HomeMy WebLinkAboutWater Utility Esmnt to COA 20220113001768Instrument Number: 20220113001768 Document:EAS Rec: 5209.50 Page -1 of 7
Record Date:1/13/2022 4:59 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY ANTHONY TAYLOR, DEPUTY
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information
WATER UTILITY EASEMENT
Reference # (if applicable): N/A
Grantor: Valley Regional Fire Authority, a Washington Municipal
Corporation
Grantee: City of Auburn, a Washington Municipal Corporation
QSTR: SW -7-21-5
Assessor's Tax Parcel ID#: 745992-0010
Abbreviated Legal: Lt 1, RPM -Auburn; Vol 126/84-85 (Full Legal Exhibit A)
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, Valley Regional Fire Authority
("Grantor") hereby conveys and warrants to the City of Auburn, a Washington municipal
corporation, its successors and assigns ("Grantee"), a perpetual Nonexclusive Easement, legally
described in Exhibit A, and depicted in Exhibit B ("Easement Area") for the purposes of access,
inspection, laying, maintaining and repair to the water utility and appurtenances thereto. This
easement shall burden the above -designated Tax Parcel ("Parent Parcel") legally described in
Exhibit C:
SEE EXHIBITS "A", "B" AND "C", ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Grantee shall have the absolute right, at times as may be necessary, for immediate entry
upon said Easement Area for the purpose of maintenance, inspection, construction, repair or
reconstruction of the above improvements without incurring any legal obligation or liability
therefore.
Grantee shall have the absolute right to place any type of driving surface within the
Easement Area deemed necessary by the Grantee.
Grantee shall have the absolute right to relocate the easement on the Grantor's property,
provided that the easement relocation area does not substantially interfere with Grantor's
operations or existing structures. Grantor shall not be entitled to any compensation associated with
the easement relocation.
Grantor shall not in any way block, restrict or impede access and egress to or from the
Easement Area, and/or in any way block, restrict or impede full use of the real property within the
Easement Area by the Grantee for the above-described purposes. Other than what might exist at
the time of execution of this easement, no building, wall, rockery, fence, trees or structure of any
kind shall be erected or planted, nor shall any fill material be placed within the boundaries of the
Wes- 109571$
1ST AMO
Instrument Number: 20220113001768 Document:EAS Rec: 5209.50 Page -2 of 7
Record Date:1/13/2022 4:59 PM King County, WA
Easement Area, without the express written consent of the Grantee. With Grantee permission,
Grantor may fence across said Easement Area and/or along the boundaries of the Easement Area,
provided that a gate is constructed in the fence. The 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 the gate
is to be locked, keys shall be provided to the Grantee.
Without the written permission of the City Public Works Director and City Engineer, no
excavation shall be made within three (3) feet of the water service facilities and the surface level
of the ground within the Easement Area shall be maintained at the elevation as currently existing.
Grantor shall have the right to relocate the existing water utility should Grantor elect to
redevelop, improve, or have some other specific need, cause or desire. If Grantor desires to have
the utility relocated Grantor shall work with Grantee in good faith to determine a new location that
is acceptable to both parties. As part of the relocation Grantor shall provide Grantee with a
complete legal description describing and depicting the new agreed upon location for the utility
and both parties agree to record a new utility easement substantially in the same form as this
easement describing and depicting the new agreed upon location. Immediately following
recording of the new utility easement or Grantor's abandonment of those facilities described
herein, whichever happens last, Grantee shall execute a release of easement for that area described
in Exhibit A and depicted in Exhibit B. All costs and fees associated with the utility relocation,
including permit fees, construction costs, survey, recording of a new utility easement and release
of the abandoned easement shall be the responsibility of the Grantor.
Grantor accepts all risk of loss to Grantor's property and its improvements and further
agrees to defend, indemnify, and hold harmless Grantee, its consultants, employees, elected
officials, agents, representatives, or designees from all liability, claims, damages, losses, and
expenses, whether direct, indirect, or consequential, including, but not limited to, reasonable
attorneys' fees, expert witness fees, and other expenses of litigation resulting from personal injury
or property damage arising out of or in connection with Grantee's water utility facilities within the
Easement Area.
Grantor grants to the Grantee 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 Grantee's right of ingress and egress shall include such other areas within the Parent Parcel as
the Grantee 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 Grantee 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 Grantee or
its agents.
Grantor additionally grants to the Grantee, the use of such additional area immediately
adjacent to the 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
Grantee shall return the property to a condition reasonably comparable to its condition as it existed
immediately before entry and/or work was performed by the Grantee 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 Grantee's use of the Easement Area.
This Easement shall be a covenant running with the Parent Parcel shall burden said real
estate, and shall be binding on the successors, heirs and assigns of all parties hereto.
Instrument Number: 20220113001768 Document:EAS Rec: 5209.50 Page -3 of 7
Record Date:1/13/2022 4:59 PM King County, WA
VALLEY REGIONAL FIRE AUTHORITY, a Washington Municipal Corporation.
//0/2-712
Brad Thompson, Fire Chief Date
STATE OF WASHINGTON )
) ss.
County of .Y-*\ V\ )
The undersigned Notary Public hereby certifies: That on this kQ dayofh-20.2.7- ,
personally appeared before me d 7\--%0rnp (name),
��� Ch�e•� (title), to me known to be the individual(s) described in and
who executed the within instrument, and acknowledged that he/she signed and sealed the same as
his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath
stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
i
�t
j
T
SSp��` is O _-
/ 'b,f 1 R `WAS\'``��.��
2) te-kQAn-N e, Y-� . tea\Y-QQ y '
Notary Public in and for the State of Washington,
Residing at \C -Dun -VA
My commission expires
Instrument Number: 20220113001768 Document:EAS Rec: 5209.50 Page -4 of 7
Record Date:1/13/2022 4:59 PM King County, WA
CITY OF AUBURN, a Washington Municipal Corporation,
4'. - 10 - -'..
11qancy BIZ4
s, Mayor Date
STATE OF WASHINGTON )
A \ r ) ss.
County of 1 V 11 )
The undersigned Notary Public hereby certifies: That on this 1l day of , 20 22,
persgn�lly appeared before me NMI[" �"S (name),
M& (title), to me known to be the individual(s) described in and
who execut d the within instrument, and acknowledged that he/she signed and sealed the same as
his/her free and voluntary act and deed, .for the purposes and uses therein mentioned, and on oath
stated that he/s e Q
duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
SION
�� aZ1AH Scti4��i
202198 N
"
/it G� WASN`�
Notary Public 'n and for the State of Washington,
Residing at IA N WPI
My commission expires
Instrument Number: 20220113001768 Document:EAS Rec: 5209.50 Page -5 of 7
Record Date:1/13/2022 4:59 PM King County, WA
EXHIBIT A
Legal Description of the Easement Area
A Water Easement located within the Southwest Quarter of the Southwest Quarter of Section 7,.
Township 21 North, Range 5 East of the Willamette Meridian, King County, Washington, being and
comprising a portion of Lot 1, RPM -Auburn" according to the plat recorded in Volume 1.26 of Plats, Pages
84 and 85, records of King County, Washington, lying within the limits of a strip of land 15.00 feet wide
and having 7.50 feet: of such width to each side of the following described centerlines:
Commencing at the Northwest Corner of said Lot 1, thence along the West Line of Said Lot 1 South
10:12'09" West a distance of 222.28 feet to the POINT OF BEGINNING;
Thence'leaving said West Line South 87047'03" East a distance of 7,50 feet to a point hereinafter
referred to as Point A.
Thence continuing South 8'7047"03" East a distance of 108..01 feet;
Thence South, 8101.2'17" East a distance of 55.40 feet to the East tine of said Lot 1, also being the
Westerly Right of Way Margin of D Street Northeast, and the terminus of this centerline description.
TOGETHER WITH
Beginning at aforementioned Paint A, thence North 1012'09" !East a distance of 21.50 feet and the
terminus of this centerline description.
EXCEPT any portion lying within D Street Northeast,
The sidelines of this water easement being lengthened or shortened as necessary to intersect upon
themselves, the West Line of Lot 1 and the westerly Right of Way Margin of D Street .Northeast,
Containing an area of 2,774 square feet, more or less.
The Basis of Bearings for this description being the calculated bearing of South 00038'42" West along
the monumented centerline of D Street Northeast, as determined between the monuments at 15'"
Street Northeast ( COA MON 609-012) and the first southerly point of curvature (COA MON °610-013).
b.
52833 f;
Instrument Number: 20220113001768 Document:EAS Rec: 5209.50 Page -6 of 7
Record Date:1/13/2022 4:59 PM King County, WA
N
N
NW CORNER
Liar' 1
NO112'03"E
POB
7.50• P0VMVrA
EXHIBIT B
Depiction of the Easement Area
I Ol 1 'R41
RpMA05
VO% -1x6
SCALE. 1'=56 FEET
0 25 .50 too
TPN 745992-0010
1101 D ST NE
EXISTING
BUILDING
k!
LN
/
o
] '14lAT7F'p
EXISTING • S 87'4]'I73"` E 105:01' lVv
BUILDING L2 S 81'12'17" E 55AV q
F.
52833 A*
>v�
12-'0Z2020
THIS DRAWING IS TO ACCOMPANY THE LEGAL DESCRIPTION FOR THE
SNA'TER EASEMENT AND DOES NOTREPRESENT A BOUNDARY SURVEY
OB,15�
CITY OF AUBURN EXHISIT`B"
PUBLIC WORKS DEPARTMENT WATER EASEMENT
elvl+v; 25WEST ,MAIN -AUBURN, WA DEPICTION
.. "Vw M4y&Tyl`.1
Instrument Number: 20220113001768 Document:EAS Rec: 5209.50 Page -7 of 7
Record Date:1/13/2022 4:59 PM King County, WA
EXHIBIT C
Parent Parcel
LOT 1, RPM -AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 126 OF PLATS AT
PAGES 84 AND 85, RECORDS OF KING COUNTY, WASHINGTON.
EXCEPT THE EASTERLY 5.50 FEET THEREOF CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY
PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBERS 20211228000600
King County Parcel Number: 7459920010