HomeMy WebLinkAbout20091118001494 WATER EASEMENT 110409Return Address
City Auburn
20091118001494
City Clerk
PACIFIC NW TIT EAS 66.00
25 West Main
PAGE-001 OF 005
Auburn, WA 98001
11/18/2009 14:29
KING COUNTY, WA
Above this line reserved for recording information.
WATER EASEMENT
FAC09-0013
Reference # (if applicable): N/A
Grantor/Borrower: Auburn Professional Plaza, LLC ` '
Grantee/Assignee/Beneficiary: City of Auburn rtC,J~,
Legal Description/STR: SF'/<NEAS13-T21N-R04E ,r
Assessor's Tax Parcel ID#: 049200-0461
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 line 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.
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Water Easement
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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.
Water Easement
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IN WITNESS WHEREOF said corporation has caused this instrument to be executed by
its proper officer(s) this day of nl OVt~yp~~~009.
Aut orizt ig atu
Authorized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
_J are the person wl app ared before me, and
said person(s) acknowledged th t he he/they signed this instrument on oath stated that
he/¢hc/t wasere authorized to execute, he instrument ,,d acknowled e as
2 of s itJ --L L.Le
a limited liability , t be the free and voluntary act of s party for the uses and
purposes mentioned in he instrument.
Dated 1y/ l
,tttttt JINA
`~1 ::o1AMiSS~~;'•;t.p- ~~ir/<J ~.eia',5
NO ti ; N Notary Public in anA for the State of Washington
Residing at d 4e*.i
, m My appointment expires d r, D % G/2
cn•.,
t HINGSj0ittt
HS/tlb/jr
File: 1276
Ref: H:\DevelopmentTrojectsWel's Lumber\Legal Documents\2009
Water Easement
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EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
That portion of "A" Street NW as vacated by Ordinance 5-6-1891, records of King County,
Washington, being a portion of the Southeast quarter of the Northeast quarter, of Section 13,
Township 21 North, Range 04 East, Willamette Meridian, more particularly described as follows:
Commencing at the intersection of the Easterly prolongation of the South line of the alley in Block 7
of the Map of L.W. Ballard' s Park Addition to Slaughter (now Auburn), recorded in Volume 3 of
Plats, Page 91, records of King County, Washington and the East line of said vacation;
THENCE South 00° 41' 06" West, 33.49 feet along said East line to the TRUE POINT OF
BEGINNING;
THENCE CONTINUING South 00° 41'06" West, 10.00 feet along said East line;
THENCE North 89" 18'54" West, 4.00 feet;
THENCE North 00" 41'06" East, 10.00 feet to a point which bears North 89° 18'54" West from the
TRUE POINT OF BEGINNING;
THENCE South 89° 18'54" East, 4.00 feet to the TRUE POINT OF BEGINNING.
4
Water Easement
Page 4 of 5
EXHIBIT "B"
ALLEY POINT OF
T=50'
SO'41'06"W
33.49'
S89'1 8'54"E
4.00'
WATERLINE EASEMENT-
NO'41'06"E-
10.00
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BLOCK 7, MAP OF
L.W. BALLARD'S PARK ADDITION TO SLAUGHTER,
ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 3 OF PLATS, PAGE 91,
IN KING COUNTY WASHINGTON
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For. JOB NUMBER
MEL'S LUMBER 12400
LO WASHINGTON ENTERPRISES, INC. 12400L.004.DOC
Title: SHEET
WATERLINE
EASEMENT EXHIBIT 1 1
Water Easement
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