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Home My WebLink About20070919002373 WATER EASEMENT 081607~41 ?1 72 , 6~ 010'1, ) Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. RAW, S \wlk m 1a WATER EASEMENT ®i ~S FAC06-0015 I Reference # (if applicable): N/A Grantor/Borrower: SEATTLE MENTAL HEALTH Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW S31 T22N R5E Assessor's Tax Parcel ID#: 000400-0005 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, SEATTLE MENTAL HEALTH 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 12" water main 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. Bald document(s) wets flied tar reowd by Pacific Northwest TMMe as rTlrnOdetinn only U h= = bUen Water Easement axamined as to proper exaoL*on or Page 1 of 6 as to MS affect upm title. EXGISE'fFi.'°` 1 °:=GU D Ifrn '~a, R.aE~rda D ~ U ' PAY -11 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. 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. Water Easement Page 2 of 6 IN WITNESS WHEREOF sa}d corpor tion has c used this instrument to be executed by its proper officer(s) this j(/i~ay of 2007. It e) Autho zed Signature Date ~ Authorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ~n v I Pt SEhI h e ie R- and are tliy persons who appeared before me, and said person acknowledged that tk7 signed th&irTs"tfament, on oath stated that tke were authorized to execute the instrument and acknowledged it as the was C F O and of~Eat+l~ r'Ner,+ j I~en I fI a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated 8 / /4/07 :BAD(;~rtr, J~ Cry PUB00 0 s Notary Public1n and for the state of Washington j'•., y pl;'~g Residing at P eo (A q' 'r 9 Z~~.A My appointment expires r r t h f ¢ ~4.. ®e suC«4 KT/tlb File: # 1098A REF. H:ADevelopmentVProjects\Seattle Mental HealthTLegal Documents Water Easement Page 3 of 6 PUBLIC WNTER lhS%MNT L1ISMIPTION THAT PORTION OF THE SOUTH 261.36 FEET OF THE NORTH 522.72 FEET OF THE. EAST 690.64 FEET OP THE DONATION LAND CLAIM OF THE HEIRS OF LAW OF HARVEY H. JONES AND HIS WIFE, ELIEA JANE JONES, EOTH DECEASED, DESIGNATED AS CLAIM NO. 39, BEING PART OF THE SOUTHWEST QUARTER Of SECTION 31, TOWNSHIP 22 NORTH, RANGE S 'SET EAST, WM., IN KING COUNTY, WASHINGTON, LYING EAST OF THE FAST AIRS LINE OF AUBURN WAY AS ESTABLISHED BY DEED RECORDED OCTOBER 37., uEIR 1979 UNDER RECORDING NO. "1910331137, RECORDS OF KING COUNTY, WASHINGTON, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 1.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: AST COMMENCING AT THE SOUTH'rd:EST CORNER OF ABOVE DESCRIBED 31, SUBDIVISION; '.G THENCE NORTH 00°46'32" WEST AT,ONG SATD EAST LINE OF AUBURN WAY E; 7.50 FEET TO THE BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 69%4'59" EAST PARALLEL WITH AND 7.54 FEET NORTHERLY OF THE SOUTH LINE OF SAID SUBDIVISION 299.76 FEET TO HEREINAFTER MENTIONED POINT "A"; WAY THENCE CONTINUING NORTH 89°04'59" EAST 612.50 FEET TO HEREINAFTER MENTIONED POINT "B"; THENCE,' CONTINUING NOR'T'H 69°04'5'3° EAST 244.00 FEET TO TO HEREINAFTER MENTIONED POINT ,.C"; THENCE CONTINUING NORTH 69°04'59" EAST 201,52 FEET TO THE WEST LINE OF THE EAST 33.59 FEE.. OF SAID SUBDIVISION, AND TO THE TERMINUS OF THIS DESCRIBED CENTERLINE; TOGETHER. WITH A. STRIP OF LAND 39.00 FEET TN WIDTH, LYING 29.00 ERT FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CFNTFRi.TNE: BEGINNING AT AFOREMENTIONED POINT "A"; THENCE NORTH 0055'01," ',JEST 2850 FEET TO THE. TER-MINUS OF THIS aD DESCRRBED CENTERLINE; AND TOGETHER WITH A STRIP OF LAND '_5.00 FEET `mA WIDTH, LYING HI; 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED POINT "B"; THENCE NORTH OQ°55'0,41" WEST 13.19 FEET TO THE TERMINUS OF THIS DESCIRSF.D CENTERLINE; E: AND TOGETHER WITH A STRIP Of LAND 15.04 FEET IN WIDTH, LYING HIS 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT AFOREMENTIONED 20--NT "O"; THENCE NORTH 00055'01" WEST 27.70 FEET TO THE TERMINUS OF THIS G DESCRIBED CENTERLINE; R: THE SIDELINES OF SAID EASEMENT TO PE. SHORT ?:£NED CF LENGTHENED TO MEFf' AT ANGLE POINTS AND TO TERMINATE Ax-- SAID FAST LINE OF AUBURN WAY AND AT SAID WEST LINE OF THE E'AS'T 33.50 FEET OF SAID SUIs!DTVISION. pF CONTAINING AN AREA OF' II,3F3 SQUARE FEET, OR 0.2606 ACRES, MORE A. OR S:.ESS- e}vRE SI:TDATE IN THE CITY OF A'B-j RN, KING COUNTY, WASHINGTON. °.I':U;V°'E =.N NT =y !OF 3e# :S tRN, KING COUNTY, W&311INCT0N, Water Easement Page 4 of 6 CB RICHARD ELLIS SEATTLE MENTAL HEALTH, AUBURN JOHANN G. WASSERMANN, R.L.S. RRH JOB NO. 2005206.03 AUGUST 14, 2007 BUSH, ROED & HITCHINGS, INC.. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 Water Easement Page 5 of 6 I EXHIBIT "B" I f ~ _ _ AUBt~2N WAY l10R7H rm Goo: w v y~ s ,9£'l9d 3 .zC.96A9 5 t 3 ~ L N ~J v 8 i Q~ a) zzz `4 Di>0 7 CtTim~ ~ *t c p~ C~n1tq-> z P? N 2-C -i d r Qr. 5 U q~q ~ e` N"i ~ ~ R~ m ~ u yz n I b' ~ ro m L II ~ ~zu, I qu. ry c ~ S'°r ~a,'z v 'w4 °wz u app~ .Pim ( rx-rE i f°pz q~pZ~ t- v S; OOO ~~y In ~a `4~~ O y@ [Oy pp ~~11 ay%. 'O Gp~ ~ # •D ~'yi yy Miy O~ P ~j l~l=ppy dY+y y tVwl yam' m t~ _ C? > ` V 'x~r v girt ~ ,S"L 2K m:~~ h x w ;s£•asz a ,zs,9roo s *1" ST, K FUTURE STREET a T~ woaco-aoo< nr _ ~ KAWASAKI FAMILY I!NITEC) z 4238 AUBURN WAY NMTH p _ mo mrT A R $ d m _ ci~(n si4j Sr p y Caay ?X m Y 4 $ R } it U ~ FZ v tS f~ .m a ~4 s Water Easement Page 6 of 6