HomeMy WebLinkAbout20071107002000 WATER EASEMENT 103007Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
11111
ue
FIT EM
Above this line reserved for recording information.
WATER EASEMENT
FAC06-0031
Reference # (if applicable):
N/A
Grantor/Borrower:
Auburn Park 44 PG, LLC
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
A Portion of 36-22N-4E
Assessor's Tax ParcellD#:
936000-0035
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, Auburn Park 44 PG, 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 ("Easement Area") for the
purpose of laying, maintaining, and installing 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.
"d document(s) wwo filed W
raped by Pa0e Nt rttrx" Title m
agoolmnolistlon only. It has not been
Easement VAWAir" aG to ProVe'
Page I of 5 as to Its affect upon title.
{F (q~r+ A~ n~oA
\ Iy
Is d
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.
Easement
Page 2 of 5
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by
its proper officer(s) this 33 j''day of , ~*C 1- , 2007.
Authorized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
v t G"Mn is the person who appeared before me, and said
person acknowledged that he signed this instrument on oath stated that he was authorized
to execute the instrument and acknowledge as the I) jrE-~ r- (,m e nr4' Al 1-411 A -!4E L
of u C~ h ~j ~Q y4 PC, LL L a limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument
Dated /0 t3o/o-7-
My appointment expires
IG/tlb
File: #108813
REF: H:\Development\Projects\Panattoni 44" ST Warehouse\FAC06-003 I \Legal Documents\2007
Easement
Page 3 of 5
LEGAL DESCRIPTION
WATER EASEMENT "A"
A Water Easement for the construction and/or installation of water mains, hydrants, valves and
appurtenances of a portion of the Southeast quarter of the Southwest quarter of Section 36,
Township 22 North, Range 4 East of the Willamette Meridian, more particularly described as
follows:
COMMENCING at a Brass Monument in a Steel Case, which marks the South quarter corner of
said Section 36;
THENCE North 89° 00' 35" West, along the South line of said Section 36, a distance of
468.36 feet;
THENCE North 00° 50' 25" East, a distance of 320.29 feet to the TRUE POINT OF BEGINNING;
THENCE CONTINUING North 00° 50'25" East, a distance of 15.00 feet;
THENCE South 89° 09' 35" East, a distance of 12.00 feet;
THENCE South 00° 50' 25" West, a distance of 15.00 feet;
THENCE North 89° 09' 35" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING
and the terminus of this description.
Situate in the County of King, State of Washington.
1
Project Name: Auburn Park 44
October 25, 2007
Revised: October 25, 2007
EXHIBIT 'A'
DJS/jss
12153L.003.doc
Exhibit: 12153EX5.dwg
Page 4 of 5
LEGAL DESCRIPTION
WATER EASEMENT "B"
A Water Easement for the construction and/or installation of water mains, hydrants, valves and
appurtenances of a portion of the Southeast quarter of the Southwest quarter of Section 36,
Township 22 North, Range 4 East of the Willamette Meridian, more particularly described as
follows:
COMMENCING at a Brass Monument in a Steel Case, which marks the South quarter corner of
said Section 36;
THENCE North 89° 00' 35" West, along the South line of said Section 36, a distance of
468.36 feet;
THENCE North 00° 50' 25" East, a distance of 638.28 feet to the TRUE POINT OF BEGINNING;
THENCE CONTINUING North 00° 50'25" East, a distance of 15.00 feet;
THENCE South 89° 09' 35" East, a distance of 12.00 feet;
THENCE South 00° 50' 25" West, a distance of 15.00 feet,
THENCE North 89° 09' 35" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING
and the terminus of this description.
Situate in the County of King, State of Washington.
Project Name: Auburn Park 44
October 25, 2007
Revised: October 25, 2007
EXHIBIT 'A' Continued
DJS/jss
12153L.003.doc
Exhibit: 12153 E X5. d wg
Page 4 Continued of 5
LEGAL DESCRIPTION
WATER EASEMENT "C"
A Water Easement for the construction and/or installation of water mains, hydrants, valves and
appurtenances of a portion of the Southeast quarter of the Southwest quarter of Section 36,
Township 22 North, Range 4 East of the Willamette Meridian, more particularly described as
follows:
COMMENCING at a Brass Monument in a Steel Case, which marks the South quarter corner of
said Section 36;
THENCE North 89° 00' 35" West, along the South line of said Section 36, a distance of
450.19 feet;
THENCE North 00° 50' 25" East, a distance of 939.12 feet to the TRUE POINT OF BEGINNING;
THENCE CONTINUING North 00° 50'25" East, a distance of 15.00 feet;
THENCE South 89° 09' 35" East, a distance of 12.00 feet;
THENCE South 00° 50' 25" West, a distance of 15.00 feet;
THENCE North 89° 09' 35" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING
and the terminus of this description.
Situate in the County of King, State of Washington.
Project Name: Auburn Park 44
October 25, 2007
Revised: October 25, 2007
EXHIBIT 'A' Continued
DJS/jss
12153L.003.doc
Exhibit: 12153 E X5. dwg
Page 4 Continued of 5
44TH STREET N.W.
S89'00'351 421.72'
N00'50'25"E
15.00'
WATER
EASEMENT C
589'09'35"E
12.00'
S00'50'25"W
15.00'
N89'09'35"W p1
12.00' Op
JQ'~p5/p06
O~ PJ ~fi'1p00
TOO
G p 2
N00'50'25"E
15.00'
WATER
EASEMENT 8
0
rn
N
O
O
N00'50'25"E
15.00'
WATER
EASEMENT A
N89'09'35"W
12.00'
0
rn
N
g
N
Q
LO
BRASS MON.
IN STEEL CASE
SOUTH 1/4
CORNER
SECTION 36
589'09'35"E
12.00'
- S00'50'25"W
15.00'
N89'09'35"W
12.00'
m
M
W
N
O
O
O
Z
S89'09'35"E
12.00'
S00'50'25"W
15.00'
N89'00'35"W 468.3
Scale: FOB;
Horizontal 1 120' Vertical NA
18215 72ND AVENUE SOUTH
AG Bic. KENT, WA 98032
Pt ~(425)251-8222
(425)251-8782 FAX Title
CNIL ENGINEERING, LAND
PLANNING, SURVEYING,
~ENVIRONMENTAL SERVICES
PANATTONI
12153
Sheet
EXHIBIT 'P,'
Page 5/5
WATER
EASEMENT
1
1
of
0 60 120 240
Job Number
BASIS OF BEARINGS:
CITY OF AUBURN
LLA 05-0007
REC. NO. 20051117000306