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HomeMy WebLinkAbout20070619000377 WATER EASEMENT 031207Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 111il 11111111111111 1 1111111111111111111 61 000377 A 01 OF 36.9a /2007 09 Above this line reserved for recording information. WATER EASEMENT FAC06-0004 Reference # (if applicable): N/A Grantor/Borrower: Red Lotus Cafe Inc Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW /S18 T21N R5E Assessor's Tax Parcel ID#: 182105-9222 C~t.1~,..1T- v~ ~o5"Yl s ~3^1 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, Red Lotus Cafe ine 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 for the purpose of laying, maintaining, and installing 12-inch watermain AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement 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 deemed necessary by the Grantee. Said document(s) were fiW br record by Pacific NorthwestTNe W accommodation only. It has am Yg.n Easement examined as to proper exop/pp K Page 1 of 5 at b b affect upon title. ut~ 0 11 Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement 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 and/or along the boundaries of said Easement 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 real property within the above- described Easement. 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 or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. 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 or sewer 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 premises, the City shall return the property to a condition as 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 property that would impair or limit the City's use of the easement area. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 1-2-'a day of yV1 r-- 2007. Authorized Signature Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that TD O rG L l., 1 vl and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the O L-Z) v) -tr and of R<4 L o ti~ Cn~'C n C a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated I a~ tM r, tr , ZC-~O--l CAlq 40 ,~pf~R► + N Notary Public in and for .Mate of Washington -r = Residing at 8 1 r v H e.- pustf- : My appointment expires fa 1 y a00$ .0•nc KT/tlb File: #1084 REF. H:ADevelopment\Forms\Legal DocumentsA2007 Easement Page 3 of 5 ~s t 5-~•f! +d ~t ~g EXFIIBIT "A" WATERLINE EASEMENT LEGAL DESCRIPT ON Parcel No. 182105 4222 The Fast 15.00 feet of the North 78.81 feet of the following: That portion of t iovemment Lots 1 and 8, Section 18, Township 21 North, Runge 5 East, W.M., in King County, Washington, described as follows; Commencing at the Northwest corner of said Section 18; "Thence north 86c'28'54" east, along the north lire thereof, a distance of 1175.42 feet; Thence south 03°31'06" east a distance of 371.00 feet to the Point of Beginning; Thencc south 86128'54" west a distance of 177.42 feet: Thence north 03°3l `0V west a distance of 10.52 feet; Thence south 86°28'54" west a distance of 142,77 feet to the southeasterly margin of Primary State Highway No. 5; Thence south 25°00'42" crest, along said margin, a distance of 90.00 feet; Thence north 86028'.54" east a distance of 323.15 feet; `thence north 03'31'06" west a distance of 69.54 feet to the Paint of Beginning: Also. The north 60 feet of the following described property: That potion of Goremrnent Lots 1 mid 9, Section 18, Township 21 North, Flange 5 Fast, W.M., in King County, Washington, described as follows; Commencing at the northwest comer of said Section 18; Thence easterly along the north line thereof adittance of 1175,42 feet, Thence south a distance of 434.5 feet to the Point of Beginning; Thence continuing south a distance of 219.75 feet, more or less, to the north city limits of the City of Auburn, King County, Washington, as it existed prior to July 21, 1453; Thence westerly, along said north city limits, a distance of 44145 feet, more or less, to the southeass€erly margin of Primary State Highway No. 5; Thence northeasterly, along said margin a distance of 25058 feet, more or less, to a point west of the Point of Beginning; Thence east a distance of 323.67 fceL more or less, to the Point of Beginning. Easement Page 4 of 5 QRAF~NC s R~C~'`tT sar T 9aO , ~r 1#4 I I7.S" WATERLINE EASEMENT 27 I ! Q T ' 7.5' WATERLINE -s ~ r` EASEMENT ,J f s 22 GFtAPHC SCALE 60 0 30 60 1220 IN FEET } i jr ch - 60 ftt QIUVIG Easement Page 5 of 5