HomeMy WebLinkAbout20040730002627 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
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Water Main Easement
Page 8 of 8