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Home My WebLink About20091118001266 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 ` U3 2 'e - 'A FaOUN MTJ]N DEATH ARRA DWWN 2REET soolo,50"£ _---------`1100' X N per- O 'yn rn ~ N z W' S.W. CORNER OF PARCEL B t d~ 1.00, N0010'50"W N A SIREET GRAPHIC SCALE 1 inch = 40 ft Pf"Zm 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