HomeMy WebLinkAbout20091118001260 WATER EASEMENT 080309Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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Above this line reserved for recording information,
WATER EASEMENT r 1:1 1
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Reference # (if applicable): N/A
Grantor/Borrower: Rodney D. Kapule, Jr. & Bobbie J.
Grantee/Assignee/Beneficiary: City of Auburn
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Legal Description/STR: Section 19, Township 21, and Range 5
Assessor's Tax ParcelID#: 910760-0140
PROJECT NO. C504A, R Street Utility Improvements
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, Rodney D. Kapule, Jr. and Bobbie J. Kapule,
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 a FIRE
HYDRANT 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
Easement
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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 water 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 water 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 3
IN WITNESS WHEREOF, said corporation ha caused this instrument to be executed by
its proper officer(s) this day of 2009.
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Authoriz d Signature
/D L1l ~~G7~Q/
Authorized i a ure
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidentce that &/3 ,6 ~o &2,w IL
and ntu ../c
r the person(s) who appeared before me, anA said individual(s) acknowledged that
e e signed this instrument and acknowledged it to be hi ei free and
voluntary act for the uses and purposes mentioned in this instrument.
Dated
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File: H:\PROJ\C504A-RStSEUtilitylmp\ROW\WaterEasement. DOC
REF. H:\forms\FC088.doc
Easement
Page 3 of 3
EXHIBIT "A"
"M" STREET SOUTHEAST,
LEGAL DESCRIPTION FOR A WATER EASEMENT on Lot 14
That portion of the Northeast Quarter of the Southeast Quarter of Section 19, Township
21 North, Range 05 Fast of the Willamette Meridian, in King County, Washington more
fully described as follows;
Beginning at the Northwest corner of lot 14 of the Plat of Wadkin's Second Addition as
recorded in volume 70 of plats, page 58 records of King County, Washington, said
corner being on the East Margin of "M" Street Southeast;
Thence along the North line of said lot 14 on a bearing of N890 40'37" E a distance of
3.96 feet;
Thence S00' 15' 30' W on a line parallel with said East margin of "M" Street Southeast,
a distance of 8.56 feet;
Thence S89° 40'37" W a distance of 3.96 feet to said East Margin of "M" Street
Southeast;
Thence N00° 15' 30" Fâ along said East margin of "M" Street Southeast a distance of
8.56 feet to point of Beginning.
This description contains an area of 34 square feet, more or less.
The basis of bearings for this description is the Plat of "Watkin's Second addition",
centerline of "M" Street Southeast having a bearing of NO0° 15' 30" E.
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