HomeMy WebLinkAbout20060718000696 WATER EASEMENT 071806Return Address:
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AW~D&-n,WA %021 TURBAK EAS 37.00
07GE80/2008 01632
KING COUNTY, WA
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Raw& DMWM
RY t Dsputy
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
OFF SITE WATER EASEMENT '~'Op►j,,
SPL06-0004
Reference # (if applicable): N/A
GrantorlBorrower Pike Street Capital, LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE % of NE % S I I -T21 N-R4E WM
Assessor's Tax Parcel ID#: 030351-0170
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, Pike Street Capital, 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 Off Site Public Water Main 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.
Off Site Water Easement
Page] of S
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 rants 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.
Off Site Water Easement
Page 2 of 5
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.
Off Site Water Easement
rage 2 of 5
IN WITNESS WHEREOF, said c(
its proper officer(s) this I / day
A
has cau,-A t~is instrument to be executed by
Authorized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that e 6-r 1 eS r i-~ Gt
i are the person(s) who appeared before rne, and
said person(s) acknowledged that he/she/they signed this instrument on oath stated that
he/she/they was/were authorized to exe ute the in trument ltd acknowledge as the
a limite abi ty company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated
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Notary Public in and for the State of Washington
Residing at 2ee,rrp _ C-0E4. e--4
My appointment expires
MM/tlb
File: SPL06-0004
REF. HADevelopmentTorms\Legal Documents\2006
Off Site Water Easement
Page 3 of 5
OFFSITE WATERLINE
EASEMENT DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 1 1 , TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 17, REVISED, AS SHOWN
ON CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA 0001 -99
RECORDED UNDER RECORDING NUMBER 9903031902, RECORDS OF KING
COUNTY, WASHINGTON;
THENCE ALONG THE SOUTH LINE OF SAID LOT 17, NORTH 88' 49' 20"
WEST FOR 278.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 1° 10' 40" WEST FOR 27.13 FEET;
THENCE NORTH 87' 57' 43" WEST FOR 15.00 FEET;
THENCE NORTH 10 10' 40" EAST FOR 26.91 FEET TO THE SOUTH LINE
OF SAID LOT 17;
THENCE ALONG SAID SOUTH LINE, SOUTH 88° 49' 20" EAST FOR 15.00
FEET TO THE TRUE POINT OF BEGINNING.
7/5/2006
OFFSITE PUBLIC WATERLINE
EASEMENT EXHIBIT MAP
3
M M
e! h
C ~
SCALE 1 " = 50'
N88'51'09"W
415.52'
FOUND RLB.AR W/I
:515628 1, PLACE
MA" 31, 2005
, BM#1 66.26
40 " E 588'49'20"
26.91' 5.00'
LOT 17(REVISED)
PER BLA 000-1-99
REC#9903031902
S88'49'20"E
rn
o:
a
w
M
a
c
POINT OF BEGINNING
FOUND RE9AR W CAP Z
LS15650 IN PLACE
415.52' MAY 31, 2005
TBM#2 62.49
278.00'
I 51.10'40"W EXISTING PAVED PARKING LOT
' I 27.1 3'
- - i------
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--~W --;W -W - - ---W , ~M. ~ y
- \ - --EXISTING 15' PUBLIC WATERLINE EASEMENT
-
15-00'
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7/5/2006