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Home My WebLink About20100414001384 UTILITY EASEMENT 030210Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved J,., III III I 1111 11384 66.00 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 (n) uk6 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 Page 1 of 5 - 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 Page 2 of 5 111%.W 1A1 -'P QAK~ 6 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 Easement Page 3 of 5 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. nN Easement Page 4 of 5 EXHIBIT 'B' 1"=30' 1ST STREET N.E. S89'19'06'E 159.27' 22,68' 1 ~v ~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' JQ Jm Q s 0 a 0 m 0 0 M V SCALE: HORIZONTAL 1"=30' VERTICAL N/A GHgV 18215 72ND AVENUE SOUTH Q` S mP KENT, WA 98032 425)251-6222 O 425)251-8782 FAX CIVIL ENGINEERING, LAND PLANN, I RL E E NVRO NMEN A SERVICES For: JOB NUMBER CITY OF AUBURN 13147 Title: I SHEET UTILITY / j/ EASEMENT 1 1 Easement Page 5 0£5