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HomeMy WebLinkAbout20100414001388 WATER EASEMENT 011910Return Address: I I City of Auburn II I I II I I II II I II I I I II II I III I I I I II City Clerk 25 West Main 20100414001388 Auburn, WA 98001 PACIFIC NU TIT EAS 67.00 PAGE-001 OF 006 04/14/2010 15:56 KING COUNTY, UA Above this line reserved for recordine information. WATER EASEMENT FAC08-0026 Reference # (if applicable): N/A _ upon N)e Grantor/Borrower: Gates, Gates & Gates Grantee/Assignee/Beneficiary: City of Auburn } Legal Description/STR: NE'/4NEV4S13-T21N-R4.E Assessor's Tax ParcelID#: 132104-9094 U~01 09 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, Gates, Gates & Gates 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. Easement Page I of 6 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 6 IN WITNESS WHEREOF the Grantors have executed these presents Dated this _ f ~ day of ~NA 4!9 2010. STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that w j%Ami • Gci eS is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Gen-e,,1 of 6a4-e-, lec d G12m~ a n Sl,.' a-~Mr, to be the free and voluntary ct of such party for the uses and purposes mentioned in this instrument. Dated - a-*1vQ rte. (9, ZD 1 U U L-) Notary Public in and for the State of Mshington Residing at i2not,--1301- A", U. c rut" a l V46iig--57y My appointment expires F-cb , Co Zc 1 HM/tlb File: # 1258 REF. H:/Development/Projects/Mohawk Plastics/Legal Does/2009 Easement Page 3 of 6 EXHIBIT "A" LEGAL DESCRIPTION OF PUBLIC WATERLINE EASEMENT #1 BEGINNING AT THE SOUTHEAST CORNER OF PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA-07-0008, AS RECORDED UNDER RECORDING NUMBER 20 070 9049 000 10, INKING COUNTY, WASHINGTON; THENCE ALONGTHE SOUTH LINE OF SAID PARCEL ANORTH 87° 48'29" WEST FOR 60.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 87' 48' 29" WEST FOR 70.00 FEET; THENCE NORTH 02° 11' 31" EAST FOR 24.00 FEET; THENCE SOUTH 870 49.29" EAST FOR 15.00 FEET; THENCE SOUTH 42° 34 45" EAST FOR 12.68 FEET; THENCE SOUTH 87° 48' 29" EAST FOR 45.50 FEET; THENCE SOUTH 000 00' 35" WEST FOR 15.01 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. ---I, "t.- `01 tauq Easement Page 4 of 6 LEGAL DESCRIPTION OF PUBLIC WATERLINE EASEMENT 42 BEGINNING AT THE SOUTHEAST CORNER OF PARCEL. A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA-07-0008, AS RECORDED UNDERRECORDINGNUMBER 20070904900010, INKING COUNTY, WASHINGTON; THENCE ALONGTHE SOUTH LINE OF SAID PARCEL ANORTH 870 48' 29" WEST FOR 60.04 FEET; THENCE NORTH 000 00' 35" EAST FOR 315.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 890 59'25" WEST FOR 15.00 FEET; THENCE NORTH 000 00'35" EAST FOR 15.00 FEET; THENCE SOUTH 890 59 25" EAST FOR 15.00 FEET; THENCE SOUTH 000 00' 35" WEST FOR 15.00 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. 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