH AND LYING 50 FEET ON EACH
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SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
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BEGINNING AT
THE EAST QUARTER CORNER OF SECTION 6, THENCE SOUTH 1° 19'
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WEST 278.25
FEET ALONG THE SECTION LINE TO THE TRUE POINT OF BEGINNING;
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THENCE NORTH
89° 49' 42" WEST 50.78 FEET, THENCE NORTH 46° 01' 23" WEST
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111.20 FEET;
THENCE NORTH 82°,31' 57" WEST 30 FEET, MORE OR LESS, TO THE
8 WEST BOUNDARY LINE OF GOVERNMENT LOT 10.
9 1 EXCEPT KING COUNTY GREEN RIVER ROAD.
10 has indicated in Exhibit "A" attached hereto and by this reference incorporated
11 herein together with the right to remove all trees located upon the land above
12 described and with the privilege also to enter upon said land from time to
13 time with men and equipment necessary to accomplish all of said purposes.
14 The Grantor, its heirs, successors and assigns shall not construct
15•Ut' Neil-i-11, 1'1 td t.vtti ~ tvu ,.,r+,ljnt4nn „f An,%,,permanent buildings or
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16 structures within the easement area, without the written permission of the
17 Grantee.
18 The City of Tacoma shall submit drawings prior to construction of
19 any above ground installations for review and approval by the Grantor.
20 The City of Tacoma shall at its cost and to the extent reasonably
21 practical, replace or relocate all facilities which it may believe necessary
22 to remove, relocate or disturb in the performance of said work and shall
23 return the land to its original condition within a reasonable time thereafter.
24 The City of Tacoma-will be responsible for-restoring the fairways
25 and existing practice green to a condition as good as or better than than
26 existing at the time prior to construction. In addition, it shall be the
27 obligation of the,City to restore all facilities, sewage systems, underground
28 ater systems, which might be disrupted during construction of said pipeline
29 Ir pipelines.
30 1 The City of Tacoma shall reimburse the City of Auburn or its Lessee
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Office of the City Attorney
Department of Public Utilities
Administration Building
3628 South 35th Street
P.O. Box 11007
Tacoma, Washington 98411
Fulton 3-2471
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if the Golf Course across which the above-described easement runs, is re-
quired, due solely to the City's construction, to be interrupted and be closed
during said construction. The City of Tacoma will reimburse the City of
Auburn only for the loss of revenue during the period of closure necessitated
by the construction by the City of Tacoma's contractor. The loss of revenue
would be based upon income received during a comparable period of the previous
year that the Golf Course was open and operating.
Said easement shall continue so long as the said City of Tacoma, its
successors or assigns, shall make use of the same for the purpose above
specified, but upon permanent discontinuance of said use, this easement shall
be of no force or effect.
IN WITNESS WHEREOF, said Municipality has caused its corporate name
and seal to be hereunto subscribed and affixed and these presents to be exe-
cuted by its officers thereunto duly authorized this 3-17-day of
1973.
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« r~1 BY
Office of the City Attorney
Department of Public Utilities
Administration Building
3628 South 35th Street
P.O. Box 11007
Tacoma. Washington 98411
F111t- 1-1J91
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STATE OF WASHINGTON)
) ss.
County of King )
On this S day of Zc ~ 1973, before me personally
appeared Stanley P. Kersey and Eleanor Johnson
Pro Tem
respectively to me known to be the Mayor and City Clerk of the City of Auburn,
a municipal corporation, that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned and on oath
stated that they were authorized to execute said instrument and that the seal
affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and,-affixed my
official seal the day and year first above written. Eti•;~ •.n~'8~;•,;","
4:'~1''^
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Description Approved:
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N o t a P u b I in a-td-fqY'•~ v~.-^•tate. `of
/y
Eng 7-eer
Approved as to Form & Legality:
Assistant City Attorney
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Approved:
Wf, A
Superintendent,
Da to S E P 12 1973
►ter unision
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Accepted. y the Direct or f Utilities
Office of the City Attorney
Department of Public Utilities
Administration Building
3628 South 35th Street
P.O. Box 11007
Tacoma, Washington 98411
Fulton 3-2471
Jones
WATER MAIN
CONSTRUCTION . EA'S'EMENT
THIS AGREEMENT made this` 8th day of August 1972, between
t e TY OF AUBURN, a municipal corporation of King County, State of Washington,
he e'nafter termed "GRANTEE", and William H. Jones &'Ruth'H. Jones, his,wife,
"GRANTOR
WITNESSETH:
THE GRANTOR does hereby, grant unto the GRANTEE and its authorized agents a
temporary, right-of-way or easement to be used only during construction of a munici-
pal water main on adjacent property;-said temporary easement shall terminate upon
acceptance of the municipal water main for maintenance and operation by the GRANTEE.
The said temporary right-of-way or easement shall be through and across the follow-
ing described property situated in King County, Washington, more particularly
described as follows-
The rNORTH;~'20~feet of the following
The NORTH 30 feet of the East.1/2 of the East 1/2 of the SW-1/4 of the SE 1/4
of;Section-_5,,Townshi:p 21 North, 'Range '.5 East,.Willamette Meridian, LESS County Road,
situate in the County of King, State,of Washington:
THAT SAID GRANTEE shall have the right without prior institution of any suit
or proceeding at law, at times as may be necessary, to-enter upon said easement for
the purpose of placing municipal water main without incurring any legal obligation
%or liability therefor; provided that such construction shall be accomplished in
such a manner that. private improvements shall not be disturbed or destroyed, or in
the event they are disturbed or destroyed, they will-be replaced in as good a con-
dition as they were immediately before the property was entered upon by the GRANTEE.
Under no circumstance shall this temporary easement extend'-beyond 31 December 1973.
DATED and SIGNED this 8th day of August 1972 1972.
STATE OF WASHINGTON)
)ss
COUNTY.OF KING }
I, the undersigned, a NOTARY PUBLIC in and for the STATE OF WASHINGTON, duly
commissioned and sworn, hereby certify that on this day personally appeared before
me H, Jones and Ruth H..' Jones, his wife to me known
to be the individuals described in and who executed the foregoing instrument, and
acknowledged that they signed and sealed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under MY HAND and SEAL this' 8thday of August ,1,97„2.
- NOTARY P BLIC i n and for : th,d .StaGtp, f
Washington, residing. at".: ? rili; ; ~'a
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