HomeMy WebLinkAbout20140904000750 EASEMENT 07/21/14mm
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After rl cording return to:
Auburn City Clerk
25 West Main Street
Auburn WA 98001
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KING COUNTY, UA
EXCISE TAX NOT REQUIRED
EASEMENT l as o Re D-
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y ePLaY
a ter a ee
CITY OF AUBURN
JAKE ARMIJO
A portion of Tract A of King County Boundary Line Agreement 1,001,0003, SE' /.
21N -5E
ty Tax
No. 1446110140
For and in consideration of Ten Dollar ($10.00) and other valuable consideration
paid, CITY OF AUBURN, a municipal corporation of the State of Washington,
)r" herein), hereby conveys and warrants to Jacob Armijo, an individual
�e" herein), for the purposes hereinafter set forth, a nonexclusive perpetual access
t over, across and through the real property described in Exhibit A and shown in
B ( "Easement Area" herein).
Scope of Easement. Said Grantee shall have the right to access the Easement
for all legal uses that do not interfere with the Grantor's full use and enjoyment and
oning of its storm water pond or impede Grantor's other governmental functions,
led, however, Grantee shall not construct or maintain any buildings or other
ures, release any hazardous waste, nor plant any tree within the Easement Area.
ee may specifically maintain, reconstruct, repair, replace, and remove the existing
and landscaping in the Easement Area.
Entry Upon and Disturbance of Easement Area. Said Grantor shall have the
ate right, at times as may be necessary, for immediate entry upon said Easement
for the purpose of maintenance, inspection, construction, repair or reconstruction of
lilies located under the Easement Area, and may remove, disturb, and relocate the
nd any personal property, including fencing, within the Easement Area to permit
loft
2014
St. Storm Water Pond Access Easement
ution No. 5086
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access to its utilities, provided Grantor takes reasonable care to not unnecessarily damage
the property Grantor's sole obligation in the event of any damage, relocation, or
disruption of the Easement Area by Grantor, its employees, contractors, or agents shall be
to reestablish existing grades and provide for adequate site stabilization. Upon such
disturbance by Grantor, Grantee shall bear all other responsibility to return the Easement
Area to a condition comparable to the condition that existed prior to Grantor's use of the
Easement Area.
Should the Grantor exercise its right to conduct work on its utilities within the
it Area, Grantor shall provide written notice and a written schedule to Grantee.
shall conduct any repairs, maintenance, reconstruction or replacement within a
)le time.
Termination. Grantor may terminate this Easement by written notice to the
Grantee at any time. In such event, at City's request, the Grantee shall record a
termination of easement with the King County Recorder Upon termination, Grantee
shall I promptly remove from the Easement Area its improvements. Grantor, at its sole
expense, shall remove and reinstall any fencing within Easement Area to a location of the
Grantee's choosing outside the Area.
Indemnity Said Grantee shall indemnify, defend, and hold harmless Grantor, its
employees, officers, and agents from any and all liability, damages, expenses, causes of
action, suits, claims, costs, fees (including attorney's fees), penalties, orjudgments, of any
nature whatsoever, arising out of the use, occupation, or control of the Easement Area by
Gratitee, his tenants, contractors, invitees, agents, employees, guests or permittees,
including but not limited to the use, storage, generation, processing, transportation,
handling, disposal, or release of any hazardous substance or materials, as defined in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended ( "CERCLA "). This indemnification shall survive the termination of the
Attorney Fees. Should it be necessary for either party to enforce their rights
under this agreement, then in the event of litigation the prevailing party shall be entitled
to recover and collect all costs and reasonable attorney's fees as determined by the court
resolving the litigation. As used in this paragraph, "costs" shall include all out of pocket
expenses and charges incurred that related to pursuing enforcement or the breach of the
terms and conditions of this easement.
Successors and Assigns. This easement and the covenants herein shall be
covenants running with the land and shall inure to the benefit of and be binding on the
successors, heirs, and assigns of both parties hereto, provided that Grantee's rights
hereunder shall not be assigned to any other entity without the prior written consent of
Graff for which consent shall not be unreasonably withheld.
page 2 of 2
July 17, 2014
309' St. Storm Water Pond Access Easement
Resolution No. 5086
1
IN WITNESS WHEREOF, said Municipalit has caused this instrument to be
by its proper officer(s) this I $` day of 12014
Xf
City of Auburn, a Washington municipal corporation
C
STATE OF WASHINGTON)
) ss.
COUNTY TY OF KING )
yr
On this o� 1 � day of 2014, before me, a
Notairy Public in and for the Stal of Washington, duly commissioned and swom,
personally appeared Nancy Backus, to me known to be the Mayor of the municipal
corporation that executed the within and foregoing instrument, and acknowledged the
same to be the free and voluntary act and deed of said municipal corporation, for the uses
and purposes therein mentioned and on oath stated that they are authorized to execute
said iinstmment.
my hand and official seal hereto affixed the day and year first above written.
MDE os�',Qs�zi'i �an'LIle- E-
2= i OSaRy la'%
Qsp r . _ ; Z Vrinl or stamp name of Notary)
moo, Pue�� 1 ?NOTARY PUBLIC in and for the State
of Washington, residing at 6n k wtc(a.a
oil, My OF\W`Py�.� My appointment expires
3 of
F, 2014
St. Storm Water Pond Access Easement
ution No. 5086
That
Thence
Point o
Thence
line of I
Thence
point in
Thence
EXHIBIT "A"
LEGAL DESCRIPTION FOR EASEMENT IN
CITY OF AUBURN STORM TRACT "A"
on of Tract "A" of King County Boundary Line Agreement 1,001-0003, Recording number
900006, Volume 136 of Surveys, Page 177, records of King County, Washington located in the
quarter of the Northeast quarter of Section 8, Township 21 North, Range 5 East of tie
e Meridian, said portion described as follows:
at the most southwesterly corner of said Tract "A"?-
00° 08' 53" East along the west line of said Tract "A" a distance of 15.00 feet to the True
00° 08' 53" East along said west line a distance of 10.00 feet to an angle point in the south
"C" of said Boundary line Agreement;
th 89' 45' 15" East along said South line of said Lot "C" a distance of 54.97 feet to an angle
East line of said Lot "C" and the West line of said Tract "A';
00° 08' 53" West a distance of 10.00 feet;
Thence South 89° 45' 15" West along a line 10.00 feet south of and parallel with the South line of said
Lot "C ",l a distance of 54.97 feet to the point of Beginning.
This
Basis of
County,
contains 550 square feet ( 0.01 acres), more or less.
;s for this description is the Ding County Boundary Line Agreement LOOL0003, as
recording number 20000321900006, Volume 136 of Surveys, page 177, records of King
1,1301 v-
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