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Home My WebLink About20090519000541 SANITARY SEWER EASEMENT 05062009 Return Address: City of Aubum City Clerk 25 West Main Aubum, WA 98001 200910519000 41 PACIFIC NW TI PAGE001 OF 005 KING9COUNTY10WA3 Above this line reserved for recording information. o,- SANITARY SEWER EASEMENT ,q•.«~ t • ~ FAC07-0006 l3tv A" Reference # (if applicable): N/A Grantor/Borrower: Charter Homes, Inc ~ ,~~F • Grantee/AssigneeBeneficiary: City of Auburn Legal Description/STR: NE 1/4 NW 1/4 S9 - T21N - RSE Assessor's Tax Parcel ID#: 092105-9089, 092105-9187 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, Charter Homes, Inc hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real properiy ("Easement Area") for the purpose of laying, maintaining, and installing sanitary sewer main AND APPURTENANCES THEREOF, said Easement Area being a portion of the above-designated Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said 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 incumng any legal obligation or liability therefore. , Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. Sanitary Sewer Easement Page 1 of 5 EXCISE TAX 1VOT REQLTUBi) ' g Ca. R~cordc 2 B3' { = lleputy i 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- descnbed 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 boundanes 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 sewer 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 wrthm 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 disruprion 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 addirionally 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 sewer 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. This Easement shall be a covenant running with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Sanitary Sewer Easement Page 2 of 5 I'~ IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of fAae 12009. Authorized Signature Authorized Signature STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that hA c,, Y~ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ?ti" of C:-e\ ,-t-.-.r In Q- , a corporation, to be the free and voluntary act of such'party for the uses and purposes mentioned in this instrument. Dated O'S ~►~E A. ~ " _ ~-~-,~---~w° r'~ ~ ~~-v ~ ` ~ . ..S c> 2 Notary Pu lic in and for the State crf Washington ~ Residing at C-t..~.r.~z~ My appointment expires I (D I Z~ I► Z KT/tlb File: # 1146 REF. H:\Development\Projects\Dhaliwal\L,ega1 Documents\2009 Sanitary Sewer Easement Page 3 of 5 EXHIBIT "A" LEGAL DESCRIl'TION FOR TBE SEWER EASEMENT A PORTION OF THE NORTHEAST QUARTER OF TBE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF TBE NORTHWEST QUARTER OF SECTION 9, TOWNSHII' 21 NORTH, RANGE 5 EAST, W.M., IN K1NG COUNTY, WASHINGTON DESCRIBED AS STRIl' OF LAND 15 FEET IN WIDTH TBE CENTER LINE OF SAID STRII' IS 7.5 FEET ON EACH SIDE OF TBE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF ABOVE SUBDIVISION; THENCE SOUTH 01°23'24" WEST A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF SE 304TH 5TREET; THENCE SOUTH 87051'57" EAST ALONG SAID SOUTH MARGIN A DISTANCE OF 298.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°15' 18" EAST A DISTANCE OF 115.43 FEET TO A DESIGNATED PEIINT "A"; - - - - THENCE SOUTH 00°56'OS" WEST A DISTANCE 186.80 FEET TO TERNIINATE AT THE SOUTH BOUNDARY OF ABOVE SAI D SUBDIVISION AND TERMIlNUS OF SAID CENTERLINE. BEGINNING AT DESIGNATED POINT "A"; THENCE SOUTH 68°55'32" WEST A DISTANCE OF 62.02 FEET TO TBE EASTERLY RIGHT OF WAY OF SE 304th COURT OF PROPOSED STERLING COURT SUBDIVSION AND TERMINUS OF SAID CENTERLINE. 90 F W I t ,`r o d ~ ~38992 STF'ti'a' ~NAL LA~ Sanitary Sewer Easement Page 4 of 5 , . , , f-- S! ,96'lZ£' M„ll,£'SLBN z - - ,~6'!9 ,00'09 - V' WOQ 1.u ~ Z ~ ~ ~ ~ ~ I 1 I ~ ~ ~ ~ OO ~ Zw W ~ ~w i2i:;: ~ W I ~ F- u~ ~ i-~ ~n W~. Z V1 ~ 0 gUJ < N zwtj w (n-'0O acF= (n LO Ma°°i~~ Lo °zQMZ°o ~ito,~~~ F N N~ r~'~ i~I'N I" ' w W•- W o Z cn Z~ I-: X i~ W wwC9~a. ww ~ z _ L LO w Q ~ w i- ~ x U W ~ ~ - ~ I- e ~662~0 a rn , • w o o ZU-ozz ¢ m z M w~w ~ M ~ a c~ I~- ~ \ ~ ~ j 'qLri' v o¢ O LA-03 ~2 w pzO~ (\f O ~ Zx~~ tn i i N U) I OOZOM 0 d- Wd.z S£"OL z o ~ ,02'86Z - - ' _ 0 ~ ° 133~JlS uIVN 3S Sanitary Sewer Easement Page 5 of 5