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HomeMy WebLinkAbout20060110002489 WATER EASEMENT 011006` czt . - I a -2-(,aS 08647 Return Address: City of Auburn City Clerk 25 west Main Auburn, WA 98001 20060110002489 PACIFIC NW TIT EAS 38.00 PAGE001 OF 007 01/10/2008 15:42 KING COUNTY, WA Above this line reserved for recording information. EASEMENT (-2.8 Reference # (if applicable): N/A Grantor/Borrower: Pacific Resources Associates LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 18, Township 21, Range 05 Assessor's 'Fax Parcel 1D#: 7331400-401 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, Pacific Resources Associates LLC, a Delaware limited liability company, hereby conveys 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 property for the purpose of construction, repair and maintenance of a FIRE HYDRANT, AND UNDERGROUND 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. Grantee shall have the right to enter upon said Easement for the purpose of use, maintenance, inspection, construction, repair or reconstruction of the above improvements. Grantor may use the Easement area for any reasonable use not inconsistent with the purposes of this Easement, provided that Grantor shall not construct or place above-grade structures within the Easement area and shall not plant vegetation on the Easement area without prior written approval of Grantee, further provided that the Easement area shall be credited toward any landscaping or pedestrian amenity requirements, not subject to a numerical standard in the Auburn City Code, applicable to any future development permits for the Property described in Exhibit C, regardless of whether the Easement is actually landscaped or planted. By way of example, such credit may not be used to reduce the code-specified depth of a street frontage landscaping buffer, but it may be used to reduce the length of such frontage to which the buffer requirement applies. No excavation shall be made within the easement area and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. 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. Grantee hereby agrees to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages, claims, and expenses arising out of or related to the rights herein granted to Grantee and/or its contractors, employees, agents, or assigns. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of hoye.mbtr, 2005. Pacific Resources Associates LLC, a Delaware limited liability company By: Name: Kirsten Day Its: Vice President A cep rov d. DEC 5 2005 Peter B. Lewis, Mayor Date STATE OF OREGON ) )ss. COUNTY OF 060-& On this ,x'14 d-day of k)a %*,kA.,,Pir', 2005, before me personally appeared KIRSTEN DAY, to me known to be Vice President of Pacific Resources Associates, Inc., the Delaware limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year first above written. C*TKALSM TRACY HAAW MORNE NOTARY PUBUC-OREGON COMMISSION NO. A382602 MY COMMISSION EXPIRES SEPT 4, 2008 STATE OF WASHINGTON ) ) COUNTY OF Signature: Name (Print): T►'~el~ c f e NOTARY PUBLIC in and for the State of Oregon, residing at My appointment expires: On this -1, day of7hee- ee4 b e✓ , 2005, before me personally appeared PETER B. LEWIS, to me known to be Mayor of the City of Auburn, the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipality, far the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. A&sw o 0.1ss10ti y ~$,ignature: ~+ar 1 J ,%me (Print); u, SAL p?ATARY PUBLIC in and for the State of Wishin ton residing = at r/~ t2tE ~a,, J 'CIC - g ,.o~I 'y appointment expires: IQ Z- S -0 Page 1 of 1 PROPOSED EASEMEN Portions of River View Addition to Auburn, according to the plat thereof recorded In Volume 9 of Plats, page 90, In King County, Washington, said portion described as follows: Commencing at a point of intersection with the east margin of "A" Street SE and the northerly margin of Cross Street SE; Thence South 72016'40" East along the northerly margin of said Cross Street SE 38.34 feet to the true point of beginning; Thence continuing South 72016'40" East along said northerly margin 7.51 feet; Thence leaving said northerly margin North 17043'20" East a distance of 7.50 feet; Thence North 72016'40" West parallel with and 7.50 feet northerly of said northerly margin of Cross Street SE a distance of 15.00 feet; Thence South 17°43'20" West a distance of 3.72 feet; Thence South 45031'02" East a distance of 8.39 feet to the true point of beginning. Easement area Includes 98 square feet (0.0022 acres), more or less. [The basis of bearings for this acquisition description is NAD 83-91, based on coordinates supplied by INCA Engineers for geodetic control performed in 1995.1 001esm1:040719 ~ ~RL tAt~~ 1~-..- N8912'19"E 3 92.61' t o 3 ~ u~i S8912'19'W 0 ABRAHAM'S 130.07' 4 VC Z ° 20 a u N ~ O a o 21 a V1 (A 6 N O ~+D o V +T o rm yF (N07 70 SCALE) s~ L& EASEMENT Yl ~P SPmE 1 Z AREA 1 0 26 T.P. O.B. S8912'19'w 119.89' f $ 3 L4 z a AOD;T1 N TO AUBURN d 4 u 27. P GE 26 d a w ri W L1 S01'03'08'W 20.01' L2 S89'1 1'00"W 27.02' L3 SO) V3'08'W 20.00' L4 N891219"E 20.01' L5 N01'03'08'E 20.00' L6 S7216'40'E 7.51' L7 N1 7'43'20"E 7.50' LS N7216.40-W 15.00' L9 S17'43'20"W 3.72' L1O S45'31 '02'E 8.39' N 5 3 u V O a W a 6 U > 31.67' S89'12'19"W o yJ 22 1~ V •c~ O ~ PROPOSED1 LP O g? 16 40 F ~4 R-O-W ?42J3 4: o~ i 23 a i 83.41' 9122'19"E 192.85' 0 60 y 120 180 GRAPHIC SCALE Owner: Pacific Resources LLC Title Report No: 440226 Tax Parcel No: 733140-0401-02 Total Parcel Area = 91.981 SQ. FT. Remainder Area = 91,981 SQ. FT. Easement Area = 98 SQ. FT. i o ~flQ i - E AHBL. INC. 1204001.3 \F-HYD-ESMT. Reviewed by. Date: Approved by. Date: Cmro>? Exhibit 8 P oject En e g ngineer 7G Page t o City Weer WASHII3GTON W z V MMW 1 G of 1 EXHIBIT C PARCEL A Lots 4 and 5 and the south half of Lot 3, Block 3, Abraham's Park. Addition to Auburn, according to the plat thereof recorded in Volume 27 of Plats, page 26, in King County, Washington; TOGETHER WITH that portion of vacated "B" Street Southeast, described as follows: Beginning at the northwest comer of Lot 3, Block 3, Abraham's Park Addition to Auburn; Thence south along the west line thereof, 20 feet to the TRUE POINT OF BEGINNING; Thence west parallel with the north line of said Lot 3, a distance of 10 feet; Thence south parallel with the west line of said Lot 3, a distance of 20 feet; Thence west parallel with the north line of said Lot 3, a distance of 15 feet; Thence south parallel with the west line of said Block 3, a distance of 80 feet; Thence east parallel with the north line of said Lot 3, a distance of 25 feet to the west line of said Block 3; Thence north along said west line 100 feet to the TRUE POINT OF BEGINNING. PARCEL B: The south 20 feet of Lot 4 and all of Lots 5 and 6, Block 2, Abraham's Park Addition to Auburn, according to the plat thereof recorded in Volume 27 of Plats, page 26, in King County, Washington; TOGETHER WITH Lot 6, Block 3, Abraham's Park Addition to Auburn; AND TOGETHER WITH the west half of vacated "B" Street SE adjoining said south 20 feet of Lot 4 and all of Lots 5 and 6, Block 2; AND TOGETHER WITH the vacated portion of "B" Street SE, lying south of a line connecting to the southeast corner of said Lot 5, Block 2, with the southwest corner of Lot 5, Block 3, and north of the south line of said Abraham's Park Addition to Auburn; AND TOGETHER WITH that portion of the south 40 feet of Lot 20 and all of Lot 21, River View Addition to Auburn, according to the plat thereof recorded in Volume 9 of Plats, page 90, in King County, Washington, lying west of said Block 2, Abraham's Park Addition to Auburn; AND TOGETHER WITH that portion of Lots 22 and 23, River View Addition to Auburn lying west of a line drawn at right angles to the north line of said Lot 22 at a point thereon which is south 88°0$'30" west, 79.10 feet from the northeast corner of the west 500 feet of said Lots 22 and 23; EXCEPT that portion thereof deeded to Auburn for Cross Street SE, described as follows: Beginning at the southwest corner of Lot 23, River View Addition to Auburn, according to the plat thereof recorded in Volume 9 of Plats, page 90, in King County, Washington; Thence east along the south line of said Lot 23, 232.29 feet; Thence northwesterly to a point on the east marginal line of "A" Street SE, said point being 17.0 feet north of the northwest corner of said. Lot 23; Thence south to the point of beginning of this exception.