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Home My WebLink About20030912001251 UTILITY EASEMENT 091203A.3- t 3Y 2- Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20030912001251 PACIFIC NW TIT EAS 24.00 PAGE 001 OF 008 KING2000NTY11WAS Above this line reserved for recording information. UTILITY EASEMENT (FAC03-0004) 2 y PN Lam, Reference # (if applicable): N/A (o S' S" r7 _'r Grantor/Borrower (1): Jeremy Byerly Grantor/Borrower (2): Joe W. Schwartz and Lois L. Schwartz Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE 18-21 N-05E Assessor's Tax Parcel ID#: 214980-0320, 0322, 0329, 0330, 0324, 0325 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 (1), Jeremy Byerly, owner of Lots 3 and 4 of the City of Auburn Short Plat No. SP-14-79, as recorded under recording number 7912060706, Lot 3 of City of Auburn Short Plat No. SP-13-79, as recorded under recording number 7912060707, Lot A of City of Auburn Lot Line Adjustment No. LLA-0022-99 as recorded under recording number 19990819001237, and an undivided interest in Tract X East as recorded under Short Plat 13-79 and Tract X West as recorded under Short Plat 14-79, and Grantor (2) Joe W. and Lois L. Schwartz, owners of Lots 2 and 3 of City of Auburn Lot Line Adjustment No. LLA-8-88 as recorded under recording number 8807150927, and an undivided interest in Tract X West as recorded under Short Plat 14-79, 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 eight-inch (8") water main and an eight-inch (8") sanitary sewer main AND APPURTENANCES THEREOF, said real p*operty being descobue o as follows: record oy t;acific Northwest Tide as accommodation only. It has not been SEE EXHIBITS "A" AND `.B", ATTACHED HERETQia .DaBttVpTd execution or REFERENCE MADE A PART HEREOF. as to its affect upon title. Easement Page 1 of6 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. 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 6 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this (o day of C+tc~ usd-- )2003. Authorize ig ure orized Signature 4~t c.cl A thorized Signature STATE OF WASHINGTON) )ss. COUNTY OF KING ) I have know or have satisfactory evidence that ane m te., t le-Y. I q is/are thb person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated thatji /she/they was/were authorized to execute the instrument and acknowledge as the of •t-h-1;mact of such party for the uses and purposes mentioned in the instrument. Dated y rJ1"19f)d ~d) i/ r2 ~bbla Notary Pul d y _ N01S5 'f, residing at My appoin O ~ ~~~+aaaaaa~~~~~ for the Smote of Washington expires CP/bi File: #925 REF. WDevelopmentTorms\Legal Documents\2003 Easement Page 3 of 6 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that D o E and 1, 0 5 -~5 Qj-) Li + is/am the person (s who appeared before me, and said individual acknowledged that he/she/they signe this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated 9410,3 S ~Q'e. •~gSK~N F~~~~►I 00 tAOTAF?;- m 1. e p-pi 0) Notary Public in and for the Stat f W shington PUBLIC ~ N residing at u N i- waSr ~~r~~'~O , My appointment expires /I / 0 , I'P STATE OF WASHINGTON.) )ss. County of King ) I certify that I know or have satisfactory evidence that and is/are the person(s)-who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to -be his/her/their free and " voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Easement Page 4 of 6 EXHIBIT 'A' WARREN T. LAY Professional Land Surveyor 704 Cedar Drive Auburn, WA 98002 1-888-433-1149 Fax 253 833 0792 31 July 2003 Jeremie Byerly Utility easement description A portion of Lots 34, 35, and 36,, EAST AUBURN ACRES as recorded in Volume 14 of Plats, page 41, records of King County, Washington, described as follows : Beginning at the East Quarter Corner of Section 18, Township 21 North, Range 5 East, Willamette Meridian; thence South 10 20' 02" West, along the east line of said section, a distance of 1022.63 feet to an intersection with the centerline of 3"' Street SE; thence North 890 32' 33" West, along said centerline, a distance of 216.59 feet; thence South 00 33' 49" West, a distance of 20.00 feet to the south right of way line of 3"" Street SE and the northeast corner of Lot 36 of said plat; thence North 890 32' 33" West, along said right of way line, a distance of 60.00 feet to the northeast corner of an ACCESS EASEMENT drawn on the map accompanying Auburn Short Plat SP-14-79, and the TRUE POINT OF BEGINNING; thence South 00 33' 49"West, along the boundary of said Access Easement, a distance of 270.00 feet to the north boundary of an ACCESS EASEMENT FOR FUTURE 4""' STREET SE drawn on the map accompanying Auburn Short Plats SP-14-79 and SP-13- 79; thence continuing South 0133' 49" West, a distance of 35.00 feet; thence North 890 32' 33" West, a distance of 25.00 feet; thence South 011 33' 49" West, a distance of 35.00 feet; thence North 890 32' 33" West, a distance of 10.00 feet; thence North 00 33' 49" East, a distance of 35.00 feet; thence North 890 32' 33" West, a distance of 5.00 feet; thence South 00 33' 49" West, a distance of 25.00 feet; thence North 890 32' 33" West, a distance of 15.00 feet; thence North 011 33' 49" East, a distance of 25.00 feet; thence North 890 32' 33" West, a distance of 42.00 feet; thence South 00 33' 49" West, a distance of 35.00 feet; thence North 890 32' 33" West, a distance of 10.00 feet; thence North 00 33' 49" East, a distance of 35.00 feet; thence North 89° 32' 33" West, a distance of 72.00 feet to the west boundary of Auburn Short Plat SP-13-79; thence North 00 33' 49" East, along said boundary, a distance of 25.00 feet; thence South 890 32133" East, a distance of 140.02 feet; thence North 450 27' 27" East , a distance of 14.14 feet; thence North 00 33' 49" East, a distance of 270.00 feet to the northwest corner of the ACCESS EASEMENT; thence South 890 32' 33" East, a distance of 30.00 feet to the TRUE POINT OF BEGINNING. 7 Page 5of6 It R7 a~ O ON PARCEL C 0320 i ' I ' f' t , I I ~ f ' f f PARM f ~ ~ o3zz i f Ii PARCEL "0" I I a33o ! fl ! fARCEL "A" I ~ ' I 7-4 ~ I I ' I , i 8 tz H H tai