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Home My WebLink About20091008000878 WATER AND SEWER EASEMENT 091108Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recordin¢ information. ~v WATER AND SEWER EASEMENT FAC08-0010 ~.JZa~I,IZ Reference # (if applicable): N/A Grantor/Borrower: Cox and Woodward, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE'/, SE % Sl8 -T21N-R5E Assessor's Tax Parcel ID#: 2149800275, 2149800276, 2149800277, 2149800278 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, Cox and Woodward, 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, Sanitary Sewer 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. c rt emu. # t,= t ~ Water and Sanitary Sewer Easement Page I of 5 1 t l till i i1SciJ .s x>car a Division m _n Deputy 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 or sewer 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 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, 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. Water and Sanitary Sewer Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this I ( day of mole, hr,Z , 2008. Au o fized Signature \ titi CZ ~t Signature Authorize STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that -JL NAA CAK o of w n-~ d is/are the persons who appeared before me, and said pefion ) acknowged that he/sheTthey signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the of Cox and Woodward LLC, a limited liability company, to be the act of such party for the uses and purposes mentioned in the instrument. Dated Cl / I I' O,p i :"y T R H Fr CC rygnoo..o•. /III, QF• ~1/4~`•,•. Notary PubUc_itl Residing at 1" My appointment HS/tlb File: # 1211 REF. H:\Development\Projects\Cox & Woodward Short Plat\FAC08-0010 Cox & Woodward\Legal Does Water and Sanitary Sewer Easement Page 3 of 5 EXHIBIT „A„ UTILITY EASEMENT BEGINNING AT THE NORTHWEST CORNER OF TRACT A, AUBURN SHORT PLAT NO. SPLO6-0005, AS RECORDED UNDER RECORDING NO. 20070517900005, RECORDS OF (SING COUNTY, WASHINGTON; THENCE S 00'33'40" W, ALONG THE WEST LINE OF SAID TRACT A, 3D2.41 FEET; THENCE S 89'26'20" E 1D.00 FEET; THENCE S 00'33'40" W 67.40 FEET TO THE SOUTH LINE OF SAID TRACT A; THENCE S 89'32'33" E ALONG THE SOUTH LINE OF SAID TRACT A, 15.00 FEET; THENCE N 00'33'40" E. PARALLEL WITH THE WEST LINE OF SAID TRACT A, 149.81 FEET; THENCE S 89'26'20° E 8.00 FEET; THENCE N 00'33'4D" E 10.00 FEET; THENCE N 89'26'20" W 8.00 FEET; THENCE N 00'33"40" E 210.02 FEET TO THE SOUTHERLY MARGIN OF 3RD STREET S.E.; THENCE ALONG SAID MARGIN, N 89'32'30" W 25.00 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF !SING, STATE OF WASHINGTON. UTILITY EASEMENT Na: Date: Design: .24-50 B/19/D8 RJF ,JJ HEDGES A Engineering & Consulting, Ina 913 Kincaid Avenue, Sumner, WA 98300 Water and Sanitary Sewer Easement Page 4 of 5 EMBIT "B" H®aIFa N.T.S. UTILITY EASEMENT roj No-: Dele: Design 007.24-50 8/19/08 RJF MARB6 "26'20'V IB➢'32'm ;89-M m IV33'40'E 99'26W'4 *9'32'"E 401, HEDGES R Engineerin9y & Consulting. Inc. 9}3 Kincoitl Avenue, Sumner, WA 98399 Water and Sanitary Sewer Easement Page 5 of 5 3rd Street SE