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Home My WebLink About20070919002383 WATER EASEMENT 080807SP-1-5 it ~e-e((Ir_os Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WATER EASEMENT FAC06-0012 Sawdooumant(Owesa for N vl ranerd by Pacific Notttwv4W 7?M K -1 10 r~ i ascommodation only. It hm of Wwn 1N xamined ac to orcnar ammitrbo : u Reference # (if applicable): N/A ' IS to ltr p!t~cj pcsr:. Grantor/Borrower: ELLINGSON CROSSING LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE % SE % S25 T2 IN R4E Assessor's Tax Parcel ID#: 252104-9028 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, ELLINGSON CROSSING EEC 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. 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 Easement Page 1 of 5 I.r U'~r frm f r sl Tti~i. ° :•~P l" ey cis 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 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 day of 6I ~A} 2007. Authorized Signature Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF Kttlej ) SCIAN cr~SJ I certify I have know or havesatisfactory evidence that -Zr,V-1 e- t- ~ G T-' ~ L le r 1s re the person(s) who appeared before me and said rson(s) acknowledged that she/they signed this instrument on oath stated tha&she/the w / ere authorized to execute the instrument and acknowledge as the of k(I,;'gcc 0 I,~ I,LC_ a limited lia li company, to be the free and vMuntary act of su h party for the uses and purposes mentioned in the instrument. Dated , c" ROe~ - / ss\ NE P m t r I t~ L rJ r t~ ° NOTARY m Notary Public in and for the State of Washington + Residing at F.Je_t PUBLIC 2 My appointment expires _ Vic, ~l I N~A 6.30-2011 AZ ' OF W ~O KT/tlb File: #1074A REF. H:ADevelopmentVProjects\Elliongson CrossingVLegal Documents Easement Page 3 of 5 EXHIBIT A EASEMENT FOR WATER SERVICE ELLINGSON CROSSING A STRIP OF LAND LYING WITHIN THE FOLLOWING DESCRIBED PARCEL 2 BEING 15.00 FEET IN WIDTH WITH 7.50 FEET OF SUCH WIDTH LYING ON EACH STDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 21, RANGE 4 EAST, WILLAMETTE MERIDIAN; THENCE NORTH 88' 24'08'* WEST t93.57 FEET; THENCE NORTH 03° 11'4 1" LAST 60.02 FEET TO THE NORTH MARGIN OF ELLINGSON ROAD I41" STREET SE AND THE TRUE POINT OF BEGINNING OF THIS LINE DESCRIPTION; THENCE CONTINUING NORTH 03° 11'41 " EAST 206.03 FEET TO REFERENCE POINT "A" AND THE TFRMINTJS OF THIS CENTERLINE DESCRIPTION; SHORTENING AND LENGTHENING THE SIDELINES OF SAID STRIP TO BEGIN AND END ON THE SOUTH LINT OF SAID PARCEL 2. TOGETHER WITH BEGINNING AT REFERENCE POINT "A" IN THE ABOVE STRIP DESCRIPTION; THENCE SOUTH 86" 48' 19" EAST 24.72 FEET; THFNCF NORTH 03° 1 V4 1 " EAST 21.98 FEET; THENCE SOU'TIi 87° 14' 04" EAST 434 FEET;. THENCE NORTH 02'12'09- EAST 21.45 FEET; THENCE NORTH 87° 27' 51" WEST 36,32 FEET; THENCE SOUTH 03° 11'41 " WEST 43-07 FEET; TIIENC:E SOUTH 80'48' 1!Y' EAST 750 FEET TO SAID REFERENCE POINT "A" AND THE, POINT OF BFGW NTNG; FaeCei 1 THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER. OF SECTION 25, `COWNSHW 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTH AND EAST OF THE FOLLOWING DFSCRTBFD LINE.: COMMENCING AT THE SOL.RTTF-ASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTH 02026'10" PAST, ALONG THE EAST LINE OF SAID SUBDIVISION, 477.78 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE. NORTH 87°49'54" WEST FOR 11264 FEET; THENCE SOUTH or Iww, WF.S'T FOR 44.00 FEET; THENCE NORTH 87°49'54" WEST FOR 134.94 FEET; THENCE SOUTH 0202610" WEST FOR 140.25 FEET; THENCE SOUTH 33°00'14" WEST FOR 80.27 FEET; TTIENCE SOUTH 00°01'35" EAST FOR 227.55 FEET TO THE SOUTH LINE OF SAID SUBDIVISION AND THE. TERMINUS OF IT IF DESCRIBED LINE;. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN 'A" STREET AND ELLINGSON ROAD; (ALSO KNOWN AS PARCEL 2 OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0641001, RECORDED JUNE I6, 2006 UNDER RECORDING NUMBER 20060616000926). Easement Page 4 of 5 EXHIBIT B g 49 W NS T2'1'51"'k 36.32' j N0732'. _ 21.45' Soyl'WW 43.07' F i 4.34' ~N03' 91'41 "E l 21.98' 54 "E '386,48 I'VE y4,72' .72' 7.517' R AENOE POINT P i,~ PARCEL 2 -7 5, Poe N03'11 w vs f- w w yr 29' 1 30' CS v ELLINGSON ROAD/41ST STREET SE WATER SERVICE EASEMENT DRAWING FOR ELLINGSON CROSSING A PORTION OF '-,HE SE1/4 OF THE SE'/4 OF ,,,EC7" 35, MP, 21 W. RGE. 4 E., WA, CITY OF AUBURN KING COUNTY, WASHINGTON do 0 60 120 Scale: 1 ° = 60' EXPtRES 6/l/06 DATE: 08,102/07 Easement Page 5 of 5