HomeMy WebLinkAbout20100414001384 UTILITY EASEMENT 030210Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved
J,.,
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11384
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information.
UTILITY EASEMENT
FAC08-0021
Reference # (if applicable): N/A \ ` MCA
Grantor/Borrower: Auburn Professional Plaza, LLC %-1 Grantee/AssigneeBeneficiary: City of Auburn
Legal Description/STR: SW '/4 NW 1/4 S 18 - T21N - R5E
Assessor's Tax Parcel ID#: 049200-0610
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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, Auburn Professional Plaza, 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 (`Basement Area") for the
purpose of laying, maintaining, and installing telecommunication and illumination
conduits 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.
Easement
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S3 ,:o r
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 utility 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 utility 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
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IN WITNESS WHEREOF, said cefper 4@et 'a as caused this instrument to be executed by
its proper officer(s) this ~ day of ~j 2010.
A46W PPjr@-3j61YAt- Pth?, 4'r'-
/-,..1.1
G(Zntor
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that J e~ ` y C' 1' h'+Q I
is the person who appeared before me, and said erso acknowledged that he
signed this instrument on oath stated that he was authorized to execute the instrument and
acknowledge as the 21Ls ; 6 En t of 1yk. l- ti N ~i 2 -)emu a.,.J
l L LC a limited liability company, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated plo-g-eh C), 4cir
~Ftl L. eq'
~9.t1 2
Notary Public in and for
Residing at 1 l k vN e
My appointment expires
of W.
HS/tlb
File: #1245
REF: H:\DevelopmenEProjects\Auburn Professional Plaza\FAC08-0021 Auburn Professional Plaza TLegal Documents\2010
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EXHIBIT "A"
LEGAL DESCRIPTION
UTILITY EASEMENT
That portion of Lot 2, City of Auburn Boundary Line Adjustment No. BLA08-0019, recorded under
recording No. 20091124900003, records of King County, Washington, being a portion of the
Southwest quarter of the Northwest quarter of Section 18, Township 21 North, Range 5 East,
Willamette Meridian, more particularly described as follows:
BEGINNING at the Northeast corner of said Lot 2;
THENCE South 20° 09' 15" West, 86.53 feet along the Easterly line of said Lot 2;
THENCE North 66° 43' 03" West, 2.00 feet to a line 2.00 feet from and running parallel with said
East line;
THENCE North 20° 09' 15" East, 50.88 feet along said parallel line;
THENCE North 69° 14' 17" West, 9.15 feet;
THENCE North 00° 00' 00" West, 29.71 feet to the North line of said Lot 2;
THENCE South 89° 19'06" East, 22.68 feet along said North line to the POINT OF BEGINNING.
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EXHIBIT 'B'
1"=30'
1ST STREET N.E.
S89'19'06'E 159.27'
22,68' 1
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~9
N69'14'17"W 7
~OvypaR LOT 2 9.15'
o~ cy
800 1 ~Ag00003
RFC'
N66'43'03"W Q
N89'04'21'W 127.59' 2.00'
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18215 72ND AVENUE SOUTH
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KENT, WA 98032
425)251-6222
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425)251-8782 FAX
CIVIL ENGINEERING, LAND
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SERVICES
For: JOB NUMBER
CITY OF AUBURN 13147
Title: I SHEET
UTILITY / j/
EASEMENT 1 1
Easement
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