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HomeMy WebLinkAbout20050617000109 SEWER EASEMENT 061705Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001. EXCISE TAX NOT REQUIRED King my Rec ds Dnnsion Deputy PACIFIC NW TIT EA PAGE001 OF 005 06/17/2005 09:26 KING COUNTY, WA III 1111111111 ~111111 111 70 0109 S 23.00 Above this line reserved for recording; information. EASEMENT FAC04-0006 ,aid docurneNs) were filed for reowd by Pacific Northwest Titl as Reference # (if applicable): N/A a0COMM ation only. It has not bee Grantor/Borrower: JPS Holdings, LLC examined as to proper executio or Grantee/Assignee/Beneficiary: ciary: City of Auburn ft 10 its affect upon title. Legal Description/STR: 10-21-05E K r - 11~ - 7,A • 0-,!~ 65(4) Assessor's Tax Parcel [D#: 092105-9114 & 9154 qlfW~ - to I LAX:;D- I-.?- 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, J]PS Holdings, 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 8-inch sanitary sewer main 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 Page I of 5 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 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. Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this _ (,o day of (YEA- y , 2005. STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Jo q I n bE- , S N is/w.e, the person(s) who appeared before me, and said person acknowledged that TiVshe/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the A l\'10 P L- of J PS ( LI-C, a limited liability company, to be the free and voluntary act f such party far the uses and purposes mentioned in the instrument. Dated S a (P 0.S' L• B~q~j ~gSlOly' t'~i ~ 11 ' ~ P~ r ! c° NorAgy r cn: 4ff~ , AUBLI~ Notary Public for the St . : e of ashington ' Residing at l >7 J~ Co to•. r-19-C.... 1 c a -n ~ ~Qo;y.;~` ~cx My appointment expires l~ lirTr,' w Wltlb Filc: #990 REF. H:Development\Forms\Legal Documents'QO05 Easement Page 3 of 5 EXHIBIT A SANITARY SEWER EASEMENT :LEGAL DESCRIPTION THAT PORTION OF THE HEREIN-AFTER DESCRIBED PARCEL "A" LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE NORTH 01°13'46" EAST, ALONG THE WEST LINE THEREOF, A DISTANCE OF 180.12 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 61031'08" EAST A DISTANCE OF 142.32 FEET; THENCE SOUTH 88044'53" EAST A DISTANCE OF 226.48 FEET TO THE EAST LINE OF THE WEST 353.00 FEET OF SAID PARCEL "A"; THENCE SOUTH 01°13'46" WEST, ALONG SAID EAST LINE, A DISTANCE OF 105.00 FEET TO THE NORTH LINE OF THE SOUTH 10.00 FEET OF SAID PARCEL "A"; THENCE SOUTH 88044'53" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 240.24 FEET TO THE EAST LINE OF SAID PARCEL "A" AND THE TERMINUS OF SAID DESCRIBED LINE. EXTENDING AND/OR SHORTENING THE EXTERIOR MARGINS OF THIS EASEMENT 'f0 INTERSECT EACH OTHER WHERE APPLICABLE AND TO TERMINATE AT THE EAST AND WEST BOUNDARIES OF SAID PARCEL "A". PARCEL "A" THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTH OF A LINE PERPENDICULAR TO THE EAST LINE OF SAID EAST HALF AND 612.00 FEET NORTH OF THE SOUTHEAST CORNER THEREOF (AS MEASURED ALONG SAID EAST LINE); EXCEPT THE EAST 30.00 FEET THEREOF; AND EXCEPT THOSE, PORTIONS CONVEYED TO KING COUNTY BY DEEDS RECORDED UNDER RECORDING NUMBERS 6085503 AND 6085504. Easement Page 4 of 5 7 Q F-- 0 rr) POINT / OF-/ BEGINNING iv m z° VJI EXHIBIT "B" SANITARY SEWER EASEMENT al GRAPHIC EXHIBIT --10' 561'31'08"E -142.32' 20' SANITARY SEWER EASEMENT ti r - - 226.48' oI fly POINT OF COMMENCING z I W VI z ~ N ld ~ z 0 J 41 N88'44'53"'W 590.60' 0 Z cV ll I I 10' S88'44'S3"E w - -240.24'- - - - - r Y1 68.36' r n z i 9 10 GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 1 inch a 100 (t. Easement Page 5 of 5