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HomeMy WebLinkAbout20040409002327 SEWER EASEMENT 040904Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20040409002327 PACIFIC NW TIT EAS 23.00 PAGE001 OF 005 04/09/2004 16:00 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER EASEMENT FAC03-0031 Reference # (if applicable): N/A Grantor/Borrower: J & J Auburn, LLC 3 Grantee/Assignee/Beneficiary: City of Auburn l Z Legal DescriptioniSTR: SW'/4, 31-22-058 (Vq g O l 2 _ Assessor's Tax Parcel I D#: 936060-0090,000400-0024 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, J & J Auburn, LLC, 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 under, over, through and across the following described real property for the purpose of laying, maintaining, and installing 8-inch Sanitary Sewer Main AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED FIERET&AND-BY THIS-0 filled 9ov REFERENCE MADE A PART HEREOF. record;.,;'.' F -.-'i,vest Title as aocommGt.-.---...:,,r. It has not bees This easement is given under the threat of and in lieu of Enut1ni~ anti goperexecuWn or ta title. 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. Sanitary Sewer Easement Page I 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. 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, aid corporation has caused this instrument to be executed by its proper officer(s) this day of m1JV , 2004. dthorized Signature Authorized Signature W W/bi File: #961 REF. H:Development\Forms\Legal Documents\2004 Sanitary Sewer Easement Page 2 of 5 STATE OF WASHINGTON) ) ss COUNTY OF KING ) 1 certify I have know or have satisfactory evidence that --~fl h n I t<f is/are the person who appeared before me, and said person acknowledged that he/she/they signe this instrument on oath stated that he/she/they as/were authorized to execute the instrument and acknowledge as the f1 E of J `r J b , N L_ L a limited liability company, to be the free and voluntary a 6t of such party for the uses and. purposes mention~_() in the instrument. Dated 03 a t P .1...... ► V f . Q 1407q,9r y~ ~•.,,o, to N.A':, pV9LIC IF 1~•~ fir.......... p'( V F_k~~ . ( I- - &(M Notary Publ' the Stat f W shin on Residing at v1 IV My appointment expires r ! 9) F b Sanitary Sewer Easement Page 3 of 5 r ~ EXHIBIT A 15' PUBLIC SANITARY SEWER EASEMENT THAT PORTION OF LOT 1 OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA 03-0012, RECORDED UNDER RECORDING NO. 20030908001215, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT 1, NORTH 89° 03'45" EAST FOR 30.00 FEET; THENCE NORTH 0° 43' 49" WEST FOR 24.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 42° 06'39" EAST FOR 19.36 FEET; THENCE NORTH 89° 06'47" EAST FOR 320.25 FEET; THENCE NORTH 0° 53' 13" WEST FOR 15.00 FEET; THENCE SOUTH 89° 06'47" WEST FOR 326.78 FEET; THENCE SOUTH 42° 06'39" WEST FOR 9.67 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 1, NORTH 890 0314511 EAST FOR 22.09 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Sanitary Sewer Easement Page 4 of 5 V STREET NE a.1_'so R it, it S 00'43'49 E 260.06 1 ?7005 1 N 07'11 55 E iS8.10' l410' 9b fxj lit ' ~M~o~ B PUBLIC SANITARY SEW R EASEMENT t•._ l W ~ r- N ¢ 11 1' • ;YFO I O 'c' c~ fT7 . I Sr1Ulo1 I . / - Q VDAL 1 a 1 ,n rwo s Ref 3 0,3 r-~_~+•I f-'L-~ l ~ ( `~-.d' N O1l T?2• C 169.?6' Sanitary Sewer Easement Page 5 of 5