HomeMy WebLinkAbout20071107002001 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
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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.
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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.
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POINT E
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O
S89'09'35"E
42.50'
in 'n
N
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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
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Title
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(425)251-8782
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$ 5
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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