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Home My WebLink About20091118001489 WATER EASEMENT 110409Return Adress: u IIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIII II I City A burn I IIIIIIIIIIIIIIIII IIIIIIIIIIII City Clerk 25 West Main 20091118001489 Auburn, WA 98001 PACIFIC NU TIT EAS 66 00 . PAC' - 0 1 O 00 11/1 2 0 09 14 9 KING COUNTY, WA Above this line reserved for recording information WATER EASEMENT _ FAC08-0021 1 t j ' L Reference # (if applicable): N/A Grantor/Borrower: Auburn Professional Plaza, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE A Sl3-T21-R4E Assessor's Tax Parcel ID#: 781620-0005 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, Auburn Professional Plaza, 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 ("Easement Area") for the purpose of laying, maintaining, and installing water main AND APPURTENANCES THEREOF, said Easement Area being a portion of the above-designated Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", 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 Area 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 Area deemed necessary by the Grantee. Easement Page I of 5 Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement Area, and/or in any way block, restrict or impede full use of the real property within the above-described Easement Area 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 Area and/or along the boundaries of said Easement Area, 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 Easement Area. 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 service facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. Said Grantor grants to the City the right of ingress and egress to the Easement Area over and across all paved, graveled, or otherwise improved driveways or parking lots within the Parent Parcel. If direct access to the Easement Area is not available from such driveways or parking lots, the City's right of ingress and egress shall include such other areas within the Parent Parcel as the City determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel's boundaries. In the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. Said 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 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 Parent Parcel, the City shall return the property to a condition 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 Parent Parcel that would impair or limit the City's use of the Easement Area. This Easement shall be a covenant running with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 2 of 5 ~f~,IN WITNESS WHEREOF the Grantor has executed these presents this 7 - 7 - day of N 6W: r3l,, 2009. STATE OF WASHINGTON) ) ss COUNTY OF KING ) Aut ' e ign r A+ I certify that 1 know_ or have satisfactory evidence that 7 is the person whoa an of a me, and said person acknowledged th e signed this instrument, on oath stated tha lie was authorized to execute the instrument and acknowledged it as the and purposes mentioned in this instrument. Dated u\rNO fAgyQrpN t,i. "UBLIC _ 1 WASH X11 to be the tree rind voluntary act of such bafrty for the uses Notary Public in a f~ the State Washington Residing at (l ' e- L My appointment expires Dot 2 a/ Z HS/tlb File: #1245 REF. H:ADevelopmentAProjects\Aubum Professional PlazaTegal Docs\2009 Pasemenl Page 3 of 5 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT That portion of Lot 1, Block 0, Ballard's First Addition to Slaughter (now Auburn), recorded in Volume 2 of Plats, at page 84, records of King County, Washington and that portion of the Southeast quarter of the Northeast quarter of Section 13, Township 21 North, Range 4 East, Willamette Meridian Lying between said Lot 1 and Auburn Avenue Northeast and lying North of Main Street East and South of the Public Alley extending East and West on the North side of Said Block 0, more particularly described as follows: BEGINNING at the Southeast Corner of said Lot 1, being on the North margin of said Main Street East; THENCE South 89° 04' 21" East, 13.62 feet along said North margin to the Northwest margin of Auburn Avenue Northeast; THENCE North 00° 55' 39" East, 8.63 feet; THENCE North 89° 04'21" West, 15.00 feet; THENCE South 00° 55' 39" West, 8.63 feet to the South line of said Lot 1; THENCE South 89° 04' 21" East, 1.38 feet along said South line to the POINT OF BEGINNING. Easement Page 4 of 5 EXHIBIT "B"l ^ll Z o 1'=30' / I 1. F ^I I A-In,^ ^n'1-1AI Tv i) rlr\!~ VVIIIVIV / ZQ -1 A ..JL.lIV\JTl ER VOL.. m `l I ^I nn r / K Li L.V \ill ll M O (I A1 LEY L nr+ / BLOCK v n N ~ E 8A LLA 'ST A nnlT1 rn null, Ivly 1 v pJ CN A, JL.(lV\Jfl I ER a J L ~ 2 I 0 x Q J 1 "W ~ ~ ~ S • (,G ' ' " SO S5 39 W O NO'55 ' 9"E 1 WA I" 8.63 ' ' P ' " I N89'04 21 W z 589'04'21"E N t 13 62' o i ' ,2 . P.O B B. 9 9 O J~ °o TO- / SJQ S I EAST MAIN STREW / Nq L N~ i SIGNED i~ SCALE'' For: JOB NUMBER HORIZONTAL 1"=30' VERTICAL N/A AUBURN PROFESSIONAL 1314 7 18215 72ND AVENUE SOUTH 14A G & KENT WA 980 32 PLAZA , , 425)251-6222 13147L.01 3.DOC ? 4253251-8782 FAX Title: SHEET CIVIL ENGINEERING LAND v WATERLINE EASEMENT , PLA NNING, SURVEYING, W ~ EXHIBIT 1 1 C ENVIRONMENTAL SERVICES a, 0, DESIGNED DRAWN BDG CHECKED TSL APPROVED TSL DATE 9-18-09 Easement Page 5 of 5