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Home My WebLink About20040708002085 WATER AND SEWER EASEMENT 070804r /S`,~ r Return Address: City of Auburn City Clerk 25 West Main Auburn. WA 98001 20040708002085 PACIFIC NW TIT EAS 23.00 PAGE001 OF 005 07/08/2004 14:40 KING COUNTY, WA Above this line reserved for recording information. EASEMENT FAC04-0002 P N WT W T1 ^t, Reference 4 (il'applicable): N/A Grantor/Borrower: Dennis Clark Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 1/4 18-21N-05E Assessor's Tax Parcel I D#: 214980-0242 For and in consideration of the sum of TEN DOLLARS ($1.0.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Dennis Clark, 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 wider, over, through and across the following described real property for the purpose of laying, maintaining, and installing 8-inch water main and 8-inch sanitary sewer main AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Easement Pagel of 5 Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement by said 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 said easement area, without the express written consent of the City.. With City permission, Grantor may fence across said Easement and/or along the boundaries of said Easement 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 real property within the above- described Easement. If said gate is to be locked, keys shall be provided to the Grantee. +a No excavation shall be made within three (3) feet of said water or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. Grantor additionally 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 water or 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 premises, the City shall return the property to a condition as 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 property that would impair or limit the City's use of the easement area. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of , 2004. Authorized Signature Authorized Signature CP/bi File: #980 REF. H:Development\Forms\Legal Documents\2004 Easement Page 2 of 5 r . STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that - and D"O" s 84aj (Ds are the person(s) who appeared before me, and said individual(s) acknowledged that fie/she/they signed this instrument and acknowledged it to be his/her/their flee and voluntary act for the uses and purposes mentioned in this instrument. Dated !v -40-d y Notary Public in and for the State of Washington Residing at /J4 My appointment expires ' -/O -a Y► r Cis ' ~p~ tP cS~ s ~A 9 4 " Y . '~N•• P 0 AZ. 'Ilk 10 tj,r( fir.. ...4y';. 1~~' O~ ~t • Easement Page 3 of 5 EXHIBIT "A" Legal Description THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 27, EAST AUBURN ACRES, ACCORDING TO PLAT RECORDED IN VOLUME 14 OF PLATS ON PAGE 41, RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG THE NORTH LINE OF SAID LOT 27, SOUTH 89' 31' 12" EAST FOR 15.00 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 27, SOUTH 0' 36',54" WEST FOR 240.97 FEET; THENCE SOUTH 44' 23' 06" EAST FOR 39.48 FEET; THENCE SOUTH 89' 23' 06" EAST FOR 29.97 FEET; THENCE NORTH 0' 34' 000 EAST FOR 10.00 FEET; THENCE SOUTH 89' 23' 06" EAST FOR 106.88 FEET TO THE EAST LINE OF LOT 28 OF SAID SUBDIVISION; THENCE ALONG SAID EAST LINE, SOUTH 0' 36' 54" WEST FOR 25.00 FEET; THENCE NORTH 89' 23' 06" WEST FOR 79.87 FEET; THENCE SOUTH 0' 36' 54" WEST FOR 38.67 FEET; THENCE SOUTH 89' 26' 000 EAST FOR 10.44 FEET; THENCE SOUTH 0' 34' 000 WEST FOR 15.00 FEET; THENCE NORTH 89' 26' 000 WEST FOR 10.45 FEET; THENCE SOUTH 0' 36' 54" WEST FOR 53.66 FEET; THENCE NORTH 89' 27' 31" WEST. FOR 15.00 FEET; THENCE NORTH 0' 36' 54" EAST FOR 48.27 FEET; . -THENCE NORTH 89' 27' 31" WEST FOR 11.95 FEET; . p M1 THENCE NORTH 0' 34' 000 EAST FOR 59.09 FEET; as+" THENCE NORTH 89' 23' 06" WEST FOR 36.20 FEET; - THENCE'NORTH 44' 23' 06" WEST FOR 51.90 FEET TO THE WEST LINE OF SAID LOT 27; 1a ~j THENCE~AL'ONG SAID WEST LINE, NORTH 0' 36' 54" EAST FOR 247.15 FEET, TO THE POINT OF BEGINNING. ~ ;'J ,'j l 1, fi5~ r' 6/3/2004 ~b sjw Easement Page 4 of 5 w r EXHIBIT "B" Utility Easement N S89'31.1 2"E 3RD ST S.E. P.O.B -ELI, 89.88 P.O.S. I I I BEARINGS k DISTANCE SHOWN I I ARE FROM RECORD OF SURVEY I BY CORDON T. PATHMAN, LS 18018 6x3/2004 FILED UNDER REC#9 03089003. I n p 0 v I n CO LINE LI L2 L3 L4 LS L6 L7 L8 L9 LID -11 L12 L13 L14 L7 5 Lib L17 L18 L19 L20 I a I ~ IN I I I I I 589'31'12"E I , I 89.88 I I I I I I I I SCALE 1" = 60' I l i C4 L6 - - - - - - - - - - - ~ I n d ~ GEARING HORI2 DIST , I S89.31'12"E 15.00 I I 50'36'54"W 24097 n I 3 S44'2306"E 39.48 ; I S89'23 06E 29.97 I I ~L~~_ co NO'34'00"E 10.00 589'2 S'O6"E 106.88 (LI6 I r-I M N S0'36'54"W 25.00 1 IL12 0 N89.23'06"W 79.87 I t/'1 SO'36'54"W 38.67 ,r,l In p S89'26'00"C 10.44 27 ;I I ,1 20 S0'34'00"W 15.00 I I I N69.26'00"W 10.45 W II I SO'36'54"W 53.66 = L4 -j N89.27'31 "W 15.00 I14 N0'38'S4"E 48.27 N89'27'3I"W 1 195 ro NO'34'00"E 59.09 o I N89 23'06"W 36.20 z I N44'23'O6"W 51.90 I NO'36'54"E 247.15 I I I 29 S89"02'00"W 179.83 B.N. RR. CO. Easement Page 5 of 5