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HomeMy WebLinkAbout20120510001401 EASEMENT REPLACEMENT AGREEMENT 12/01/2011MST Al�IYPWAN Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20120 510001401 PAGE102071"OF 007 05 5 FY.Ci'7, ✓1�`T =QJIRED 5 ��'=r�f ,o:� Df; De � � Deputy KtL;UKUtK'J UUVCK bMtt I 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) St. Matthew Episcopal Parish 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 of document. Assessor's Property Tax Parcel /Account Number 098200 -0075 815410 -0040 ❑ Assessor Tax # not yet assigned 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). 4316620 & 4316625 Grantor /Borrower' St. Matthew Episcopal Parish Grantee /Assignee /Beneficiary City of Auburn Legal Description /SI'R. NE- 18 -21 -5 Assessor's Tax Parcel ID# 098200- 0075 & 815410-0040 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, St. Matthew Episcopal Parish a Washington Corporation, 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 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 "13 ", 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 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 surlace within said Easement deemed necessary by the Grantee. Easement Replacement Page I ef4 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 L'asennent Area, without the express written consent of the City With City permission, Grantor may fence across said Easement Area and /o' 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 fi•om 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 immediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said sewer facilities. The use ol' 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 casement recorded the 18th clay of February, 1953, under recording no. 4316620 & 4316625, in Volume 3229 of Deeds, pages 406 & 411, respectively, records of King County, Washington. Basement Replacement Page 2 of 4 IN WITNESS WHEREOF, said corporate n has caused this instrument to be executed by its proper officer(s) this __/V day of 4i-{-z ) 20L GRANTOR(S) ,. -_A ,, . Authorized Signature GRANTEE City Engineer Basement Replacement Page 3 of 4 STATE OF WASHINGTON) )ss. County of King ) C1 1 certify that 1 know or have satisfactory evidence that .) Agin , AM61' and N //l are the persons who appeared before me, and said persons acknowledged t hat they signed this instrument, on oath sta ed that they were authorized to execute the instrument and acknowledged it as the (�'.A2C and of St. Matthew Episcopal Parish, a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated ``�.� •.a`N1p FU it `�. Notary Public in and for lli Stale of Washington Residing at My: -nent e irestj /�/ 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 ENGINEER OF PUBLIC WORKS of the CITY OF AUBURN to be the free and voluntary act of suc�h� ,PParty for the uses and purposes mentioned in this instrument. Dated /.e i /, - %w �/1 T Notary Public it and for c St4fe of Washington Residing at U60 �F My appointment, wes File: 9CP0921c- "- REF H.Development \forms \Legal Docutnents \2004 Basement Replacement Page 4 of 4 EXHIBIT A St. Matthews Parcel 098200 -0075 and 815410 -0040 Easement Release Description A portion of easement granted to the City of Auburn recorded under recording number 4316620, records of King County, Washington, said portion described as: The west 7.5 feet of Lot 4, Block 3, the north 5.0 feet of Lot 7, Block 3, and the north 7.5 feet of the east half of Lot 8, Block 3, all in David A- Bolting Second Addition to Auburn, according to the plat thereof recorded in Volume 41 of Plats, Page 26, in King County, Washington. Together with the easement granted to the City of Aubum recorded under recording number 4316625, records of King County, Washington, said easement described as: The west 7.5 feet of Lot 1, Block 2, Thomas G. Sutherland First Addition to Auburn according to the plat thereof recorded in Volume 42 of Plats, Page 41, records of King County, Washington; The west 7.5 feet of Lot 2, Block 2, of said Thomas G. Sutherland First Addition to Aubum; The west 7.5 feet of Lot 3, Block 2, of said Thomas G. Sutherland First Addition to Auburn; The west 7.5 feet of Lot 4, Block 2, of said Thomas G. Sutherland First Addition to Aubum; The south t0 feet of Lot 2, Block 2, of said Thomas G. Sutherland Fist Addition to Auburn; And the north 5 feet of Lot 3, Block 2, of said Thomas G. Sutherland First Addition to Auburn. New Easement Description The north 7.5 feet of Lot 7, Block 3, David A Boning Second Addition to Auburn, except the east 12 feet of said Lot 7, according to the plat thereof recorded in Volume 41 of Plats, Page 26, in King County, Washington; The north 7.5 feet of the east half of Lot 8, Block 3, of said David A. Boltng Second Addition to Auburn; The west 15 feet of Lot 4, Block 3, of said David A Boiling Second Addition to Auburn; The west 15 feet of Lot 1, Block 3, of said David A. Bolting Second Addition to Auburn; The west 7.5 feet of Lot 1, Block 2, Thomas G. Sutherland First Addition to Auburn according to the plat thereof recorded in Volume 42 of Plats, Page 41, records of King County, Washington; The west 7.5 feet of Lot 2, Block 2, of said Thomas G. Sutherland First Addition to Auburn; The west 15 feet of Lot 3, Block 2, of said Thomas G. Sutherland's First Addition to Aubum; The west 15 feet of Lot 4, Block 2, of said Thomas G. Sutherland's First Addition to Auburn; The south 10 feet of Lot 2, Block 2, of said Thomas G. Sutherland First Addition to Auburn; And the north 5 feet of Lot 3, Block 2, of said Thomas G. Sutherland First Addition to Auburn. AA11 O.'SURVEI`PWJEC9,CM21-3010SAN SEWER REPIACalCm m E b�'SINatOn Umr aad 111142011 LLI z w W V) 1.01 2 BLOCKA BptPn9 Second 0ovtd 26 .o-5 41 ?9 &Lock Vol 042O2Suth 1(7f 0f P9 47 Ord First Addition L0T 8 LOS � 015410 -0040 Owner: St. UaM.. -NEW 15' SEWER LOT 1 EASEMENT ON THE ST. MATTHEWS PARCEL BLOC k Thos 2 of I /ol 42 p Suther°on0f 9 41 d First na.,.. EXIST 7.5' SEWER EASEMENT PER REC. NO. 4316625 TO BE RELEASED ///'''EXIST 15' SEWER EASEMENTT 2 LOr PER REC. NO. 4316625 - ,p TC BE RELEASED 10 &LOOK LO>• 6 I L NEW 15' SEWER EASEMENT 0ON h05 G,2 Of G7p 1 THE ST. MATTHEWS PARCEL Vol 42 p Sutherl t Of j I 1-07' 3 B 47 d F• EXIST 7.5' SEWER EASEMENT rSt Add,tJpn e I PER BE NO. 4 15625 - --v/ "t —NEW 15' SEWER II/ 1 EASEMENT ON THE ST. R.. 4,�F I MATTHEWS PARCEL 515410 -0040 WgSyW I I owner. sr. tA.M .rs 1 i1t�,2O1, , I 20' TEMPORARY CONST LOT 4 I EASEMENT ON THE ST. t MATTHEWS PARCEL L:J 2t : ..LANO'V 1, 66%1`00 f n � OE Q \Ot Se °Od 000 �P,Q °26 ON V 0-, 3 EXIST SEWER EASEMENT PER REC. NO. 4316620 - PORTION ON ST. MATTHEWS PARCEL TO BE RELEASED ,. EXIST 7.5' SEWER EK PER REC. NO. 43166: PORTION ON LOT 9 Ai WEST HALF OF LOT 8 NOT BEING RELEASED. VOS 9 I V0� I a __n i I ad\��On i 10f °0nd P W o e t I G� g &0, S �OZ 1 Lij 1 I �Np(d P. 9 2 I- t I QpN` A� P ose20o -00]5 in I gyp\ owner. SL leattnevs �- j -r—NEW 15' SEWER J gEASEMENT ON THE Si. A I MATTHEWS PARCEL 1 i EXIST 7.5' SEWER EASEMENT PER REC. t NO 4316620 - PORTION ON ST. t I MATTHEWS PARCEL TO BE RELEASED 11 1 • tI ` J I IEW 7I5' SEWER Op ASEM ON THE ST. p4 Ord IATTHEW PARCEL Se° of t�OA 1 STREET NE . EXHIBIT "B" CP0921 CP0921 SEWER REPAIR PROJECT 11/14/2011 WASHINGTON ST MATTHEW EPISCOPAL SEWER EASEMENT SCALE: 1 " =50' PUBLIC WORKS DEPARTMENT DRAWN BY* RRB I 0026 CIO �o I LOGS P' oa a�, e9 095200 -0C7s Cwner SL M.nttFew NE OF ST. I J °\-0-\ VS PARCEL I 6 Vol 5 20' TEMPORARY CgNST EASEMENT iattmm�� ON THEI ST, I MATTHEW; PAPCFl I 1 STREET NE . EXHIBIT "B" CP0921 CP0921 SEWER REPAIR PROJECT 11/14/2011 WASHINGTON ST MATTHEW EPISCOPAL SEWER EASEMENT SCALE: 1 " =50' PUBLIC WORKS DEPARTMENT DRAWN BY* RRB