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HomeMy WebLinkAbout20050617000105 WATER SEWER EASEMENT 061705R Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXCISE TAX NOT REQUIRED King C un)i Re . rds DMalon ®Y;,~ Deputy 008 EAS 09:226 , WA ~3 (3.2, A3L2( 5~C ~io& -®a~Q OS Above this line reserved for recording information. WATER & SEWER EASEMENT FAC04-0016 Said document(s) were Reference # (if applicable): N/A -s I CIUME;'vorlawest Title 00Ccornmodation only. It has not Grantor/Borrower: Norris Homes Inc.examined as to Proper execution Grantee/Assignee/Beneficiary: City of Auburn 69 tO its affect upon title. Legal Description/STR: SW V404-21N-05E - Assessor's Tax Parcel ID#: 786700-0063 & 042105-9072 Z~-3 Cq(3) 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, Norris Homes, Inc. 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 and sewer 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. Water & Sewer Easement Page 1 of 5 to 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. Water & Sewer Easement Page 2 of 5 i IN WITNESS WHEREOF, said corporation as caused this instrument to be executed by its proper officer(s) this _r, day of , 2005. Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that V11gib 15 and -are4he person's who appeared before me, and said persorW acknowledged that thq signed this .instrument, on oath stated that th p i~ authorized to execute the instrument and acknowledged it as the ~e•n p la rz b 4g cal- rV\ 4A ~ C_ and of No2~s 4o,n t,s --r-ox a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned i this instrument. Dated ~ 6 to I os m ®®db®p®Q 9 t15 "C>el goajl-4.1 0 ~Q \~g10N , % v t%OTAgy 9N:. R~ L o G- Notary Pub 'c in and for the St to of Washington PuBoo. _ Residing at Lo-A Q-P ~00 My appointment expires ~N~`,~r r t g_~~ .#1 r •iYYY.YY•••`, m 1 me CP/tlb File: #1007 REF. H:Development\Forms\Legal Documents\2005 Water & Sewer Easement Page 3 of 5 r EXHIBIT A WATER AND SEWER EASEMENT VICINITY OF TRACTS C AND D OF HAZEL PARK KING COUNTY DDES FILE L03P0019 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 18 OF CRYSTAL MEADOWS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 194 OF PLATS, PAGES 66-67, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 00° 15' 07" WEST 42.55 FEET; THENCE NORTH 89° 38' 57" WEST 165.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 38' 57" WEST 25.00 FEET; THENCE SOUTH 00° 25' 11" EAST 251.81 FEET; THENCE NORTH 89° 44' 53" EAST 29.00 FEET TO THE SOUTHEAST CORNER OF TRACT D OF SAID PLAT; THENCE NORTH 00° 25' 11" WEST 65.00 FEET TO THE SOUTHWESTERLY LINE OF THE CUL-DE-SAC FOR 120TH AVE SE, BEING A CURVE TO THE RIGHT, CONCAVE TO THE EAST AND HAVING A RADIUS OF 46.00 FEET; THENCE NORTHERLY ALONG SAID ARC A DISTANCE OF 83.57 FEET THROUGH A CENTRAL ANGLE OF 104° 05' 12"; THENCE NORTH 00° 25' 11" WEST 92.79 FEET TO THE TRUE POINT OF BEGINNING. Water & Sewer Easement Page 4 of 5 4 A 1 Water & Sewer Easement Page 5 of 5 \r WATER & SEWER o 40 EASEMENT EXHIBIT B SCALE 1° = 40'