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Home My WebLink About20091118001491 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, / " / r _ 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 I/ r,the /SS State 'of W s}5in Z_,e •c ~ ~ O°J 2O/ HS/tlb 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 0 5 M M rn N C L AV VI ; Cu V I]A n1L . L ARD'U^v ,vT C' . n II AMTinATA nuu I w I v CI A'V+1UT1 T ..L.AU1 L v vL.. ~ LJ. POINT OF i..'li. CAL. L.n D Tn 6AF tl: ADDITION IIVIV U f, A ^I LAVVTIIL A''/•' Tn r VO JL.. i 'Iii. v FLOCK All AL.L.L 1 ` N69'S0'45'W S20'09'15'W 7.0 569'S0'45'E 3.50'- Z qh 2. PT. "A" .W • $ j 50'45'W 3.50' o N h ? MJ'15'W 7.00 / o m Q ; 9'50'45^E / POINT TRUE S89'04'21'E 2176'- / N20'09'15'E 14.00' EAST MAIN STREET I 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