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HomeMy WebLinkAbout20140421000186 BUNGALOW EASEMENT 2/5/2014-fifi ' D7 �A7 ((1 J 1 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 imiamazimm0ies KING COUNTY, Wp 76 Above this line reserved for recordine information. BUNGALOW EASEMENT FAC13 -0015 Reference # (if applicable): N/A Grantor /Borrower GATES, GATES & GATES, LLC Grantee /Assignee /Beneficiary City of Auburn Legal Description/STR. NEI/4- 13 -21 -04 Assessor's Tax ParcelID# 132104 -9095 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, 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 RAIL SPUR BUNGALOW 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. Easement Page I of 5 W 11A.4432CY FOk vA_LMiiY AND / ON �Ri;bi:yYA.34t;}fFil i >1'F?R�r,t>'AEs'..°Cnr. DOSE TAX NOT REQUPEO 16ing� Go. �Records DM,sll,on Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. 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 improvements 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 improvements. 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 0 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this _!5_W day of Fdl)"o ✓ 4 , 2014 LA -elf Zcl c " Author' ed Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that C I Lr' e c is the personwho appeared before me, and said personacknow edged that he /she ried this instrument on oath stated that he /she was authorized to execute the instrument and acknowledge as the J�e t— of GATES, GATES & GATES, LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated ` /"l l 14 • LLW L /4444 Notary Public in and for the late of Washington Residing at M, 11 e ✓ee ppointment expires PAULYNE MARIE VANDER SLOOT STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 05 -t &t5 MAR /tlb File: # 1350 Easement Page 3 of 5 CJ EXHIBIT A A RAILROAD SIGNAL EASEMENT OVER, UNDER AND ACROSS A PORTION OF LOT 4 OF AUBURN SHORT PLAT NO SP16- 79(REVISED). ACCORDING TO THE SHORT PLAT THEREOF RECORDED JULY 13, 1982 UNDER RECORDING NUMBER 8207130444, RECORDS OF KING COUNTY WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT THE CASED MONUMENT MARKING THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., TI IENCE N07° 01' 19 "W ALONG THE NORTH LINE OF SAID SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. FOR 619.43 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE CENTERLINE OF "A" STREET NW. 7 HENCE SOUTH 00 "29'58" EAST ALONG SAID CENTERLINE, A DISTANCE OF 69.98 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE, THENCE SOUTHERLY A DISTANCE OF 59.98 FEET ALONG THE CURVE CONCAVE TO THE EAS 1 HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 6 ^52'22 ", THENCE SOUTH 07 "2270" EAST TANGENT FROM SAID CURVE, A DISTANCE OF 204.66 FEET, THENCE LEAVING TI IE AFOREMENTIONED CENTERLINE OF "A" STREET NW, SOUTH 82 °37'40" WEST, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY MARGIN THEREOF AND THE CENTERLINE OF RAILROAD SPUR TRACKS ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 4, AND THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A CURVE CONCAVE TO TFIE SOUTHEAST HAVING A RADIUS OF 459.27 FEET AND A CENTRAL ANGLE OF 15 "45'04" AND BEING SUBTENDED BY A CHORD WI IICH BEARS SOUTH 63 "16'53" WEST 125.86 FEET THENCE WESTERLY AND SOUTI"IWESTERLY ALONG THE CENTERLINE OF SAID RAILROAD SPUR TRACKS AND SAID CURVE, BEING THE SOUTHERLY LINE OF SAID LOT 4, A UIS'I ANCE OF 126.26 FEET, THENCE NORTH 34'35'39" WEST' RADIAL TO SAID CURVE, A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A CURVE RADIAL TO SAID LINE: THENCE NORTHEASTERLY AND EASTERLY A DISTANCE OF 115.69 FEET ALONG SAID CURVE BEING 10 FEET NORTHERLY AND PARALLEL WITH SAID RAILROAD SPUR TRACKS AND THE SOUTHERLY LINE OF SAID LOT 4, AND CONCAVE TO l'HE SOUTHEAST HAVING A RADIUS OF 469.27 FEET AND A CENTRAL ANGLE OF 14 °07'32'; THENCE NORTH 07 °22'20" WEST, A DISTANCE OF 21 27 FEET, THENCE NOR "1 "H 82 "37'40" EAST, A DISTANCE OF 15.00 FEET TO 1'HE WES1'EHLY MARGIN OF "A" STREE "F NW, AND THE EASTERLY LINE OF SAID LOT 4: THENCE SOUTH 07 °22'20" EAST ALONG SAID WESTERLY MARGIN, A DISTANCE OF 28.24 FEE f TO THE TRUE POIN L OF BEGINNING AND THE TERMINUS OF TI IIS DESCRIPTION. CONTAINING 1581 SQUARE FEET MORE OR LESS. SITUATE IN TI IE COUNTY OF KING, STATE OF WASHINGTON Eascmcnt Pave 4 of 5 I t ViEST cRLY MARE N 'A" 5TREET Ni LOT 4 CITY OF AVJRN SP Ifi- i9R REC - 620119044 1 L5I CCNT[RIiNL ', FIAILROAD SPUR,Y Easement Page 5 of 5 �XHBIT B rri NORTH LINE 513- T71N -4E,A M. NE CORNER � 519- T]I \ -R4ENM Im 02 19'gl fi1y.43� O,AL-[D MONWCNT i J4 p. K BdSL' 0.= ECaRrIvG (aSiUNrOj _ _ �_ ^� \I, �I __— GENTERIfi'E 'A' ST. NW i LINE _ f}=A @IN5 DISTANCE L1 500'29'50 "G G3 ya' l2 SH2'37'40 -P 30.00 1 1.3 NU 35 39 "N 10.00' L4 1407'PP'20'N 21.27 , L5 M32'37 40 "G 15 00 L6 507 °22'20 "C 20 -24 I LURVE RADIUS DELTA AItG Cl 500.00' Fi'S272` _ 59 9 @' C2 559.2/' 15'45'04- 1219.2E �S !, I C3 463.27' :4'67'32' 115.69 rri I u � Im I I / i J4 p. K L T a n.e7 I SE coo 4 1_n- - �1. N.T.S IMA %WS