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HomeMy WebLinkAbout20110427000526 WATER EASEMENT 02/18/2011Return Address: I I IIIIIIIIIIII�III IIIIIIIIIIIII City of Auburn IIIIIIIIIIIIIIIII IIII VIII VIII VIII IIII I I�III VIII City Clerk 2011042700052 25 West Main PACIFIC NW TIT EAS 66 00 Auburn, WA 99001 PAGE -001 OF 005 04/ KING COUNTY, WA Above this line reserved for recording information WATER EASEMENT��� GRA10 -0012 Reference N (if applicable)- N/A Grantor /Borrower RC Auburn Way, LLC Grantee /Assignee /13eneticiary- City of Auburn Legal Description/S'I'R. NW ''A Sec 6 - T21 N - R5E Assessors Tax Parcel ID# 985777 -0010 M For and in consideration of the sum of TEN DOLLARS (510.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, RC Auburn Way, LLC, 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 water meters 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 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 Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. The City will be liable for damage caused by the sole negligence of the City Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. Water Easement Page I of 5 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 till 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 temporary 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. Water Easement Page 2 of 5 IN WITNESS WHEREOF, said corpor to has caused this instrument to be executed by its proper officer(s) this It day oft - 12011 Aut rized Signature Authorized Signature STATE OF WASHINGTON) ) s5 COUNTY OF KING ) I certify I have know or have satisfactory evidence that is /are the person(s) who appeared before me, and said persZon(s) acknowledged that he /she /they signed this instrument on oath stated that he /she /they was /were authorized to execute the instrument and acknowledge as theka� of RC AUBURN WAY, LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated I "BLit No ry Public in an�for,t�� S�� of W�sll�gton R lding at �N (•��`� '!N�i�;,��O?J�y appointment expires „7 -,� �.� t 5 KBT1ub File: #1295 REF II: \Development \Prolects\Aubum Nissan \( RA10 -0012 Aubum Nissan site Remodel\Legal d0cuments \2010 Water Easement Page 3 of 5 EXHIBIT `A' 7 -26 -10 Waterline Easement Nissan Site Auburn Washington Tax Parcel 885777 -0010 An Easement for waterline and appurtenances over, under and across that portion of Ii. H. Jones Donation Land Claim, being in a portion of the Northwest Quarter of Section 6, Township 21 North, Range 5 East, WM, said easement being 18.00 feet wide and 9 00 feet on both sides of the following described centerline: Commencing at Point "C" of that certain Easement as recorded February 28, 2001 under recording no. 20010228000721; Thence along said referenced easement South 880 52' 57" West 5.00 feet to an angle point in said easement; Thence continuing South 1 ° 07' 03" East 29.04 feet; Thence leaving said referenced casement centerline North 88° 52' 57" East 7.50 feet to a point on the East margin of said easement and the TRUE POINT OF BEGINNING of this centerline description. Thence North 88° 52' 57" Fast 22.00 feet to the terminus of said centerline description. Situate in the County of King, State of Washington 7 -z9 -/o Water Easement Page 4 of 5 S 88' W s.00 .00 _ S 1'07'03" E 29.04 M� N 88'52'57" E 7.50 V )-1 BRIDGE } _ uc_ EXHIBIT `B' r_ - -- ---- --- -- - - -- 18.0' i - -- -- -- - - -- t ri POINT "C° FROM WATERLINE EASEMENL N 88'5257" E RECORDING NO. 22.00 20010228000721 TPOB - EXISTING NISSAN i51'ALB * BUILDING t1 oT ^8y�� t i � of < { EXISTING 15' t t ' WATERLINE y 52 p EASEMENT TO CRY f� OF AUBURN, 7 IAND RECORDING NO. �-' i 20010228000721 i 7 -29 -70 ` 7 -4Z _ FA r �A�F� 53 — 55 - _ SOUTH 35TH STREET Sound Development Croup 0 40 ENGINEERING, SURVEYING & LAND DEVELOPMENT SERVICES Scale I" = 40' Water Easement Page 5 of 5