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HomeMy WebLinkAbout9701021305 STREET EASEMENT 0102974- AFTER RECORDING, RETURN TO: Citv of Auburn 25 West Main Street Auburn, WA 98001-4998 ATTN- City Clerk PUBLIC ROADWAY AND UTILITIES EASEMENT f7pr DO (o - (O 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 ledged, and fe( benefits to be derived by the Grantor herein, Grantor, tt 1- gar- r- V %%a -tir hereby convey d warrants to the CITY OF AU , Grantee herein, a Municipal Corporation of the State of Washington, its successors and assigns, a perpe al 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 Lots 1 and 2 of Auburn Short Plat No. 6-86, recorded under Recording Number 8805240946, in King County, Washington; 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; (Also known as Lot 1 of Lot Line Adjustment No. LLA-0022-90, Recording No. 9008231142); Together with: Beginning at the northwest comer of the above described 30 foot strip of land; Thence North 00.06-02 West along the northerly prologation of the west line of said 30.00 foot strip of land, a distance of 34.94 feet, to the L~ point of a curve of a curve concave to the northeast whose radius point bears North 89-53-58 East and is 35.00 feet distant; Thence southeasterly along said curve through a central angle of 89-54-29, an arc distance of 54.92 feet, to the point of tangency on the north line of said 30.00 foot strip of land; M Thence South 89-59-29 West along said north line, a distance of 34.94 feet, to the point of beginning. ff;x,"031 hq Containsrsquare 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. SPI-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, 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. ca i° cc rn a D K:71 K.1 ca x n.. x CC a g N C7 CD r` os 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 1-4 of Short Plat No. SPL0001-92 or (2) Grantee constructs an additional public street necessary for an east/west connection route between Auburn Way North d t q.h p tr and "B" Street NW, which connects to and duplicates this Easement. S ~ t ~ f 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 boding on the +Wessors. heirs and assigns of all parties hereto. M Co M n V2 Given under the threat of and in lieu of eminent domain. C> --I tali - Dated this'&ay of p e 19 ~ - G7 _ C7 lz' ~ P+J ~ G7 ,nr STATE OF WASHINGTON ) Cl) ss. COUNTY OF KING ) I, a undersigned a Notary Public in and for the State of Washington, duly coginvssioned and swom, hereby certify that on this / 2"~day of ~ personally appeared before melt. e, t 14 in ~b to me known lobe the individual(s) described in and. o executed t' tie u ✓ , 19 _ _ oregomg instrument and acknowledged thatkr sign anse. -e a same as free and voluntary act and deed for the uses and i purposes herein mentioned. GWEN , order my hand and seal this j 1. day of 19 L PARCEL B NO. 936000-0091 rn n I~7 G M --C NOTARY PUBLIC IN AND FOR THE /J STATE OF WASHINGTON, RFSIDI_N9 AT [ ((t tic + MY COMMISSION EXPIRES 6~