HomeMy WebLinkAbout20030422001004 WATER EASEMENT 042203z ~7- 2
Return Address: f 20030422001004
City of Auburn PAGEF001NOFT00SEAS 23.00
City Clerk K ! ING COUNTY, , WA 04/22/2003 WA
KING COUNT
25 West Main - _ _
Auburn, WA 98001 ----J- -
Above this line reserved for recording information.
a3 PN VJT EASEMENT
VV 7 1 I -V- ~ a, (PACU2-UU3
Reference # (if applicable): N/A
Grantor/Borrower: BM @:Auburn, LLC
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
SW 1/a, 07-21-05E
Assessor's Tax Parcel ID#:
257840-0070
Said document(s) were filed for
record by Pacific Northwest Title as
accommodation only. It has not been
examined as to proper execution or
as to Its affect upon title.
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, BM @ Auburn, 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 190 LF of 8" waterline 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.
Easement (Corporate)
Page 1 of 5
l
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 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.
IN WITNESS WHEREOF, said Limited Li.Ability Company has caused this instrument to
be executed by its proper officer(s) this /lT ` day of ~')t~i"G~- , 2003.
utho zed Signat e
Authorized Signature
Easement (Corporate)
Page 2 of 5
,M
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that~rv, o F f. J. M oe.P-i-s
is/are the personwho appeared before me, and said person acknowledged that
he/she/they signed this instrument on oath stated that he/she/they as/were authorized to
execute the instrument and acknowledge as the mA iv A- ~ Rd-
of the b M H L.
a limited liability company, to be the free and voluntary act of such party for the -uses and
purposes me tinned in the instrument.
Dated 1 a3
< E.eaa
• o NOTgq~ 13
` co : Notary Public in and for the,Sta of Washington
tP t C residing at c.o ; u r- y
o y ' r. t s . 03 My appointment expires
_T f/ a
' v
WW:bi
File: #910
Ref: H:Development\Forms\Legals\2003
Easement (Corporate)
'Page 3 of 5
EXHIBIT A
A PORTION OF LOTS 2 AND 11 OF BLOCK 2 OF FLOOD'S FIRST ADDITION, AS PER THE
PLAT RECORDED IN VOLUME 45 OF PLATS, PAGE 63, RECORDS OF KING COUNTY,
WASHINGTON, ALSO A PORTION OF THE ALLEY WAY VACATED BY ORDINANCE
NUMBER 5705 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 11; THENCE ALONG THE
SOUTH LINE OF THE SOUTH 88053'54" WEST A DISTANCE OF 7.96 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 01 °01'47" WEST A DISTANCE OF 128.24 FEET;
THENCE NORTH 89°20'54" EAST A DISTANCE OF 7.22 FEET TO THE EAST LINE OF
SAID LOT 11; THENCE ALONG SAID EAST LINE NORTH 01 021'42" WEST A DISTANCE
OF 15.00 FEET; THENCE SOUTH 89°20'54" WEST A DISTANCE OF 7.13 FEET; THENCE
NORTH. 01 001'47" WEST A DISTANCE OF 20.05 FEET; THENCE NORTH 89°20'54" EAST A
DISTANCE OF 6.73 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID
EAST LINE NORTH 01 02746" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH
89°20'54" WEST A DISTANCE OF 21.58 FEET; THENCE SOUTH 01'01'47" EAST A
DISTANCE OF 183.41 FEET TO THE SOUTH LINE OF SAID LOT 11; THENCE ALONG
SAID SOUTH LINE NORTH 88°53'54" EAST A DISTANCE OF 15.00 TO THE POINT OF
BEGINNING.
Page 4 of 5
EXHIBIT B
NE 114 SW 114 OF S 7, T 21N., R. 5E. WY.,
CITY OF AUBURN, KING COUNTY, WASHINGTON
I N8970'54 "E
I x21.58'
N ~
I R N.8920'54 "E
J~_ 3 6.73 _ Z
VA CA
ALLEYTWAOY °v A S89zli,
T 3 2 7.13'
I I o
V E
I I
Fl~!, 7.22'
I I I N8970'54 "f
I ~I I
3I
I A~~ ~ I `L I
z \ I
. I 11 I ~ ~ o
I I I ~ 12 I
NI2 I Q BLOCK 2 OF FLOOD'S FIRST
I ADDITION, VOLUME 40 OF
I I I I PLATS, PAGE 63, RECORDS OF
KING COUNTY, WASHINGTON;
I ~~I I
1796, THE SE CORNER
37.01_ .1-1.0OF LOT 11
S8853'54 W S8-853 54 "W J
14TH ST NE
30 0 30
1 inch = 30 ft.
a 13 DAVID R. DOWNING & ASSOCIATES
PROFESSIONAL LAND SURVEYORS
4229 76th ST N.E. SUITE 202
MARYS~ILLE, WA:, 98270
(360) 653-5385
Page 5 of 5
DATE. 2119103
SCALE: 1 " ° 30
✓OB/ 02-072
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