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HomeMy WebLinkAbout20231109000604 FAC21-0013 Water EasementInstrument Number: 20231109000604 Document:EAS Rec: 5207.50 Page -1 of 5 Record Date:11/9/2023 2:00 PM Electronically Recorded King County, WA Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WATER EASEMENT FAC21-0013 Reference # (if applicable): N/A Grantor: Copper Gate North, LLC Grantee: City of Auburn Legal Description/STR: Section 31, Township 22N, and Range 5E Assessor's Tax Parcel ID#: 936060-0340 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, Copper Gate North, LLC -hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of the State of 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 and appurtenances thereto, the Easement Area being a portion of the above -designated King County Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", 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. FAC21-0013 Water Easement Page 1 of 5 Instrument Number: 20231109000604 Document:EAS Rec: 5207.50 Page -2 of 5 Record Date:11/9/2023 2:00 PM King County, WA 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. 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 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. 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 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. FAC21-0013 Water Easement Page 2 of 5 Instrument Number: 20231109000604 Document:EAS Rec: 5207.50 Page -3 of 5 Record Date:11/9/2023 2:00 I'M King County, WA Dated this day of M4W 12021 Grantor STATE OF WASHINGTON) ) ss COUNTY OF SPOKANE ) I certify that I lmow or have satisfactory evidence that 4kftl/\ �AvLj5av\ and Pare the person(k) who appeared be -fore me, and said person acknowledged that i she/they signed this instrument and on oath stated that he she/they&Clwere authorized to execute the instrument as the and of COPPER GATE NORIV, LLC, a limited liability company, and acknowledged it to be that party's free and voluntary act for the uses and purposes mentioned in the instrument. an I I I I# 111,14ff, N. I'll Not, 041C Notary Public in and for the State of Washington Residing at 1 4 My appointment expires( 61 El :t 7a-4 111811@1111 FAC21-0013 Water Easement Page 3 of 5 Instrument Number: 20231109000604 Document:EAS Rec: 5207.50 Page -4 of 5 Record Date:11/9/2023 2:00 PM King County, WA CORE DESIGN, INC. Bothell WA 98011 Core Project No: 19116 September 27, 2021 Exhibit "A" Legal Description —15' Water Easement A STRIP OF LAND, 15.00 FEET IN WIDTH, OVER THAT PORTION OF THE W.A. COX DONATION LAND CLAIM NUMBER 38, BEING A PART OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID STRIP HAVING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTHWEST CORNER OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA19-0008, RECORDED UNDER KING COUNTY REC. NO. 20191104900007 AND THE SOUTHWEST CORNER OF THAT PORTION OF SAID CLAIM DEDICATED AS RIGHT OF WAY BY DOCUMENT RECORDED UNDER KING COUNTY REC. NO. 20200306000969; THENCE THE FOLLOWING FIVE(5) COURSES AND DISTANCES ALONG A LINE OF SAID DEDICATION; THENCE N01°50'52"E 56.77 FEET TO A POINT OF CUSP WITH A 17.00 -FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65°50'00, A DISTANCE OF 19.53 FEET TO A POINT OF TANGENCY; THENCE S63°12'39"E 10.18 FEET TO A POINT OF TANGENCY WITH A 14.50 -FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°01'12", A DISTANCE OF 6.58 FEET TO A POINT OF TANGENCY; THENCE S89°1351"E 235.94 FEET TO THE POINT OF BEGINNING; THENCE N01°09'01"W 100.00 FEET TO THE TERMINUS OF SAID CENTERLINE; THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED, AS REQUIRED, TO INTERSECT NORTH LINE OF SAID DEDICATION; ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 09/27/21 FAC21-0013 Water Easement Page 4 of 5 Instrument Number: 20231109000604 Document:EAS Rec: 5207.50 Page -5 of 5 Record Date:11/9/2023 2:00 PM King County, WA TR 090ED 1 10 UNREC P001110 0'uj_EY WN1TE R1EE RP�TS NpM -�-F- 7.50 R=17.00 g I II A=65'50'00" C I I L=19.53 S63'12'39"E 10.18 o R=14.50 A=26'01'12" - I �� -15' WATER EASEMENT L=6.58 w ,'�o, ^ S89'13'51"E 235.94 -' 0 z CD 49Th ST NEPOINT OF BEGINNING POINT OF COMMENCEMENT DEDICATED AS RIGHT OF WAY REC, NO. 20200306000969 PARCEL A CITY OF AUBURN BLA19-0008 REC. NO. 20191104900007 R. Sp COPPER GATE PAGE tib' of .nA8 q 15' WATER EASEMENT EXHIBIT "B" 10171 lx. 12100 NE 195th St, Suite 300 � • � oa c®nBothell, Washington 98011 .p� 41299 $ .' p 425.885.7877 Fax 425,885.7963 �S ' s T EQ DESIGN SCALE. 1" = 50' r0NAL LA�9� ENGINEERING -PLANNING -SURVEYING-L.A. 0 25 50 JOB NO. 19116 g-21-21 FAC21-0013 Water Easement Page 5 of 5