The URL can be used to link to this page

Home My WebLink About20040708002072 WATER EASEMENT 070804ON Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20040708002072 PACIFIC NW TIT EAS PAGE00i OF 006 KINGBCOUNTY, W40 Above this line reserved for recording information. WATER MAIN EASEMENT FAC03-0027 S~a3 PNwrt- Reference # (if applicable): N/A Grantor/Borrower: Green River Community College Foundation Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW'/<09-21N-05E Assessor's Tax Parcel ID#: 092105-9215 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, Green River Community College Foundation, 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 Page 1 of 5 R 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 5 IN #ITNESS WHEREOF, this instrument to be executed by its proper officer(s) this day of, 2004. 6/7 4 F~ee~et~t ~A s~~. Secretary STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that , c~C ~►'u, M is the person who appeared before me, and said person acknowledged that h'she signed this instrument, on oath stated'thatGhe~she was authorized to execute the instrument and acknowledged it as the 1 r . (S2 -e n } i k Y ~ c\ta h Ac. of, a non-profit corporation, to be the free and voluntary act of such party for the uses and purposes me tinned in this instrument. Dated tp I oq Notary Pubes in an or Residing at f V My appointment expires CP/bi File: #957 REF. 11:Development\Forms\Legal Documents\2004 a I-e- the State of Washington Water Main Easement Page 3 of 5 EXHIBIT "A" Waterline Easement Description THAT PORTION 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 A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 86°07'46" EAST 42.00 FEET ALONG THE SOUTH LINE THEREOF TO THE EAST LINE OF THE WEST 42.00 FEET OF SAID SUBDIVISION; THENCE NORTH 03008'04" EAST 16.21 FEET ALONG SAID EAST LINE TO THE CENTER OF AN EXISTING 12-INCH DIAMETER WATER MAIN; THENCE ALONG SAID WATER MAIN THE FOLLOWING FOUR COURSES., THENCE SOUTH 85059118" EAST 53.69 FEET; THENCE SOUTH 76005155" EAST 157.84 FEET; THENCE NORTH 45000100" EAST 21.27 FEET; THENCE. SOUTH 89042136" EAST 107.84 FEET TO THE EAST LINE OF THE WEST 372.58 FEET OF SAID SUBDIVISION AND THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE CONTINUING ALONG SAID WATER MAIN AND EASEMENT CENTERLINE THE FOLLOWING SIX COURSES: THENCE CONTINUING SOUTH 89442136" EAST 44.52 FEET; THENCE NORTH 45017'32" EAST 9.85 FEET; THENCE NORTH 8.57 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B" WHICH BEARS WEST FROM THE CENTER OF AN EXISTING FIRE HYDRANT,; THENCE CONTINUING NORTH 155.54 FEET; THENCE NORTH 41007'18" WEST 17.59 FEET; THENCE NORTH 86007119" WEST 29.82 FEET TO SAID EAST LINE OF THE WEST 372.58 FEET AND THE TERMINUS OF SAID EASEMENT CENTERLINE AND FROM SAID TERMINUS SAID TRUE POINT OF BEGINNING BEARS SOUTH 03008'04" WEST 186.36 FEET DISTANT; AT-80, BEGINNING AT SAID POINT "B", THENCE EAST 11.02 FEET TO THE CENTER OF AN EXISTING FIRE HYDRANT; THENCE CONTINUING EAST 7.80 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; THE SIDELINES OF THIS EASEMENT SHALL BE SI1 SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID EAST LINE OF THE WEST 372.58 FEET. SITUATE IN KING COUNTY, WASHINGTON. CAPSTONE DEVELOPMENT , G.R.C.C. STUDENT HOUSING , WILLIAM A. HICROX, P.L.S.'j 'BRH JOB NO. 2003077•.02 9 MAY 11, 2004 BUSH, ROED & HITCHINdS INC. 2009 MINOR AVENUE EAST SEATTLE, SETA 98102 (206) 323-4144 5- FI-M- Water Main Easement Page 4 of 5 I,, v EXHIBIT "B" Water Easement Exhibit i 6 N .t~ f ~A ~ ° ~O y~ a M si e y 2w~~ I r1NV-, uouvaNna3 tl3Ait4 N33)JO j Y ~v j ,8S'ZLC M '3!7 3 r Id+ r;r z Ill r- z W I 3i(r VJ ~ S 1 I i O L) r ~d! : 0 C d CJ n r h ~r^=ri3 28 O x~ fill $ ; 3 to °z r !V N• yy nti ti l `o co o o I i r ~ r lpfN 1f1m ,f♦i~ NN ~J~ r j 1 ! I tom/ \1 `..J 'ti% 4' I.ni Rl FYI HOW b r 1 °J 0 I~ IV r! . a U I Ow ! 10 r f MPP ~ Z I Uzi a w F O w Q U 2 k (A w & K7 r z Z Q P g'I tai o ? w 3 wC9 f ~ a s H Li! W „i I 10 Water Main Easement Page 5 of 5