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HomeMy WebLinkAbout9604260426 WATER AND SEWER EASEMENT 042696l,4 r , ~~~c1~~0 THIS pAi When Recorded, Return. To: Ct~i (C ( IG. fit, r r r:th O REGOK 4•~u 'fYS~HS Z5 rnr;nN CITY OF AUBURN Ab°tJRN SCHOOL DISTRICT SANITARY SEWER ABM WATER SYSTEM EASEMENT For and in consideration of the sum of ten dollars ($10,00) and other good and valuable consideration, receipt of which is hereby acknowledged, AUBURN SCHOOL DISTRICT NO. 408, a Washington Municipal Corporation (hereinafter "Grantor"), hereby conveys and quitclaims to the CIT'Y' OF AUBURN, a N 'Washington Municipal Corporation ("`Grantee"), for the purposes 4d hereinafter set forth, a perpetual and non--exclusive easement u1 for sanitary sewer and water line system across, through and Cn below the real Property located in King County, Washington, legally described in E ibit A and depicted in Exhibit B, both attached hereto and incorporated herein (hereinafter the "Property"), provided, however, that-this easement shall not include any real Property presently owned by others. 1. Grantee shall have the right to construct, operate, =maintain, repair, replace, and enlarge an underground sanit==y sewer syzatem and underground water line system upon and under the aforesaid Property, together with all necessary or convenient appurtenances thereto. 2. Upon reasonable notice by Grantee to Grantor, except in the case of an emergency, when such notice shall not be r required, Grantee shall have the right of access to the Property at all times to enable Grantee to exercise its rights hereunder, provided, however, that Grantee shall compensate Grantpz for any damage to the Property caused by the exerciss. 7,~7 said r..._ - -F acces-" a.ntaa from a time to time -r obstructions the extent g ri set forth aboJc . ~"ha t feJ_ l.o-z ng any ,a EXCISE TAX NOT RIFOUiRE. King Co. Records 0ivisian a / Depuiy 0 V 0 0 t.. 5 / t such work, Grantee shall, to the extent reasonably practical, resto~zs the Property to the condition it was immediately in prior to such work. Grantee shall at all times exercise goad faith effort to execute precautions to Assure the safety of individuals an and around the Property; limit its access to the Property; limit damages the Property; and limit any interference with -to Grantor's use and enjoyment of the Property. 3: Grantor reserves the right to use the Property for any purposes not iric+a istent with the rights herein granted, provided, however, that Grantor shall not construct any building or other ztructure on the Property that would interfere with the Rxercise of the rights herein granted. 4. Grantee agrees to defend, indemnify, and hold Grantor harmless from any and all claims for damages suffered by any person arising out of or in connection with Grantee's exercise of the rights herein granted, provided, however, that Grantee shall not be responsible for any damages arising out of injuries to any person caused by the sole negligence of Grantor. GQ W 5. This easement shall be a covenant running with the land and the rights and obligations of the parties shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the parties. 6. Grantee shall pax the costs of recording this doc=ent. 1996 DATED this 28th day of February , 1995. GRANTOR: GRANTEE: 5CH00 RICi NO. 408 CITY OF 1 L7_ sP. Fugate Its Superintendent Its l STATE OF WASHINGTON) ) ss. COUNTY OF King ) ~D ct? 1996 On this 28 day of February ,+995, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, persornaliy appeared James P. Fugate , to me known to be the person who siped as superintendent of AUBURN SCHOOL DISTRICT NO. 408, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to-be the-free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF 1 have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) e 9be, ~~~fLifz~ti~ (Print or stamp name of otary) NOTARY PUBLIC in and for the State of Washington, residing at Auburn My Appointment Expires: -/mar - l ~j STATE OF WASHINGTON COUNTY OF :5i On this 1_ day a'': _ E.°'~ before rn.'- ?tz. uzdexs.ignecl. a Notary Public in and for t;° _ of Wa: duty commissione.d.. and sworn, personally,appeared~~_. ~ , to me S i 'c S i a ]mown to be the person who signed as oev' of the CITY OF .AUBURN, the municipal corporation gat exp. ted the within and foregoin,ginstr=ent, and aclmowledged said instrument to be the free and voluntary, act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that V\t_- was duly qualified and acting as said officer of the municipal corporation, that k)p- was authorized to execute said .instrmnent and that the seal af5xed, if any, is the corporate seal of said municipal corporation, IN WTiTMS WEEPTOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) c0 CNI (Print or stamp name of Notary) to NOTARY PUBLIC in and for the State p of Washington, residing at .rfogln~ ' My Appointment Expires; X53 • r F=A SEp t EXHIBIT "A" LEGAL DESCRIPTION 1 t i I 9 The north 15 feet of NW 1/4 of the SW 1/4 feet of .the. wend 9 f north 25 feet of the the west 101 feet of T 21 N, R 5 E, W.N., d' a ua v the east 100 feet of the 6 1/2 of the and the north 15 feet of the south 650 set of the NE 1/4 of .,the .SW 114 and the south 660 feet of the east 92 feet of the NE 114 of the SW 1/4 of Section 21, in King County, Washington. sti f ~ ~ Tt"~' 1~ ft l 1 I/'!lam r MiTBTT hi7e1 *tJ 5-W61 L U~f~1G.~`w. ~.r~fV~ `I ✓ j t C!7 i s; 1 1 q 9 J Lc7 -T L-Ito. in p T.1.. H5 f d Lc7-k 3. V ' 3 a ~.aa rL~r}1 ~i~ OT h Ia.-V, M~ a c E-, 99. 1 I,I~n 'U ` V j ` 6+ Lt 1- •I ~ `rte y~Y'4~• ~Y. Ile -A ~c°1AES i 11131 RZ w v U ~J ! l w N EMBIT "B" 1~: ASCKEf-,71- 1 l • nA JJ t f 1 l HuCL-cIA LtAsl Y ' w %14, V j 7x . c, en in Is. Io 'y to; in. boo T.L. H5 f 991- 1z5' .I s9~QN: +tA OC?1AES 1 t/13/ Y1 ~ U' 11f, ' w 0 a k3o CL-CA I-IA.-C so "r}J --Zs" .vg. +k , S W `4 t~ l a~1 y3 • ° ` ~ 10 N4RTN Sd~ to Sp ad *g* % 4 ^ I 12 a ^t ~ N J j J 947 M1'BJ24f P,)O 80- /On. OI ' W S.~S • i ~ m w to 9 y $ p 0~~o?r h o loo i z .1 47B 0 ~ 9•i9•A7Y1 tV Q n ~n 0 ~p ~ : 202 l7& t77. of ,p ~a.oz ~ a -M-4 7W W p r T,a ~r '0 ~4 41 Q~ D~ 0 ti~agV m 0 N89- Y9• C1} tit O _ 1~ 31 < EXHiBiTTI xs ~ n N~n.'rti t;..f~aG J~.~ sav'C 1-~ Co"~q z5' . •2~'aa~r ~ . rS' 4. , S~.a tli.. 98 _ r~ E N IT rs9. Mp 8y ~ ~T~ SGT-x4-546 it4 ~ rw Aul3vrrn. oa QRQ r4'+o ~ .n " e M~ 4 C A a dCv t 1 J~•o _ AWE ~ w A`C"i= 2- L i t. l'C • C/~SCMEN { .h -946 x&.25 l°fi.'f 7 ~ Gp gg i { tr for c ►v DO _ a' i rr` THIS DAY ~ IZEOCIYED When Recorded, Return To: Ci h,, C t 2 S U- . rn /k-i N VVa -1 g I I CITY OF AUBURN AUBURN SCHOOL DISTRICT SANITARY SEWER AND WATER SYSTEM EASEMENT BY .i j) &4ELL-CT OPTS ~lECORUS Msc COUNTY For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, AUBURN SCHOOL DISTRICT NO. 408, O a Washington Municipal Corporation (hereinafter "Grantor"), LQ hereby conveys and quitclaims to the CITY OF AUBURN,-a Washington Municipal Corporation ("Grantee"), for the purposes hereinafter set forth, a perpetual and non-exclusive easement for sanitary sewer and water line system across, through and Qy below the real Property located in King County, Washington, legally described in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein (hereinafter the "Property"), provided, however, that-this easement shall not include any real Property presently owned by others. f n Y s CU Q .U R! ~.r O +A Q1 1. Grantee shall have the right to construct, operate, maintain, repair, replace, and enlarge an underground sanitary sewer system and underground water line system upon and under the aforesaid Property, together with all necessary or convenient appurtenances thereto. 2. Upon reasonable notice by Grantee to Grantor, except in the case of an emergency, when such notice shall not be required, Grantee shall have the right of access to the Property at all times to enable Grantee to exercise its rights hereunder, provided, however, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. Grantee from time to time may remove bushes, trees or other obstructions on the Property and grade the Property to the extent reasonably necessary to carry out the purposes set forth above, provided, however that following any EXCISE TAX NOT REOJIRE: King Co. Rscords Division B J~r IA Deputy such work, Grantee shall, to the extent reasonably practical, restore the Property to the condition it was immediately in prior to such work. Grantee shall at all times exercise good faith effort to execute precautions to assure the safety of individuals on and around the Property; limit its access to the Property; limit damages to the Property; and limit any interference with Grantor's use and enjoyment of the Property. C~ O GD O 3. Grantor reserves the right to use the Property for any purposes not inconsistent with the rights herein granted, provided, however, that Grantor shall not construct any building or other structure on the Property that would interfere with the exercise of the rights herein granted. 4. Grantee agrees to defend, indemnify, and hold Grantor harmless from any and all claims for damages suffered by any person arising out of or in connection with Grantee's exercise of the rights herein granted, provided, however, that Grantee shall not be responsible for any damages arising out of injuries to any person caused by the sole negligence of Grantor. 5. This easement shall be a covenant running with the land and the rights and obligations of the parties shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the parties. 6. Grantee shall pay the costs of recording this document. 1996 DATED this 28th day of February GRANTOR: GRANTEE: UB ~SCHOOLITC~NO'. 408 CITY OF AUBURN s P. Fugate I is Superintendent Its f,~ . C1? C C2 G STATE OF WASHINGTON) ) ss. COUNTY OF King ) 1996 On this 28th day of February_____, 4995 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared games P. Fugate , to me known to be the person who signed as Superintendent of AUBURN SCHOOL DISTRICT NO. 408, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of otary) NOTARY PUBLIC in and for the State of Washington, residing at Auburn My Appointment Expires: STATE OF WASHINGTON) ss. COUNTY OF ) ►qq to On this 14 day of ry\a CJIn , 199:5-,- before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared cij an h 15 ( n l A - 4 j-A~ , to me known to be the person who signed as of the CITY OF AUBURN, the municipal corporation at exe ted the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary. act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that V\ t- - was duly e~ qualified and acting as said officer of the municipal corporation, that h _ was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. dnk)a Yw (Signature of Notary) (Print or stamp name of Notary) Q NOTARY PUBLIC in and for the State p of Washington, residing at , ff-)A-~ W My Appointment Expires: cad 9 9~ y y CC tf' O GQ EXHIBIT "A" LEGAL DESCRIPTION The north 15 feet of NW 1/4 of the SW 1/4 feet of the west 9 f. north 25 feet of the the west 101 feet of T 21 N, R 5 E, W.M., the east 100 feet of the S 1/2 of the and the north 15 feet of the south 650 eet of the NE 1/4 of the SW 1/4 and the south 660 feet of the east 92 feet of the NE 1/4 of the SW 1/4 of Section 21, in King County, Washington. N T. PAT 'r EXPIRES 11113/9"1 ~~3 jANj~A~~ S WL~/ C WATER,C.iQE EXHIBIT "B" . f3 !SZ \ -r d 3 1 01 K30 a--ca tip ~ S`lz ~ >,..+w~~'4 I 6`i° 2S'o4." W 100 3t~ T.L. H c) a.x4 I q F mv: KIT • 1 NJ Loi I f I ~IQ I M . . . . . . . . . . . . . . . wl 1 X25' Q ~ \ 1 1 \ \ • ri„ Li EXPIRES i f 1131 °tl v, ~ ra ,k N 3 30 /Zo n1 i q.4~r1'&324( ro 00. /90 % h "ORTM LI►+G sa M,.3% , 1413C I N /Ov 90- 9 to .4 14 ro 1w f~ t 0 3y p ~ o ' v I 57.s1 x o ~ N o VI 9-79.47FY N b 'z 202 'p G 2.44 11 ILI 0) N o13 O It a A © o h X 89.'4} N V 1,79 177.01 N W ~0 4 q u r . /"1,ti~ `~+V.~ M cc O~ Q,•p 77.02 ~ S• cl •19.47W o f s` ~s q z _ Z W v 20 by a K.dS iy a71' ~q 04 9.g4 9 Og2'~DO 0 89.19-47E ob. 00 96.9 9 89-19.47@ 4 It ~yryo 0 Q ~ 5,99-19-47E tll i 9G.9 7 s 589.19.478 5 y~~ w 10;15 ono 98: 1p s Bo'3D•aeg NI N lye ~ lrn EXHIBIT "C" zou-c H c-01 R zs' A-fGSZ4 % sw t,14. 9 z S~ h ~ ti 0 I V, 0 h X25 S1o,0 n ~I660 h D 89•l9.47E N 74.4(. y W . tD N m I 7 9Q~ Q I .,yon r c~ w 3 o p ~ goo ka ~ O ~1rp ti O ~o m ti , 000 a o0 n b d69- zs• 1 32 hW' G W C CD M 1 4 sa 561-z4-s4~ i94 ~ 4 utsu t" °O ono isio •3 >r ' o t 'L.• s[ o `'tS3~ 3 3 O I 0 h 581-Z4-946 ~ ' I nl .900 25 89-25-24WEEE3 ,324.7 6&.77 ~I 1 •'v6 pad e EAR 4SM, F. N 4T NQ}`362 93 a'-3 s . ~`u• "'•s>, X2.3,3 S '2. rz s,,T5C-> L.I P.1rE CA c-> E=- E N ( 3A 4Z6.7.5 I tl Ld7- Z r N CC)