HomeMy WebLinkAbout20130617001435 WATER EASEMENT 08/07/2012Return Address:
City of Auburn
City Clerk
25 West Main
Auburn. WA 98001
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FIRST AMERICAN EAS 77 00
PAGE -001 OF 006
06/17/2013 14 15
KING COUNTY, UP
information.
NVATER EASEMENT
FAC 12 -0001
Reference N(ifapplicahle): N/A ?�'7
Grantor/BornMer Auhurn FITS LLC T
(irantee /Assignee /Rene li ca at City of Auburn
Legal Description /SIR. NW 'A S 12 —'1 21 N — R4
Assessor s Tae Parcel I)#- 122104-9041 & 122104- 9042
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 b% the Grantor herein, Grantor, Auburn BTSI, 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 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 am
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.
t;GL7"pESY I3T'CORDINv ON
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Water Easement
Page I uf6
Said Grantor shall not in any way block, restrict or impede access and egress to or
from said Easement Area, and /or in anv wa} block, restrict or impede full use of the real
property within the above - described Eascmcnt 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 GII 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 Late 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 (;) 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 C ity 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 immediatcl} 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 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 convex 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
Pave 2 of 6
IN WITNESS WHEREOF said corporation has caused this instrument to be executed by
its proper officers) this -- N day of A\) 3012.
AUBURN BTSI, LLC,
a Delaware limited liability company
By' PDC Scattic, LLC.
a Delaware limited liability company
Manager
By
STATE OF WASHINGTON)
) ss
COUNTY OF KING 1
Brynestad Family 3, LLC
a Washington limited liability, -impany,
Manager
By
Bart Brynestad,
Sole Member
I certify I have know or have satisfactory evidence that TR y iyi` STA
and Is�' re the person(s) who appeared before me, and
said person(s) acknowledged that he /she /they signed this instrument on oath stated that
'she /they was /were authorized to execute the instrument and acknowledge as the
4 IYk'PYV_ and
S— a limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument
Dated 18�;L> —I 2.01 L
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NOTARY9" can __
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Watei Easement
Page 3 of 6
(Lf� 1ko V-Rix - SP I NoF:&Pl
Notary Public in and for the State of Washington
Residing at Y— N� C lea TT�
My appointment expires 2-0IZ
ICSA Laundiy Faciltt\ \Legal Documents\21112
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT
A strip of land 15.00 feet in width, being a portion of Parcels 3 and 4 of City of Auburn Short Plat
Number SPL0015 -90, recorded under Recording Number 9111040979, records of King County,
Washington, 7.50 feet of such width lying on both sides of the following described centerline;
COMMENCING at the Northeast corner of said Parcel 3;
THENCE North 81 °14'46" West, 103.58 feet along the North line of said Parcel 3 to a point herein
after referred to as Point "A" and the TRUE POINT OF BEGINNING;
THENCE South 09 °59'06" West, 20 18 feet to the terminus;
TOGETHER with a strip of land 15.00 feet In width, 7.50 feet of such width lying on both sides of
the following described centerline;
COMMENCING at foresaid Point "A"
THENCE North 81 "14'46" West, 243.38 feet along the North line of said Parcel 3,
THENCE North 88 "47'08" West, 117.35 feet along said North line to the Easterly margin of
Frontage Road;
THENCE South 04 °04'13" East, 12.62 feet along said Easterly margin to the TRUE POINT OF
BEGINNING,
THENCE South 48 °57'51" East, 50.85 feet;
THENCE South 04`12'00" East, 84.55 feet;
THENCE South 85 048'00" West, 15.79 feet;
THENCE North 85 "48'00" East, 15.79 feet;
THENCE South 04 °12'00" East, 135.35 feet;
THENCE South 01'35'50" East, 141 74 feet;
THENCE South 24 °05'50" East, 98.67 feet,
THENCE South 46 °35'50" East, 4.38 feet;
THENCE South 43 °24'10" West, 15 30 feet to the Easterly margin of Frontage Road,
THENCE North 43 °24'10" East. 15.30 feet:
THENCE South 46 °35'50" East, 6.56 feet to a point on a non - tangent curve, the radius of which
bears North 41 °54'10" East;
THENCE Southeasterly along the arc of a curve concave to the Northeast, having a radius of
382.02 feet, through a central angle of 18 "00'00 ", and an arc length of 120.01 feet;
THENCE South 65 °18'46" East, 150.05 feet;
THENCE South 23 °57'53" West, 14 43 feet;
THENCE North 23 °57'53" East, 14.43 feet;
THENCE South 65 °18'46" East, 33.00 feet to a point herein referenced to as Point "B ";
THENCE CONTINUING South 65 °18'46" East, 19.46 feet;
THENCE South 88 032'07" East, 55.64 feet to the East line of said Parcel 4 and the terminus;
Nate( Easement
Page 4 of 6
TOGETHER with a strip of land 10.00 feet in width, 5.00 feet of such width lying on both sides of
the following described centerline;
BEGINNING at a point herein referenced to as Point "B ";
THENCE North 24 °41'14" East, 25.61 feet to the terminus;
TOGETHER with a strip of land 20.00 feet in width, 10.00 feet of such width lying on both sides of
the following described centerline;
COMMENCING at the Northeast corner of said Parcel 3,
THENCE South 01 °12'52" West, 22048 feel along the East line of said Parcel 3 to the TRUE
POINT OF BEGINNING;
THENCE North 88 °34'31" West, 55.98 feet to the terminus.
TOGETHER with a strip of land 20.00 feet in width, 10.00 feet of such width lying on both sides of
the following described centerline;
COMMENCING at the Northeast corner of said Parcel 3;
THENCE South 01 °12'52" West, 240.48 feet along the East line of said Parcel 3 to the TRUE
POINT OF BEGINNING;
THENCE North 88 °34'31" West, 6.96 feet to the terminus.
Water Easement
Page 5 of 6
N4'04'1 3"W - 117.35'
12.62' N88'4708 W
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N48'57'51 "W
50 85'
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EXHIBIT "B "
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POINT "A "�
S8I^ 14'46 "E
20.16' IS' P.O.C. -�I1
NE CORNER PARCEL 3
a
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PARCEL 3 w
APN 122104 -9042
AUBURN
�\TY (f � \5_c3o3 588355.98'
--------- - - - - -- N88'34'31 'W
6.96'
N46'35'S0"W
PARCEL 4
4.38' APN 122104 -9043
N46'35'50'W
6.56' A= 18'00'00"
\�-.02'
L120
�S•� ` =120.01'y POINT
\� N65'1 8'46 "W
N8578. 33.00'
to
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\ 4.43' TS,
_ _\ �',,,4.43'
N65'18'9 46'
� .46'
SCALE.
HORIZONTAL 1" =100' VERTICAL N/A
�4 KENT, WA 98032
(425)251 -6222
(425)251 -8782 FAX
Water 1-mement
Paee 6 of 6
25.61
For: PANATTONI
)EVELOPMENT COMPANY
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55.64' 4
JOB NUMBER
15285
15285L.008.DOC
IIIIB: SHEET
WATERLINE EASEMENT
EXHIBIT 1 1 „T 1