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Home My WebLink About20071107002010 EASEMENT 101807,Vf/1~y-/-`j( 7cl ) Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 7002010 47.00 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): e1 1.Easement PO\p -W~'~a-R-~ 1~~ Reference Number(s) of Documents assigned or released: FlAdditional reference #'s on page _ of document Grantor(s) (Last name first, then first name and initials) 1. Bain, Val Grantee: (Last name first) 1. Lakehaven Utility District Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) n, That portion of Section 14, Township 21 North, Range 4 East WM ® Additional legal is on page 5 and 6 of the document. Assessor's Property Tax Parcel/Account Number: 1421049003 and 1421049002 ❑ Assessor Tax # not yet assigned Said document(s) were fkd jcr record by Pacific Northwest Tithe Y6 accommodation only. It has not been 3xamined as to proper cxemmon or as to its affect upon title. - fm C R y16 C+uv EASEMENT FOR WATER AND SEWER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal corporation of King County, Washington, its successors, agents, designees or assigns, hereinafter termed "Grantee" and Val Bain, its successors, agents, designees or assigns, hereinafter termed "Grantor". WITNESSETH: That Grantor, for and in consideration of One Dollar ($1.00) or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee: A perpetual, non-exclusive easement and right-of-way, hereinafter termed "easement," for water and/or sewer facilities of the Grantee, and all appurtenances related thereto, hereinafter termed "Grantee's facilities," through, over and across the real property described in Exhibit "A," attached hereto and incorporated herein by reference. The location of said easement shall be as described in Exhibit "B," and as depicted in Exhibit "C," both of which are attached hereto and incorporated herein by reference. The Grantor and Grantee hereby covenant and agree to the following terms, provisions and conditions: Grantee shall have the right at such time as Grantee deems necessary, without prior institution of any suit or proceeding at law and without prior notice to Grantor, to install, repair, reconstruct, operate and/or maintain Grantee's facilities within said easement, and to enter upon said real property described in Exhibit "A" for the purposes described herein, without incurring any legal obligation or liability therefore, provided that such shall be accomplished in such manner that existing private improvements shall not be disturbed or destroyed, except as provided hereunder. Grantor hereby agrees that no building, wall, fence, rockery, tree or structure of any kind shall be erected or planted, and no fill material shall be placed, within said easement. Grantor further agrees that no excavation shall be made within three feet (3') of Grantee's facilities and that the level of the ground surface within said easement shall be maintained at the elevation existing at the time said facilities were installed, except for temporary disturbances not affecting Grantee's facilities. Grantor hereby agrees that no water and/or sewer system facility or appurtenance of any kind shall be constructed or located by Grantor, or any third party acting under authority of Grantor, within or proximate to said easement, unless such installation is approved by Grantee Lakehaven Hi-Crest Waterline 2°d Feed Loop Easement No. P09/974/FUT Ponn Effective 10/10/05 and is in conformance with the then-current edition of the "Criteria for Sewage Works Design" published by the Washington State Department of Ecology. Grantor hereby further agrees that no other utility facility or appurtenance of any kind, including utility service connections, shall be constructed or located by Grantor, or any third party acting under authority of Grantor, within three feet (3'), measured horizontally for parallel alignments, or within six inches (6"), measured vertically for crossing or perpendicular alignments, of any portion of the Grantee's facilities. Grantor hereby grants to the Grantee the use of such additional area immediately adjacent to said easement as shall be reasonably required for installation, repair, reconstruction, operation and/or maintenance of Grantee's facilities within said easement. Grantor hereby agrees to not in any way block, restrict or impede access to or from, or full use of, said easement by Grantee; or convey to a third party any easement, or other interest or right of use of said real property subject to such easement, that would impair or limit the easement rights granted herein. Grantor hereby agrees that in the event of any such encroachment, as set forth herein, upon said easement and/or Grantee's facilities, the Grantee shall have the right to require removal of such encroachment, and same shall be accomplished within a reasonable period of time by and at Grantor's expense. Failure of Grantee to so exercise its right to require removal of any such encroachment shall neither constitute waiver of this right, nor preclude other remedies available to the Grantee. The Grantee agrees that any existing improvements on said real property that neither encroach upon, nor conflict with, the rights conveyed to Grantee as set forth herein, that may be disturbed or destroyed by Grantee's facilities, or Grantee's activities related to such facilities, will be replaced, repaired, or otherwise restored as reasonably practicable, to the pre-event condition by and at Grantee's expense. This Agreement and each of the terms, provisions, conditions and covenants herein shall be binding upon and apply to the benefit of the parties hereto and their respective successors, agents, designees, or assigns. DATED this .1 J1 day of Oc-40 k✓ Zd o-,z- LAKEHAVEN UTILITY DISTRICT By JC,Wd/r Don Perry, General Manager Lakehaven Hi-Crest Waterline 2nd Feed Loop Easement No. P09/974/FUT Fonn Effective 10/10/05 VAL BAIN STATE OF WASHINGTON ss: County of %/1 ) By ZC~ -11 Laurence Magone, Attorney in act for Val Bain I certify that I know or have satisfactory evidence that Don Perry signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: la181~- 6) 7 ,1111 J:' a d► F''~p.nNN~~~ 1111\1\\\\ For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in he space provided. otary Public Title My appointment expires 6-1 y~ Lakehaven Hi-Crest Waterline 2"" Feed Loop Easement No. P09/974/FUT Fonn Effective 10/10 /O5 STATE OF I;W)T~AI, ss: County of I certify that I know or have satisfactory evidence that Laurence Magone signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: 10hW0 7 Notary Public Title My appointment expires 61~08 For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. Lakehaven Hi-Crest Waterline 2nd Feed Loop Easement No. P09/974/FUT Fonn Effective 10/10/05 EXHIBIT "A" Legal Property Description PARCEL A: The south eighth of the northwest quarter of the northeast quarter of Section 14, Township 21 North, Range 4 East, W.M., in King County, Washington. PARCEL B: The southwest quarter of the northeast quarter of Section 14, Township 21 North, Range 4 East, W.M., in King County, Washington and Hi-Crest No.2 addition to King County, according to the plat thereof recorded in volume 59 of plats, page 32 and volume 64 of plats, page 58, records of King County, Washington; and except County road; and except portion thereof lying easterly of the following described line: Beginning at the southwest corner of lot 15 of said, Hi-Crest No.2 Addition; Thence south 12°55' 15" west to intersect the southerly line of said subdivision and the terminus of said line; AND ALSO EXCEPT that portion conveyed to the City of Auburn by deed recorded under the Recording Number 981117043 8, described as follows: Beginning at the southeast corner of said northeast quarter of said Section 14; Thence north 89°57'04" west along the south boundary of said northeast quarter of Section 14, 1,635.53 feet to the TRUE POINT OF BEGINNING; Thence continuing north 89°57'04" west, 107.86 feet; Thence north 56°09'04" west, 93.60 feet; Thence north 33°50'56" east 60.00 feet; Thence south 56°09'04" east 183.23 feet to the TRUE POINT OF BEGINNING; EXCEPT right-of-way for Mountain View Drive, also known as I.B. Knickerbocker Road Number 579. Lakehaven Hi-Crest Waterline 2"d Feed Loop Easement No. P09/974/FUT Form Effective 10/10/05 EXHIBIT "B" Easement Description That portion of Section 14, Township 21 North, Range 4 East, W.M., King County, Washington lying 5.0 feet on the left side and 10.0 feet on the right side of the as-built centerline of the proposed Lakehaven waterline, where the waterline centerline is defined from its connection to an existing waterline on the east to its connection to an existing waterline on the west, AND within the easement for utilities and access recorded under recording number 7708120707, records of said county, last said easement being 40 feet in width and lying 20 feet on each side of the following described centerline, situated in King County, Washington, to-wit: Beginning at the existing plat monument located at the Centerline of HI-CREST DRIVE (64°i Ave. So.) and the extended South line of Lot 9, HI-CREST No. 2 as recorded in Volume 64 of Plats at Page 58, said monument lying South 12-55-15 West 341.87 feet from the intersection of HI-CREST DRIVE (64°i Ave. So.) and South 325"' Street; thence South 2-53-11 West 120.00 feet to a point of curve to the right whose radius bears North 87-06-49 West 70.00 feet; thence along said curve through a delta of 162-45-52 an arc length of 198.85 feet to a point of tangency; thence North 14-20-57 West 139.00 feet; thence North 18-54- 56 West 125.80 feet; thence North 12-36-31 West 77.88 feet; thence North 15-15-18 West 125.42 feet to a point of curve to the left whose radius bears South 74-44-42 West 50.00 feet; thence along said curve through a delta of 105-07-19 an are length of 91.74 feet to a point of tangency; thence South 59-37-23 West 159.60 feet to a point of curve to the right whose radius point bears North 30-22-37 East 100.00 feet; thence along said curve through a delta of 88-07-57 an are length of 153.82 feet to a point of tangency; thence North 32-14-40 West 89.37 feet; thence North 30-03-31 West 221.55 feet to a point of curve to the left whose radius point bears South 59-56-29 West 600.00 feet; thence along said curve through a delta of 17-24-00 an arc length of 182.21 feet to a point of tangency; thence North 47-27-43 West 23.54 feet; thence North 49-00-38 West 163.75 feet to a point of curve to the right whose radius point bears North 40- 59-22 East 100.00 feet; thence along said curve through a delta of 48-34-15 an are length of 84.77 feet to a point of tangency; thence North 0-26-23 West 142.70; thence North 3-16-35 West 200.00 feet; thence North 0-26-09 West 889.37 feet to the North line of Section 14; And also that portion of strip of land lying 7.5 feet on each side of the centerline of hydrant, blow-off, air vacuum assembly, and any other appurtenance laterals lying between the waterline constructed in the above-described easement; And also that portion of land lying within a radius of 10.0 feet from the center of each hydrant, blow-off, air vacuum assembly, and any other appurtenance served by or serving the waterline constructed in the above-described easement. Lakehaven Hi-Crest Waterline 2"d Feed Loop Easement No. P09/974/FUT Form Effective 10/10/05 FXHIRIT 'Q' - FASFMFNT DEPICTION PORTION OF NE a SEC 14, TWP 21N, ME, WM. I I I 1 EXISTING 40' EASEMENT REC. NO. 7708120707 TAX PARCEL NO, 1421049088 I I I EXISTING 15' WATER EASEMENT PARCEL 'B' 14210490021 CEL NO P . TAX AR REC. NO. 8803280354 1 3 \ NEW 15' WIDE WATERLINE EASEMENT v \ SHALL FOLLOW THE AS-BUILT CENTERLINE OF THE PROPOSED WATERLINE AND SHALL ' > EASEMENT LIE WITHIN THE EXISTING 40 a = REC. NO. 7708120707 Lo O U \ \ G 40' EASEMENT T \ EXIS ING w w z \ REC. NO. 7708120707 (t V) Li LJ 3 z ti\ w \ g \ Q. 30' R/W ` 60TH AVE. S. \ \ I I X~ 2 PARCEL 'A' TAX PARCEL NO. 1421049003 Lakehaven Hi-Crest Waterline 2"" Feed Loop Basement No. P09/974/FUT