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HomeMy WebLinkAbout9701021304 EASEMENT 010297s '~5 3(_ zz.- 4- AFTER RECORDING, RETURN TO: City 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 acknowledged, and for benefits to be derive by the Grantor herein: Grantor, I r cn, ~ C--gL-Q n I- u S - 111 eao ('flea r t u... ~ C ~ oU G~ , RLA-,;'1 n W t hereby conveys and w ants 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 3, 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 4950 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 1i✓ 4 of Short Plat No. SP1.0001-92, 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, 1 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, inspection, construction, repair or reconstruction of the roadway and utility improvements. 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 or cause to be installed utilities necessary for the use and development of Short Plat SPL0001-92. 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. This Easement shall remain in effect until such time as (1) the Grantee determines that legal, adequate, and safe public access exists to Lots 14 of Short Plat No. SPL0001-92 or (2) Grantee constructs an additional public rstreet 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 b%equired to E~Oire, by voluntary purchase or the payment of just compensation pursuant to eminent domain, any portion of the Easement which th~6rMtee det Ines is necessary and appropriate for public use. e7 This Easement shall be a covenant running with the above described real property and burden said real estate, and shall be Z1-4V,4,-'h the stfflMsors, heirs and assigns of all parties hereto. Z; U. m Ln 0 U h9 acs >r s °c f CL 0 4 f~ CA Given under the threat of and in lieu of eminent domain. Dated this 3j day of n . 19 96 ~I avz~~ ~ Cc. OD~ G t_' CP TYt C> C:1 C 4 O C? CO Cr2 M tC? i71 M C7 ^4 CO STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 1, the undersigna Notary Public in and for the State$,f Washington, duIcmmissioned and sworn, hereby certify that on this day of 19 personally appeared be ore mef2td u*/if p ~hi known to be the individual(s) described in an- w ioexecuted t ire arc instrument and acknowledged that signeid!ea-led the same asm free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN under my hand and seal this day of '199 OTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING ATC lr•-- h4YCOMMISSIONEXPLRES `~---oj-3 PARCEL C NO. 936000.0092