HomeMy WebLinkAbout6013533 SEWER EASEMENT 041266EASEMENT
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THIS AGRE34ENT made this 8th day of March, 1966, by and between the City of Auburn,
a municipal corporation of the third class in the State of~ Washington, hereinafter refer-
red to as "First Party", and Lawrence Bogle, Kenneth F. Woks, Phillips Dickenson, John
Glase and Tom M. Alderson, as Trustees under the Will of Richard Jeffs and MA17 Jeffs,
deceased, hereinafter referred to as "Second Party", and Arnold W. Davis, Betty 7 .Davis,
Lance A. Davis and Patricia D. Davis, hereinafter referred to as "Third Party";
WITNESSETH: That said Second Party as owner and -Third. Far >y?>,as._ Lessee, in consider-
ation of the sum of one dollar ($1.00) and other valuable considerations have been paid
by First Party, the receipt of which is hereby acknowledged, do hereby grant unto said
First Party a fifteen (15) foot perpetual right-of-way or easement for sewer mains with
the necessary appurtenances through, over and across the following described properties
situate in King County, Washington, more particularly described as follows:
The Southeast 1/4 of the Northwest 1/4 of Section 12, Township 21
North, Range 4, East W.M., Less that portion for the right-of-way of the
Puget Sound Electric Railway.
The perpetual easement consists of a 15 foot wide strip des-
cribed as the Easterly 15 feet of the above described property, and
The East 20 feet of that portion of J. A. lake Donation Claim
lying in Section 7, Township 21 N. Range 5, and Section 12, Township 21
N, Range 4 East of W.M., described as follows: Beginning at.the South-
west corner of said J. A: Lake D.C.; thence North 165 feet; thence
Easterly 1641.75 feet; thence Southerly 140.25 feet; thence Easterly 1387.65
feet; thence Southerly 24.75 feet; thence Westerly 3029 feet to place of
beginning, less R/W of Northern Pacific Railway Company, containing 6.90
acres; lying Westerly of said R/W of said N.P. Railway Co.;
AND the Fast 20 feet of Lot 2 of Section 12, Township 21 North,
Range 4 East.of W.M.; EXCEPT 1.51 acres, being the R/W of Northern Pacific
Railway Company across said lot, containing 4.90 acres;
AND the North 20 feet of Lot 3 of Section 12, Township 21 North,
Range 4 East of W.M., less 3.03 acres for the R/W of Northern Pacific
Railway Company across said lot, containing 9.13 acres;
AND the North 25 feet of the SWk of the NE4 of said Sec. 12,
Township 21 North, Range 4 East of W.2i., less the 40~ft. country road,
and 3.03 acres, being R/W of Chicago, Milwaukee & Puget Sound Railway
Company across said last described premises, the same containing 35.76 acres.
:c. TOGETHER WITH a 40 foot temporary construction easement described as:
The East 40 feet of that portion of J. A. Lake D.C. lying in Section
7, Township 21 N, R 5, and Section 12, Township 21 North, Range 4 East of W.M.
described as follows: Beginning at the.Southwest corner of said J. A. Lake
D. C.; thence North 165 feet; thence Easterly 1641.75 feet; thence Southerly
140.25 feet; thence Easterly 1387.65 feet; thence Southerly 24.75 feet; thence
Westerly 3029 feet to place of beginning, less R/W of Northern Pacific Rail-
way Company, containing 6.90 acres; lying Westerly of said R/W of said
Northern Pacific Railway Company;
AND the East 40 feet of Lot 2 of Section 12, Township 21 North,.
Page One
,~►ACE 254
Range 4 East of W.M., except 1.51 acres, being the R/W of Northern
Pacific Railway Company across said lot, containing 4.90 acres;
AND the North 40 feet of Lot 3 of Section 12, Township 21 North,
Range 4 East of W.M., less 3.03 acres for the R/W of Northern Pacific
Railway Company across said lot, containing 9.13 acres;
AND the North 40 feet of the SW# of the NE4 of said SectIon 12,
Township 21 Noryth, Range 4 East of W.M., less the 40-foot country road,
and 3.03 acres, being the R/W of Chicago, Milwaukee & Puget Sound
Railway Company across said last described premises, the same contain-
ing 35.76 acres;
Said temporary construction easement shall remain in force during
construction and until such time as the sewers and appurtenances have
been accepted for maintenance and operation by the City of Auburn.
That said First Party shall have the right, without prior institution of any suit
or proceeding at law, at times as may be necessary, to enter upon said property herein-
above described for the purpose of constructing, repairing, altering or reconstructing
said sewer main, or making any connections therewith, without incurring any legal obli-
gation or liability therefor except as specifically hereinafter set forth; provided
that such construction, repair, alteration or reconstruction of said sewer main shall be
accomplished in such a manner that the private improvements existing on said right-of-way
shall not be disturbed or destroyed, or in the event they are disturbed or destroyed,
they,will be replaced in as good a condition as they were immediately before the property
was entered upon by First Party.
This easement is executed and delivered and said easement is granted to First Party
upon the following conditions, to wit:
1. Second Party and Third Party may place earth fill over the easement to
the height of freeway or highway grade whichever prevails on abutting
property.
2. Second Party and Third Party may have access to road or railroad spur
over the easement.
3. Existing cattle underpass shall be continued and new underpasses may be
added provided they do not interfere with the sewer line or prevent its
repair or maintenance.
4. Second Party and Third Party shall have the right to cross the easement
with any public utility installations such as water, telephone, or
power, provided underground installations do not interfere with the
sewer line or prevent its repair or maintenance.
5. Second-Party and Third Party shall have the right to connect to the sewer
line provided payment is made to the City equal to the payment made to
similarly benefited properties for similar service.
6. Second Party and Third Party shall retain the right to use the surface
of said easement, so long as said use does not interfere with the in-
stallation and maintenance of the sewer main.
7. That said First Party will relocate, at its own cost and.'expense its
water main situated in that portion of Second Party's land described
in that certain easement recorded on July 23, 1907 in Volume 589 of
Deeds, Pages 113 through 117, King County Auditor's Receiving No.
499 784, which relocation shall be to the following described property
Page Two
VOL4773, mEM
of Second Party, to wit.
tie
Commencing at a point on the East line of the West Valley Highway
and 14' North of the South line of the NJ of Section 12-21-4; thence East-
erly along a line parallel to and 14' N of said South line to a point 14'
West of the West line of the Northern Pacific Railroad right-of-way, said
West line being the East line of Gov. Lot 3, thence North along a line
parallel to and 14' West of said right-of-way to the North line of Gov.
Lot 2, sd line being also the South line of J. A. Lake Donation Claim;
thence continuing North along aforesaid line approximately 15 feet more
or less, connecting to the existing water main.
Within one year from receipt of written request therefor by Second Party and
upon receiving a substitute easement from Second Party for said relocation.
Upon the relocation of said water main, the prior easement shall be cancelled
by First Party.
8. That First Party shall maintain either the overpass or underpass utilized by
Third Party through which the easement to First Party passes open and usable
at all times for cattle and shall in addition maintain the border fences.
First Party shall further provide heavy planking across any excavation in
the underpass cattle crossing, said planking to be of sufficient strength
to sustain the weight of the head of cattle that would be passing over said
excavation at any one time.
9. First Party shall expedite the completion of its sewer main to be constructed
In the easement given hereinabove, so that the same will be completed in a
minimum length of time with clean-up and restoration of said premises to be
consumated by First Party inmediately,thereafter.
10. That First Party will exercise its best efforts to complete the annexation
of Second Party's property lying adjacent.to the easement granted to First
Party hereinabove and it shall further expeditiously accomplish the re-
zoning of said property to such use classification as its Planning Commis-
sion and City Council shall deem most appropriate.
It is further understood and agreed by the parties hereto that the easement given
to First Party hereinabove shall be a covenant running with the land and shall be bind-
ing upon Second and Third Parties, their successors and assigns forever for the uses and
purposes heretofore described.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first hereinabove written.
FIRST PARTY - CITY OF AUBURN
By KC-AP-1-1 1),. 11
MA;YOJ
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01.,)/
LI ~.''or, 00
SECOND PA TY - JEFFS ORPya~
IS HOM
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B
Laaywyrenc~e ogle" '
By_ U44 All
r ,
B Y
Phil ips Dickenson'
Page Three
f . W~w
to .
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By
John Glase
,r
By ~i
Tom M. Alderson
Trustees
THIRD PARTY
By
Arnold W. Davis
2 t l~ L,L C o
By
Bf ty Davi
Lance A. Davis
Patricia D. Davis
STATE OF WASHINGTON )
) 55
COUNTY OF KING )
I, the undersigned, a notary public in and for the-State4*f Washington, hereby
certify that on this I-V44''day of .,.1966, personally appeared before me
ROBERT E. GAINES and ELISABETH HERITAGE, to me known to be the Mayor and City Clerk,
respectively, of the CITY OF.AUSURN, the municipal corporation executing the fore-
going instrument, and ARNOLD W. DAVIS, BETTY Z. DAVIS, LANCE A. DAVIS and PATRICIA
0. DAVIS, to me known to be the i.ndividuals described in and who executed the fore-
going instrument, and acknowledged the said instrument to be their free and voluntary
act and deed, and that they signed the same for the uses and purposes therein men-
tioned.
GIVEN under my hand and official seal the day
and year last above written,...,,
.)•i+j I l S V„d
.
NOTAR PUB IC in and for the:SatS~,
Washington,
residing at Aubur. ''"F
STATE OF WASHINGTON )
? -
ss
COUNTY OF KING )
1, fihq,,undersigned a notary public in and for
the State of Washington, hereby
cent i ;yw•t f .~dYn,0 this day of ~ , 1966,
personally appeared before me
OjiN T. GLASE, PHILLIPS D I CKENSON, L
AWRENCE BOGLE, and TOM M.
ALVRSOt: % known to be the Trustees.the THE JE
h
O
d
d
el
, ~
X
-P
n
FFS ORPHANS HOME, who executed
i
d
s Tume
t and acknowle
ge
t
at they
th
4N
o
g
vi
s
gned. an
sealed the same as
their." ee and WIGntary act and deed, for the uses
and purposes therein mentioned,
andll,a' at Olif-a 1Y d that they were authorized to execute the said instrument.
t
c,, ~y t.~,
*jr ,I L II11und r, my ,hA,nd anil' of f i c i a 1 seal the day
and year last above written.
,may
NOTA Y PUBLIC in
arki for the gLate of
Was ngton, .
j
res i i ng at
? T1 ~
Page Four
STATE OF WASHINGTON )
) ss
COUNTY OF KING . )
I, the undersigned, a notary public in and for the State of Washington, hereby
certify that on this 22'"x' day of 1966, personally appeared before
me KENNETH F. WEEKS, to me known to be a Trustee of the JEFFS ORPHANS HOME, who
executed the foregoing instrument and acknowledged that he signed and sealed the same
as his free and voluntary act and deed, for the uses and purposes therein mentioned,
and on oath stated that he was authorized to execute the said instrument.
GIVEN under rW hand and official seal the day and year last above writterj..••w"-- ,
i'~ '10 it c1 '
Washington,.residing at
rr
Page Five
--,.*1.4773 PAGE 258
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1 CITY OF AUSURK LEGEND it
1 I CO1, FFZC%-KENSWE LAND
USE PLA~1 Water Line Easement 9
1N'/z sec. 1- 21-4. Sewer Easement
LEGEti1D W'/2 Sec. 12-21-4 Temporary Sewer Easement
~s:~G71«,xt~~nes~ COZY Ltcntz- Sec. t t-11-4
,R`.'aLflENT1A~.. PUML VC USE
Of y
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Filed for Record °x 19
Request of, ~z
ROBERT MORRIS, County Auditor
o
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C.~
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C~
RECQR" 4773 ed5
VOL
PAGE 2.5........ RLQUEST OF
19!'S A'!i 12 1'I,i 1 73
rY vl H.
IEPUTY
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