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20071107002021 EASEMENT 061207
( to o-7) Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recor PNw, ~~ba1C~ ~r~ EASEMENT FACO1-0033 Reference # (if applicable): Grantor/Borrower: N/A information. ~I M & O Development, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: 23-21-04E Assessor's Tax Parcel [D#: 2321049039 & 2321049027 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, M & O Development, 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 for the purpose of laying, maintaining, and installing 12 inch watermain AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement 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 deemed necessary by the Grantee. Easement Page 1 of 5 Ef1l.P t 4 P 4 Mfr l^ r t: 3"D Kim ce, Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement 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 and/or along the boundaries of said Easement 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 real property within the above- described Easement. 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 or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. 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 or sewer 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 premises, the City shall return the property to a condition as 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 property that would impair or limit the City's use of the easement area. This Easement shall be a covenant running with the above-described real property 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, said corporation has caused this instrument to be executed by its proper officer(s) this j 7--m day of 2007. ! d Eel Authorized Signa re Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactglC yy evidence that ©VV" , 65hre the person(s) who appeared before me, and said persons acknowledged that she/they signed this instrument on oath stated that e he/the were authorized to exe~c~^yyt,e the instrument and acknowledge as the b l/ of VV,1 0 g(WeAQ~ Y\AG - a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated ~Z f ® -7 My appointment IG\tlb File: #829 REF. H:\Development\FomsTegal Documents\2007 of Washington Easement Page 3 of 5 LEGAL DESCRIPTION WATER MAIN EASEMENT "Al" The South 15 feet of Revised Lot 3A and the East 15 feet of the South 35.6 feet of Revised Lot 3, City of Auburn Lot Line Adjustment No. LLA-01-0007, as recorded under Recording No. 20011106001193, Records of King County, Washington. Project Name: Auburn 400 West Valley Retail February 19, 2002 Revised June 6, 2003 RWG/ath/jss 79781.009.doc EXHIBIT 'B` 11-100, REVISED LOT 3 REVISED LOT 3A M & 0 Devel p rnent LLC Tax Lot No. Tox Lot No. 2321049039 2321049027„ „ Al WATERMAIN EASEMENT /08874600 E _ N88 44'02*E _ ' x 142.85' 2476.67 Ln I W N J I ~iT v' m A2 A 11,11 E 1/4 SEC 23 I I FND BRASS SURFACE REVISED LOT 1 MON PER ROS (REC. M & 0 I NO. 8204239001 Development LLC i (VISITED JAN. 2001) II Tax Lot No. 375 1 600 709 LOT 1, BILK 129 I C D HILLMAN'S N I I PACIFIC CITY ADD. I DIV. 6 a I I o REVISED LOT 2 I o „B1,. I o K P M Properties I I - E LLC I I Fox Lot No. I v a 3751600711 I BLK 129 ? d LOT 2 , z C D HILLMANS a a PACIFIC CITY ADD. 3 o DIV. 6 I t O. ~ O I IoLL Ccllrev LLC w I , wo Tox Lot No 00 r, . ° 3356407931 „B2„ I V D n n „ p T W c REVISED LOT 1 w °o: ° I % LLA 04-0018 a °O Cornerstone t~l - - Ir- - - - - - °r Homes Zo & ml _ _ _ _ _ _ - N Development oa °o Tox Lot No. Q o I ° 3751600727 Z v a iu i~ Scole., Horizontol 1'=100' Vertical 6HAVi~ 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251-6222 e (425)251-8782 FAX CNIL ENGINEERING, LAND n'1CENG cuVlanluu, cuiel~cclavirFc For: M & O DEVELOPMENT, WATERMAIN EASEMENT Job Numbe 7978 LLC Sheet 1 1