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HomeMy WebLinkAbout20050617000107 WATER SEWER EASEMENT 061705Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXCISE TAX NOT REQUIRED King 2V ec s Division BY; , Deputy I EAS Above this line reserved for recording information. WATER & SEWER EASEMENT FAC04-0016 ~w - U 24 o-5 (4-13) Said document(s) were filed for Reference # (if applicable): N/A accommodation only. It has not Grantor/Borrower: Norris Homes Inc.examined as to proper execuW. Grantee/Assignee/Beneficiary: City of Auburn alb t6aftectupoh title. Legal Description/STR: SW V404-21N-05E Assessor's Tax Parcel ID#: 786700-0063 & 042105-9072 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] of 5 PACIFIC NW TIT 23.00 PAGE001 OF 005 06/17/2005 09:26 KING COUNTY, WA 4 It % 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 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this _ 6 day of 2005. Aut 76zed Signa re 1--l__ Authorized Signature STATE OF WASHINGTON) )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that -J M ~s Y~ ri -by I's Xd 14-1 are the person`s who appeared before me, and said person acknowledged that try signed this instrument, on oath stated that tl~y ~e-authorized to execute the instrument and acknowledged it as the l4-L was EnwlaULp- and of NoaAtz No Mss ~n a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated (P 10.- oooe®uu~®®e /J ~~~~~5s1~N F •~F ~ ,QTARY 9~ RR! L - n PUBLIC ' c ' Notary Pu c in and for the State of Washington ~ ; ; 02 s 4 A A -Z °$if9~~. 9 -o Residing at ~t My appointment expires I o ' , ~ • CP/tib File: #1007 REF. H:Development\Forms\Legal Documents\2005 Water & Sewer Easement Page 3 of 5 IV EXHIBIT A WATER AND SEWER EASEMENT VICINITY OF TRACT H & F OF HAZEL PARK EAST SHORT PLAT KING COUNTY FILE L04S0011 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST 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 SOUTHEAST CORNER OF LOT 19 OF CRYSTAL MEADOWS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 194 OF PLATS, PAGES 66-67, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 00° 15'07" EAST 5.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 31 ° 14'00" WEST 121.63 FEET; THENCE SOUTH 89° 44' 53" WEST 5.24 FEET TO THE EAST LINE OF SAID TRACT H OF SAID SHORT PLAT; THENCE NORTH 00° 15'07" WEST 13.50 FEET TO THE NORTHEST CORNER OF TRACT H; THENCE SOUTH 89° 44' 53" WEST 124.98 FEET TO THE NORTHWEST CORNER OF TRACT H; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY MARGIN OF 120T' AVE SE, SAID MARGIN BEING A CURVE TO THE RIGHT, CONCAVE TO THE WEST, HAVING A RADIUS OF 80.00 FEET, AN ARC LENGTH OF 28.53 FEET, THROUGH A CENTRAL ANGLE OF 20° 26' 06"; THENCE NORTH 89° 44' 53" EAST 133.28 FEET; THENCE NORTH 31 ° 14'00" EAST 106.13 FEET; THENCE NORTH 00° 15'07" WEST 28.72 FEET TO THE TRUE POINT OF BEGINNING. Water & Sewer Easement Page 4 of 5 1 EX. 20' PUBLIC DRAINAGE \ & UTILITIES EASEMENT REC NO, 20000509000873 0180 01190 / All / 5'x15' 5.70' / DRAINAGE / EASEMENT / V ^ 7A TflACT/ ~F 29' WATER & SEWER o0 EASEMENT do/ / \ ~ DETENTIO~^~y ~ ro L=1.93 15' SEWER R=80.00 S89°44'53"W EASEMENT 5.24' o =1°23'01" „ S89 "44'53"W 119.97' 12.50' ° axm cnc cxr T-- 1.07' S89°44'53"W 133.28 5 6A WATER & SEWER H EASEMENT o z EXHIBIT B 0 10 20 40 SCALE 1" = 40' Water & Sewer Easement Page 5 of 5