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HomeMy WebLinkAbout9701021303 EASEMENT 010297AFTER RECORDING, RETURN TO: Citv of Auburn 25 West Main Street Auburn, WA 98001-4998 ATTN: City Clerk PUBLIC ROADWAY AND UTILITIES EASEMENT For and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration in hand paid, receipt of which is hereby ackno .DLISdged, and fo nefitsbe derived by the Grantor herein, Grantor, 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 for the purposes of PUBLIC ROADWAY and laying, maintaining, and installing PUBLIC UTILITIES AND APPURTENANCES THEREOF, said real property being described as follows: An ingress/egress easement for public roadway and utilities over the south 30.00 feet of Lot 4, City of Auburn Short Plat Number 6-86, recorded under Recording Number 8805240946, said Short Plat described as follows: a portion of Tract 17, White River Valley Home Tracts, according to the plat thereof recorded in Volume 13 of Plats, page 17, in King County, Washington. Contains 5,400 square feet of land, more or less. The purpose of this Easement is to provide public access and utilities (including storm water drainage) to certain property known as Lots 1, 2, 3, and 4 of Short Plat No. SPIA001-92, also known as Tract 16, White River Valley Home Tracts according to the plat thereof recorded in volume 13 of plats, at Page 17, records of King County, Washington. Said Grantee shall maintain the Easement in a reasonably safe condition and shall indemnify, defend, and hold harmless Grantor from any claims, damages, or liabilities (including attorneys fees) relating to or arising from the maintenance, inspection, construction, repair, design, or construction of any improvements made within the Easement. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, C) inspection, construction, repair or reconstruction of the roadway and utility improvements. M Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee and to install q_4 or cause to be installed utilities necessary for the use and development of Short Plat SPL0001-92. C4 0 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 f f h l hi h ll u use o t e rea property wit n t e above-described Easement by said Grantee for the above-described purposes. This Easement shall remain in effect until such time as (1) the Grantee determines that legal, adequate, and safe public access exists to Lots 1-4 of Short Plat No. SPLOOOI.92 or (2) Grantee constructs an additional public street necessary for an east/west connection route between Auburn Way North " " and B Street NW, which connects to and duplicates this Easement. Nothing in this Easement shall confer upon the Grantee, the public, or any other third party the right to use the Easement for purposes other than that mentioned herein. In the event of a future city connector street between "B" Street NW and Auburn Way North, Grantee shall be required to acquire, by voluntary purchase or the payment of just compensation pursuant to eminent domain, any portion of the Easement which the Grantee determines is necessary and appropriate for public use. This Easement shall be a covenant running with the above described real property and burden said real estate, and shall be btiding on the uccessors, : sE '7 . heirs and assigns of all parties hereto. t~ 1 np :0 g n -C ' t'a Given under the threat of and in lieu of eminent domain. .3 `t rGt~ M O° L: n Dated thi,7Z day of 19 ?Zl . ma M y n S1° hi C7 C:,-tn Ca rn v STATE OF WASHINGTON ss. COUNTY OF KING ) I d i N P bl i d f d h ers gne , a otary u ic or t , a }un e State A Washington, duly commissioned and sworn, hereby certify that on this day of n an - 19~_ personally appeared before me o r „p,* , to me known to be the individual(s) described in an c TwTexecuted tie T i t i d k l d d h i $ ore go rument an ng ns ac now e ge t at s gn an sealed the same as k1 S free and voluntary act and deed for the uses and hg purposes herein mentioned. 5e tt GIVEN under my hand and seal this od4a ^ J day of G C,+, j"' 19 G~7 ' N 1rh 8, NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT At~lj a y~ MY COMMISSION EXPIRES PARCEL U NO. 936000-0093 d 4 9- O1 '