HomeMy WebLinkAbout20050715002745 SEWER EASEMENT 071505Return Address:
City of Auburn
City Clerk . .
25 West Main
Auburn, WA 98001
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200507151
PACIFIC NW TIT EAS
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07/15/2005 15:52
KING COUNTY, WA
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Above this line reserved for recording information.
SANITARY SEWER EASEMENT
Auburn. Adventist Academy Said document,'s) werd tiled fn.
Itle a;;
Reference N/A accommodation only. It has not be)
examined as to proper execution o
Grantor/Borrower: Auburn Adventist Academy to
its
.affect upon title.
Grantee/Assignee/Benef .ciary: City of Auburn
Legal Description/STR: Sec. 27 NW1/4 T21N,'P,5E
Assessor's Tax Parcel ID#: 272105-9012 and 272105-9042
Auburn Adventist Academy, hereinafter referred to as Grantor, hereby grants and conveys to
the City of Auburn, a municipal corporation of King County; Washington, Grantee herein, a
perpetual Nonexclusive Easement under, over, through and across king County Tax Lots
272105-9012 and 272105-9042 for the purpose of building, constructing and maintaining a
sanitary sewer conveyance line and appurtenances thereto, for that ingress and egress on said real
property being legally described as follows:
A 26.00-FOOT WIDE EASEMENT FOR SANITARY SEWER OVER A
PORTION OF THE SOUTHWEST QUARTER OF -THE- NORTHWEST
QUARTER OF SECTION 27, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., KING COUNTY.WASHINGTON,.LYING 13.00 FEET. ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT 55.00 FEET NORTHEASTERLY OF THE CENTER
OF AUBURN-ENUMCLAW HIGHWAY (AKA AUBURN WAY SOUTH),
SAID POINT. BEING 13.00 FEET NORTHEASTERLY OF THE
NORTHEASTERLY RIGHT OFD WAY OF SAID HIGHWAY AND 430.00
FEET NORTHWESTERLY OF THE NORTHWESTERLY RIGHT OF WAY
OF 32ND STREET EAST (AS MEASURED PARALLEL WITH SAID AUBURN
- ENUMCLAW HIGHWAY), SAID' POINT BEING THE TRUE POINT OF
BEGINNING OF THIS EASEMENT CENTERLINE DESCRIPTION;
Easement (Auburn Adventist Academy)
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THENCE SOUTHEASTERLY, PARALLEL WITH SAID AUBURN-
ENUMCLAW HIGHWAY A DISTANCE OF 430 FEET TO SAID
NORTHWESTERLY RIGHT OF WAY OF 32ND STREET 'EAST AND THE
TERMINUS OF THIS EASEMENT CENTERLINE.
THE SIDELINES OF THIS EASEMENT ARE TO BE SHORTENED OR
LENGTHENED SO AS TO TERMINATE IN SAID NORTHWESTERLY
RIGHT OF WAY OF 32ND STREET EAST.
As shown in Exhibit "A" attached hereto and by this reference made a part hereof.
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.
Grantee shall at all times exercise its rights under this easement in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any public authority
having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS.
Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from
and against any and all liability, loss, damage, expense, actions and claims, including costs and
reasonable attorneys' fees incurred by Grantor in connection therewith, arising directly or
indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and
contractors of the rights granted in this easement.
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. The 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 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 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 (Auburn Adventist Academy)
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Acknowledged by Auburn Adventist Academy
;y-o,,<-
Hallam, Principal Date
IN WITNESS WHEREOF, said Western Washington Corporation of Seventh Day Adventist
doing business as the Auburn Adventist Academy has caused this instrument to be executed by
its proper officers this day ofN E-' 52005.
00
Print Name and Title
Signature
STATE OF WASHINGTON
Print Name and Title re+-l 4
)ss.
County of Kd~
)
I certify that I know or have satisfactory evidence that OUAU << and
C
S &AlJq-zrkt are the persons who appeared before me, and said persons
acknowledged that they signed this instrument as X V. (DinPS'l`G andGlS~,-Pg,
that executed the within and foregoing instrument; and acknowledged said instrument to bet the
free and voluntary act and deed for the uses and purposes therein mentioned; and on oath stated
that they were authorized to . execute said instrument on behalf of Western Washington
Corporation of Seventh Day Adventist.,
Dated
j, e .D
RITA F. GRUESBECK -
NOTARY PUBLIC Notary Public in and for the State of Washington
STATE OF WASHINGTON
COMMISSION EXPIRES residing at PL' a I ul)lq
FEBRUARY 28, 2007 My appointment expires - Z. 9- lV `7
N:WWS C9056\Adventist Easement.doc
Easement (Auburn Adventist Academy)
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