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Home My WebLink About20030912001250 SEWER EASEMENT 091203A-3-/3z Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 200309120@1250 PACIFI C NW TIT EAS 23.00 09/12//2003F ~ g 10 KING COUNTY, 4Jp Above this line reserved for recording information. SANITARY SEWER EASEMENT FACO 1-0003 Reference # (if applicable): N/A Grantor/Borrower: Charles Ludwig & Lavelle~''udwig Grantee/Assignee/Beneficiary; City of Auburn ~j2 3 PNw--c Legal Description/STR: 17-21-05E S S r7^ ('L Assessor's Tax Parcel ID#: 334100-130 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, Charles Ludwig & Lavelle Ludwig; husband and. wife 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 a Sanitary Sewer Force Main AND APPURTENANCES THEREOF, said real property being described as follows: Said doatr:xv(s) were filed for SEE EXHIBITS "A" AND "B", ATTACHED HEIZyA4NwY+IWrtte as REFERENCE MADE A PART HEREOF. 00abon only. It has not been examined as to proper execuom or as to its affect upon title. 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 Casement 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. IN WITNESS WHEREOF, said corporation has caused this instrument to. be executed by its proper officer(s) this /0 day of r p b o~ , 2003. Authorized Signature Auth rized Signature 01 W W/bi File: #812 REF. H:Development\Forms\Lega1 Documents\2003 Sanitary Sewer Easement Page 2 of 5 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Ch~.zlas 1.udw~ and 44 w. L u J L is/are the person(s) who appeared before me, and said individual s) acknowledged that he7sFe/they signed" this instrument and acknowledged it to be •Fii`slher/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated 911D103 ;~,r'~ t4 ON I, Notary Public in and for the State of Washington o N07AR;, m:• .4 QP Q0 residing at My appointment expires rr r a3 j PUBLIC 9, ~h WASH%NG Sanitary Sewer Easement Page 3 of 5 EXHIBIT A SANITARY SEWER EASEMENT AN EASEMENT FOR SANITARY SEWER LYING UNDER, ACROSS AND THROUGH A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE INSTRUMENT RECORDED UNDER RECORDING NUMBER 19991012001137, RECORDS OF KING COUNTY WASHINGTON: SAID EASEMENT BEING A STRIP OF LAND OF VARYING WIDTH BEING MORE PARTICULARY DESRIBED AS FOLLOWS: BEIGINNING AT THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN A STATUTORY WARRANTY DEED RECORDED UNDER RECORDING NUMBER 19991012001137, RECORDS OF KING COUNTY, WASHINGTON; THENCE S 58D57'00" W A DISTANCE OF 16.59 FEET; THENCE S 47D53'52" E A DISTANCE OF 64.07 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF 104TH PLACE S.E.; THENCE N 31D03'00" W ALONG THE SOUTHWESTERLY MARGIN OF 104TH PLACE S.E, A DISTANCE OF 61.89 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. THE ABOVE PARCEL IS CURRENTLY BEING ASSIGNED KING COUNTY ASSESSOR PARCEL NUMBER 334100-0130 AS OF SEPTEMBER 4, 2003. Sanitary Sewer Easement Page 4 of 5 i EXHIBIT B Sanitary Sewer Easement Page 5 of 5 I I I I I lea CITY CLERKS OFFICE S w CITY OF AUBURN ,SLOEE EASEMENT 25 WyyeyystgqMain 98001 T made this -a day of August, 1992, by and between the [M m iHiSb~[YtEEM N CITY OF.,AUBURN, a municipal corporation of King County, Washington} heroinafor termed 'Grantee" and RAYMOND and IRENE FENSTER husband and " f A~ NU I HEQUIRED y wife heriinafts.C....t9rmed Grantor", Kt1p CO. DMdal j WITNESSET)4: j 3 nto ;Yor yal~a4le consideration doss by these That tha.,saId,'Ora presents grvant t4.6 `to'Or nt4 a O pge:r'easement as required in the construction of improvemahtt„,'on', the East end of 4th St South East. The slope easement Is'desc6bed As folIOQsA The West 12 foot of the North , Xi of th`a f,q,l,lowing: That portion of the Southeast quarter Of the Southwest t-arter of Section.; 17, Township 21 North, Rahge 5 East', W-J4.,which ties North of the Northern P,:lc i f i'c Railway Company's r i gtrt of way D(CEPT that" port ion doscr 'bed= as` fo,) 1 owe t CD Commerc'ing, at...the intersection of Violet &'trlFet and;Rivor Drive in ` East Auburn Garden Tracts, according to plat thoroo4 recorded In Volume 18 j ~ of Plats, page 984- co cords of said county; Thence South 00 42' 59" East CD along the.,CSwt erIiheof..Vl.olet St., a distance of 660.06 feet; thanks North 890 58" 1$",East -:k distance of 4,50 feet to the true point of, beginning: thencr` 00.'36'42! East a distance of 370.80 feet: thencelSouth j 7910 51' 42" East a,,•tistaoce >of 225;:87 feet) thence North 00 36' 42" West a distance of 410."9b foety thence' South'^690 56' 18" West a distance of 222.90 feet to true poi61'a,f h,laginni,agv and except that portion described as follows: Beginning at a point on the"North=line,,of said Southeast quarter of j the Southwest quarter, 227.40-fa(et East from t" No corner thereoft thence South 00 36' 42' East 416iF6 filet to'th'e Northar.ty lino of the Northern Pacific Railway Company's right of ways theflce along said northerly line South 7910 51' 42" East 206:27 foet;"tho.me North DO 361 421 West 447.49 feet more or less, to the North line of sa,'d Southeast quarter of the Southeast quarter, thence West along said North 11ni202 ps feet,,.. more or less to the place of beginning: and EXCEPT ALSO that portion 'of the said Southeast quarter of the Southwest quarts described a% follows; j r Beginning at a point on the North line of said Southeast l/4 of th'e', Southwest 1/4 4.5 feet East from the Northwest corner theroofl thence South 00 36' 42" East 370.8 feet, more or less, to the Northerly llnei.af the Northerly line North 700 51' 42" West 4.40 feet, more or less,to."the West line of said Southeast 1/4 of the Southwest 1/4 E thence North"" 38' 17" West 370.02 feet, more or less to place of beginning, containing 0.04 acres, more or less. TOGETHER WITH right 04 way 20 feet wide over and across portion of the Southeast quarter of the Southwest quarter of said Section 17 lying South of Northern Pacific Railway Company's right of way and North of County Road, said 20 feet right of way being located 578 feet, more or less, East of west line of the Southeast quarter of the Southwest j quarter. I CIibPDF - www.fastio.cor7i III^ 'lh:at said Grantee shall have the right without prior institution of any suit or proceeding at law, at times as may be necessary, to voter upon `sa'id,-easement. for.. the purpose of placement of roadway slopes without Pncurri`ng`any ,Le.,gal..obl'igatrlan or liability therefor; provided, that such construct ion:>ehal1 bi accanpli'shgd.in such a manner that private improvement sh1Inot be:*disturtigll or destroyed, or in the event they are destroyed, `'thty'wi l l tfe replacidi,nas good a condition as they were immediately before the property was entered upon by the Grantee. This easement'sha11 be automatically ext'i,oquished in the event Grantor, its heirs, successors, and assion4, Oning the land herein burdened,by the easement to`thei;gra4e.,of Orantesrtq:areat pavement. r This easement shal l be cove nant ounn I nq w„j th _'the A ar)6 Ad shal l be binding one,the-.successors, heirs, and dssrgn's gf...both, part,Jes hereto. Dated'thts f day of August, 1992. nrensZer, LR`~ t i ee tonster Nr FF_.NJ N 189a Rl1.' STATE OF WASHINGTCN)? COI,NTY OF KING ) ss I, the undersigned, a Notary-Public In.and:..for the State of m Washington, duly commissioned afia sworn ,;:he,re4x,.rertify that on this day personally appeared before me Raymond Fenster and Irene Fenster, to me known to be the Individuals described in and who executed the foregoing instrument and acknowledge that they signed and sealed tht'same `as ,there.........,. free and voluntary act and deed for the uses and purp0ses;thV.re1!n mentioned. GIVEN under my hand and seal this L_ day of August`i:`1992. RESIDING AT A t~iw.Vn. IA1ti ref -914 CIibPDF - www.fastioxonl r CIib.PDF - www.fa,, ►I