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HomeMy WebLinkAbout20060210002270 UTILITY EASEMENT 021006W 13,zl '0q (V 6) Return Address: City of Auburn City Clerk. 25 West Main Auburn, WA 98001 2 0060210002270 MCIFIC NW TIT EAS 36.00 PAGE001 OF 005 02/10/2006 15'46 KING COUNTY, ~A fi~. ~-~7 Above this line reserved for recording information. D-- UTILITY EASEMENT Reference # (if applicable): N/A Grantor/Borrower: Auburn Investments, LLC Grantee/Assignee/13eneficiary: City of Auburn Legal DescriptiorVSTR: Section 13, Township 21, Range 04 Assessor's 'Fax Parcel ID#: 781570-0360 For and in consideration of Ten Dollars ($1.0.00) and other valuable consideration in hand paid, Auburn Investments, LLC ("Grantor" herein), hereby conveys and warrants to the City of Auburn ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in King County, Washington: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transfonners for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities ~as,it.;dmayt~sygt rre fo,%.sruch systems. Easement =corft ay Pacific Northwest Title ee Pagel of3 ROComrrodation only. It h&a not begat examirw as to proper eot p or as to its affect upon bite. A- Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. IN WITNESS WHEREOF, said corporat' n has caused this instrument to be executed by its proper officer(s) this "day of Z~~X005. A urn e in ts, LC Acc Vte Lewis, Mayor Date Easement Page 2 of 3 STATE OF WASHINGTON ) )ss. County of King ) I certify that I know or have satisfactory evidence that Allan Thomason signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it in his capacity as a member of Auburn Investments LLC to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. Dated ~~~~aaaaaaa~` '95++++1+i :0 t%0TAR y ~m : Gt' <2-rte / ~c Cam- • L~~~s ~G~ <z-2 r Notary Public in a.A~Lfor the State 1' Washington r (P '°UBLtG :ram Residing at yt l r ~~t C- ~ •i+i-2g•0~ ~`My appointment expires f /J" S STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis was 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 MAYOR of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated /.~---ZC1U 5~ `l,E SAS Jr, . i 01 AR Y k" L) PuSL`G r 1;• 1(o 25' OF WPS c.-_ X2..,1' ~tary Public in and for the State of Washington ;siding at G yt.kl PL-) y appointment expires Easement Page 3 of 3 EXHIBIT A Proposed Easement Page 1 of 1 That portion of New Lot "B" of City of Auburn Lot Line Adjustment Number LLA0019-95, Revised, recorded under Recording Number 20011204002287, said portion described as follows: Beginning at the Northeast corner of said New Lot "B"; Thence along the North line of said New Lot "B" North 89005'48" West a distance of 10.00 feet; Thence leaving said North line South 00056'09" West parallel with the East line of said New Lot "B" a distance of 10.00 feet; Thence South 89°05'48" East parallel with said North line a distance of 10.00 feet to the Westerly margin of "A" Street SE and the East line of said New Lot "B"; Thence North 00056'09" East along sald Westerly margin 10.00 feet to the true point of beginning. Easement area Includes 100 square feet (0.0023 acres), more or less. [The basis of bearings for this acquisition description is NAD 83-91, based on coordinates supplied by INCA Engineers for geodetic control performed in 1995) 001esmt040712 t S89'05'48'E 10.02' 'SEE DETAIL' T.P.O.B. EASEMENT AREA f 30' m W (~F N V 8 7 Qf 1~ m N f W PuJ 3 v ~a a r NEW PARCEL "8" CITY OF AUBURN ° LLA0019-95 PER r AFN 20011204002287 PROPOSED ( Q R-O-w ©=03'43'28' D R-1034-00' PROPOSE6-60'5640 ' J EXISTING R-O-W R_ O-W R=26.00 L=67.21' L=27.66 L°4 27.05' ,a`ti'j S89'05'46"E by 94.03' EXISTING 100.02' R-O-w 41 O EXHIBIT "B" 'DETAIL' (NOT TO SCALE) T.P.O.B. L3 L1 N89'05'48'W 10.00' L2 S00'56'09'W 10.00' L3 589'05'48'E 10.00' L4 N00'56'09'E 10.00' 0 30 60 90 GRAPHIC SCALE Owner: L.A. LAND, L.L.C. Title Report No: 440224 Tax Parcel No: 781570-0360-09 Total Parcel Area = 13,174 SO. FT. Remainder Area = 13,174 SO. FT. Easement Area = 100 SO. FT. i 0~~ f f f a ~ f k •'3. J 3RD STREET SE AHBL, INC. #204001.3\etect-esmt.dwg Reviewed by. Date: Approved by, Date: Project ngi C' Engineer 0 cxtYOt f{ v t C gineer WASHINGTON zt , )RM orb raUaam Exhibit 8 Page 1 @UUV l7L C5i7 IMMI pN1; n - Cn7l'yl3in16 c rJ of 1 f~ az reO 1~sa F-