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HomeMy WebLinkAbout20120614000802 WATER EASEMENT 06/18/2010 ST AMERICAN LO211,-1'J 09. 2/- 0.s((o/(1) 111 1 HUN 1111111111111 111 11 20120614000802 FIRST AMERICAN EAS 67.00 PAGE-001 OF 006 Return Address: 06/14/2012 12:25 City of Auburn KING COUNTY, WA City Clerk 25 West Main Auburn, WA 98001 ^ . jT al" =o Nor.,.n -'irii" Deputy Above this line reserved for recording information. Said documents were filed of WATER EASEMENT record as an accernrr:ndar-.n ooly. FAC10-0002 It ` •s npt t .gr, e: rron , as !Cr (7'0orrr 6xecutrOtl or cS LO It L. fP2t Reference#(if applicable): N/A Grantor/Borrower: Valley Regional Fire Authority Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE 'A S9—T2 IN—R5E lsa4. Assessor's Tax Parcel ID#: 092105-9022 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, Valley Regional Fire Authority 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 fire hydrant, 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. 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 of6 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 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 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 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 6 IN WITNESS WHEREO td corpora n has caused this instrument to be executed by its proper officer(s) this 11 `day of JAM ' . 2010. tAISMAX- Authorized Signature Authorized Signature STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that_ C.L e (2&r%.c4no.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 AMA MNf s't,>d/L of a fire authority, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated (p f/s II 0 +isoul t Ant_ t. Palv k to o S P "''► ; y . Notary Publ' inI^and. or thei� t4S[�t t f Washi �t n P "' g residing at Lt")�, tOti I.J J11-ti'1 Viii,I, a ` 9•210% _gip My appointment expires ,3----2.- 4 i aC0 tit twetWASO\,.= HSftlb File: #1286 REF. H:\Development\Projects\VRFA #34\FAC 10-0002 VRFA #34\Legal Documents\2010 Water Easement Page 3 of 6 l • EXHIBIT "A" LEGAL DESCRIPTION: PUBLIC WATER EASEMENT THAT PORTION OF A SUBDIVISION OF LAND, DESCRIBED AS FOLLOWS: THE SOUTH 282.85 FEET OF THE WEST 365 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE S EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD (124th AVENUE SOUTHEAST) ; (ALSO KNOWN AS LOT A, KING COUNTY LOT LINE ADJUSTMENT NO. 8812027, RECORDED UNDER RECORDING NO. 9006081706) ; EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 9109191513; AND EXCEPT THAT PORTION BEGINNING AT THE NORTHWEST CORNER OF THE HEREINABOVE DESCRIBED SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID • SUBDIVISION SOUTH 88°03'22" EAST A DISTANCE OF 11.00 FEET TO A LINE BEING PARALLEL WITH AND 11.00 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE SOUTH 01°09'47" WEST A DISTANCE OF 248.00 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 9.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 44°27'55" FOR AN ARC DISTANCE OF 6.98 FEET TO THE NORTH LINE OF THAT CERTAIN PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES RECORDED UNDER RECORDING NUMBER 9109191513, RECORDS OF SAID COUNTY AND BEING A POINT ON A CURVE HAVING A RADIUS OF 25.00 FEET, THE RADIAL CENTER OF SAID CURVE BEARS NORTH 46°41'52" EAST; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 62°48'41" FOR AN ARC DISTANCE OF 27.41 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE NORTH 01°09'47" EAST A DISTANCE OF 232.21 FEET TO THE POINT OF BEGINNING. EASEMENT No 1: SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID SUBDIVISION SOUTH 01°09'47" WEST A DISTANCE OF 17.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTH 01°09'47" WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH 88°51'13" EAST A DISTANCE OF 10.00 FEET; THENCE 01°09'47" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH 88°51'13" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. Page l of 2 June 3,2010 KENNETH R.ANDERSON &ASSOCIATES,INC. 08-027c Exhibit A-Water Easements Legal Description 20100528.doc Water Easement Page 4 o f 6 - EXHIBIT "A"-CONTINUED PUBLIC WATER EASEMENT LEGAL DESCRIPTION: EASEMENT No 2: SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE ;VEST LINE OF SAID SUBDIVISION SOUTH 01°09'47" WEST A DISTANCE OF 239.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTH 01°09'47" WEST A DISTANCE OF 8.68 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 9.00 FEET; THENCE CONTINUING ALONG THE WEST LINE OF SAID SUBDIVISION SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 44°27'55" FOR AN ARC DISTANCE OF 6.98 FEET; THENCE SOUTH 89°07' 50" EAST A DISTANCE OF 7.50 FEET; THENCE NORTH 00°52' 10" EAST A DISTANCE OF 15.00 FEET TO A LINE BEARING SOUTH 89°07'50" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 89°07'50" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. g0R• AN. it ..: ,� d . AL LA41D • Page 2 of 2 lune 3,2010 KENNETH R.ANDERSON &ASSOCIATES,INC. )8-027c Exhibit A-Water Easements Legal Description 20100528.doc Water Easement Page 5 of6 EXHIBIT "B" PUBLIC WATERLINE EASEMENT A PORTION OF THE NW 1/4 OF 1HE SE 1/4, SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON I N. UNE LOT °A', BLA I POINT OF BEGINNING — EASEMENTS NO. 1 AND 2 TPOB EASEMENT NO. 1. 40' 30' 11-- 10x35 WATERLINE EASEMENT NO. 1 I w I [n I Q PORPOSED ADDITIONAL 11.00' RIGHT—OF—WAY DEDICATION TO THE CITY OF AUBURN (EXCEPTION) _ v'. ,:>; Im 1. 1N PORTION OF LOT "A°, w KING COUNTY BOUNDARY UNE ADJUSTMENT, I 3 RECORDING NUMBER 9006081706 40' 30 WOO EASEMENT NO. 2. I 15' WATERUNE EASEMENT NO. 2 N. LINE, DEED TO KING Cdlt 9,, J R=9.00' COUNTY FOR RIGHT—OF—WAY, ?5 RECORDING NO. 9109191513 SE 31 4Th STREET c/ �,t, R. Aka I° e .F WAS �� I �� to '4 • AND ASSOCIATES.R. ANDERSON 1 J 5 AND ASSOCIATES, INC. 'rr ,; 1�, • G`�JOG°34C�1 4 NOT TO SCALE ° VBFA FMB STATION PVT HQL) c�l, C '��ti0 •.% \ DATE MAY 24, 2010 (TAX PARCEL NO(S). 092105 9022 ,� rON4L. LANG SJ 1 SHEET 1 OF 1 • p Water Easement Page 6 of 6