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Home My WebLink About20091118001490 SIDEWALK AND UTILITY EASEMENT 110409Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 iiiiiiiiiiiiiiiiiiiiiillillililI ,200791118001490 N TIT EIIS 66.00 PACKOI81 'O'F 005 PnGE 1 1 /18/2009 14:29 KING COUNTY. WA Above this line reserved for recording information. SIDEWALK AND UTILITY EASEMENT FAC08-0021 ~r1' 'r to„ t9)5,v QT TI11 Reference # (if applicable): N/A Grantor/Borrower: Auburn Professional Plaza, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SWY<NWAS18-'1'21N-R5E S 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 public sidewalk, underground utility 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. / 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 including taking no actions within the easement area inconsistent with City ordinances governing the use of public sidewalks and right of way. 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. No excavation shall be made within three (3) feet of said sidewalk and utility 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 sidewalk and utility 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 ors IN WITNESS WHEREOF the Grantor(s) has/have executed these presents this Lt" day of N 0VF7n3C--6Z- 2009. 1-2 ut YSign re STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that -I know or have satisfactory evidence that is the person who appeof b u 6o/h nd said person acknowledged th e/~e signed this instrument, on oath st t wa authorized to execute the irisment and ac wledged it as th a limited liability be the free and vo ntary act of such party forte ses o " and purposes mentioned in this strument. Dated f ;p ~OIARY PUBS-~G i O `-~~F OF W PS roil J N rl ~ / \ ~,J^J Residing at My appointment expires 0 HS/tlb/jr File: 1276 Ref: H:\Development\RrojectsWel's Lumber\Legal Documents\2009 Easement Page 3 of 5 EXHIBIT "A" LEGAL DESCRIPTION SIDEWALK & 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 Corner of said Lot 1, being on the North margin of said Main Street East; THENCE South 89° 04' 21" East, 20.04 feet along said North margin to the TRUE POINT OF BEGINNING; THENCE CONTINUING South 89° 04' 21" East, 9.72 feet along said North margin to the Northwest margin of Auburn Avenue Northeast; THENCE North 20° 09' 15" East, 13.75 feet along said Northwesterly margin to a point which bears North 48° 34'50" East from the TRUE POINT OF BEGINNING; THENCE South 48° 34'50" West, 19.27 feet to the TRUE POINT OF BEGINNING. Easement Page 4 of 5 EXHIBIT "B" 1'=30' 1-1- A F I I , . A L ^":-111 1 Tn li ) , \ f \ I UV I VI I V I Ir.l "I I 1 f1 vL-nV\JI L_I VVI.. I nry( L7l. Vlil♦ V -I n`^ P AL . nlTlnnl r,uvll Ivly Tv JL.nv\Jlfl I r_F\ JV 2 ' VI 5,4 , v L.. . r, I J 0 0 Z a / m N I r- I 1L.L.C O % o N l 548'34'50w1 1927' TRUE POINT OF BEGINNING / ((1 POINT OF COMMENCEMENT 7 Q 589'04'21"E 20.04' ' ' " ' / 589 04 21 E 9.72 J N20'09'15"E 13.75' Jm ~ Q EAST MAIN STREET SCALE. For: HORIZONTAL 1"=30' VERTICAL N/A AUBURN PROFESSIONAL GF1Atj 0 S P 18215 72ND AVENUE SOUTH KENT, WA 98032 425)251-6222 ( PLAZA m Z (425)251-8782 FAX Title: 'ACENGVO~`y CIVIL ENGINEERING, LAND ENVIRONNMENTAL SIRViCES SIDEWALK & UTILITY EASEMENT-EXHIBIT n O W c ; I OB NUMBER 13147 3147L.010.DOC SHEET 1 1 Easement Page 5 of 5