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 tâ ~ 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' tc4â 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
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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
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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 âY
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:
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