HomeMy WebLinkAbout20091118001491 UTILITY EASEMENT 110409Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
s.' 11 r,r
UTILITY MENT
AC08-0021
A
Reference # (if applicable): N/A
Grantor/Borrower: Auburn Professional Plaza, LLC l~
Grantee/Assignee/Beneficiary: City of Auburn
q . -e
Legal Description/STR: SW Y< NW Y< S18-T21N-RSE
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 street lights 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.
/17
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 street light 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 street light 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
IN WITNESS WHEREOF the Grantor has executed these presents this
/ day of N b Mii? 3~/L. 2009.
~N/3u2r/ l'/eOFE~'S/oN~i J~Gf/~ N.E
Au iz Signa e
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know_ or have satisfactory evidence that
is the person who of
acknowledged tha h /she signed this instrument, on
to execute the instrument and ackno vley{ged it as thp .
..f i✓bi
a limited liability ce*perdtiee fb
and purposes mene-d iin thi gInst
Dated ///7, / " /
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tttt~.~'x••h~~~SS =
ARY
PUBS ~G ? O
-=TFOF WP`'~itttt
Notary Public in am
Residing at
My appointment ex
and sai person
e was authorized
act of such partyof the uses
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State 'of W s}5in
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File: 41245
REF. H:ADeveloprnentAProjects\Aubmro Professional PlazaTegal Docs\2009
Easement
Page 3 of 5
LEGAL DESCRIPTION
UTILITY EASEMENT
That portion of Southwest quarter of the Northwest quarter of Section 18, Township 21 North,
Range 5 East, Willamette Meridian and the Southeast quarter of the Northeast quarter of
Section 13, Township 21 North, Range 4 East, Willamette Meridian, being a portion of land Lying
between Auburn Avenue Northeast and 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 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:
COMMENCING at the Southeast Comer of said Lot 1, being on the North margin of said Main
Street East;
THENCE South 89° 04' 21" East, 29.76 feet along said North margin to the Northwest margin of
Auburn Avenue Northeast;
THENCE North 20° 09' 15" East, 14.00 feet along said Northwest margin to the TRUE POINT OF
BEGINNING;
THENCE CONTINUING North 20° 09' 15" East, 7.00 feet along said Northwesterly margin to a
point herein referenced to as Point "A";
THENCE leaving said Northwesterly margin at right angles, North 69° 50' 45" West, 3.50 feet to a
line parallel with and 3.50 feet Northwest of said Northwesterly margin;
THENCE South 20° 09' 15" West, 7.00 feet along said parallel line to a point which bears
North 69° 50'45" West from the TRUE POINT OF BEGINNING;
THENCE South 69° 50'45" East, 3.50 feet to the TRUE POINT OF BEGINNING.
AND
That portion of said Southwest quarter of the Northwest quarter of Section 18, Township 21 North,
Range 5 East, Willamette Meridian, more particularly described as follows:
COMMENCING at the foresaid Point "A", being on said Northwesterly margin of Auburn Avenue
Northeast;
THENCE North 20° 09' 15" East, 53.12 feet along said Northwesterly margin to the TRUE POINT
OF BEGINNING;
THENCE CONTINUING North 20" 09' 15" East, 7.00 feet along said Northwesterly margin;
THENCE leaving said Northwesterly margin at right angles, North 69" 50'45" West, 3.50 feet to a
line parallel with and 3.50 feet Northwest of said Northwesterly margin;
THENCE South 20° 09' 15" West, 7.00 feet along said parallel line to a point which bears
North 69° 50'45" West from the TRUE POINT OF BEGINNING;
THENCE South 69" 50'45" East, 3.50 feet to the TRUE POINT OF BEGINNING.
Easement
Page 4 of 5
EXHIBIT "B"
ID
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EAST MAIN STREET
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SCALE.
For:
JOB NUMBER
HORIZONTAL 1"=30' VERTICAL N/A
AUBURN PROFESSIONAL
13147
pHq(~ 18215 72ND AVENUE SOUTH
Q' KENT. WA 98032
425)251-6222
)
PLAZA
13147L.011.00C
Z425
251-8782 FAX
Title:
SHEET
CIVIL ENGINEERING. LAND
V
Y
UTILITY EASEMENT
PLANNING. SURVEONG.
*
EXHIBIT
1 1
FNVIRONMFNTAI SFWr..FC
tM0
_
E POINT
BEGINNING
Easement
Page 5 of 5