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HomeMy WebLinkAbout20041206002297 WATER EASEMENT 120604w.- Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 2 0041206002297 vrSTA HEIGHTS EAS 24.00 PAGE001 OF 006 12/06/2004 15:17 KING COUNTY, WA Above this line reserved for recording information. WATER MAIN EASEMENT FAC04-0003 Reference # (if applicable): N/A Grantor/Borrower: ~ Vista Heights, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW ''/4, 31-21-05E Assessor's Tar Parcel ID#: 3 1 2 1 05-9006 & 9008 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, Vista Heights, 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 water main 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 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. Water Easement Page I of 6 _XGJSE TAX NOT REQUIRED King Co. rds Divas y' Deputy r M 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 corpor tion has caused this instrument to be executed by its proper officer(s) this _ge,""f' day of 2004. V/s Authorized Signature W W/tlb File: # 983 REF. H:Development\Forms\Legal Documents\2004 Water Easement Page 2 of 6 :t STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Qd~ is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as ttw C'.IU of a limited liability company, to be the free and volunt act of such party for the uses and purposes mentioned in the instnunent. Dated /Z&/, -),y STATE OF WASHINGTON 1'0TARY--•-- PUBLIC L'Y CCUMiSS101( EVIRCS 216-06 uzGn nE. 1 Notary Public t ,and for the State of Washington Residing at My appointment expires Water Casement Page 3 of 6 EXHIBIT A VISTA HEIGHTS AT LAKELAND PUBLIC WATER LINE EASEMENT LEGAL DESCRIPTION PUBLIC WATER LINE EASEMENT TRACT A, VISTA HEIGHTS AT LAKELAND, A BINDING SITE PLAN, AS RECORDED IN VOLUME 201OF CONDOMINIUMS, PAGES 26 THROUGH 31, UNDER RECORDING NO. 20041108001591, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN GOVERNMENT LOT 3 AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLMETTE MERIDIAN;. TOGETHER WITH THAT PORTION OF PARCEL B,-OF SAID VISTA HEIGHTS AT LAKELAND, A BINDING SITE PLAN, BEING A STRIP OF LAND, 15.00 FEET IN WIDTH, HAVING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE MONUMENT AT THE INTERSECTION OF LAKELAND HILLS BOULEVARD AND 47T" STREET SOUTHEAST; THENCE S 46°21'19" W ON A RADIAL BEARING 30.00 FEET TO THE SOUTHWESTERLY MARGIN OF LAKELAND HILLS BOULEVARD; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A 210.00 FOOT RADIUS, THROUGH A CENTRAL ANGLE OF 6°52'30", AN ARC LENGTH OF 25.20 FEET TO THE POINT OF BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE S 40°32'32" W 37.21 FEET, MORE OR LESS TO THE NORTHEASTERLY LINE OF SAID TRACT "A" AND THE TERMINUS OF THIS DESCRIBED CENTERLINE. SHORTEN OR LENGTHEN SIDELINES TO MEET THE SOUTHWESTERLY MARGIN OF LAKELAND HILLS BOULEVARD AND THE NORTHEASTERLY MARGIN OF TRACT A. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING AND STATE OF WASHINGTON. CONCEPT ENGINEERING, INC. 455 Rainier Boulevard North Issaquah, Washington 98027 _ 14251392-8055 Fax: 14251392-0108 CONCEPT JOB NO. 23208 DATE: 11-18-04 Z: 28101 EXPIRES: 12/14/ Water Easement Page 4 of 6 . 16 4 i PARCEL B PARCEL A 1TtAC7 qi r ' PARCEL A r.. P/ PARCEL B PARCEL B VISTA HEIGHTS AT LAKELAND, j A GINDIN SITE PLAN , I' 'REC. NO. 20 1108001591 of "wASy j 28701 'ExPates: ,2/,a/ 4- CENTERLINE SCALE 1 300' 0' 150' 300' 600' N EXHIBIT R PUBLIC WATERLINE EASEMENT CONCEPT ENGINEERING, INC. DWN. BY DATE ,;08 NO. ~455 Rainier Boulevard North OVR 11-18-04 23208 Issaquah, Washington 96027 (425) 392-aDSS FAX (425) 392-0106 CHKO. BY SCALE SHEET W - DJK 1" = 40' 1 OF 2 Water Easement Page 5 of 6 LAKELgND \ S ! ao?~~ r'' POINT OF POINT OF ~57~ r'~ COMMENCEMENT BEGINNING \ ?0~ b~ N4671-19-E (RAD) PARCEL B ytitiry 30.00• r\~eP .y'\y \ E~ Z \ c3 ,t. i 1 W: 't SCALE 1 40' x: c 28101~p f t I i t:-.ti.. O' 20' 40' 80' EXPIRES: 12/14/ EXHIBIT _R PUBLIC WATERLINE EASEMENT CONCEPT ENGINEERING, INC. OWN. BY DATE JOB NO. 455 Rainier Boulevard North DVR 11-18-04 23208 Issaquah, Washington 98027 (425) 392-8055 FAX (425) 392-0108 CHKD. BY SCALE SHEET DJK 1 40 2 0 2 Water Easement Page 6 of 6