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Home My WebLink About20110309000280 WATER EASEMENT 01/04/2011,. Above this line reserved for recording information. WATER EASEMENT Project Number C207A — A Street NW Extension TITLE Reference # (if applicable): og6o8� Grantor/Borrower: Levan N.W Real Estate Holdings, LLC, a Delaware limited liability company Return Address: City of Auburn, City of a municipal corporation of the State of Washington Legal Description /STR. Lots 8 -10, Block A, L. W Ballard's Add. to Slaughter, Vol. 3, pg. 91 and Pro. NE NE 13 -21- 04 Assessor's Tax ParcelID# 1321049037 -04 25 West Main VIII VIII IIII VIII VIII IIII VIII 0111:111111 II IIIVIIIIIIIiIII Auburn, WA 98001 20110309000280 PACIFIC NW TIT EAS 69 00 PAGE -001 OF 008 03/09/2011 11 34 KING COUNTY, WA Above this line reserved for recording information. WATER EASEMENT Project Number C207A — A Street NW Extension TITLE Reference # (if applicable): N/A Grantor/Borrower: Levan N.W Real Estate Holdings, LLC, a Delaware limited liability company Grantee /Assignee/Beneficiary- City of Auburn, a municipal corporation of the State of Washington Legal Description /STR. Lots 8 -10, Block A, L. W Ballard's Add. to Slaughter, Vol. 3, pg. 91 and Pro. NE NE 13 -21- 04 Assessor's Tax ParcelID# 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 N W 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 EXHIBIT `A', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF This easement is given under the imminent threat of the exercise of Eminent Domain per WAC No. 458-61A-206(l). 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, Easement Page I of 3 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 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 3 IN WITNESS WHEREO grid torpor tion has caused this instruct to be executed by its proper officer(s) this1 day ofe�l @• � \ STATE OFQ��jj COUNTY OFLky/,) ss I certify I have know or have sati LLC, a Det* e are limited li: party for the ses and purpos Dated 11141rO CCHERIE�p CLAIM commission l 1761670 Nobly PUDIM • Colllomia •~ Los Angalm County M/COrrm E�ipBeAtp 1,2011 Easement Page 3 of 3 Auth rized lgna e Authorized Signature 5 y evidence that %e)1i•P � K - 4are the person(s) who appeared before me, and Yshe/they signed this instrument on oath stated that execute the instrument and acknowledge as the of LEVAN N.W. REAL ESTATE HOLDINGS, company, to be the free and voluntary act of such >ned in the instrument. EXHIBIT "A" PAGE 1 OF S _- APPRDX LOCATION OF EASEMENT TO CITY FOR CONSTRUCTION OF STORM SEWER (RECORD NO 4395718) o �I —_1 .-42' TE ECOMMUNICATION EASEMENT ' (RECORD NO. 4851981) I 1 I 30' ACCESS EASEMENT (RECORD NO. 20040408001615) APPROXIMATE LOCATION I - -- - OF (RECORD N0. 4316618) - - -- - -- - - - -- _ I- -� - - -- - - z LEGEND KING COUNTY PARCEL NUMBER PROPOSED R/W TAKE PROPERTY LINES — - — CONSTRUCTION c -- - -- EXISTING EASEMENT - - - PROPOSED PERM. EASEMENT PROPOSED TEMP CONST. EASEMENT 0 1D0 SCALE IN FEET EXISTING EASEMENTS SEC. 13 T21N R4E W.M. TOTAL AREA 238,450 SF TEMPORARY CONSTRUCTION F'Ank ML IOZIV9ttvzl R/W TAKE AREA: 42,194 SF ESMT. AREA 3,986 SF REMAINDER AREA 196.256 SF A STREET NW EXTENSION PERMANENT ESMT. AREA 2,393 SF RIGHT OF WAY 1311b49097 I STORM DRAIN EASEMENT I W D- (NO WIDTH GIVEN) LEVAN NW REAL ESTATE HOLDNGIS LLC I I In 10' WIDE EASEMENT FOR ' i UNDERGROUND ELECTRICAL I (RECORD NO. 8210080354) - -� .�- 16' RAILROAD EASEMENT ( SHOWN ON fS5E5SOR MAP (NOT FROM RECORD) / L Li _ o0 / ^ 3RD STREET NW •a• STREET NW CONSTRUCTION CENTERLINE LEGEND KING COUNTY PARCEL NUMBER PROPOSED R/W TAKE PROPERTY LINES — - — CONSTRUCTION c -- - -- EXISTING EASEMENT - - - PROPOSED PERM. EASEMENT PROPOSED TEMP CONST. EASEMENT 0 1D0 SCALE IN FEET EXISTING EASEMENTS SEC. 13 T21N R4E W.M. TOTAL AREA 238,450 SF TEMPORARY CONSTRUCTION F'Ank ML IOZIV9ttvzl R/W TAKE AREA: 42,194 SF ESMT. AREA 3,986 SF REMAINDER AREA 196.256 SF A STREET NW EXTENSION PERMANENT ESMT. AREA 2,393 SF RIGHT OF WAY EXHIBIT "A" PAGE 2 OF 5 STA I6 +07 31, STA 16 +19 471. STA 16 +19 283, 16450' LT 3500 LT 3000 LT STA 16 +08 92. STA 16 +OB 99, _ _ 3500 LT 3000 LT STA 15 +9231, 16450' LT 71_L _ PERM WATER - - - - -- ESMT STA 15+8427 STA 15 +93 98, (5500' LT TO 3500 LT) 3000 LT STA 15+9392, 35 00 LT STA 15+3427, o TEMP (3500' LT TO 5500' LT) +T CONSTRUCTION � ESMT TEMP CONSTRUCTION EASEMENT� STA IN 7288, 3500 LT , STA 13 +72.93, STA 13+72 79, 42 50' LT 30.00' LT STA 13 +5780. 42.50' LT PERM WATER ESMT I-Aj- STA 13 +5788, 35.00' LT STA 13 +993, 3000' LT STA 12+8887 �\II� STA 12+8807 3500' LT _ _ 3 3000 Li —I \ Z fill zTO� C2 1, 'Cl w \ LEVAN NW REAL ESTATE 1 1 HOLDINGS LLC STA 11461 46, Q 3000 LT STA 11 +6286. 3500' Li I I STA 10+78 45. STA 10+7847, 3500' LT 30.00' LT RM STA 10 +7848, 4250' LT I ESMT WATER STA 10,6348. 4250' Li STA 10 +6345, STA 10 +6347 3500' LT ( 3000' LT STA 10+19.32. 3500' LT /I STA 9 +91.63, 5820' IT �p/ 'A' STREET NW o CONSTRUCTION CENTERLINE 311D STREET NW STA 9 +90 21, 66 25' LT STA 10 +17.50, 30.00' LT STA 9 +85 293. 65 38' LT STA 9 +87.033, 5554' LT CURVE DATA DELTA RADIUS LENGTH C1 10'0000" 700.00' 12217' C2 9'53'24" 69500' 1 119.97' LEGEND X %X %XXX% KING COUNTY PARCEL NUMBER PROPOSED R/W TAKE - — PROPERTY LINES — - — CONSTRUCTION i — EXISTING EASEMENT - - - - - PROPOSED PERM EASEMENT — PROPOSED TEMP CONST. EASEMENT 0 100 SCALE IN FEET PERMANENT RIGHT OF WAY PERMANENT WATER EASEMENT TEMPORARY CONSTRUCTION EASEMENT SEC. 13 T21N R4E W.M. TOTAL AREA 238,450 SF TEMPORARY CONSTRUCTION PARCEL 1321049037 R/W TAKE AREA 42,194 SF ESMT AREA 3,986 SF REMAINDER AREA 196,256 SF A STREET NW EXTENSION PERMANENT ESMT AREA 2,393 SF RIGHT OF WAY EXHIBIT "A" PAGE 3 OF 5 PARCEL 1321049037 PERMANENT WATER EASEMENT: THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT "X" LOCATED IN SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON; MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OPPOSITE ENGINEERS STATION 10 +63.45 AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES THEREFROM, 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 AUDITOR'S FILE NO ?0101206900019RECORDS OF KING COUNTY, WASHINGTON; THENCE WESTERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +63.48 ON SAID CENTERLINE AND 42.50 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +78.48 ON SAID CENTERLINE AND 42.50 FEET WESTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +78.45 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS LINE. TOGETHER WITH ALL THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OPPOSITE ENGINEERS STATION 13 +57.93 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE WESTERLY TO A POINT OPPOSITE ENGINEERS STATION 13 +57.80 ON SAID CENTERLINE AND 42.50 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 13 +72.79 ON SAID CENTERLINE AND 42.50 FEET WESTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE ENGINEERS STATION 13 +72.93 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS LINE. (CONTINUED...) TOTAL AREA: 238,450 SF TEMPORARY CONSTRUCTION PARCEL 1321049037 R/W TAKE AREA: 42,194 SF ESMT. AREA: 3,986 Sr REMAINDER AREA: 196,256 SF A STREET NW EXTENSION PERMANENT ESMT AREA: 2,393 SF RIGHT OF WAY EXHIBIT "A" PAGE 4 OF 5 PARCEL 1321049037 PERMANENT WATER EASEMENT (CONT.) TOGETHER WITH ALL THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OPPOSITE ENGINEERS STATION 15 +93.98 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE WESTERLY TO A POINT OPPOSITE ENGINEERS STATION 15 +92.31 ON SAID CENTERLINE AND 164.50 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO POINT OPPOSITE ENGINEERS STATION 16 +07.31 ON SAID CENTERLINE AND 164.50 FEET WESTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE ENGINEERS STATION 16 +08.99 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS LINE. CONTAINING 2,393 SQUARE FEET, MORE OR LESS. TOTAL AREA: 238,450 SF TEMPORARY CONSTRUCTION PARCEL 1321049037 R/W TAKE AREA: 42,194 SF ESMT AREA: 3.986 SF REMAINDER AREA: 196,256 SF A STREET NW EXTENSION PERMANENT ESMT. AREA: 2,393 SF RIGHT OF WAY t EXHIBIT "A" PAGE 5 OF 5 PARCEL 1321049037 TRACT "X ": PER PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC PARCEL A OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA -04 -0001, RECORDED UNDER RECORDING NUMBER 20040408001614, IN KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: LOTS 8, 9 AND 10, BLOCK A, TO SLAUGHTER, ACCORDING TO IN VOLUME 3 OF PLATS, PAGE WASHINGTON; AND L.W. BALLARD'S ADDITION THE PLAT THEREOF RECORDED 91, IN KING COUNTY, THAT PORTION OF THE WEST 382.43 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EAST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, BEING DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF AUBURN SHORT PLAT 11 -78 AS RECORDED UNDER RECORDING NUMBER 7806270703; THENCE NORTH 87 °02141" WEST ALONG THE NORTH LINE OF SAID LOTS 8, 9 AND 10, 382.25 FEET TO THE EAST MARGIN OF SAID RAILROAD RIGHT -OF -WAY; THENCE NORTH 00 000'47" WEST, ALONG SAID EAST MARGIN, 310.08 FEET; THENCE SOUTH 87 048'29" EAST 382.15 FEET TO THE WEST MARGIN OF 5TH STREET NORTHWEST PER THE PLAT OF NEW AUBURN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS, PAGES 8 AND 9, IN KING COUNTY, WASHINGTON; THENCE SOUTH 00 000'35" WEST, ALONG SAID WEST MARGIN AND THE WEST LINE OF LOTS 1 AND 2 OF SAID AUBURN SHORT PLAT 11 -78, 315.17 FEET TO THE POINT OF BEGINNING. TOTAL AREA: 238,450 SF TEMPORARY CONSTRUCTION PARCEL 1321049037 R/W TAKE AREA: 42,194 SF ESMT AREA: 3,986 SF REMAINDER AREA 196,256 SF A STREET NW EXTENSION PERMANENT ESMT AREA: 2,393 SF RIGHT OF WAY