HomeMy WebLinkAbout8404190843 STORM EASEMENT 041984N
hereinafter termed "Grantor".
WITNESSETH:
That the said Grantor for val
grant unto the Grantee a perpetual
and across the following described
AC Ae
AGREEMENT made this 24th day of February ,.19 84, by and bet-
ity of Auburn, a municipal corporation of King County, Washington,
termed "Grantee" and
sler, owners
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E A S E M E N T
and
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uable consideration does by these presents
easement for storm drainage through, over,
property situated in king County, Washington:
THE EAST 50 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THAT PORTION OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP
21, NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4;
THENCE WEST ALONG THE NORTH LINE THEREOF 60 RODS, MORE OR LESS, TO EASTERLY
MARGIN OF NORTHERN PACIFIC RAILWAY COMPANY'S RIGHT-OF-WAY; THENCE SOUTHERLY
ALONG SAID EASTERLY MARGIN 13 1/3 RODS; THENCE EAST 60 RODS, MORE OR LESS, TO
POINT ON EAST LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 13 1/3 RODS SOUTH OF
POINT OF BEGINNING; THENCE NORTH ALONG SAID EAST LINE 13 1/3 RODS TO POINT OF
BEGINNING; AND EXCEPT THE WEST 515 FEET THEREOF; AND EXCEPT THAT PORTION
CONVEYED TO CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER AUDITOR'S
FILE NO. 6449057;
TOGETHERWITH THAT PORTION OF NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION
1, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 1; THENCE NORTH 0-00-50 WEST 12.50 FEET ALONG THE EAST LINE OF
SAID SUBDIVISION TO SOUTH MARGIN OF 37TH STREET NORTHEAST; THENCE ALONG AN ARC
OF A CURVE HAVING A TANGENT BEARING OF SOUTH 78-27-47 WEST A RADIUS OF 1524.41
FEET A LENGTH OF 58.24 FEET AND A DELTA ANGLE OF 2-11-21 RIGHT TO POINT THAT
INTERSECTS THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 87-30-40 EAST 57.43
FEET ALONG THE SOUTH LINE OF SAID SUBDIVISION TO POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
For consideration of Grantor granting said easement to Grantee, the Grantee
agrees to comply to the following conditions:
1) That Grantee, City of Auburn, will restore Grantors' property to a condition
as good as or,better than the premises were prior to entry by the Grantee, City
of Auburn.
2) The City will exercise its best efforts.not to damage any private improvements
on the easement herein, but if it does. so, it shall repair and/or replace said
improvements.
3) Restoration--replacement--repair--shall be completed within 90 days of the date
of any entry by the District and said restoration--replacement--or repair will be
of a quality and/or quantity that is comparable or better than existed prior to
the Grantee's entry upon the easement.
4) The above set forth conditions shall apply not only to the initial construction
but also to any re-entry by the City of Auburn that becomes necessary for repair
and/or maintenance:'
5) Grantor reserves. the right to free access and use of the surface and area above
said easement. Grantee's easement being limited to the installation of an under-
ground drainage- .system..
6) This easement shall be perpetual only if construction is commenced upon the
property herein within fifteen (15) years from the date of this instrument; if
construction is not begun then this easement shall terminate with all rights of
Grantee being extinguished forever.
7) Any .damages of:' property __incurred, pertaining to construction and/or
maintenance . by , City. of Auburn shall. be- paid by Grantee to includ it i-no~.
be limited to business interruption, if any.
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City of Aubm * Log ! Dt
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That said Grantee shall have the right without prior institution of any
suit or proceeding at law, at times as may be necessary, to enter upon said pro-
perty for the purpose of constructing, repairing, altering, or reconstructing
said facility, or making any connections therewith, without incurring any legal
obligation or liability therefore; provided.that such constructing, repairing,
altering, or reconstructing of said facility shall be accomplished in such a
manner that the private improvements, existing in this easement shall not be
disturbed or destroyed, or in the event that they are disturbed or destroyed;
they will be replaced in as good a condition as .they were immediately before the
property was entered upon by the Grantee.
The Grantor shall retain the right to use the surface of said easement, so
long as said use does not interfere with the installation and maintenance of the
facility and so long as no permanent buildings or structures are erected on said
easement. Large trees which may interfere with the future installation, main-
tenance, or repair of the storm facilities shall not be planted within the
easement.
This easement shall be.a covenant running with the land and shall be
binding on the successors, heirs, and assigns of both parties hereto.
DATED this 24th day of February , 19 84 -
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, the undersigned, a Notary Public in and for the State of Washington,
duly commiss' ed a d sw rn,'hereby tify t4i#t on this day personally appeared
before me
to me known to be the individual(s) des i ed in and who executed the foregoing
instrument and acknowledged that theys gned and sealed the same as their-free
and voluntary act and deed for the uses and purposes therein mentioned f
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Al.
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GIVEN under my hand and seal this 24th day of February 'k1'"84''.:w ,
NOTARY LIC IN-AND FOR TIiESTAT OFa`~ ,o'
WASHINGTON, RESIDING AT Afihrfrn♦'i''' ~~h°
REF. EASEMENT8
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RECORD AND RETURN TO:
City of Auburn' LBO D98""t
25 West Main SbA
Aubum, WA 98001