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HomeMy WebLinkAbout20090814001430 WATER EASEMENT 050809Return Address: City of Auburn City 25 West Main Auburn, WA 98001 III I II III I III II I II II III I IIII II II 20090814001430 PACIFIC NW TIT ERS 68.00 PAGE-001 OF 007 08/14/2009 12:16 KING COUNTY, WA Above this line reserved for recording infonnatigyt. i i WATER EASEMENT ~ FAC06-0013 ~-j _ ' V Reference # (if applicable): N/A Grantor/Borrower: Todd Duty Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW of SW of S32 - T2 IN - 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 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. Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. aya.s.4, uo: ,0kSt +J vtx'1 f .a r (ate MAR tilt tV .i lC~~tl ~ Easement . rprMa ,!+r.. Page 1 of 7 A 9 i 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. Easement Page 2 of 7 IN WITNESS WHEREOF, said corporation has caused '-~this y instrument to be executed by its proper officer(s) this 08 day of /41-A y ,Z V V V. d V~)Q~ Grantor Grantor STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that lim D 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 IVI~~ 09JTO fit/ Notary Public in and for the State of Washington rn ; ti~ m Residing at flmvc1; 0-0, y z . a = My appointment expires Zo 1 -z- 111 30 20"t ,i'h, wASHING~ HS/tlb File: #1089A REF: H:\Development\Project\Kersey Ill\FAC06-0013\L,egal Documents\2008 Easement Page 3 of 7 EXHIBIT "A" LEGAL DESCRIPTION WATER LINE EASEMENT Parcels 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; Parcel 1: COMMENCING at the South Section comer common to Section 31 and said Section 32; THENCE along said common Section line, North 01° 58' 17" East, a distance of 530.25 feet to the Southerly right-of-way of Evergreen Way S.E.; THENCE the next four courses along said Southerly right-of-way: North 55° 07' 37" 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 28° 15' 40", THENCE Southeasterly along the arc of said curve to the left, a distance of 336.64 feet to a point of tangency at the POINT OF BEGINNING; THENCE CONTINUING Southeasterly along said curve to the left, through a central angle of 01 ° 15' 33", a distance of 15.00 feet to a point hereinafter referred to as Point "A" to which a radial line bears South 25° 36'24" West; THENCE South 26° 14' 11" West, a distance of 17.50 feet; THENCE North 63° 45'49" West, a distance of 15.00 feet; THENCE North 26° 14' 11" East, a distance of 17.50 feet to the POINT OF BEGINNING. Parcel 2: COMMENCING at previously described Point "A", THENCE CONTINUING Southeasterly along the arc of said curve to the left and along said right-of-way, through a central angle of 24° 11'46', a distance of 288.23 feet to a point of tangency; THENCE along said right-of-way, South 88° 35'24" East, a distance of 68.69 feet to the POINT OF BEGINNING; THENCE CONTINUING South 88° 35' 24" East along said line, a distance of 15.00 feet to a point hereinafter referred to as Point "B°; THENCE South 01 ° 24'36" West, a distance of 17.50 feet; THENCE North 88° 35'24" West, a distance of 15.00 feet; THENCE North 01 ° 24'36" East, a distance of 17.50 feet to the POINT OF BEGINNING. Project Name: Kersey III June 19, 2007 Revised: February 4, 2008 Revised: October 2, 2008 WRWfjss 11394L.024.doc Exhibit: 11394EXH 14-WAT.dwg: EX01 Page 1 of 3 Easement Page 4 of 7 Parcel 3: COMMENCING at previously described Point "B"; THENCE CONTINUING along said right-of-way the next three courses: South 88° 35' 24" East, a distance of 131.81 feet to the beginning of a curve, concave Northerly, having a radius of 656.50 feet and a central angle of 37° 39' 59"; THENCE Easterly along the arc of said curve to the left, a distance of 431.58 feet to a point to which a radial line bears South 36° 15'23" East at the POINT OF BEGINNING; THENCE CONTINUING Northeasterly along said curve to the left, through a central angle of 01° 18' 33", a distance of 15.00 feet to a point to which a radial line bears South 37° 33' 56" East; THENCE South 36° 54' 39" East, a distance of 17.50 feet; THENCE South 53° 05' 21" West, a distance of 15.00 feet; THENCE North 36° 54'39" West, a distance of 17.50 feet to the POINT OF BEGINNING. Parcel 4: 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 660.66 feet to the Northerly right-of-way of Evergreen Way S.E.; THENCE the next three courses along said Northerly right-of-way: South 34° 52' 23" East, a distance of 113.65 feet to the beginning of a curve, concave Northeasterly, having a radius of 627.50 feet and a central angle of 53° 43' 01"; THENCE Southeasterly along the arc of said curve to the left, a distance of 588.30 feet to a point of tangency; THENCE South 88° 35'24" East, a distance of 68.69 feet to the POINT OF BEGINNING, THENCE North 01 ° 24' 36" East, a distance of 17.50 feet; THENCE South 88° 35' 24" East, a distance of 15.00 feet; THENCE South 01° 24' 36" West, a distance of 17.50 feet to said Southerly right-of-way and a point hereinafter referred to as Point "C"; THENCE along said right-of-way, North 88° 35' 24" West, a distance of 15.00 feet to the POINT OF BEGINNING. Project Name: Kersey III June 19, 2007 Revised: February 4, 2008 Revised: October 2, 2008 Page 2 of 3 WRWfiss 11394L.024.doc Exhibit, 11394EXH 14-WAT.dwg: EX01 Easement Page 5 of 7 Parcel 5 COMMENCING at previously described Point "C", THENCE CONTINUING along said right-of-way, South 88° 35' 24" East, a distance of 131.81 feet to the beginning of a curve, concave Northerly, having a radius of 601.50 feet and a central angle of 04° 28' 09'; THENCE Easterly along the arc of said curve to the left, a distance of 46.98 feet to a point to which a radial line bears South 03° 03' 53" East at the POINT OF BEGINNING; THENCE North 03° 12' 27" West, a distance of 17.50 feet; THENCE North 86° 12' 14" East, a distance of 15.00 feet; THENCE South 03° 12' 27" East, a distance of 17.50 feet to the beginning of a non-tangent curve, concave Northwesterly, having a radius of 601.50 feet and a central angle of 01' 25' 44", THENCE Southwesterly along the arc of said curve to the right, from which a tangent line bears South 85° 30' 23" West, a distance of 15.00 feet, to the POINT OF BEGINNING. Project Name: Kersey III June 19, 2007 Revised: February 4, 2008 Revised: October 2, 2008 WRWfjss 11394L.024.doc Exhibit: 11394 EXH 14-WAT. dwg: EX01 Page 3 of 3 Easement Page 6 of 7 M w EXHIBIT B 5y S a u *12, 27" 03 x r'p O 17.50 J N YW ~I " ~ .i ~ p ~ Ny qh N 3 M - 37°- ' - - - ---'-503'0353' (Rj w l co o 41 98 01 ~ N 1 DATE SIGNED N Z m 11.%4 O w S !g 'SZS" ~o ° 0 2yo% ~ Ar'92S 1 h~ Q' a" ~ O ba ~S!! 0 ~ N oy oghe I,y=^i h K~'L L {t,4Z.lOS N MI ~I (Wn O 5 j°o I I J f v ~ ao !e y ~ (Z h 1 ~ ' ..yr~ry$ q y h N ~ V ~ V . v,~ D9 M 5 i'I W yy2 I g ;.,~6 / o C.4 i yy r ? y WEST LINE OF SECTION 32 130.4 - 530.25' N01'58'1 7"E 660.66' Scale: For: Job Number Horizontal 1 130' Verticol NA KE R S E Y III 11394 18215 72ND AVENUE SOUTH ~q` l~ KENT. WA 88032 ~~4~' Sheet (425)251-6222 Title: _ (425)251-8762 FAX WATER LINE q~ CIVIL ENGINEERING, LAND PLANNING. SUA tr EINNG, EASEMENT EXHIBIT 1 1 c V at Desi n Drown NKr I hecked A r v Date 015-10-Of Easement Page 7 of 7