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HomeMy WebLinkAbout20150807000628 WATER EASEMENT 02/21/2015 - 21 CI uCP i9 After recording return document to: 1111111111 1111111111111111111111 City of Auburn 20150807000628 ATTN: City Clerk FIRST 001 ERIC007ERS 78.00 25 West Main Street - 08/07/2015 12:02 KING COUNTY, WA Auburn, Washington 98001-4998 WATER EASEMENT FAC13-0004 Reference # (if applicable): N/A Grantor/Borrower: Green River Community College Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW '/ S9-T21 N-R5E Assessor's Tax Parcel ID #: a portion of 162105-9020 The Grantor, GREEN RIVER COMMUNITY COLLEGE for and in consideration of mutual and offsetting benefits, does hereby quitclaim and convey unto the City of Auburn. a municipal corporation of the State of Washington, and its agents or assigns a permanent, non- exclusive easement over, under, upon and across the real property described in Exhibit "A" attached hereto and incorporated by this reference, together with the rights of ingress and egress for the purpose of laying, maintaining and installing water main improvements and appurtenances thereof, to be constructed by Grantee, including grading, stock piling, excavating and restoring the real property and/or the improvements. The water easement is described in Exhibit "B" attached hereto and incorporated by these references. Upon completion of construction of the water main improvements, Grantee shall restore the easement area to a condition as close as reasonably possible to its pre construction condition while maintaining the integrity of the improvements, or to such other state of restoration as mutually agreed upon by the parties. Grantor shall not perform any activities that may damage improvements built or constructed within the easement areas, including the planting of vegetation with damaging root structures or performing any excavation that would have the effect of weakening the support said improvements. Said Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary to enter upon said easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Stud documents were toed a t WVi V as on auuulur'IooamQn only Water Easement Page I of 7 tt hcs not been exarnireod as to prow eMecution OF as to ita offpxr, tAps14'tithe. EXCISE TAX NOT REQUIRED Kin! C• R= -�. � ; • BY A 1. .1M : .2 Deputy • Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. 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. The Easement shall be a covenant running with the land and shall be binding on the successors, heirs and assign of parties hereto. • Water 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 Departm nt of Enterprise Services, John • ols, al Estate Operations Manager Re state Services Date: 7, APPROVED AS TO FORM: , By: Assistant Attorney General Date: 2 / / /20 (5.- STATE OF WASHINGTON) )ss. COUNTY OFTHURSTON ) I 1 I certify that I know or have satisfactory evidence that Jo h h Ni r eY 1D`_S is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged as the titoSeateszzliapailf Manager of Real Estate Services, Department of Enterprise Services, a Public Agency, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated%N.a\an- 21 I S' tf °C Nv V 13v '3 L pO Tq� �� i a i � - k I Ciauo I S Notary Public in and the State of Wigton % c� '% "a residing at u� onnik, LAIR- r OA „I4`18t�O .= My appointment expires II.—Z/-{—(g /�Ifl -vASH1N�',t,.�� Water ff3ftewitN S Page 3 of 7 • EXHIBIT A WATERLINE EASEMENT STR: SE1/4-SW1/4-S9-T21N-R5E, W.M. PARCEL 092105-9020-08 (REFERENCE:PACIFIC NORTHWEST TITLE COMPANY SUBDIVISION GUARANTEE#1109771 02/17/10) A WATERLINE EASEMENT 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 320w STREET)BY DEED RECORDED UNDER RECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (124Th 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 122ND AVENUE SOUTHEAST TO THE NORTHEAST CORNER OF SAID PLAT; 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; AND EXCEPT THAT PORTION CONVEYED TO CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20120510001399. Page 1 of 3 H:\DOC\22Sv\13\005 GRCC 320th St Easements\Legals\092105-9020-08 Waterline Exhibit A.doc Water Easement Page 4 of 7 SAID WATERLINE EASEMENT 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): A STRIP OF LAND, 15.00 FEET IN WIDTH, BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH,RANGE 5 EAST,W.M.; THENCE NORTH 88°55'12"WEST 244.75 FEET ALONG THE SOUTH LINE OF SAID SECTION 9; THENCE NORTH OI°04'48"EAST 30.00 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF.LAND; THENCE CONTINUING NORTH 01°04'48" EAST 7.00 FEET TO A LINE PARALLEL WITH AND 37.00 FEET NORTH OF, AS MEASURED PERPENDICULAR THERETO THE SOUTH LINE OF SAID SECTION 9 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01°04'48" EAST 9.11 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH,BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; • COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH,RANGE 5 EAST,W.M.; THENCE NORTH 88°55'12"WEST 547.06 FEET ALONG THE SOUTH LINE OF SAID SECTION 9; THENCE NORTH 01°04'48"EAST 30.00 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE CONTINUING NORTH 01°04'48" EAST 7.00 FEET TO A LINE PARALLEL WITH AND 37.00 FEET NORTH OF,AS MEASURED PERPENDICULAR THERETO THE SOUTH LINE OF SAID SECTION 9 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01°04'48" EAST 14.55 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. TOGETHER WITH A STRIP OF LAND, 15.00 FEET IN WIDTH,BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE CENTERLINE INTERSECTION OF SOUTHEAST 320Th STREET AND 122N° AVENUE SOUTHEAST; THENCE NORTH 01°04'03" EAST 216.17 FEET ALONG THE CENTERLINE OF SAID 122ND AVENUE SOUTHEAST; Page 2 of 3 H:\DOC\22Sv\13\005 GRCC 320th St Easements\Legals\092105-9020-08 Waterline Exhibit A.doc Water Easement Page 5 of 7 THENCE SOUTH 88°55'57"EAST 26.00 FEET TO THE WEST LINE OF THE ABOVE DESCRIBED PARCEL; THENCE NORTH 01°04'03" EAST 18.85 FEET ALONG SAID WEST LINE TO A POINT HEREINAFTER KNOWN AS POINT"A"; THENCE CONTINUING NORTH 01°04'03"EAST 5.05 FEET ALONG SAID WEST LINE; THENCE SOUTH 88°55'57"EAST 7.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01°04'03"WEST 6.10 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION; THE SIDELINES OF THIS EASEMENT EXTENDED OR TRIMMED TO MEET THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE AFOREMENTIONED POINT"A", SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT CONCAVE TO THE WEST HAVING A RADIUS OF 50.00 FEET,AND FROM WHICH THE RADIUS BEARS SOUTH 04°39'37"WEST; THENCE EASTERLY, SOUTHERLY AND WESTERLY 150.81 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 172°48'52", TO THE WEST LINE OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 0l°04'03" EAST 99.80 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID WATERLINE EASEMENT CONTAINING 449 SQ.FEET,OR 0.01 ACRES,MORE OR LESS. • 4, own/04 Reid iddleton - 1281341°St SW P v 0 t' . Everett,WA 98204 �v'� .� 425/741-3800 • 1 Page 3 of 3 H:\DOC\22Sv\13\005 GRCC 320th St Easements\Legals\092105-9020-08 Waterline Exhibit A.doc Water Easement Page 6 of 7 EXHIBIT B WATERLINE EASEMENT 1 7.50'-0.- � 1.D 7.50 y CUM:RUNE PROPOSED 15' �`F - ■19 0\ i WATERLINE EASEMENT POIg 'A' G S 0 RUNE W ENT \ SCE Os� w S 8655'57' E �, RASE -6/`T?• SE CORNER, SW 1/4, /' 28.00 2� '�• SEC. 9, TV/P. 21 N, / / 2 ^ RGE..5 E. W.M. w 3 a to '^ PROPOSED RIGNT-OF-WAY to i 3Oy Q z PARK /44 " /!i DETAIL TAX PARCEL NO. >`�C / / 0921059020 , P.O.B. CENIETQINE PROPOSED 15' >f/ °^ P®J N WATERLINE A SENT 4' // / ti ✓ PROPCEED RI Y :o^% x /A Y NOT NI ? ^^ // c REPRESENT AE PROPERTY P DETM / 'b ' c& SURVEY AND DOES NOT • . T 4 / c� p , PURPORT 7'0 SHOW ALL /' �" EASEMENTS OF RECORD. N P.O.B. ,gym ,,, a a �2,�\/ // n. WS• ,c�G. [�,_ ''o C \ / / 2 $'c0a"tieg�.. �1w ` ae c.- X71 64%, Mii! '''r TOTAL PROPOSED t_ WATERLINE EASE/ADM 44QTS0,}7_ SCALE IN FEET 718 134th dad SI-Sub 200 we me ' Reid ' i(I(I I C I O n Everdt,Iteivion s€204 0 100 200 - - - Pfr 425 741-MI SCALE: 1. = 100' DATE: 05-03-13 I:\22\2013\005\0921059020-EAS.DWG Water Easement - Page 7 of 7 •