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Home My WebLink About20071107002001 WATER EASEMENT 103007t Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. t~4)TAPI-001 GL' WATER EASEMENT FAC06-0031 ~m k5 Reference # Grantor/Borrower: A Auburn Park 44 PG, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: A Portion of 36-22N-4E Assessor's Tax ParcelID#: 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. Said dpO{at W t(a) wale ftfed for raped by Pacific Nm#waat 1111e a6 avows wdaticn only. it has not been a Eeralnad ar. to oW exagaton or Easement Page 1 of 5 as to it5 affect upon title. v. 4f4 l e ^e~~2~y4ta~/2F~GY 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 k-91" day of oc %oNQQ-r- 2007. STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that ~5~-h k cK 0-y in (1 p- 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 of of {}wl) titiN C ns ``!y Pc' , LLC 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 /3 C) / t) Or+QG, ^ 111 '~ON EYp`•C;~ 141 x1b A -Z?o`r~ol AR Y Fin : 1 z L ~7 :o v ®G Z Notary Public in and for the Sfate of W shington Pt16\'W t rz Residing at ~ts ticG ~t f My appointment expires l /174o y IG/tlb File: 41088B REF: H:\Development\Projects\Panattoni 44`h ST Warehouse\FAC06-003 ITegal Documents\2007 Easement Page 3 of 5 LEGAL DESCRIPTION WATER EASEMENT A 15-foot-wide water easement over a portion of the Southeast quarter of the Southwest quarter of Section 36, Township 22 North, Range 4 East of the Willamette Meridian, being 7.50 feet on each side of the following described centerline: 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 50.86 feet to the TRUE POINT OF BEGINNING; THENCE South 89° 10'49" East, a distance of 22.95 feet to Point "A"; THENCE CONTINUING South 89" 10'49" East, a distance of 242.55 feet; THENCE North 44° 58' 47" East, a distance of 51.07 feet to Point "B"; THENCE CONTINUING North 44° 58'47" East, a distance of 42.57 feet; THENCE North 00" 50' 25" East, a distance of 189.97 feet to Point "C"; THENCE CONTINUING North 00° 50'25" East, a distance of 37.57 feet to Point" D"; THENCE CONTINUING North 00" 50'25" East, a distance of 292.50 feet to Point "E"; THENCE CONTINUING North 00° 50'25" East, a distance of 363.84 feet to the North line of City of Auburn Lot Line Adjustment No. 05-0007, as recorded under King County Recording No. 20051117000306, and the terminus of this description. Situate in the County of King, State of Washington. TOGETHER WITH the following 15-foot-wide water easement, being 7.50 feet on each side of the following described centerline: BEGINNING at the aforementioned Point "A"; THENCE South 00° 50' 25" West, a distance of 32.50 feet to the terminus of this described line. Situate in the County of King, State of Washington. TOGETHER WITH the following 15-foot-wide water easement, being 7.50 feet on each side of the following described centerline: BEGINNING at the aforementioned Point "B"; THENCE South 45" 01' 13" East, a distance of 14.50 feet to the terminus of this described line. Situate in the County of King, State of Washington. Project Name: Auburn Park 44 October 25, 2007 Revised: October 25, 2007 Page 1 of 2 DJS/jss 12153L.003.doc Exhibit: 12153EX5.dwg Page 4 of 5 EXHIBIT 'A' TOGETHER WITH the following 20-foot-wide water easement, being 10.00 feet on each side of the following described centerline: BEGINNING at the aforementioned Point "C"; THENCE North 89° 09' 35" West, a distance of 17.50 feet to the terminus of this described line. Situate in the County of King, State of Washington. TOGETHER WITH the following 15-foot-wide water easement, being 7.50 feet on each side of the following described centerline: BEGINNING at the aforementioned Point "D"; THENCE South 89° 09' 35" East, a distance of 42.50 feet to the terminus of this described line. Situate in the County of King, State of Washington. TOGETHER WITH the following 15-foot-wide water easement, being 7.50 feet on each side of the following described centerline: BEGINNING at the aforementioned Point "E"; THENCE South 89° 09' 35" East, a distance of 42.50 feet to the terminus of this described line. Situate in the County of King, State of Washington Project Name: Auburn Park 44 October 25, 2007 Revised: October 25, 2007 Page 2 of 2 DJS/jss 12153L.003.doc Exhibit: 12153EX5.dwg Page 4 Continued of 5 EXHIBIT 'A' Continued 44TH 87FEET KW. S89'00'35"E 421. 1 0 ~ P~,~,fi~ooo G\~ PQ~Ji o~~ \,QIle POINT E rn N O O S89'09'35"E 42.50' in 'n N O Ln b 0 N N00'50'25"37.57POINT C POINT D t5,- SBT09'35"17.50' N44*58'47"E TPOB N00'50'25"E 50.86' 42.57' S89'1 0'49"E POINT B - 22.95' r- POINT A N44'58'47"E,,, 51.07' N00'50'25"E S45'01'13"E 32.50' 14.50' Tr120' BASIS OF BEARINGS: CITY OF AUBURN LLA 05-0007 REC. NO. 20051117000306 Scole: For: Horizonlol 1 120' Ver6col NA Q~6Hq 18215 72ND AVENUE SOUTH WA 98032 KENT P , (425)251-6222 m FA Title o (425)251-8782 X $ 5 n CIVIL ENGINEERING, LAND SURVEYING PLANNING 4'GENG~ , , ENVIRONMENTAL SERVICES BRASS MON. IN STEEL CASE SOUTH 1/4 CORNER SECTION 36 14' 0 60 120 240 1 W0\01 Job Number PANATTONI 12153 Sheet EXHIBIT 'B' Page 5/5 WATER EASEMENT 1 1