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Home My WebLink About20040730002627 WATER EASEMENT 073004. t A Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20040730002627 PACIFIC NW TIT EAS 26.00 PAGE001 OF 008 07/30/2004 14:34 KING COUNTY, WA Above this line reserved for recording information. WATER MAIN EASEMENT FAC03-0027 S1 -2- V N 15 Reference # (if applicable): N/A Grantor/Borrower: State of Washington, State Board for Community and Technical Colleges, Green River Community College Grantee/Assignee/Beneficiary: City of Auburn cM~~ ~e-v ) (AfOFG MCC; i1t.;, Legal Description/STR: SW '/4 09-21N-05,13Cri j,jY 1c Assessor's Tax Parcel ID#: 092105-9164 c,Omrr'c. 1,, has not baen as t0 Ufa. S(ftct up(yn Vilu. 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, State of Washington, State Board for Community and Technical Colleges, Green River Community College, hereby conveys and quitclaims 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 a 12-inch water line 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. 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. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Water Main Easement Pagel of8 EXCIS T NO REQUIRED .R PAY v 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 Grantee.. With Grantee 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 Grantee, 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 Grantee 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 Grantee 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 Grantee's use of the easement area. Said Grantee, its successors or assigns, will protect, save and hold harmless the Grantor, its authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever arising out of or in connection with any acts or activities of the Grantee authorized by this Easement. The Grantee further agrees to defend the Grantor, its agents or employees, in any litigation, including the payment of any costs or attorneys' fees, for any claims or action commenced thereon arising out of or in connection with acts or activities of the Grantee authorized by this Easement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Grantor or its authorized agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Grantor, its agents or employees, and (b) the Grantee, its agents or employees and involves actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or Grantee's agents or employees. 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 the event Grantee fails to use, or ceases to use, the Easement herein conveyed for a period of five (5) successive years, such Easement and all of Grantee's rights pertaining thereto, as herein provided, shall terminate and revert to the Grantor. Water Main Easement Page 2 of 8 IN WITNESS WHEREOF, this instrument to be executed by its proper officer(s) this - day of , 2004. _a U4 STATE OF WASHINGTON CITY OF AUBURN Ac ed By: im Osbo e, P.E. ~o7r+f~ 05as~ni~ Water Utility Engineer Date: CP/bi File: #957 REF. H:Development\Forms\Legal Documents\2004 Green River Community College Acting through the Department of Gei By: APPROVED AS TO FORM: Services Manager Date: 4)6 I1.7 By: ~✓~c~C~lT~~~ Assistant Attorney General Water Main Easement Page 3 of 8 Division of State Services Division of State Services Date: A v STATE OF WASHINGTON ) ) ss. County of THURSTON ) I, the undersigned, a Notary Public, do hereby certify that on this Y t" day of Jc- , 2004, personally appeared before me MARK L. LAHAIE, Real Est e Servi es Manager, Division of State Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. PUBLIC 5-2.0-03 STATE OF WASHIN r> ; otary Public in and for the State of Washington, } °~+2esiding at f #Iy commission expire Q ) ss. County of THURSTON ) I, the undersigned, a Notary Public, do hereby certify that on this. 9-ef day of , 2004, personally appeared before me ROBERT A. BIPPERT, Ass' tant D' ector, Division of State Services, Department of General Administration, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. , Notary Public in and for the State of Washington, 61`,.1 n,= i% Residing at , ti- Cam. My commission expires v Water Main Page 4 of 8 STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that TIM OSBORNE, P.E. is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the WATER UTILITY ENGINEER for the CITY OF AUBURN to be the free and voluntary act of such part for the uses and purposes mentioned in this instrument. Dated (Q (.t , 0 -P ..L :4 oTAR), 41FOF WPls n Lt~ A T olm- L"(-0 "I Notary Public 'd for Residing at My appointment expires StateRf Washington Water Main Easement Page 5 of 8 1/ EXHIBIT "A" Waterline Easement Description THOSE PORTIONS OF THE WEST 372.58 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN STRIPS OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET OF SUCH WIDTH ON EACH SIDE OF EASEMENT CENTERLINES DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 8600714611 EAST 42.00 FEE'T' ALONG THE SOUTH LINE THEREOF TO THE EAST LINE OF THE WEST 42.00 FEET OF SAID SUBDIVISION, THENCE NORTH 0340$104" EAST 16.21 FEET ALONG SAID.EAST LINE TO THE CENTER OF AN EXISTING 12--INCH DIAMETER WATER MAIN AND A TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE ALONG SAID WATER MAIN AND EASEMENT CENTERLINE THE FOLLOWING THREE COURSES: THENCE SOUTH 89°59'18^ EAST 53.69 FEET,' THENCE SOUTH 76605'55" EAST 40.23 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A" WHICH BEARS NORTH 13°46134" EAST FROM THE CENTER OF AN EXISTING FIRE HYDRANT; THENCE CONTINUING SOUTH 76005155" EAST" 73.58 FEET TO THE SOUTH LINE OF SAID SECTION 9 AND A TERMINUS OF SAID EASEMENT CENTERLINE, THENCE CONTINUING SOUTH 76405155" EAST 44.03 FEET ALONG SAID WATER MAIN TO AN ANGLE POINT THEREIN; THENCE NORTH 45°00100" EAST 10.18 FEET ALONG SAID WATER MAIN TO SAID SOUTH LINE OF SECTION 9 AND A TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE CONTINUING ALONG SAID WATER MAIN AND EASEMENT CENTERLINE THE FOLLOWING TWO COURSES. THENCE CONTINUING NORTH 45400400" EAST 11.09 FEET; THENCE SOUTH 89442'36" EAST 107.84 FEET TO THE EAST LINE OF SAID WEST 372.58 FEET AND A TERMINUS OF SAID EASEMENT CENTERLINE; THENCE CONTINUING ALONG SAID WATER MAIN THE FOLLOWING FIVE COURSES: THENCE CONTINUING SOUTH 89°42'36° EAST 44.52 FEET; THENCE NORTH 45°17'32" EAST 9.85 FEET; THENCE NORTH 164.11 FEET; THENCE NORTH 41407'18^ WEST 17.59 FEET; THENCE NORTH 86407119" WEST 29.82 FEET TO SAID EAST LINE OF THE WEST 372.5$ FEET AND A TRUE POINT OF BEGINNING OF SAID $ASEMENT CENTERLINE; THENCE CONTINUING ALONG SAID WATER MAIN AND EAS RENT CENTERLINE THE FOLLOWING FIVE COURSES: THENCE CONTINUING NORTH 86407119" WEST 82.94 FEET TO A POINT HEREINAFTER REFERRED TOO AS POINT "C" WHICH SEARS NORTH 03452141" EAST FROM THE CENTER OF AN EXISTING FIRE HYDRANT; THENCE CONTINUING NORTH 86407119" WEST 62.87 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D" WHICH BEARS NORTH 03°52'41" FAST FROM THE CENTER OF AN ZXISTING WATER METER; THENCE CONTINUING NORTH 86407'19" WEST 19.76 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E" WHICH SEARS NORTH 03452'41" EAST FROM THE CENTER OF AN EXISTING WATER METER; THENCE CONTINUING NORTH 86+07'19" WEST 73.64 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F" WHICH BEARS SOUTH 03°52141" (REST FROM THE CENTER OF AN EXISTING WATER METER; THENCE CONTINUING NORTH 86407'19" WEST 91.41 FEET TO SAID EAST LINE OF THE WEST 42.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 9 AND A TERMINUS OF SAID EASEMENT CENTERLINE AND FROM SAID TERMINUS THE INTERSECTION OF LAST SAID EAST LINE AND SAID SOUTH LINE OF SECTION 9 BEARS SOUTH 034011404" WES'T' 201.50 FEET DISTANT; ALSO, BEGINNING AT SAID POINT "A", THENCE SOUTH 13446'34" WEST 5.42 FEET TO THE CENTER OF AN EXISTING FIRE HYDRANT; THENCE CONTINUING SOUTH 13646134" WEST 7.50 FEET ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF; Water Main Easement Page 6 of 8 ALSO, BEGINNING AT SAID POINT "C", THENCE SOUTH 03052'41" WEST 13.53 FEET TO THE CENTER OF AN EXISTING FIRE HYDRANT; THENCE CONTINUING SOUTH 03052'41" WEST 7.50 FEET ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF; InG THERv WITH THOSE PORTIONS OF SAID WEST 372.58 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 LYING WITHIN STRIPS OF LAND 5.00 FEET IN WIDTH, HAVING 2.50 FEET OF SUCH WIDTH ON EACH SIDE OF EASEMENT CENTERLINES DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "D", THENCE SOUTH 03°52'411" WEST 13.72 FEET TO THE CENTER OF AN EXISTING WATER METER; THENCE CONTINUING SOUTH 03°52'41" WEST 2.50 FEET" ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "E", THENCE SOUTH 03°52141" WEST 13.41 FEET TO THE CENTER OF AN EXISTING WATER METER; THENCE CONTINUING SOUTH 03052141" WEST 2.50 FEET ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "F", THENCE NORTH 03152141" EAST 7.91 FEET TO THE CENTER OF AN EXISTING WATER METER; THENCE CONTINUING NORTH 03052'41" EAST 2.50 FEET ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF. THE SIDELINES OF THIS EASEMENT SHALL BE So SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID SOUTH LINE OF SECTION 9, IN SAID EAST LINE OF THE WEST 372.58 FEET, AND IN SAID EAST LINE OF THE WEST 42.00 FEET. SITUATE IN KING COUNTY, WASHINGTON. CAPSTONE DEVELOPM13NT G.R.C.C. STUDENT HOUSING WILLIAM A. HICKOX, P.L.S. 8RH JOB NO. 2003077.02 MAY 10, 2004 BUSK, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 923-4144 5-41-0+ Water Main Easement Page 7 of 8 EXHIBIT "B" Water Easement Exhibit ib ~ yap, ~ 2 CyAdg1 J, T~ r ~ s2 na $ w ZS t~ m K 1 o r , W .ll'►pt MLHOar - - r I t t Irvl awl NOI.LVONnoi N3AIN N33k118 m - 1 S Z4t 'M 3Mn 3 i r I n 1 J i ~a J OJ y 0- 0 A uu v LL N OQ nri 4 V NOS r1 U l:l H F Owl G (S G O Rio gtn Om QC S vi r m _,L _ _ r 0 ,z35'b/t 3'S 3Mn w 4 w I• Ip iQ iQ U w 1 Uj a V co ~s° E-Wa O y~ a ~ O y W r 0 O 9) a = / Q U Z Cl) r W W c 1 O Z 0 to U Z LU S UU a Q W It Water Main Easement Page 8 of 8