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HomeMy WebLinkAbout9704030925 UTILITY EASEMENT 040397/,2 - ) 4tl Filed for record at the request of after recording, return to: Judith Ausman, Esq. City of Auburn 25 W. Main Street Auburn, WA 98001-4998 A3 r3)-1 e- den W11 µ 3.13. ~ ~u ca t.) ro ru 4) Ca r~ lq _RZ C.) G) c7 v EASEMENT Grantors: j Grantee: tit Legal Description: C C; Assessor's Property Tax Parcel Account Number(s): 281656.M24 1. Garrett, Dwight A. 2. Garrett, Doris V., a martial community 1. City of Auburn, a Washington municipal corporation 1. Portion of Lot 2, City of Auburn Short Plat No. SP-15-81, in King County, Washington 2. Additional legal description is attached as Exhibit C to document. 00080-0036-01 EXCISE TAX NOT REQUIRED King Co. Records Ui on g Deputy EASEMENT THIS EASEMENT is made and entered into as of the 7 day of 1997 by and between DWIGHT A. and DORIS V. GARRETT, a marital community ("Grantor"), and the CITY OF AUBURN, a Washington municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of certain real property situated in the County of King, State of Washington, legally described on Exhibit A attached hereto and incorporated herein by this reference. B. Grantor and Grantee have entered into an agreement pursuant to which Grantor is conveying to Grantee certain real property, more particularly described on Exhibit B attached and incorporated herein by this reference, which property is adjacent to Grantor's real property. Pursuant to that agreement, the parties have agreed to execute and record this Easement over Grantor's property for the benefit of the property Grantor is conveying to Grantee. AGREEMENTS In consideration of the mutual benefits and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree: Ln 1. Grant of Easement. Grantor grants and conveys to Grantee a perpetual nonexclusive easement for the purposes of public access, ingress and egress over, across, along, upon and under the real property more particularly described on Exhibit C attached hereto and incorporated herein by this reference (the "Easement Area"), burdened property, for the purpose of constructing, operating, maintaining and repairing access, utilities, storm drainage facilities cT and appurtenances thereto (collectively the "Easement Area Improvements") in accordance with the concept shown on Exhibit D attached hereto and incorporated herein by this reference. Any underground utilities placed in the Easement Area by Grantor or Grantee shall be designed with sufficient capacity to serve both parties' properties and shall be made available to both parties for such use. 2. Grantor's Use of the Easement Area. Grantor may utilize the Easement Area for underground utilities and access only, parking prohibited, and Grantor's use of the Easement Area shall not interfere with or obstruct Grantee's use of the Easement Area. Any improvements within the Easement Area constructed by Grantor shall be consistent with the improvements shown on ;Exhibit D attached hereto. 3. Indemnification. Grantor and Grantee shall each defend, indemnify and hold the other party harmless from any and all costs, claims and damages which arise out of or are connected with the rights and duties conferred to the parties for the Easement Area, except for each party's own comparative negligence. 4. Successors and Assigns. This Easement shall run with the land and the rights and obligations of the Grantor and Grantee shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. 5. Entire greement. The provisions contained in this Easement shall constitute the entire agreement between the parties, and any amendment hereto shall be in writing and signed by both parties. 6. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. IN WITNESS WHEREOF the parties have entered into this Agreement on the date first set forth above. GRANTORS: / D ight A. Barrett V, LO) 06 a~~4 ) Doris V. Garrett J: G C' GRANTEE: CITY OF AUBURN CTi By:kawl~. (a.4 Its 1M r I'll Acknowledgments attached -2- STATE OF WASHINGTON } } ss. COUNTY OF KING } On this day personally appeared before me DWIGHT A. and DORIS V. GARRETT, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 1997. N C: O i~ T ,tor , % ° F •ti a 41. ' (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at 23cl My commission expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me of the CITY OF AUBURN, the Washington 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 Washin ton municipal corporation for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument. GIVEN under my hand and official seal thisa/hay of 1997. 281682. M24 h~ "100 In &)MIlW~11ef- (Print name of notary) NOTARY PUBLIC in and r the State of Washington, residing at My commission expires -3- EXHIBIT A THAT PORTION OF THE J.A. LAKE DONATION LAND CLAIM NO. 39 & 41 AND THE JOSEPH BRANNON DONATION LAND CLAIM NO. 37 & 38, TOWNSHIP 21 NORTFI. RANGE 4 EAST AND TOWNSHIP 21 NORTH, RANGE 5 EAST. W.Nt, KING COUNTY,WASHINGTON DESCRIBED AS FOLLOWS. BEGR'NING AT THE NORTHEAST CORNER OF TIM IA, LAKE DONA T ION LAND CLAIM NO. 41; THENCE S 00.5.25 W ALONG THE EAST BOUNDARY LINE OF SAID LAKE CLAIM, A DISTANCE OF 8.00 -EE ; THENCE NSS-49-52 W ALONG A LINE 8.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID LAKE CLAIM, A DIS TANCE OF 4531.95 S 00.52.25 W A DISTANCE OF 22.00 F=T TO THE MOST NORTHERLY NORTHEAST CORNER OF LOT I, CITY OF AUBURN SHORT PLAT NO. 15-S I, RECORDED UNDER.. KING COUNTY RECORDING NO. 3207299002; THENCE N 89.49.52 W A DISTANCE OF 1004.98 FEET TO ' `rM NORTHEAST CORNER OF LOT 2 OF SAID SI40RT PLAT AND THE TRUE FO1?, i OF 3EGINNINO; THENCE S 00.51.25 W A DISTANCE OF 2202.27 FES TO A POINT WHICH BEARS S 88-49.52 E FROM THE MOST PIESTERLY SOUTHWEST CORNER OF SAM LOT 2; A DISTANCE OF 1204.88 FEET, SAID CORNER ALSO BEING -ITIE SOUTHWEST CORNER OF TRACT X OF SAID SHORT PLAT AND ON THE P-AS-lZRLY.vjrj iTOF WAY MARGIN FOR TIC:: BURLINGTON NORTHERN RAIL ROAD; THENCE N 88-49-52 W A DISTANCE OF 1144.88 FEC i, TO THE SOLM-MAST CORNER OF SAID TRACT X; THENCE N 00-54.08 E, ALONG A LINE 60.00 EAST OF AND PARALLEL WITH 17:IE SAID EASTERLY RIGHT OF WAY MARGIN, A DISTANCE OF 2174.89 FEET. Tr£ENCEN50-45.15 E A DISTANCE O>= 42=:FEETTO THENORTH LINE OF SAID LOT 2: THENCE S 8849-52 E. ALONG SAID NORTH LINE, A DISTANCE OF 1110.87 FEZT TO THE NORTHEAST CORNER OF SAID LOT 2 AND -1H TRUE POINT OF BEOIWING. 4 CONTAINS 2,5I8.956 SQUARE FEET (371.83 AC.) OF LAND MORE OR LESS. cl C C . i` EXHIBIT B PORTION OF LOT 2 AUB SP 15-81 - GARRETT TO CITY THAT PORTION OF LOT 2, CITY OF AUBURN SHORT PLAT NO. SP-15-81, RECORDED UNDER KING COUNTY RECORDING NO. 8207299002 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 2, ALSO BEING THE SOUTHWEST CORNER OF TRACT X OF SAID SHORT PLAT; THENCE S 88-49-52 E, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT'), A DISTANCE OF 516.43 FEET TO AN ANGLE POINT IN SAID SOUTHERLY BOUNDARY OF LOT 2 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 88-49-52 E A DISTANCE OF 688.45 FEET TO THE EAST LINE OF M. SAID LOT 2; THENCE S 00-51-25W, ALONG SAID EAST LINE, A DISTANCE OF c 1399.20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N 0 88-53-43 W, A DISTANCE OF 684.;1 FEET TO THE MOST SOUTHERLY 'IT SOUTHWEST CORNER OF SAID LOT 2; THENCE N 00-41-16 E A DISTANCE OF 1400.00 FEET TO THE TRUE POINT OF BEGINMNG. CONTAINS 960,640 SQUARE FEET (22.05 AC.) OF LAND MORE OR LESS. EXHIBIT C H FOOT WIDE PUBLIC ACCESS & UTILITY EASEMENT GARRETT TO CITY THAT PORTION OF LOT 2, CITY OF AUBURN SHORT PLAT NO. SP-15-81, RECORDED UNDER KING COUNTY RECORDING NO. 8207299002, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 2, ALSO BEING THE SOUTHWEST CORNER OF TRACT "X" OF SAID SHORT PLAT; THENCE SOUTH 88° 49'52" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "X" AND THE TRUE POINT OF BEGINNING; C2 THENCE CONTINUING SOUTH 88° 49'52" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2, A DISTANCE OF 456.43 FEET TO AN ANGLE POINT IN SAID SOUTHERLY BOUNDARY OF LOT 2; a THENCE CONTIMJING SOUTH 88° 49' 52" EAST, A DISTANCE OF 85.00 FEET; o: THENCE NORTH 00° 54' 08" EAST, A DISTANCE OF' 0.00 FEET; THENCE NORTH 88° 49' 52" WEST A DISTANCE OF 541.43 FEET TO THE EAST LINE OF SAID TRACT "X"; THENCE SOUTH 00° 54' 08" WEST ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNNG. CONTAINS 16,240 SQUARE FEET OF LAND MORE OR LESS. 21651 1.124 LO LN Ja O O - C' C> :t- tr Uil X14 o L E+ ~1 H 1341 H L x w V a lr~~ 20' La0Kt,~I~is7' rJO fE: AID 51 act~G/~t~7~n.~~ wr1L{~ d L✓OR/,+6 to BE_ coNsrRUGi-W W1771m] 3o' 661W; I! ~ st.xtsat isstc 0