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Home My WebLink About20090814001425 WATER, SANITARY SEWER, STORM DRAINAGE EASEMENT 050809Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for 'lilfllll6l 14001425 AS 56.00 information. WATER, SANITARY SEWER, STORM DRAINAGE EASEMENT FAC06-0013 l~ ( Lk~ ~J7a~a2 Reference # (if applicable): N/A Grantor/Borrower: Todd Duty Grantee/Assignee/Beneficiary: City of Auburn EegalDescription/STR: SW of SW % of S32 - T21N - R05E Assessor's Tax Parcel ID#: 3221059011, 3221059030, 3221059037 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, Todd Duty 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 storm drainage, water main, and sanitary sewer lines 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. !S'1't 1.1SUly+K9ig, wr r1q FAQ _r. a Easement Page I of 5 F2 Bcai..; C ®~uty 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 storm, 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 storm, 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. Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 09 day of 111/4 y 240V !D d~9 Grantor Grantor STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that -j-rw X ~ and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/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 t k 1 1 ZOe~ `~ENE Ord Notary Public in and for the State of Washington , ~ a = Residing at ,FrCV-C4✓ am. N q s s My appointment expires /f~ 3o,2zjl2 ~'4 sE ,ry = O - 1OP AS --71 HS/tlb File: #1089A REF: H:\DevelopmentTroject\Kersey III\FAC06-0013\Legal Documents\2008 Easement Page 3 of 5 EXHIBIT "A" LEGAL DESCRIPTION 10-FOOT FRANCHISE UTILITY EASEMENT A parcel of land lying within the Southwest quarter of the Southwest quarter of Section 32, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington; COMMENCING at the South Section corner common to Section 31 and said Section 32; THENCE along said common Section line, North 01 ° 58' 17" East, a distance of 517.76 feet to the POINT OF BEGINNING; THENCE CONTINUING North 01° 58' 17" East along said line, a distance of 12.50 feet to the Southerly right-of-way of Evergreen Way S.E.; THENCE the next six courses along said Southerly right-of-way: North 55° 07' 33" East, a distance of 23.20 feet; THENCE South 34° 52' 23" East, a distance of 9.28 feet to the beginning of a curve, concave Northeasterly, having a radius of 682.50 feet and a central angle of 53° 43' 01", THENCE Southeasterly along the arc of said curve to the left, a distance of 639.87 feet to a point of tangency; THENCE South 88° 35' 24" East, a distance of 215.50 feet to the beginning of a curve, concave Northwesterly, having a radius of 656.50 feet and a central angle of 51 ° 53' 04"; THENCE Northeasterly along the arc of said curve to the left, a distance of 594.50 feet to a point of tangency; THENCE North 39° 31' 32" East, a distance of 28.72 feet to the East line of said Southwest quarter of the Southwest quarter; THENCE along said East line, South 01° 28'34" West, a distance of 16.22 feet, THENCE South 39° 31' 32" West, a distance of 15.95 feet to the beginning of a curve, concave Northwesterly, having a radius of 666.50 feet and a central angle of 51° 53' 04"; THENCE Southwesterly along the are of said curve to the right, a distance of 603.55 feet to a point of tangency; THENCE North 88° 35' 24" West, a distance of 215.50 feet to the beginning of a curve, concave Northeasterly, having a radius of 692.50 feet and a central angle of 53° 39' 28", THENCE Northwesterly along the arc of said curve to the right, a distance of 648.53 feet to a point to which a radial line bears South 55° 04'04" West; THENCE South 55° 07'37" West, a distance of 20.69 feet to the POINT OF BEGINNING. Containing 15,077 square feet or 0.35 acres, more or less. Project Name: Kersey III October 17, 2006 Revised: June 28, 2007 Revised: October 2, 2008 WRWlss 11394L.010.doc Exhibit: 11394EXH04-UTL. dwg: EX02 Easement Page 4 of 5 EXHIBIT B N LINE TABLE L7 N01'58'17"E 12.50' L8 N55'07'33° 23.20' L9 S3,1 52'23"E 9.28' L10 N39'31'32°E 28.72' Lit SO1'28'34'W 16.22' L12 S39' 1'32'W 15.95' L13 S55'07'37W 2.69' WEST UNE OF SECTION 32 W co a W3 W >W W SECTION 32 0 1298 a rsit S~@ L pWO iq nl ~i ) w N 0 w z ' LI N01'58'17"E 517.76' N w n n ~ 1 w cc~~ m 52 p V Z Scale: For. Job Number Horizontal 1 200' Vertical NA KERSEY III 11394 I HpU V NUE SOUTH 18215 72ND DIVISION III S WA 3 (425)251-6222 2 Sheet _ (425)251-8782 FAX Title: V 10' FRANCHISE UTILITY CIVIL ENGINEERING, LAND 41G ro R G, SUR SE EASEMENT EXHIBIT 1 1 m EN ON RVICES of n,..W.. SR rh.,c.a W n.....,, W . 10_1 _nR Easement Page 5 of 5