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HomeMy WebLinkAbout20251203000665 Water Easement Instrument Number: 20251203000665 Document:EAS Rec: $307.50 Page-1 of 5 Record Date:12/3/2025 9:44 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY WILLIAM TIERNAN,DEPUTY Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. WATER EASEMENT FAC23-0003 Reference#(if applicable): N/A Grantor: CREF3 AUBURN OWNER LLC Grantee: City of Auburn Legal Description/STR: Section 1,Township 21N and Range 4E Assessor's Tax Parcel ID#: 158260-0014 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,CREF3 AUBURN OWNER 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 a water meter 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. FAC23-0003 Water Easement Page 1 of 5 Instrument Number: 20251203000665 Document:EAS Rec: $307.50 Page-2 of 5 Record Date:12/3/2O25 9:44 AM 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. FAC23-0003 Water Easement Page 2 of 5 Instrument Number: 20251203000665 Document:EAS Rec: $307.50 Page-3 of 5 Record Date:12/3/2025 9:44 AM King County,WA EXECUTED as of the date first written above. Developer's Authorized Signature Developer's Authorized Signature STATE OPNVA-Sli NGTONT COUNTY Ofla On this I certify I have known or have satisfactory evidence that and— is/are the person(s) who appeared before tie, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that rey, mere, authorize4, to ,e?(ecute I the instrument and acknowledge as the CREF3 AUBURN OWNER LLC, a limited liability comOny, to be the fret and voluntary act of such party for the uses and purposes mentioned ih-the)instrument. DatedPI (—: N Notary Public in and for the State of Washington .MARTIN Residing at My Nr*R-,/ID 4 y5 Expire, (;„':(y2.1 My appointment expires FAC23-0003 Water Easement Page 3 of 5 Instrument Number: 20251203000665 Document:EAS Rec: $307.50 Page-4 of 5 Record Date:12/3/2025 9:44 AM King County,WA EXHIBIT A WATER EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 4, CITY OF AUBURN SHORT PLAT NUMBER SP 27-78, RECORDED UNDER RECORDING NUMBER 7810190517, RECORDS OF KING COUNTY,WASHINGTON, LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M., KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 4, BEING A POINT OF CURVATURE TO THE LEFT, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1435.99 FEET THE CENTER OF WHICH BEARS NORTH 01°13'02"WEST; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 4,ALSO KNOWN AS THE NORTHERLY MARGIN OF 37TH STREET NORTHWEST THROUGH A CENTRAL ANGLE OF 03°33'oo° FOR AN ARC DISTANCE OF 88.97 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°35'55" FOR AN ARC DISTANCE OF 15.00 FEET; THENCE NORTH 05°03'58"WEST,2.50 FEET; THENCE SOUTH 84°56'04"WEST, 15.00 FEET; THENCE SOUTH 05°03'58" EAST,2.50 FEET TO THE POINT OF BEGINNING. (CONTAINING: 37.7 SF) 05/25/2023 . <c ' A54, - , v-,p 40016 "OA, /SLANG 21 540- CREFS AUBURN OWNER LLC 21540L.002- OBH May 25, 2023 FAC23-0003 Water Easement Page 4 of 5 Instrument Number: 20251203000665 Document:EAS Rec: $307.50 Page-5 of 5 Record Date:12/3/2025 9:44 AM King County,WA EXHIBIT B 05/25/2023 N V7i' g . ti ,: . _ V(.(c,of W A SHE/ it -.,;' El >:, ;~ 0016 , s% SCALE 1'-50' diD FciSTE.FF `� ifik s Nqt LAO 0_ 00 O 4 N CA �� �1A90511 N S84'56'04"W 15.00' N05'03'58"W S05'03'58"E 2.50 N 0 2.50' _ 37TH ST NW W o A=3'33'00" o , `, R=1435.99' (PUBLIC ROW) — �� i o L=88.97' z — A=0'35'55" 4 R=1435.99' o L=15.00' c) N P.O.C. — P.O.B. o (S.W. COR., LOT 4) N d SCALE: For JOB NUMBER HORIZONTAL 1"=50' VERTICAL N/A CREFS AUBURN OWNER LLC 21540 C/O FORTRESS INVESTMENT GROUP Li] Barghausen 21540L.002.DOC Consulting Engineers,Inc. 18215 72nd Avenue South Title: SHEET Kent,W 98032 WATER EASEMENT 425.251.6222 barghausen.com 1 of 1 DRAWN OBH (CHECKED OBH (APPROVED OBH l DATE 5/25/2023 , FAC23-0003 Water Easement Page 5 of 5