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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