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Home My WebLink About20120510001398 UTILITY EASEMENT 10/13/11 HIST AMERICAN Li -V-V.°C, IIIIII! DIN 1110111W 111111 taci 20120510001398 . FIRST AMERICAN EAS 69.00 PAGE-001 OF 008 05/10/2012 15:24 KING COUNTY, WA Return Address: Auburn City Clerk _ TM NOT REQUIRED City of Auburn 1"@.'1)I'4s:Astor s Di:=-ion 25 West Main St. Auburn, WA 98001 �f' DePutY RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Utility Easement Reference Number(s) of Documents assigned or released: ❑Additional reference#'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) State of Washington, State Board for Community and Technical Colleges, Green River Community College, acting through the Department of Enterprise Services Grantee/Assignee/Beneficiary: (Last name first) Auburn, City of Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) 9 21 05 ®Additional legal is on page 6-7 of document. Assessor's Property Tax Parcel/Account Number 092105-9020 ❑Assessor Tax#not yet assigned • Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. UTILITY EASEMENT FAC10-0005 Reference#(if applicable): N/A Grantor/Borrower: State of Washington,State Board for Community and Technical Colleges,Green River Community College, acting through the Department of Enterprise Services Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 'A S9—T2 I N—R5E Assessor's Tax Parcel ID#: A portion of 092105-9020 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, Green River Community College 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 street. lighting cabinet, telecommunications pull box, 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 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 for said entry that is not caused by the Grantee's negligence. Said Grantee shall have the right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. • Utility Easement Page I of 7 Said Grantor shall not[this is not true for access from the Parent Parcel, 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 and the Parent Parcel, 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. Without the written approval of the Grantee, the Grantor shall make no excavation within three (3) feet of said lighting or telecommunications service facilities or change the surface level of the ground within the Easement Area from the current elevation. The Grantee shall not unreasonably withhold such approval. 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 as good as or better than 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 lighting or telecommunications facilities. The use of such additional area shall he 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 as good as or better than 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. The parties intend that the benefits, burdens, and obligations set forth in this Easement shall run with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. • Utility Easement Page 2 of 7 • IN WITNESS WHEREOF,the parties subscribe their names. STATE OF WASHINGTON State Board for Community and Technical Colleges, . Green River Community College Acting through the Department of Enterprise Services Howard S. Cox. Chief Property Officer Facilities Division Real Estate Services Date: /0`13—I/ Ja�ford, deputy D'rec r Dat ID f APPROVED AS TO FORM: By: Date: lb / II /II Assistant Attorney General • Utility Easement Page 3 of 7 STATE OF WASHINGTON )ss. County of Thurston ) • I. the undersigned, a Notary Public, do hereby certify that on this t„.., day of CC uLy.(- , 20 j personally appeared before me HOWARD S. COX, Chief Property Officer. Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in and who executed the within'instrument. and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes And uses therein mentioned,and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. & WOOD STATE NOTARY PUBLIC N Notary Public it and for the Stag of Washington,' STAI't OF WASHINGTON I Residing at"tJ\ Y1 Ly 11 CO;�;;;; Si0N EXPIRES t My commission expires ll —a N NOVEMBER 24. 2014 STATE OF WASHINGTON )ss. • County of Thurston ) - . �1 I, the undersigned, a Notary Public. do hereby certify that on this 1g113. ;day of 1 /CIO . 20 U , personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise Services. State of Washington. to me known to he the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. R. ATWOOD •TARY PUBLIC Notary Public in and for the State of Washington. r STATE OF WASHINGTON : Residing at 7k A.L COMMISSION EXPIRES My commission expires I NOVEMBER 24, 2014 HS/tlb File: #1290 REF: H:\Development\Projects\GRCC - 124TH ST IMP\Legal Documents\2011 Utility Easement Page 4 of 7 EXHIBIT A CITY UTILITY EASEMENT STR:SEI/4-SWI/4-S9-T2IN-RSE,W.M. •PARCEL 092105-9020-08 (REFERENCE:PACIFIC NORTHWEST TITLE COMPANY SUBDIVISION GUARANTEE#1109771 02/17/10) • A UTILITY EASEMENT TO THE CITY OF AUBURN OVER, UNDER AND ACROSS A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,TOWNSHIP 21 NORTH,RANGE 5 EAST,W.M. IN KING COUNTY AND DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (SOUTHEAST 320Th STREET)BY DEED RECORDED UNDER RECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD1(124T" AVENUE SOUTHEAST)BY DEED RECORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SAID SOUTHEAST 320TH STREET AND THE EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. 1 RECORDED IN VOLUME 87 OF PLATS ON PAGES 39 TO 41,IN KING COUNTY,WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122p1D AVENUE SOUTHEAST TO THE NORTHEAST CORNER OF SAID ADDITION; THENCE NORTH 03°01'47"EAST 75 FEET; THENCE SOUTH 88°45'00"EAST 92 FEET; THENCE NORTH 01°10'00"WEST 178.84 FEET; THENCE NORTH 86°44'10" WEST TO THE SOUTHEAST CORNER OF LOT 75 OF THE LEA HILL VILLAGE DIVISION 3-A, ACCORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLATS, PAGE 74, IN KING COUNTY,WASHINGTON; • THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAID SUBDIVISION; • AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7510080361; • SAID UTILITY EASEMENT TO THE CITY OF AUBURN MORE PARTICULARLY DESCRIBED AS FOLLOWS: (THE BEARINGS OF SAID UTILITY EASEMENT DESCRIPTION ARE BASED ON WASHINGTON STATE PLANE NAD-83 CITY OF AUBURN HORIZONTAL DATUM AND DIFFER FROM THE BEARINGS OF THE ABOVE DESCRIBED TRACT OF LAND): • COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND; • Utility Easement Page 5 of 7 ' I i THENCE NORTH 88°41'03"WEST ALONG THE NORTH LINE OF SAID TRACT 15.00 FEET; THENCE SOUTH 01°09'40" WEST 241.90 FEET TO THE BEGINNING OF AN 1165.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF • 02°47'56"AN ARC DISTANCE OF 56.91 FEET; THENCE SOUTH 01°38'16" EAST 168.87 FEET TO THE BEGINNING OF AN 1144.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°36'35" AN ARC DISTANCE OF 32.14 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT; • THENCE CONTINUING ALONG SAID 1144.00 FEET RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 1°1121"AN ARC DISTANCE OF 23.74 FEET; • THENCE S 01°09'40"W 3026 FEET; THENCE N 88°50'20"W 15.00 FEET; THENCE N 01%940"E 30.26 FEET TO THE BEGINNING OF A 1129.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1112117" AN ARC DISTANCE OF 23.74 FEET; • THENCE S 88°50'20"E 15.00 FEET TO THE POINT OF BEGINNING AND THE TERMINUS OF SAID; UTILITY EASEMENT. SAID UTILITY EASEMENT CONTAINING 810 SQ.FEET,OR 0.02 ACRES,MORE OR LESS. s G. Lod ,Reid iddleton � �W"' �° it sr • 128 134'"St.SW 101:: /` �'•' Everett WA 98204 425/747.3800 of, f: ir . 124'5_, ;��.t' • ,,,,,, • Utility Easement Page6of7 • . , i I EXHIBIT B I 7 — 130'130' ! I IIy/ 115.00' 5 88'41'03" E /_ _ r_ - CURVE RADIUS LENGTH DELTA Cl 1165.00' 56.91' 747'56' C2 :1c 44.00' 32.14' 10361356: m C3 144.00' 23.74' 121 a I �� — C4 129.00' 23.74' 217 a 3 UNE ARING DIAE g L7 01'09'40'. E 06 o t _ L2 88'50'20" E 50 o L3 1'09'40' W c 318th iWAY L4 N 88'50'20' W 15.00r co PROPOSED I RIGHT—OF—WAY---.„ I— W W jlv atO PARCEL # % Q o I THIS MAP DOES NOT 0921059020-08 REPRESENT A PROPERTY n . 0 SURVEY AND 00ES NOT ,C � z PURPORT TO SHOW ALL EASEMENTS OF RECORD. in (\I POINT OF tp it - CC2---...- I BEGINNING `` II G. LOd PROUttSED CITY L I I `v.`Qa i40 e' v3.02SACRES) 1 6 fr Zz. "c' 30'I30' ,.>.. . : r< PROPOSED U11UTY EASEMENT I "4'•/1STS".. . / : — SW CI II S.E. _ 320TH. ST. SEC EC, 9. WP IS _ 4„ ..... If/ .ir S 88'55'12" E — —SQL I5E, W.M. *• 728 134th Street SW-Suite 200 l R;ei�d iddleton Everett,Washington 98204 .... E Ph:425141-3800 i Utility Easement Page 7 of 7