HomeMy WebLinkAbout20110309000280 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