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Home My WebLink About20041115002491 UTILITY EASEMENT 111504r f Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 2004115002494 FIRST AMERICAN GAS 23.00 PAGE001 OF 005 11/15/2004 15:57 KING COUNTY, WA Above this line reserved for recording information. ACCESS AND UTILITY EASEMENT r i HS 1 r Y*6?i10uAN u° 30 Reference # (if applicable): N/A Grantor/Borrower: Canyon Partners LLC+ Grantee/Assignee/Beneficiary: City of Auburn (G1 tlS Legal Description/STR: NW 1/4.,23-21-04E Assessor's Tax Parcel ID#: 375160-0711-02 and 375160-0727-04 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, Canyon Partners 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 an ingress egress and underground storm drainage utility easement 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-described underground 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. Easement Page 1 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 utility 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 temporary access for the construction, reconstruction, maintenance and operation of said underground utility facilities within the easement area. 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. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the easement area to the general public for access or for any purpose. IN WITNESS WHEREOF, s id corporation has caused this instrument to be executed by its proper officer(s) this day of U l f004. CANYON PARTNERS LLC, a Washington Limited Liability Company i By. Ian Elliot, Manager Easement Page 2 of 5 Poi File: # REF. H:Development\FormslLegal Documents12004 STATE OF WASHINGTON) } ss COUNTY OF KING } I certify I have know or have satisfactory evidence that Ian Elliot is 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 acknowledge as the Manager of Canyon Partners LLC a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes` mentioned in the instrument. Dated y L Notafy Public 1 and or the St a of Washington Residing at = My appointment expires 80% //I//0111110% % Easement Page 3 of 5 1\ EXHIBIT A Easement legal description The South 20 feet of the following described parcel: The East 300.00 feet of Lot 2, City of Auburn Lot Line Adjustment Number LLA-01-0007 (Revised), recorded under Recording No. 20011106001193, in King County, Washington. TOGETHER WITH the East 270.00 feet of Lot 10, Block 25, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington. TOGETHER WITH that portion of 59th Avenue South, as vacated under City of Auburn Ordinance No. 3630, recorded under Recording No. 8702100441, which attaches to said Lot 10 by operation of law. EXCEPT that portion of said Lot 10 and said vacated 59th Avenue South lying South of the following described line: Beginning at a point on the centerline of vacated 59th Avenue South, 439.70 feet distant southerly from the Northeast corner of said Lot 2; thence on a deflected angle right of 89°30'00" a distance of 354.21, more or less, 'feet to the south line of said Lot 10 and the terminus of this line description. Situate in the City of Auburn, County of King, State of Washington. Easement Page 4 of 5 EXHIBIT B Easement Exhibit t ~s_-asa i S 88'54'38' E 667.15' 0 367.15 300.00' r~ 300. b W REVISED REVISED LOT 2 LOT 1 20' iNGRESS/EGRESS S LOT 2 LLA AND UTILITY ESM'T z 20011106001193 16 N 8844'25" W ' 91,79 N 01'15'35" E ' 1 0 92.82 w 54.20' 300.01' 11 J" - - - I W ~ N 89722'51" .W j w 89'30'00" w p tOT j I i 4 12 9 AU~vR Q~~VE \0 A a,~4 rrn 1 ~ i1F- fj 200 100 0 200 1 i` SCALE: 1 " 200' Easement Page 5 of 5