HomeMy WebLinkAbout20130621001338 WATER EASEMENT 03/12/13Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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WATER EASEMENT
FAC12 -0008
Reference # (if applicable): N/A ,30 �1
Grantor /Borrower FONPEE, LLC T
Grantee /Assignee /BeneficiaD City of Auburn
Legal Description /STR. NE '/, S2—T2 I N — R4E
Assessor s Tax Parcel ID# 022104 -9098
For and in consideration of the sum of TEN DOLLARS ($10 00) and other good
and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be
derived by the Grantor herein, Grantor, FONPEE, LLC hereby conveys and warrants to
the City of Auburn, Grantee herein, a municipal corporation of King County, Washington,
its successors and assigns, a perpetual Nonexclusive Easement under, over, through and
across the following described real property ( "Easement Area ") for the purpose of laying,
maintaining, and installing Water Main _AND APPURTENANCES THEREOF, said
Easement Area being a portion of the above - designated 'fax Parcel ( "Parent Parcel "), and
described as follows.
SEE EXHIBITS "A" AND "B ", ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Said Grantee shall have the absolute right, at times as may be necessary, for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
Said Grantee shall have the absolute right to place any type of driving surface
within said Easement Area deemed necessary by the Grantee.
N'tiler Ea$l'nll'nt iti : LTEii 1)•<1'FY t-'OIR tattir(]�ANO / OR
Page I of 7 ,• CfiLn+:nC' i ::t ^5 ?J?ELiS BY FIRSTMMEWCO!
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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 Citv 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 an), 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 Fa�ennent
Page 2 of 7
IN WITNESS WHEREOF, said corporation has aused this instrument to be executed by
its proper officer(s) this Id day of _ 11 C 2013
7y
Authorized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that n\ t Kp- &mil k-4-
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized
to execute the instrument and acknowledged it as the M � Mcnq (tic AA Mho
on on of FONPEE, LLC, a limited liability corporation, to be The free
and voluntary act of such part), for the uses and purposes mentioned in this instrument.
Dated
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Pile: FAC12 -0008 #1341
Water Easement
Page 3 or
Notary Public in and for the
Residingat Prsnen
My appointment expires_
EXHIBIT `A'
WATERLINE EASEMENT LEGAL DESCRIPTION:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY
THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERDIAN, IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS.
COMMENCING ON THE EAST LINE OF SAID GOVERNMENT LOT 1 AT A POINT WHICH IS SOUTH
01. 33'33" WEST, 945.12 FEET FROM THE NORTHEAST CORNER THEREOF,
THENCE NORTH 89 °17'33" WEST, 428.00 FEET,
THENCE NORTH 01 *33'33" EAST, 99.91 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH
845.12 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2,
THENCE NORTH 89 °17'33" WEST ALONG SAID SOUTH LINE, 652.19 TO A POINT ON THE EAST LINE
OF THE WEST 1524.6 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2;
THENCE SOUTH 01'05'07" WEST ALONG SAID EAST LINE, 317.86 FEET TO A POINT ON THE NORTH
LINE OF THE SOUTH 1236 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2,
THENCE SOUTH 89 °55'04" EAST ALONG SAID NORTH LINE, 309.58 FEET TO A POINT ON THE
NORTHERLY LINE OF THE M. MARKDAHL ROAD AS CONVEYED TO KING COUNTY BY DEED
RECORDED IN VOLUME 1167 OF DEEDS, PAGE 133, RECORDING NUMBER 1592515 (ALSO
KNOWN AS MEREDITH RD OR S. 292ND ST );
THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE TO THE EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 2,
THENCE NORTH ALONG SAID EAST LINE 95.00 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING, ,
t, ,
EXCEPT THE RIGHT OF WAY SECONDARY STATE HIGHWAY NO 5M(W69TVAU4EY,HIGHWAY);
AND
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EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN'BY DEED RECORDED
UNDER RECORDING NUMBER 9604220946, 0
AeT. ' �'BT •t.�a`'AP
(ALSO KNOWN AS PARCEL A, CITY OF AUBURN BOUNDARY LINE AL
RECORDED UNDER RECORD NUMBER 20071206900004, RECORDS
WASHINGTON.)
ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY
DEDICATION DEED RECORDED UNDER RECORDING NUMBER 20100923000793, DESCRIBED AS
FO LLO W S.
Water Easement
Page 4 of 7
COMMENCING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 21
NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AT A POINT
WHICH IS SOUTH 01'33'33" WEST, 945.12 FEET FROM THE NORTHEAST CORNER THEREOF,
THENCE NORTH 89 017'33" WEST, 26.65 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A,
SAID POINT BEING ON THE WEST RIGHT OF WAY OF STATE HIGHWAY SM, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING.
THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT OF WAY, AN ARC WITH A RADIUS OF 984.90
FEET WHOSE CENTER BEARS NORTH 88 °49'45" EAST, 62.87 FEET,
THENCE SOUTH 35 °24'07" WEST, 19.92 FEET,
THENCE NORTHWESTERLY ALONG AN ARC WITH A RADIUS OF 998.40 FEET WHOSE CENTER
BEARS NORTH 82 °19'31" EAST, 79 40 FEET TO THE NORTH LINE OF HEREIN DESCRIBED PARCEL A,
THENCE SOUTH 89 °17'33" EAST, ALONG SAID NORTH LINE 13.53 FEET TO THE TRUE POINT OF
BEGINNING.
SAID DESCRIPTION CONTAINING 961 SQ. FT ±
Water Easement
Page 5 of 7
SAID EASEMENT BEING 15.00 FEET WIDE HAVING 7.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINES.
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A, CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NO BLA07 -0009, RECORDED UNDER RECORD NUMBER 20071206900004,
RECORDS OF KING COUNTY, WASHINGTON; THENCE S89 °41'51 "E ALONG THE SOUTHERLY LINE
OF SAID PARCEL A (SHOWN AS S89 °55'04 "E ON SAID BOUNDARY LINE ADJUSTMENT), A DISTANCE
OF 309.58 FEET TO A POINT ON A CURVE TO THE RIGHT FROM WHICH THE CENTER BEARS
S20 °29'26 "E 316.48 FEET DISTANT,
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 °58'12" AND AN ARC
DISTANCE OF 71.64 FEET, THENCE N82 °28'46 "E 150.03 FEET TO A POINT ON A CURVE TO THE
RIGHT FROM WHICH THE CENTER BEARS N85 °18'03 "E 350.00 FEET DISTANT, SAID POINT BEING
THE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 5 °37'37" AND AN ARC DISTANCE OF 34.37 FEET, THENCE
NOO °55'40 "E 144.69 FEET,
THENCE N89 °04'20 "W 14 47 FEET TO A POINT HEREINAFTER KNOWN AS POINT A, THENCE
N89 °04'20 "W 300.00 FEET, THENCE N01 °18'40 "E 13.72 FEET TO THE TERMINUS OF SAID
CENTERLINE;
ALSO BEGINNING AT THE AFOREMENTIONED POINT A, THENCE N01- 18'40 "E 13 73 FEET TO THE
TERMINUS OF SAID CENTERLINE;
THE EASEMENT SIDE LINES SHALL BE EXTENDED OR SHORTENED AT THE RIGHT OF WAY, ANGLE
POINTS, INTERSECTIONS AND TERMINUS AS NECESSARY
Watcr Easement
Pace 6 of 7
EXHIBIT `B'
Water Easement
Page 7 of 7
WATERLINE EASEMENT
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DATE 02-28 -2013
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Water Easement
Page 7 of 7