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HomeMy WebLinkAbout20080328002409 WATER AND SEWER EASEMENT 032808R 3~ /3 z- Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001. 20080328002409 PACIFIC NW TIT EAS 46.00 PAGE001 OF 005 03/28/2008 15:25 KING COUNTY, WA Above this line reserved for recording information. ewz-\, ,n-1'o~ATER & SANITARY SEWER EASEMENT FAC05-0004 Said document(s) were fled tier roo rd by Pacific Nfont west Title as t,4b aaoornmodation only. It has riot been a9mined 26 !Q P;91 V6- Reference # (if applicable): N/A as to its affect Capon tide. Grantor/Borrower: Santillanes Hospitality, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE '/4 13-21-05 Assessor's "rax Parcel IDN: 132104-9112 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, Santillanes Hospitality, LLC 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 8 inch Sanitary Sewer and 8 inch Water Mains 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. 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. r- rni~ r P1 5T ~s°A1/A1'O i 4' PSt_'/1! iI ~ REVDQED Easement `-nT i' Page] of5 King Co. Records /Division By n E~ 1 V 4 t✓ ~ Deputy 0>0,j~ N Nt~AIDO& 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. Easement Page 2 of 5 IN WITNESS WHEREOF s%d corporation ha caused this instrument to be executed by its proper officer(s) this o'jl'7 day of 2007. a th rized Silm re Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that `1 ( n G ` l e n is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrume t and acknowledge as the 0 Wn4 C- r' of ~n~i' tc4„ o tel: V a limited liability company, to be the free and voluntary act of uch party or the uses and purposes mentioned in the instrument. Dated M Q a 70 a o cJ -7 ~a/ , 119 Hacl;g Pyles Notary Public in and or the State of Washington Residing at ~-L!s r SZ9 My appointment expires e'` ! ~vo 5 W W/t1b File: it 1035A REF. FI Development\Forms\Legal Documents\2007 Easement Page 3 of 5 EXHIBIT A WATER AND SANITARY SEWER EASEMENTS LOT 3 BEGINNING AT THE NE PROPERTY CORNER OF LOT 3 OF CITY OF AUBURN SHORT PLAT NO. SPL 0002-98, THEN S 01 -20'10" W A DISTANCE OF 2.50 FEET ALONG THE EAST PROPERTY LINE TO THE TRUE POINT OF BEGINNING, THEN S 01 '20'10" W A DISTANCE OF 24.95 FEET ALONG THE EAST PROPERTY LINE, THEN N 88°39'50" W A DISTANCE OF 24.03 FEET, THEN S 01 -20'10" W A DISTANCE OF 188.33 FEET TO THE SOUTH PROPERTY LINE, THEN N 88°28' 16" W A DISTANCE. OF 15.00 FEET ALONG THE SOUTH PROPERTY LINE, THEN N W020' 10" E A DISTANCE OF 197.23 FEET, THEN S 89°29'00" W A DISTANCE OF 256.10 FEET, THEN N 01 -20'10" E A DISTANCE OF 22.56 FEET, THEN N 88-28'16" W A DISTANCE OF 12.50 FEET TO THE WEST PROPERTY LINE, THEN N 01°20' 10" E A DISTANCE OF 5.21 FEET ALONG THE WEST PROPERTY LINE TO THE NW PROPERTY CORNER, THEN S 88-28'16" E A DISTANCE OF 283.47 FEET ALONG THE NORTH PROPERTY LINE, THEN S 01 '20'10" W A DISTANCL-? OF 2.50 FEET, THEN S 88-28'16" E A DISTANCE OF 24.03 FEET TO THE TRUE POINT OF BEGINNING. BEGINNING AT THE SE PROPERTY CORNER OF LOT 3 OF CITY OF AUBURN SHORT PLAT NO. SPL 0002-98, THEN N 88-28'16" W A DISTANCE OF 74.20 FEET ALONG THE SOUTH PROPERTY LINE, THEN N 01 °31'44" E A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING, THEN S 01°31'44" A DISTANCE OF 5.00 FEET, THEN N 88-28'16" W A DISTANCE OF 15.00 FEET, THEN S 01°31'44" W A DISTANCE OF 5.00 FEET, THEN S 88°28' 16" E A DISTANCE OF 15.00 BEET TO THE TRUE POINT OF BEGINNING. LOT 2 BEGINNING AT THE SE PROPERTY CORNER OF LOT 2 OF CITY OF AUBURN SHORT PLAT NO. SPL 0002-98, THEN N 88°28'16" W A DISTANCE OF 24.03 FEET ALONG THE SOUTH PROPERTY LINE TO THE TRUE POINT OF BEGINNING, THEN N 88-2816" W A DISTANCE OF 283.47 FEET ALONG THE SOUTH PROPERTY LINE TO THE WEST PROPERTY LINE, THEN N 01°20'10" E A DISTANCE OF 9.79 FEET ALONG THE WEST PROPERTY LINE, THEN S 88°28' 16" E A DISTANCE- OF 30.83 FEET, THEN N 01 °31'44" E: A DISTANCE OF 5.00 FEET, THEN S 88°2816" E A DISTANCE: OF 15.00 FEET, THEN S 01°31'44" W A DISTANCE OF 5.00 FEET, THEN S 88°28'16" E A DISTANCE OF 237.44 FEET, THEN S 01-20'10" W A DISTANCE OF 9.79 FEET TO THE TRUE POINT OF BEGINNING. LOT 1 BEGINNING AT THE NE PROPERTY CORNER OF LOT I OF CITY OF AUBURN SHORT PLAT NO. SPL 0002-98, THEN S 01 020'10" W A DISTANCE OF 30.21 FEET ALONG THE EAST PROPERTY LINE TO THE. TRUE POINT OF BEGINNING, THEN N 88°28' 16" W A DISTANCE OF 41.50 FEET, "TT-IEN S 01 -20'10" W A DISTANCE: OF 15.00 FEET, THEN S 88°28' 16" E A DISTANCE OF 41.50 FEET, THEN N 01 020'10" E A DISTANCE OF 15.00 FEET, TO THE TRUE POINT OF BEGINNING. Easement Page 4 of 5 EXHIBIT B I m ~'r ~ O O n m` D < D 0 D > w c~ 1 :0 C) O IJ C) z c~ D Z x T: ~ Z ; C7 v N C- < 7 - C- z o C- r*7 z < r V: i7 _f T pnCL m -~zz > r' 'r, P1 m ! f*7 D z ✓A Un Z I D ci C13 r _ I m rte Oc m C_7 D 2 f- I I I I I ~ I 8th Street S.W. rII -r-- '06 U Og .Uly2AG N I I ~0- ~ I ~r 6VLj f- g $I I I ' I I r. I I ~ I I a I I I $I I I I .z }c r9i I I vv I I $u I I I i r I I o I I I I i w u I i I ~ ' t I I - . I k m ~t Ibr ul ti m yFia~ ~ ~loly o~Gy r~~b,t1 uI o` y 31Us t., 0 Easement Page 5 of 5 ~.3.i~. DUPLICATE ORIGINAL CONSENT INSTRUM= W " This Consent Instrument is executed as of April 27, 1970, on behalf of the UNITED STATES OF AMERICA. (herein called the X GOVERNMENT) by the Secretary of Health, Education, and Welfare, acting through the Regional :Representative, Office of Surplus Property Utilization, for Region IX of the Department of Health, Education, and Welfare, under the authority of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and on behalf of KING COUNTY (herein called the COUNTY), a political subdivision of the State of Washington. 10 The GOVERML&NT, in consideration of payment to it of One Thousand Three Hundred Dollars ($1,300.00) and for other valuable considerations, hereby grants its consent to the COUNTY to convey to the CITY OF AUBURN, a political subdivision of the State of Washingtong an easement for public street purposes, and incidents thereto, over-those portions only of the land situate in King County, Washington, heretofore conveyed by the GOVERNMENT to the COUNTY by the Quitclaim Deed identified in paragraph 3, below, which portions of said land\are particularly described in paragraph 2, below. 2. The land subject to the easement referred to in paragraph 19 above, is described as follows s Property as a whole: Lots No. 5, 69 7, 8 9 and 10 in block 2, Ballard Commercial Addition to Auburn. Portion to be taken: Starting at the southwest corner of Lot 7 r.ii Block 2 of Ballard's Commercial Addition to Auburn, according to plat thereof rGe orded 1 - rri Yi ' M X C f~ 0 J 0, in Volume 299 Page 49, records of King County, Wash., thence N 19° 24' 15" E 5.00 ft. along the west line thereof to the True Point of Beginning'; thence on .a curve to the right 11.88 ft., said curve having R equals 13.50 ft., Delta tngl e equals 500 25' 00" and, Tangent equals 6.355 ft.; thence N 69° 41' 15" E 32.60 ft.; thence on a curve to the right 22.08 ft. to the north line of said Lot 7, said curve having R equals 75.00 ft., Delta Angle equals 160 521 and tangent equals 11.12 ft.; thence S 86" 41' 1511 W 52.96 ft. along the north line of said Lot 7 to the northwest corner of Lot 7; thence S 19° 24, 15" W 22.11 ft. along the west line of Lot 7 to the True Point of Beginning, containing approximately 300 square feet. 3. The deed referred to in paragraph 1, above, is the Quitclaim Deed dated September 9, 1963, recorded in the Official Records of Icing County, Washington, on September 19, 1963, in Book 4454 at Page 630. 4. Except as otherwise expressly provided in this Consent Instrument all provisions of the Quitclaim Deed identified in paragraph 39 above, shall remain in full force and effect. UNITED STATES OF AMERICA Acting through the Secretary o ealth, Educ tion, and Welfare y Zl ✓Y Regional Rep esentat ve Office of Surplus Property Utilization for Region- IX, Department of Health, Education, and Welfare KING COUNTY A political subdivision o the State of WashJdiR~A'n 1OHN D. SPELLMAN COUNTY EXECUTIVE 2 11111. 40 STATE OF CAL IM MIA City and County of S#n Francisco ) ss On this day of _ , 1970. CD before me, J<- a Notary Public in co and for the City and aunty of an Francisco State of California personally appeared R. SUMMaS ]mown to me to be the Regiom Representative, Office of Surplus Property Utilization for C, Region IX, Department of Health, Education and Welfare, and known to me to be the person who executed the within instrument on behalf of the Secretary of Health, Education, and Welfare for the United States of America, and acknowledged to me that he subscribed to the said instrument the name of the United States of Imerica and the name of the Secretary of Health Education, and Welfare on behalf of the United States of America, and further that the United States of America executed the said instrument. Witness-my-hand and offic al seal. OFFICIAL SERI ,7 % GLADYS L DOWNTON 11-21 UBLIC - CAtJFORNIA 5 otary u is iyri ari or ti a ity and MR.'e, NOTARY P CITY 4 COUNTY OF SAID FRANCISCO County o San Francisco, State of My Commission Expires March 3, 1973 California 1719 ~ 29th Ave 5ro, Sin Francisco, Calffaeta MY commission expires: J / STATE OF WASHINGTON ) County of King ) ss On this S"n- _ day of 9"L 4Z 1970: before me, a Notary. Public in and for the ounty pf g, Rate of as ington, personally appeared UN EXEvUTIVE known to me to be the of King County, a political s division of the State of Washington, and known to me to be the person who executed the within instrument on behalf of King County, and acknowledged to me that he executed the same as the free act and deed of said County. Witness my hand and (SEAL) official seal. No y Public an or t o County of g, State of Washington My commission expires: - 3 -