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HomeMy WebLinkAbout20040409002328 WATER EASEMENT 040904, It 'Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 200404E09002328 PACIFIC PAGENI OF 006 KINGBCOUNTY16WA0 Above this line reserved for recording information. WATER MAIN EASEMENT FAC03-0031 Reference # (if applicable): N/A J ~NW Grantor/Borrower: J & J Auburn, LLC Grantee/Assignee/Beneficiary: City of Auburn Q Z " Legal Description/STR: SW '/o, 31-22-05E Assessor's Tax Parcel ID#: 936060-0090, 000400-0024 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of7 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 12-inch water main AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERE19 AND'BY TP'IfISied fc REFERENCE MADE A PART HEREOF. "'.vest Titic u, aocomr~c_..._ it, has not:),, examined as to prnper ettec uWn jai This easement is given under the threat of and in lieu of AT-rUftrtV or""btf.. 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. Casement deemed necessary by the Grantee. Easement Page l of 6 Said Grantor shall not in anyway 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, O corporation has caused this instrument to be executed by its proper officer(s) this day of 2004. orized Signature Authorized Signature W W/bi File: #961 REF. H:Development\Forms\Legal Documents\2004 Easement Page 2 of 6 s► STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that _Jo (in W 4-_1 1~F rL-- is/are the person( who appeared before me, and said person acknowledged that ' e7she/they signed is instrument on oath stated that he/she/they as/were authorized to execute the instrument and acknowledge as the r" I At of ..--1 r=[ t.,,. b_ , ~ LL a limited liability company, to be the free and voluntary act a such party for the uses and purposes mentio ed it the instrument. Dated Q.~ q t oL L. Bqp~; •5►~N to ~r1oYAAy M U to 01 (P PUBI-kc I$ " 190, 2rti L Notary Public in and for the St tero Residing at`~ z e ~,t~ My appointment expires a h 61 tF- Easement Page 3 of 6 EXHIBIT A 15' PUBLIC WATER LINE EASEMENT THAT PORTION OF LOTS 1 AND 2 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 48.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE SOUTH LINE OF SAID LOT 1, NORTH 89° 031 4511 EAST FOR 349.77 FEET; THENCE NORTH 0° 38'02" WEST FOR 129.47 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID LOT 2, NORTH 89° 03' 45" EAST FOR 226.14 FEET; THENCE SOUTH 0° 56'15" EAST FOR 64.00 FEET; THENCE NORTH 89° 03'41 " EAST FOR 21.40 FEET TO THE EAST LINE OF SA ID LOT 2; THENCE ALONG SAID EAST LINE, NORTH 0° 43'49" WEST FOR 15.00 FEET; THENCE SOUTH 89° 03'41 " WEST FOR 6.46 FEET; THENCE NORTH 0° 56' 15" WEST FOR 64.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID LOT 2, SOUTH 89° 03' 45" WEST FOR 241.06 FEET; THENCE NORTH 0° 38'02" WEST FOR 5.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID LOT 2, NORTH 89° 031 4511 EAST FOR 21.99 FEET; THENCE NORTH 0° 46'33" WEST FOR 15.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID LOT 2, SOUTH 89° 03' 45" WEST FOR 21.95 FEET; THENCE NORTH 0° 38'02" WEST FOR 131.75 FEET; THENCE SOUTH 89° 03'40" WEST FOR 225.62 FEET; THENCE NORTH 0° 53'25" WEST FOR 8.84 FEET; THENCE SOUTH 89° 13'27", WEST FOR 15.00 FEET; THENCE SOUTH 0° 53'25" EAST FOR 8.88 FEET; Easement Page 4 of 6 EXHIBIT A (CONTINUED) THENCE SOUTH 89° 0-3)'40" WEST FOR 107.30 FEET TO THE WEST LINE OF SAID LOT 1; THENCE ALONG SAID WEST LINE, SOUTH 0° 11'55" WEST FOR 15.00 FEET; THENCE NORTH 89° 03'40" EAST FOR 333.14 FEET; THENCE SOUTH 0° 38'02" EAST FOR 266.22 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID LOT 1, SOUTH 89° 03'45" WEST FOR 334.80 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 1, SOUTH 0° 43' 49" EAST FOR 15.00 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Easement. Page 5 of 6 ea•.rw• e nv-• exr RKxn9 a nr• m,~ror a ed~r - n- ?sP EXHIBTB ' P PUBLIC WATER LINE EASEMENT O i. e 91l• 7 e x on r x gee xe y e Ft A I^' y 6; 2 n~ qo~,~. ~p oo l: A pp9 CQ ~2Sj 1 A ,D EFEES~.E~.c:~ FFTTFFFFU- Ww_o66G66CGG~~ b ~p~pp~pg.~1~pg~uV~s~ 8S-it8i8~8.~~iS~ Easement Page 6 of 6 'C' STREET NE