HomeMy WebLinkAbout20091118001266 FOUNDATION DRAIN EASEMENT 102009Fj 'r Al 3 - Z 1
After recording return to:
CITY OF AUBURN
ATTN: City Clerk
25 W. Main Street
Auburn, WA 98001
piC~llil![Ilip
20091136981266
PACIFIC NW TIT EAS 66.00
PAGE-001 OF 005
11/18/2009 13:58
KING COUNTY, WA
FOUNDATION DRAIN EASEMENT
`1
Reference # (if applicable): N/A l C~ j / / Z
Grantor/Borrower: City of Auburn O C ~f
Grantee/Assignee/Beneficiary: Auburn Regional Medical Center, Inc.
Assessor's Tax Parcel ID#: 0492000340 (Grantee's Property t /11.,:
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid,
CITY OF AUBURN, a municipal corporation of the State of Washington, ("Grantor" herein), hereby
conveys and warrants to Auburn Regional Medical Center, Inc., a Washington corporation ("Grantee"
herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along
across and through the following portion of the Grantor's right-of-way ("Right-of-Way" herein) in KING
County, Washington (the "Easement Area"):
LEGAL DESCRIPTION
FOUNDATION DRAIN EASEMENT AREA
A PORTION OF LAND LYING WITHIN THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST,
W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL B OF THAT CITY OF
AUBURN BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING
NUMBER 20080911900016, RECORDS OF KING COUNTY, WASHINGTON;
THENCE NORTH 89°49' 10" EAST, ALONG THE SOUTH LINE THEREOF, 20.47 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°49' 10" EAST ALONG SAID SOUTH LINE, 216.02
FEET;
THENCE SOUTH 00'10'50" EAST 1.00 FEET;
THENCE SOUTH 89'49'10" WEST 216.02 FEET;
THENCE NORTH 00°10'50" WEST, A DISTANCE OE 100
BEGINNING.
TO THE POINT OF
CONTAINING APPROXIMATELY 216± SQ. FT.
1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate,
maintain, repair, replace, improve, and remove permanent foundation drains in the City Right of Way in
accordance with the document attached hereto as Exhibit A and incorporated herein fully by reference, for
the use and benefit of the real property legally described on Exhibit B attached hereto and incorporated
herein by this reference ("Grantee's Property").
2. Grantee's Use of Easement Area After Construction. After construction, Grantee's right to
use the Easement Area is limited to the existing installed structures. Grantee shall have no right to
interfere with pedestrian or vehicle access within the City's Right of Way, and Grantee shall have no right
to interfere with the placement, operation, or maintenance of utilities in the Right of Way; Provided, that
such other uses shall not unreasonably infringe on Grantee's easement rights.
Following the initial construction of all or a portion of its systems, Grantee may, from time to
time, repair or maintain facilities within the Easement Area as it may require for such facilities. Grantee
shall have the right of access to the Easement Area over and across the Right of Way to enable Grantee to
exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Right of Way
caused by the exercise of such right of access by Grantee.
3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for
any purpose not inconsistent with the rights herein granted; provided, however, Grantor shall not
construct or maintain any buildings, structures or other objects that would adversely impact the
subsurface Easement Area without the prior written consent of the Grantee.
4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by
Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but
nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable
to the negligence of Grantor.
5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to
use the Easement Area for a period of five (5) successive years, in which event, this easement shall
terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to
or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to
have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within
any period of time from the date hereof.
6. Successors and Assigns. This easement and the covenants herein shall be covenants running
with the land and shall inure to the benefit of and be binding on the successors, heirs, and assigns of both
parties hereto, provided that Grantee's rights hereunder shall not be assigned to any other entity (other
than any owner or mortgagee of Grantee's Property) without the prior written consent of Grantor which
consent shall not be unreasonably withheld.
DATED this ~ day of ~~tk i 2009.
GRANTOR:
City of Au rn, a Wash unicipal corporation
BY: -
AttestA2~'C~
BY: STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this (>9 / ft day of 6 / /9 ~ 1 , 2009, before me, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Peter B. Lewis, and
Danielle E. Daskam to me known to be the Mayor and City Clerk of the City of Auburn, a municipal
corporation that executed the within and foregoing instrument, and acknowledged the same 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 they are authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the da and yeaarr first ab e itten
NOTA Y PUBLIC in and for the State of Washington,
Residing at
A~ F>ra 3~ t
My appointment expires `
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s Veme INC.
P. 0. BOX 110700
TACOMA W& 98411
E npmu°m OFFICE 253-404-0983
FAX 253-404-0@84
WOOMW Uw - .mnn/n ue TOPOM e MW
OB NO. 2008-086
Exhibit B
Grantee's Property
Parcel B, City of Auburn Boundary Line Adjustment Number BLA-08-0006, Recorded under Recording
Number 20080911900016, in King County Washington