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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