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Home My WebLink About20090814001435 WATER EASEMENT 060409Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for III 111111111 11435 66.00 information. WATER EASEMENT FAC08-0017 b~ v Reference # (if applicable): N/A Grantor/Borrower: Andrey Ivantsov and Nadva Ivantsov Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE %4 13-21-4 Assessor's Tax Parcel ID#: 132104-9046 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, Andrey Ivantsov and Nadva Ivantsov 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 an 8 inch 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. gale {4j w.;? .ext !ter x- On site Water Easement Page 1 of 5 SY. - (F'utY Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. 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. On site Water Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of J it,(i:-- 12009. STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that 4, P-F- ~i r,,,?+5L'v and n~ n-14h S n +:su'f are the persons who appe ed before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated (0/`I /0, s O ~OfAAN "m"A 9 1 ~it,ij OF\WASta~C~` j Notary Pub is in and for Residing at t c.,, My appointment expires MAB/tib File: # 1234 REF. \DEVELOPMENT\Projects\Marvel Food & Deli\FAC08-0017 - Marvel Food & Deli - #1234\ Legal Documents\On-site Water Easement 2009.doc On site Water Easement Page 3 of 5 ,Jla O er's Signature Date EXHIBIT 'A' A 15' WIDE STRIP OF LAND, LUNG 7.5' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED ON EXHIBIT 'A' OF STATUTORY WARRANTY DEED UNDER KING COUNTY RECORDING NO. 20071130002606; THENCE N01'20'10'E 102.74' ALONG THE WEST LINE THEREOF TO THE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; THENCE S88'22'50'E 28.63; THENCE SOI'37'10'W 85.82' TO A POINT 'A; THENCE CONTINUE SOt'37'10'W, 9.95' TO A POINT BEING 7.5' NORTH OF THE SOUTH LINE OF SAID PARCEL, AS MEASURED AT RIGHT ANGLES; THENCE PARALLEL WITH SAID SOUTH UNF, SB717-13-E 333.97 TO A POINT ON THE WEST LINE OF 'C' STREET S.W. AND THE TERMINUS OF THIS CENTERUNE DESCRIPTION. THE SIDELINES THEREOF BEING SHORTENED OR LENGTHENED TO THE ENDLINES THEREOF. ALSO BEGINNING AT THE AFOREMENTIONED POINT 'A'; THENCE N8875'09'W 13.50' TO THE TERMINUS OF THIS CENTERUNE DESCRIPTION. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. G - 2~s PARCEL R0,1, ,1' 21 b49046 Job ~t 5547 RII 0 -o J~ LAAID 11 J 10305 Canyon Rd. E. Puyallup, WA 98373 (253)845-0048 Scale: N/A, ' Date: 5-29-2009. Drawn by. JHC Checked by. AER JR. Drawing name: 5547EASE-Wl Field Book: 361 Sheet of On site Water Easement Page 4 of 5 T_ „C" St SW N 0 N J 0 d n " O N C) r O m Z O W W v Lf) C) F: l P.O.B. Y EXHIBIT 'B' SO'58'57"E NO'58'57"W 34.50 + SO'58'57"E 1 r 4 V M.'. M M W WI.' r n N I~. Z5'-1::1; 15' WATER EASEMENT- r: POINT "A° S8822'50"E 28.63' E i 51'37'10"W 85.82.. . . . • . N1'20'10°E 119.43'. 102.74' -N88'22'50°W 24.03' WATER AND SANITARY SEWER EASEMENT PER RECORDING NO. 20080328002409 ao -S; cn V) t 00 1" = 50' :.r 0 25 50 100 BASIS OF BEARINGS: KING COUNTY R.O.S. 9212099007 9.95' VW 13.50' `Z--09 PARCEL NO. 1321049046 Job 5547 ~1 I P / , I JJ 1jy JJ 111 z 46 10305 Canyon Rd. E. a/STE° Puyallup, WA 98373 \HAl LAND SJ (253)845-0048 Scale: l" = 50' Date: 6-2-2009 Drawn by. JHC Checked by. AER JR. Drawing name: 5547EASE-Wl Field Book: 361 Sheet of