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Home My WebLink About20120829000785 WATER EASEMENT 08/10/2012A A .RJcAv TI � - -5)-A �p �, oy(7o8) Return Address: City of II I I III II I III I I II I II II II III III I II 25 West MaUn Auburn, WA 98001 20120829000785 FIRST AMERICAN ERS 66 00 PAGE -001 OF 005 08/29/2012 It 03 KING COUNTY. UA Above this line reserved for recording information. WATER EASEMENT Project Number C207A — A Street NW Extension Reference 9 (if applicable): Gramor/Borrower Grantee/Assignee/Beneficiary- Legal Description /STR. Assessor's Tax Parcel IDN- Levan NW Real Estate Holdings, LLC, a Delaware limited liability company City of Auburn, a municipal corporation of the State of Washington Lots 8 -10, Block A, L.W Ballard's Add. to Slaughter, Vol. 3, pg. 91 and Pm. NE NE 13.21- 04 1321049037 -04 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, Levan NW Real Estate Holdings, LLC, a Delaware limited liability company, 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 FIRE HYDRANTS 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 'PHIS REFERENCE MADE A PART HEREOF. This easement is given under the imminent threat of the exercise of Eminent Domain per WAC No. 458 -61 A- 206(1). 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, Water Easement Page 1 of EXCISE TAX NOT REQUIRED KingAun Records DMsion BY' Deputy 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. 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 otter 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 corporation has caused this instrument to be executed by its proper officer(s) this 10,f, day of „c 12012. Authorized Signature STATE OF CaAVOP -uIp ) ss COUNTY OF ) Los />w?cueS I certify I have know or have satisfactor evidence that STt✓ ✓U" /= 61✓UFrT14 L� V X1.1 is' re the person(s) who appeared before me, and said person acknowledged that she/they- signed this instrument on oath stated that ie she/they as/ ere authorized o execute the instrument and acknowledge as the i1IPNAL,! /4frM A-- of LEVAN NW REAL ESTATE HOLDINGS, LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and put-poses mentioned in the instrument. Dated /0 20 /Z ti"UU dAw N NOES ��A>ZPD 4w�rd_ tip if'rI Cwwdw n 0 11180/20 Notary Public in and for the State of CAC 1f-012 -NIA ft" Poft - Caumn ft Residing at 120?0 tx-vruR+� Bwa Twotb Los Anpft Co" My appointment expires "-;-v,ve 1,2-0/6 My Comm, dun 1.2018 Water Easement Page 3 of 5 EXHIBIT "A" New Water Easement for Fire Hydrant and Appurtenances Parcel 1321049037 A portion of Tract "X" located in Section 13, Township 21 North, Range 4 East, W.M., City of Auburn, King County, Washington as described in Water Easement recorded under Recording Number 20110309000280, records of King County, Washington, said portion more particularly described as follows: That portion of said Tract "X" lying within the following described line: Beginning at a point opposite Engineers Station 14 +09.76 on the "A" Street Northwest construction centerline as shown on the City of Auburn "A" Street Northwest Extension Right of Way Plans approved 4/21/2010 and recorded under King County Recording Number 20101206900009, records of King County, Washington, and 30.00 feet westerly, measured at right angles therefrom; Thence westerly to a point opposite Engineers Station 14 +09.76 on said centerline and 42.50 feet westerly therefrom; Thence northerly to a point opposite Engineers Station 14 +24.76 on said centerline and 42.50 feet westerly therefrom; Thence easterly to a point opposite Engineers Station 14 +24.76 on said centerline and 30.00 feet westerly therefrom; Thence southerly to the point of beginning and the terminus of this line. 0gTR. z � � 0:\SURVEY\ PROJECTS \C207AQ0606AstreetNW\Legals \Levan NW ROW Ded &Easements \New Water ESmtdoa 07/10/2012 W WU M JJ a �z 0 S N zp M S -- Q 4 O STA 14 +24.76, 30.01T STA 14+2476. 42.5' LT � NEW WATER EASEMENT CREATED BY THIS DOCUMENT STA 14 +09.76, 42.5'LT- STA 14 +09.76, 30.017 STA 13 +72.93, 30.01T STA 13 +72.79, 42.51T- Portion of Water Esmt 20110309000280 being released by separate — document STA 13 +57.80, 42.51T--� STA 13 +57.93, 30.0'LT I 0 + N I rr^^ v! E`o Ln N of zl 0 io IN 0 o: z �J CC v Z 0 0 z z 10 of +t M 12+88.87 T 3 0 L 01 Er a W � }'0 � ZU N O 0 O S 0 z x EL S z 0 1 " =30' 0. \5URVEY \PROJECTS \C207AD A ST NW \Legola \Levan NW ROW Ded h Eos enh\ CITY OF s" . CITY OF AUBURN EXHIBIT "B" PUBLIC WORKS DEPARTMENT aA" STREET NW PROJECT C207A0 WASHINGTON 25 WEST MAIN - AUBURN, WA NEW WATER EASEMENT DATE: 7/10/2012 ON LEVAN NW PARCEL