HomeMy WebLinkAbout20031013002986 SEWER EASEMENT 101303Od t,
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20031013002986
PACIFIC NU TIT EAS 23.00
PAGE 001 OF 005
10/13/2003 15:23
KING COUNTY, WA
EXCISE TAX NOT REQUIRED
King Co. Records Divisi
B • Deputy
Above this line reserved for recording information.
N W~-
SANITARY SEWER EASEMENT S/Z3 P
(FAC02-0021)
to S-a I v
Reference # (if applicable): N/A
Grantor/Borrower: John P. Byrne & Erin P. Byrne
Grantee/Assignee/Beneficiary: City of Auburn Said docutrerf(s) werr, f1I ~7
Legal Descri tion/STR: N W 8-21 N- r~ord by i'aeiiit:lLorfhv~lesf ~
P ommodafion only. It has not bue
Assessor's Tax Parcel ID#: 333940-0284 axamined as to r..P---
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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, John P. Byrne & Erin P. Byrne, 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 8-inch Sanitary Sewer 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.
Sanitary Sewer Easement
Page 1 of 5
EXCISE TAX NOT REQUIRED
Kir unty Records Division
®Y; , Deputy
ra
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 entryand/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 the Grantors have executed these presents this
day of~,-~ , 2003.
CP/bi
File: #902
REF. H:Development\Forms\Legal Documents\2003
Sanitary Sewer Easement
Page 2 of 5
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactoryevidenc that Oh V7 ~U rn e-
and r
are the persons who appeared before me, and s" individuals acknowledged that they
signed this instrument and acknowledged it to be their free and voluntary act for the uses
and purposes mentioned in this instrument.
Dated O kbe-ra) x 003
Notary Publk i and for the State of Washington
residing at
My appointment expires c~ - /0-0 LP
Sanitary Sewer Easement
Page 3 of 5
EXHIBIT "A"
SANITARY SEWER EASEMENT
LEGAL DESCRIPTION
PARCEL NO. 333940 0284
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL "X", LYING 7.50 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON, ACCORDING TO KING COUNTY BOUNDARY
LINE ADJUSTMENT NO. LOOL0035, RECORDED UNDER RECORDING NO. 20010109900009, ALSO
KNOWN AS KING COUNTY SURVEY CONTROL (K.C.S.C.) POINT NO. 7131;
THENCE SOUTH 88°55'55" EAST A DISTANCE OF 2633.29 TO K.C.S.C. POINT NO. 7130;
THENCE SOUTH 01012'46" WEST A DISTANCE OF 829.11 FEET TO THE POINfT OF BEGINNING;
THENCE SOUTH 18°12' 10" EAST A DISTANCE OF 272.31 FEET;
THENCE SOUTH 82015'18" EAST A DISTANCE OF 312.73 FEET;
THENCE SOUTH 88°38'01" EAST A DISTANCE OF 250.00 FEET TO THE TERMIN~IS OF SAID
DESCRIBED LINE.
EXTENDING AND/OR SHORTENING THE EXTERIOR MARGINS OF THIS EASEMENT TO
INTERSECT EACH OTHER WHERE APPLICABLE.
PARCEL "X"
LOT 2 OF KING COUNTY SHORT PLAT NUMBER 681007, RECORDED UNDER RECORDING
NUMBER 8201260536, SAID SHORT PLAT BEING A PORTION OF LOT 15, BLOCK 3, C.D.
HILLMAN'S AUBURNDALE ADDITION TO CITY OF SEATTLE DIVISION NO.], ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 62, IN KING COUNTY,
WASHINGTON;
EXCEPT THE WEST 105 FEET OF THE NORTH 111 FEET THEREOF;
EXCEPT THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE:
THAT PORTION OF LOTS 14 AND 15, BLOCK 3, C.D. HILLMAN'S AUBURNDALE ADDITION TO
CITY OF SEATTLE DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 13 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
THENCE ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, SOUTH 00-04'18" EAST, A
DISTANCE OF 967.98 FEET;
THENCE NORTH 89°51'47" EAST, A DISTANCE OF 30.00 FEET TO THE EAST MARGIN OF 108TH
AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°51'47" EAST, A DISTANCE OF 625.83 FEET TO THE EAST
LINE OF SAID LOTS 14 AND 15 AND THE TERMINUS OF SAID LINE.
(ALSO KNOWN AS LOT "D", KING COUNTY BOUNDARY LINE ADJUSTMENT NO. S921,0160,
RECORDED UNDER RECORDING NO. 9211259001 AS AMENDED BY AFFIDAVIT OF
CORRECTION OF BOUNDARY LINE ADJUSTMENT NO. S92L0160, RECORDED UNDER
RECORDING NO. 9603190628.)
Sanitary Sewer Easement
Page 4 of 5
EXHIBIT 'B'
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