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
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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:
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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:
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GRANTEE: CITY OF AUBURN
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By:kawl~. (a.4
Its 1M r
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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.
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,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.
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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
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