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HomeMy WebLinkAbout20120510001403 EASEMENT REPLACEMENT AGREEMENT 01/03/2012F[RST AAMERKAN a`� 104 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 / K- a /- 0S7(7(�) 120120510001103 FIRST AMERICAN AG 69 00 PAGE-001 OF 008 05/10/2012 15 24 KING COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Easement Replacement Agreement Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s) /Borrower(s) (Last name first, then first name and initials) Janet Holt Grantee /Assignee /Beneficiary, (Last name first) Auburn, City of Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE- 18 -21 -5 ® Additional legal is on page 6 -7 of document. Assessor's Property Tax Parcel /Account Number 188750 -0005 ❑ Assessor Tax # not yet assigned [F. IqyI� t rds ojm��GG�G�'� L6 ?may Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. EASEMENT REPLACEMENT AGREEMENT PROJECT NO.: CP0921, SANITARY SEWER REPLACEMENT Reference # (if applicable): 9011090523 Grantor /Borrower. Janet Holt Giantee/ Assignee /Beneficiary- City of Auburn Legal Description/M. SE- 18 -21 -5 Assessor's Tax Parcel 1D #- 188750 -0005 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, Janet Holt, hereby convoys 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 for the purpose of laying, maintaining, and installing A SANITARY SEWER 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 TJIIS REFERENCE MADE, A PART HEREOF Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement 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 deemed necessary by the Grantee. Easement Replacement Page I of 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 lull 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 sewer 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 inwiediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said sewer facilities. Tine 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. In further consideration hereof, and in exchange for the Easement granted hereby, the Grantee relinquishes and conveys to the Grantor its interest in the easement recorded the 9th day of November, 1990, under recording no. 9011090523, in records of King County, Washington. Easement Rcplacemcnt Page 2 of 4 Qj Dated this 3 day of AN L) i} 20 17/ GRANTOR (S e7 Authors d Signaturc Authorized Signature GRANTED 0-- l-t L Cit Engineer Easement Replacement Page 3 of 4 STATE OI WASHINUTON ) ss COUNTY OF KING ) j I certify that I know or have satisfactory evidence that �4h't � ( -o and is /arc the person(s)who appeared before me, and said individual(s) acknowledged that he /she /they signed this instrument and acknowledged it to be Iris /her /their free and voluntary act for the uses and purposes mentioned in this instrument. yy Dated 7" yp1 t Notary Public State of Washington CHARLES W PIDGE My Appointment Expires May 19, 2014 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dennis Selle is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CITY LNGINEER OF PUBLIC WORKS of the CITY OF AUBURN to be the free and voluntary act of suSrRarty for the uses and purposes mentioned in this instrument. ;C,l AR,,, aUeo, 01: v Irel File: ICP0921 REF H:Devclopnrcnt\Forras\Lcgal Documents\2004 Easement Replacement Page, 4 of 4 EXHIBIT A Holt Parcel 188750 -0005 Easement Release Description A sanitary sewer easement granted to the City of Auburn recorded under recording number 9011090523, records of Kung County, Washington, described in that document as: That portion of Lot number 1 of Block number I of John Dailidens First Addition to Auburn as recorded in Volume 42 of Plats, Page 21, records of King County, Washington, described as follows: A strip of land 15.00 feet in width having 7.50 feet on each side of the following described centerline: Beginning at the East Quarter Center of Section 18, Township 21 North, Range 5 East, W M.; Thence South 89 -53 -27 West along the monumented centerline of East Main Street 146.42 feet; Thence South 00 -06 -33 East, 20.45 feet to an existing sanitary sewer manhole; Thence South 54 -3745 West, 16.54 feet to a point on the north boundary of said Lot number 1 and the True Point of Beginning; Thence continuing South 54 -37 -45 West, 31.47 feet to a point 7.50 feet east, measured at right angles, of the west boundary of said Lot number 1; Thence South 02.47 -34 West, parallel with said west boundary of Lot number 1, a distance of 42.29 feet; Thence South 86 -53.54 East, 42.50 feet to the east boundary of said Lot number 1 and the terminus of said centerline. The side lines of said 15.00 foot wide strip of land to be shortened or lengthened to terminate at the north and east boundaries of said Lot number I and to intersect at angle points. Situate in the Northeast Quarter of the Southeast Quarter of Section 18, Township 21 North, Range 5 East, W M., County of King, State of Washington, (Note: The original easement document recorded under recording number 9011090523, records of King County, Washington incorrectly indicates the plat of John Dailidens First Addition to Auburn was recorded in Volume 14 of Plats, Page 41, records of King County. This new document correctly references the recording data for the plat of John Dailidens First Addition to Auburn as being recorded in Volume 42 of Plats, Page 21, records of King County, Washington.) New Easement Description That portion of Lot 1, Block 1, John Dailidens First Addition to Auburn, according to the plat thereof recorded in Volume 42 of Plats, Page 21, records of King County, Washington, said portion described as follows: A strip of land 15.00 feet in width having 7.50 feet on both sides of the following described centerline: Commencing at the East Quarter Corner of Section 18, Township 21 North, Range 5 East, W. M., Thence South 870 31'35" West along the monumented centerline of East Main Street a distance of 146.42 feet; Thence South 020 28'25" East a distance of 20.45 feet to an existing sanitary sewer manhole; Thence South 52° 15'53" West a distance of 16.54 feet to a point on the north boundary of said Lot 1 and the Point of Beginning of this centerline description; Thence continuing South 52° 15'53" West a distance of 31.44 feet to a line parallel with and 7.50 feet east, when measured at right angles, from the west boundary of said Lot 1, Thence South 00° 20'09" West along said parallel line, a distance of 42.31 feel; Thence South 440 26'35" East a distance of 60.35 feet to the southeast corner of said Lot 1 and the terminus of this centerline description. The side lines of said 15.00 foot wide strip of land to be shortened or lengthened so as to intersect in themselves and terminate at the north, south and east boundaries of said Lot 1 Situate in the Northeast Quarter of the Southeast Quarter of Section 18, Township 21 North, Range 5 East, W M., County of King, State of Washington. 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