HomeMy WebLinkAbout20030912001250 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
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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
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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.
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'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
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