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Home My WebLink About20111020000140 WATER EASEMENT 01/25/2011 07 (6 09) Return Address: City of Auburn City Clerk Auburn,WAn 98001 1 20111020000140 PACIFIC NW TIT EAS 66.00 PAGE-001 OF 005 10/20/2011 10:08 KING COUNTY, WA Above this line reserved for recording information. (,�,� WATER EASEMENT - I �r FAC 10-0001 Reference#(if applicable): N/A Grantors/Borrowers: Charles M Lyden and George H Lyden Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW'/ 57—T2I N—R5E Assessor's Tax Parcel ID#: 072105-9012 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantors herein, Grantors, Charles M Lyden and George H Lyden hereby convey and warrant to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property ("Easement Area") for the purpose of laying, maintaining, and installing a water main line AND APPURTENANCES THEREOF, said Easement Area being a portion of the above- designated Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A"AND`B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. Said documents were filed of FIRST AMERICAN U51 tCj record as an accommodation only. It has not been examined as to proper execution or as to its effect Easement upon tine. Page 1 of 5 EXCISE TAX NOT REQUIRED By � records Kin?: C o. ,Deputy 0Nwo J'1 rn$AD'vre 1 Said Grantors 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 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 Grantors grant 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 Grantors additionally grant 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, Grantors 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. Easement Page 2 of 5 • • IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this it day of AfURfta/ , 2011. Li lit. i 10 di 1111P` i t latur i 1 r ar...'"4„..... Signature / • STATE OF WASHINGTON) )ss. COUNTY OF KING ) / • I certi i,that I know or hav satisfactory evidence that 4 I • - •• • i , . and (ifurno I is/are the person(s who app-ared before'me, and said individual(s)4c nok wledged that he/she/they signed this instrument i and acknowledged it to be his/her/their free and voluntary act for the uses and pm-poses mentioned in this instrument. Dated // / %%%min% 4-1,0-ec—, (-1-- 4171 i c w•,,, ON-• oo° Go RNA C . cv&o b Cr `;4.0 ATs Notary Public in for t ie State o Washington z AP:o residing at b io NOTARY z a, p� My appointment expires %//&/ 3,043 "I, %%%%%W;S ",• HS/tlb • File: til284 REF.H:\Development\Projects\Peterson Freezer AdditionkFAC 10-0001 Peterson Freezer Addition\.egal Documents\2010 Easement Page 3 of5 • • Exhibit "A" Water Easement to the City of Auburn Tax Parcel 0721059012 That portion of the following described property That portion of the southeast quarter of the southwest quarter of Section 7,Township 21 northrRange 5 east, W.M., in King County, Washington,described as follows: Commencing at the southwest corner of said Section 7; thence north 86°28'54"east along the southerly line of the southwest quarter of the southwest quarter of said Section 7, 1049.36 feet to the southwest corner of said southeast quarter of the southwest quarter; •thence north 00°28'39"west along the westerly line of said southeast quarter of the southwest quarter 1317.02 feet to the northerly line of said southeast quarter of the southwest quarter; thence north 86°19'51"east along said northerly line 393.52 feet to the Point of Beginning; thence south 06°18'09"cast 99.97 feet; thence north 86°19'51"east 276.35 feet,to the west margin of the State Highway No.5 (Auburn Way North)as established by deed to the State of Washington recorded under Recording No 3715489; thence northerly along said westerly margin to the northerly line of said southeast quarter of the southwest quarter; thence south 86°19'51"west along said northerly line,290.86 feet to the Point of Beginning. Lying in a strip of land 15.00 feet in width being 7.50 feet on both sides of the following described centerline: Commencing at the northeast corner of Lot A of City of Auburn Boundary Line Elimination No.BLA 10-0001, filed under Recording Number 20100408000792, records of King County, Washington; I thence South 87°34'40" West,along the the north line thereof,a distance of 38.69 feet to the True Point of Beginning; � thence leaving said north line,South 47°32'10" East,a distance of 3.94 feet; thence North 87°27'50"East,a distance of 38.77 feet; thence South 47°54'03"East,a distance of 9.81 feet; thence South 02°45'55"East,a distance of 231.54 feet; thence South 42°18'45" West,a distance of 42.68 feet; • thence South 02°39'59" East,a distance of 124.89 feet; thence South 88°44'03" West,a distance of 332.12 feet; thence North 45°29'58"West,a distance of 78.36 feet; thence North 88°15'39" West,a distance of 165.76 feet to the easterly margin of`U"Street Northeast and • the terminus of said centerline easement. Situate in the City of Auburn,County of King,State of Washington. It is the intent of this description that sidelines be extended and/or truncated to intersect boundary lines and intersections. or.,-irz5::na_ susil�•,mn H � F MI ,/'O0 • • / c - /tom ' r AN `.66b1 ..... _ o 9,313965 p �W to;6/S LMO SpQ It y`-/89D Easement Page 4 of 5 Exhibit "B" Water Easement to the City of Auburn SE—SW 7, T21N, R5E, W.M. mg H C0 z- Z o.0 m F o CD F (> W W CD. m -N ,� z� ov s02'39'5TE 124.89' NOT TO SCALE SO2 45'S5'E 231.54 `Svc,, N X -i ia. F o+ n °S. I m m i b°a 15'r I Z[9 m W O B, ? O• cri t, Q W N- C N m 7 N g CO ru m o m �o m i a s - a '^ 2 H I ° , o- w g 0...g.{-4g 2 p V. 7.5' .4 C1U N � m m in p1 H. 'D' SfNE61' NORTHEASTWO i � yci N if N4 0 I 2 '' it ,9 38965 % #7/04, c!SA D L 54241 Easement Page 5 of 5