HomeMy WebLinkAbout20091008000875 STORM DRAINAGE EASEMENT 092109Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
STORM DRAINAGE EASEMENT (~'I
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77
Reference # (if applicable):
N/A
Grantors/Borrowers:
Robert W. Tobin and Giselle Baglione.
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Grantee/Assignee/Beneficiary:
City of Auburn
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Legal Description/STR:
Lot 4 Morning Crest Volume 116, p 4-5,
Section 11, Township 21 N, Range 4E
Assessor's Tax Parcel ID#:
Tax Parcel number 5647900040
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 Grantors herein, Robert W. Tobin and Giselle Baglione ("Grantors") hereby
convey and warrant to the City of Auburn ("Grantee"), 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 a stormwater line AND APPURTENANCES
THEREOF, said Easement Area being a portion of the above-designated Tax Parcel
("Parent Parcel"), and described as follows:
SEE EXHIBIT "A," 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.
Easement
Page I of 3
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Said Grantors 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,
Grantors 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 stormwater line facilities
and the surface level of the ground within the Easement Area shall be maintained at the
elevation as currently existing.
Said Grantors 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 Grantors 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 or sewer 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,
Grantors 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.
IN WITNESS WHEREOF, said corporation has caused this instrument to be
executed by its proper officer(s) this day of s2-w7- 12009.
Robert W. Tobin Date
Belle Baglione to
Easement
Page 2 of 3
STATE OF WASHINGTON )
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COUNTY OF -7 r67' )
I certify I.have know or have satisfactory evidence that Robert W. Tobin c^n"'t
/arr* the persona who appeared before me, and said p rsong acknowledged that
ned this instrument on oath and acknowledge it to be 4V` ftee and voluntary act
for the uses and purposes mentioned in the instrument.
Dated 9/i /09
r-0 NOTggy ~omt
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Notary Public in .W for the Sj*e of Washington
Residing at cGi I
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My appointment-expires- o9 o/t•
Easement
Page 3 of 3
STATE OF WASHINGTON )
) ss
COUNTY OF )
I certify I have know or have satisfactory evidence that Giselle Baglione is the person who
appeared before me, and said person acknowledged that they signed this instrument on oath
and acknowledge it to be their free and voluntary act for the uses and purposes mentioned
in the instrument.
Dated 09 -,900-1
CATHY C. NOWIAND
STM OF VOSHMIOM
Notary Publi in and for the State of Washington
Residing at Lc~4SGt%iIq FOvL
My appointment expires
Easement
Page 3 of 3
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EXHIBIT "A"
LEGAL DESCRIPTION FOR A 10' WIDE STORM DRAINAGE EASEMENT
LOT 4 OF THE PLAT OF MORNING CREST
That portion of the Northwest quarter of the Northeast quarter of Section 11, Township 21 North, Range 04
East of the Willamette Meridian, in King County, Washington, more fully described as follows;
The southerly 10 feet ( measured perpendicular to the south lot line) of lot 4 of the Plat of Morning Crest
as recorded in volume 116 of plats, page 4 and 5, recording number 8009240724, records of King County,
Washington.
This description contains an area of 1052 square feet, more or less.
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