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HomeMy WebLinkAbout20040902001147 WATER EASEMENT 090204M' ti Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20040902001147 PACIFIC NW TIT HAS 23.00 PAGH001 OF 005 09/02/2004 11:59 KING COUNTY, WA Above this line reserved for recordine information. WATER EASEMENT FAC03-0028 PP W--T- Reference # (if applicable): N/A ~J a'-7~- r Grantor/Borrower: LJburna I, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE'/e SE'/< 19-21N-05E CI o t Assessor's Tax Parcel ID#: 192105-9291 & 192105-9073 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, Uburna 1, 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 a fire hydrant 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. Said docuir,-~~s),pere filed for rerord hyt SC FiilLI j4s This easement is given under the threat of and in lieu of EiNn'TEt Domain: not exrrninc:~ _ ;^Orc;cct,?*nor Said Grantee shall have the absolute right, at&tim s"asvmay 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. Iascment Page I of 5 EXCISE TAX NOT REQUIRED 09 . Gwfds Division r w 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. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this ~ day of X2004. Authortz ature Authorized Signature CP/tlb File: #958 REF. H:Development\Forms\Legal Documents\2004 Easement Page 2 of 5 F, STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Q-)r en+ is,taw-e~ the person(} who appeared before me, and said person(jo acknowledged that he/slimy signed this instrument on oath stated that he/sI#etkrey was/were authorized to execute the instrument and acknowledge as the of L a limited liability company, to be the free and voluntary ct of such party for the uses and purposes mentioned in the instrument. Dated 4j< . a-)--n 9 4°®eop` F . ooOQs ;:t Z: C, c) NOTARY (A t. PUBLIC A 17.2~ ~0 . dsCL'• OF VVAS~~ Notary Public in Residing at Z' My appointment of Washington Easement Page 3 of 5 EXHIBIT "A" WATER EASEMENT A STRIP OF LAND 10.00 FEET IN WIDTH FOR WATERLINE AND APPURTANENCES OVER, UNDER ACROSS AND THROUGH THAT PORTION OF LOT A OF CITY OF AUBURN LOT LINE ADJUSTMENT No. LLA-03-0007 AS RECORDED UNDER RECORDING No. 20040414002409 RECORDS OF KING COUNTY, WASHINGTON, SAID EASEMENT HAVING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT A; THENCE NORTH 00°15'30" EAST ALONG THE WEST THEREOF A DISTANCE OF 277.05 FEET TO THE NORTH LINE OF SAID LOT A; THENCE NORTH 89°41'01" EAST ALONG SAID NORTH LINE A DISTANCE OF 93.23 FEET TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE SOUTH 43°00'50" EAST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 140.28 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 46°50'50" WEST A DISTANCE OF 25.00 FEET TO THE TERMINUS OF SAID CENTERLINE AND EASEMENT. Easement Page 4 of 5 r^ EXHIBIT "B" WATER EASEMENT WATERLINE EASEMENT EXHIBIT 'A' - FI~TFr- - a 17TH ST. SE ♦ \ 0 N89'41'01'E ♦ ♦ \ - 93.23 \ pp \ \ I 25.00' Tq Wt I \ L1 25.00 N46'50'50'E tAi y P.O.B. rh / p~ W O Ic7 ~ ~ ~ O N Z LOT A J. co q rrasA~rT i CITY OF AUBURN LOT LINE ADJUSTMENT No. LLA-03-0007 e REC. No. 20040414002409 m x ( s 29338 a '".c ~/STEa~~a WALGREENS BUILDING EIfPIRES: 3/13/ SCALE: - 40' 1 l I 0 20 40 80 r ~A1 4 165.75 SW CORNER OF LOT A N89'44'20"W i LLA-03-0007 Easement Page 5 of 5