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HomeMy WebLinkAbout20100923000796 WATER EASEMENT 092310 Return Address: City of Auburn City Clerk � 25 West Main ii ii ii il' iv ii Auburn,WA 98001 0 1 1 ii III HI! 10 20100923000796 PACIFIC NW TIT EAS 66.00 PAGE-001 OF 005 09/23/2010 14:07 KING COUNTY, WA Above this line reserved for recording information. PACiflC NOP l H'IN i=- ; WATER EASEMENT I FAC07-0013 W 0b Li ' 2/,696. Reference#(if applicable):. N/A Grantor/Borrower: `1' STREET PARTNERS LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 1/4 S7—T21N—R5E Assessor's Tax Parcel ID#: 512540-0225 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, `I' STREET PARTNERS, 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 ("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. Water Easement Page 1 of 5 EXCISE 'TAX NOT REQUIRED King Co. Recrbrds By . - , .._...,, Deputy 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. Water Easement Page 2 of 5 IN WITNESS WHEREOF, said corporaf on has caused this instrument to be executed by its proper officer(s)this 20 day of A , 2010. f orized Signature Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that it �- 'fi ' K is/are the person who appeared before me, and said person acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the CV- I A, e-a y 1 6- r of tyy_r iLa 1.L LB a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. t Dated g l`)C //C� v. BNp , ; & c��ss'o"� r f R� ,'_ c4 0 1- .1- . V cA '% Aos4� - ZO =Notary Public in-and for the Stall, of Washington zzi 9 Sa 1`18�.�-`,�C� = Residing at ) �_Q �, Cr: Lc C, ��4 "111OFW PST.My appointment expires '11 ` KT/tlb File: # 1161 REF: H:\Development\Projects\Legend-`I' Street Improvements\FAC07-0013 Legend Town Homes\Legal Doc.\2010 Water Easement Page 3 of 5 EXHIBIT "A" WATER EASEMENT LEGAL LOT 45 AND 46 TOGETHER W1111 LOT 47, BLOCK 1 OF IIIE PLAT OF MAPI.EWOOD ADDITION TO THE CH'Y OF Al MIRN AS RECORDED IN VOL. 1701 PL,ATS. PAGE 98. RECORDS OF KING CO1IN FY. WASI IING I ON. COMMENCING Al II IL S01;El ILAS I CORNER OF T111. ABOVE DESCRIBED PARCEL; THENCE NOR1 II 0020'17" WEST ALONG 1 I IF WES 1 MARGIN OF —1— S EREEI N.E.„A DISTANCE 0I: 34.24 FEE:1' -1-0 fill- POINT OF BEGINNING: FHENCE LEAVING SAID WES I MARGIN 5011 1 11 89'58'28" WES I, A DIS I ANCE OF 0.47 FEET: 1 11ENCE SMITH 445828" WEST, A DISTANCE OF 17,25 FETE: 1 1 1ENCE SOI.1 Ft I 89'5828" WEST, A IASI ANC'', 01 20730 FEET TO THE WEST LNE OF TI1E ABOVE DESCRIBED PARCEL: 11 IENCE NORTII 002003" WEST ALONG SAID WES 1 EINE, A DISTANCE OF 4E57 FEET: THENCE NORTH H 89'-5828" EAST. A DIS 1 ANCE OF 10,00 FEL E. I IIENCE SOU 11! 00'20'03" EAST. A DISTANCE 01:26.57 FEEI: THENCE NOR EH 89'5828" FAS F. A DISTANCE 01- 191,17 FEE:E: EHENCE NORTH 44c58'28" LAS!, A DIS1ANCE 01 14.14 FEET: THENCE NORTH 89'5828" EAS I, A 1)15 1 AN( L OE 8.81 FEFT"f0 SAID WES r MARGIN OF-I— SERIE E NORTHEAS I : 1'III NCE SOU 111 00204 17" EAST ALONG SAID WES] MARGIN. A DISTANCE OF 12801111 To THE POINT OF BEGINNING AND TI IF END OF TI IN DESCRIPTION. , TIIE BASIS OE BEARINGS 1 OR 1 HIS DESCRIP HON ISAI-4,40140-01. . SURVEY HEED IN BOOK 218 OF SIIRVEYS AI PAGE-.147 + RECORDING NO. 20070214900003. RECORDS OF 1M (4)1Ifil "11.54. - WASIIINGTON. deo ty s' 7111, 1111 ' cs 01/4 ji Water Easement Page 4 of 5 EXHIBIT "B" offe.. leNATER LINE EASEMENT NE 1/4 OP ME NA 1/4 O , SEC. 1, 7 21 N, R E. (NOT TO SCALE) .. _ 0-.- -, 20 30.00' • A, i- X 4 7 'U FARCE_ #5125400255 •••i ILI tri 4,, 1 _Au . 44 , , ... . 46 4t1. L6 1- i L 1 A ,C,,,Ei... #5125400225 Cl) i 1 L8 N.,f511 L2 7 T . L4 -.114 ; 4 5 ril4 r‘CVS.ii NVI)A3i 41 ' w 0 -- ------ --- 10 )--,,,AP,, ov rS - - -- ---- ' - -- ---- -- -, - -- CS le'`'' ...., ,t a .4, ,,, LINE BEARIINIS L215TANGE 11 -4466°20`IV^ 54.24' 01 0 1P141°. L2 SEA S5'25"1"4 OAT LB 54455'2 % 11.25 -. , L4 55-V55'25"IN 20-1 SC' ? 515 I ; 1.5 NOV 200V lei' 44,51' „ . . 1. " ., I '..' I6 te,:i°55'20''E; 10.00' 500'200B"E' ... 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