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HomeMy WebLinkAbout20100106000324 PUBLIC UTILITY EASEMENT 080509Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PUBLIC UTILITY EASEMENT FAC08-0025 Reference # (if applicable): N/A Grantor/Borrower: Auburn Regional Medical Center, Inc. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 'A S 13, T 21 N, R 4 E l / Assessor's Tax Parcel ID#: 0492000305 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 Regional Medical Center, Inc. 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 the service cabinet for the street lighting system 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. ~a T ~7 5 p~r~ o *k Mmemtt'"} Mrrr~ tAc<d icw 1 PEVUIRED ~A1 91° ° r'f 18 PVC 2, roc Public Utility Easement •t ' Page I of 5 _ / p 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 electrical 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 electrical 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. Public Utility Easement Page 2 of 5 IN WITNESS WHEREOF, each party has signed this Amendment as of the date first above written. GRANTOR: AUBURN REGIONAL MEDICAL CENTER, INC. a Washington corporation a By: Name: kyle a~lm Title: ~ S/C164 t/~¢nnSy/t(~~ STATE OF WANERRMN ) mtr)jq6Wnq ) ss. COUNTY OF; ) On this! day of 2009, before me personally appeared 6-00 rlhbY , to me known to bete . ¢ of AUBURN REGIONAL MEDICAL CENTER, INC., which executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OOMMOMNEALTti Of PENNSYLVANIA Notarial Seal Ca"n M. Vernot, NWenY P~ ouMY UAy CgMlMabn ?01 e Member. PennsyNfnle AeeoWe"n NOTARY PUBLI to and for the State of Residing at: hi Li Me A4-, L L My Commission Ex r' es Printed Name: l n M. C!Yl'I Public Utility Easement Page 3 of 5 EDGM T A PUBLIC UIUM BASSI EWr A PORTION OF LAND LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE _4 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL A OF THAT CITY OF AUBURN BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 20080911900016, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 00'08'55" EAST, ALONG THE WEST LINE THEREOF, 87.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'08'55" EAST, ALONG THE WEST LINE THEREOF, 14.23 FEET; THENCE NORTH 89'51'55" EAST 16.71 FEET; THENCE NORTH 00'08'55" WEST 14.23 FEET; THENCE SOUTH 89'51'55" WEST 16.71 FEET TO THE POINT OF BEGINNING. ~+'owecn FAX OM CE 259-404-0984 meurn"x umor - e"mmun um mroaxwmo suem Public Utility Easement Page 4 of 5 WaimrT B PUBLIC UIUM EASEMENT _ SB951'55"W _ 299.90' 2m snm Nw 58951'55"W ' 1 239.82' ~ 30 I W P.O.B. z 1 S89-5155"W 1s 7P 51 . PARCEL A z 2 PUBLIC UTILITY EASEMENT 16.71' N89'51'55"E N I CITY OF AUKW w 8 g BOUNDARY LINE AOIUSPMWF 09A *90 RBOORDING NO. 2DOW9000016 19 8f I r 1f 589'51'55°W i 239.38' GRAPHIC SCALE 60 0 30 o-i 1 inch = BC 4t. PARCEL B 30 _ N89'49'10"E _ Ig I$ Iz II 30' J ~I °z M - 239.03' NW e, 6IlT--- N89'49'10"E 29895' car 20 OFFICE 259-404-0989 FAX 255-404-0984 anueemx umm - eovvmvr um meooume eum JOB NO. 2008-086 Public Utility Easement Page 5 of 5