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HomeMy WebLinkAbout20070619000383 WATER EASEMENT 041807Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WATER EASEMENT FAC06-0003 Reference 4 (if applicable): N/A GrantorBorrower: AMB Property, L.P. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S24 & S25-T21N-R4E Assessor's Tax Parcel ID4: 242104-9069,242104-90C)0,242104-9091, 242104-9092,242104-9093 nNw`T - W to->M 12- ®136 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, AMB Property, L.P. 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 Water Main 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. 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 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 facilities. The use of such additional area small be heid 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 ihereou 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. "a nocumet is) wt»a med ter raasd by Pacific NorthweetTltle as Easement 9 WFJUWaQt011f4Wra11a0r01 W Page 1 of5 010%dwap"06 u ~ Ir s 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. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of 2007. on Signature Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that {r 5, 1 is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that Z was/ err autho ized to excoute strument and acljnowledge as the a Limited Partnership, to be the free and voluntary ct of Itich party for the uses and purposes mentioned in the instrument. Dated 411 l - all N.IRV/H~h/ ~I. 1yy,~sZ Qom. \55\ON~~ 1 Vls ' SARy Notary Public in and for the State of Washington $ a0 Residing at CSC c; Z 9 My appointment expires PUBU N>' 5.19-0' T " F OF KT/tlb File: 91081A REF. WDevelopmentTormsTegal Dowments\2007 Easement Page 2 of 5 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT A strip of land, 15.00 feet in width, over, under and across that portion of Lot 8 of City of Auburn Lo' Line Adjustment No. LLA-05-4077, recorded under Recording No. 20051 2 13002 289, Records of King County, Washington, having 7.50 feet of such width lying on each side of the following described centerline: COMMENCING at the Southeast oornor of said Lot 8; THENCE South 88" 50'10" West, 143,89 feel along the South line of said Lod 8 to the TRUE POINT OF BEGINNING of herein described centerline; THENCE North DI' 00' 48° Wes4 69.01 feet to a point herein described as Point "A"; THENCE CONTINUING North 01' 00'48" West, 187.76 feet; THENCE North 43" 41' 31" East, 88.29 feet; THENCE North 480 25' 20" West, 0.28 feet to a point herein described as Point "B'"; THENCE CONTINUING North 48' 25' 20" West, 84,08 feet; THENCE North 01' 00' 48° West, 371,30 feet to a point heraln described as Point "C"; THENCE CONTINUING North 01" 40' 48"' West, 353 99 feet to a point herein described as Point "D'; THENCE CONTINUING North 01' 00' 48" West, 334.59 feet to a point herein described as Point 'V- THENCE South 88` 58' 47" West, 49,67 feet to a point herein described as Point "F"; THENCE CONTINUING South 68' S8' 47" West, 255.98 feet to a point herein described as Point "G; THENCE CONTINUING South 88° 58' 47" West, 87.02 feel to a point herein described as Point "H; THENCE CONTINUING South 88' 58' 47" West, 361.48 feet to a point herein described as Point "I"; THENCE CONTINUING South 68' 58'47" West, 51.02 feet to a point herein described as Point "J"; THENCE South 01' of 11"' East, 80.16 feet to a point herein described as Point "K"; THENCE CONTINUING South 01" 01' 11" East, 259.84 feet to a point herein described as Point 'V THENCE CONTINUING South 01" 01' 11" East, 306.69 feet to a point horoin described as Point "M'% THENCE CONTINUING South 01" 01' 11" East, 367.00 feet to a point herein described as Point "N"; THENCE CONTINUING South 01" 01' 17" East, 264.33 foot to a point herein described as Point ' O" , THENCE North 88° 59'05' East, 5134 feet to a point herein described as Point'P'; THENCE CONTINUING North 88° 59'05" East, 85,95 feet,; THENCE South 45° 00'00' East, 46.33 feet; THENCE North 88' 59' 19" East, 342.61 feet to a point herein described as Point "O"; THENCE CONTINUING North 88° 59' 19" East, 256.16 feet to a point herein described as Point "R"; THENCE CONTINUING North 88' 59' 19" East, 34.77 feet to forosaid Point "A"and the terminus. TOGETHER WITH strips of land, 15.00 feet in width, having 7,50 feet of such width lying on each side of the following dosrnbed centenines: BEGINNING at the foresaid Pant'B'; THENCE North 17 30'20' West, 53.60 feet to the terminus. BEGINNING at the foresail Point'C"; THENCE North 86' 50'12' East, 5156 feet to the terrninus_ BEGINNING at the foreso0d Point'D THENCE North 88' S9" 12" East. 51.99 feet to the terminus. BEGINNING at the foresaid Point "E"; THENCE North SW 58" 47" East, 7,50 feet to a point herein described as Point "S" and the terminus. BEGINNING at the foresaid Point "F`; THENCE South 01' 01' 13" East, 39.50 feet. to the terminus- BEGINNING at the foresaid Point 'G'; THENCE North 01° 11'36" West, 29,10 feet to the North line of said Lot 8 and the terminus. Easement Page 3 of 5 BEGINNING at the foresaid Point 'H'; THENCE South 01° 01'13" East, 40.00 feet to the terminus. BEGINNING at the foressid Point °f; THENCE South 011 01'13" East, 40.00 feet to the terminus. BEGINNING at the foresaid Point 'J', THENCE South 88" 58'47" West, 35.97 feet; THENCE North 84" 59 58" West, 155.93 feet to the Westerly line of said Lot 8 and the terminus, BEGINNING at the foresail Point "UTHENCE North 89° 45" 37" West, 74.22 feet; THENCE North 00° 14' 23" East, 13.28 feet to the terminus. BEGINNING at the foresaid Point °fu1^; THENCE South 88" 58' 49" West, 79.94 feet; THENCE North 01" 01' 13" West, 13.50 feet to the terminus. BEGINNING at the foresaid Point 'N": THENCE South 88" 58' 49' West, 79.94 feet: THENCE North 01" 01' 11" West, 13.50 feet to the terminus. BEGINNING at the foresaid Point *0'; THENCE South 01'01' 11" East, 104.48 feet to the South line of said Lot 8 and the terminus. BEGINNING at the foresaid Polnt'P`; THENCE South 01100' 41" East, 17.50 feet to the terminus. BEGINNING at the foresaid Point'El"; THENCE North 001 67'05" Wrest, 37.69 feet to the terminus.. BEGINNING at the foresaid Point"R'; THENCE. South 01° 09'50' East, 26.03 feet to the terminus. TOGETHER WITH strips of land, 20.00 feet in width, having 10.00 feet of such width lying on each side of the following described centerlines: BEGINNING at the foresail Point 'K`; THENCE North 88° 58'49' East, 58,99 feet to the terminus. BEGINNING at the foresaid Point "S"; THENCE North SW 56'47' East, 132.11 feet to the East line of salt Lot 8 and the terminus. The sidelines of said easement shall be shortened or lengthened as necessary to intersect at angle points and said East line. Easement Page 4 of 5 EXHIBIT "B" t% LOT 2 CITY /Ji AU®URN S.?. Na SPL03-0003 Rc"~ NO. 2WJ10701511 f * 2w ij WATERL04 J 2J 25.00' WA Fh$ whff q Awirw,w 1'=200' Wr,oa M LOT 8 CITY Or AUBURN L.LA. ND. UA-05-0017 REc. No. 2005121300Pf99 FAX m 7 uaaat 12£5CWff"7;Y4C IIG54dl.01..0.L^~ For: ab6 Numbx AMB PROPERTY 12088 CORPORATION LMD WATERLINE y EASEMENT EXHIBIT 1 w 1 Easement Page 5 of 5