HomeMy WebLinkAbout20091118001490 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