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HomeMy WebLinkAbout20031110000653 SEWER EASEMENT 111003Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 / .3- / - 2, Above this line reserved for recording information. SANITARY SEWER & WATER MAIN EASEMENT FAC03-0013 Reference # (if applicable): . N/A Grantor/Borrower: Auburn 56, L.L.C./2`~ ~(V LUG Grantee/Assignee/Beneficiary: City of Auburn i Legal Description/STR: NW 1/4, 06-21-05E (0 1 Z I Assessor's Tax Parcel ID#: 092105-9085 & 9008 . For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged,.and for benefits to be derived by the Grantor herein, Grantor, Auburn 56, L.L.C., 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: Said document(s) weq flied Lv SEE EXHIBITS "A" AND "B", ATTACHED PI 40AN! ,EB'Y 11VN as REFERENCE MADE A PART HEREOF. rnmodation only. It has not been G~zamined as to proper execution or as to its affect n title. This easement is given under the threat of and in lieu of Eminent Domain. 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 & Water Easement Tract H Page 1 of 5 PAGE001 OF 005 z3.00 11/10/2003 13:19 KING COUNTY, WA K a 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, said corporation. has caused this instrument to be executed by its proper officer(s) this ay day of 2003. Authorized Signature W W/bi File: #939 REF, H:Development\Forms\Legal Documents\2003 Sanitary & Water Easement Tract H Page 2 of 5 A STATE OF WASHINGTON) )ss. COUNTY.OF KING ) I certify I have know or have satisfactory evidence that ~64'up is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as th of M:Z-~z 6&Z-LC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.. Dated /ok®3 -I~n Notary Publi in and for the State of Washington residing at fe1fA' 6& My appointment expires 9 -16.06 SUZANNE BARNES STATE OF WASHINGTON NOTARY- PUBLIC VY COMMISSION EXPIRES 2.16-06 Sanitary & Water Easement Tract H Page 3 of 5 " f , A h EXHIBIT A SEWER AND WATER EASEMENT LEGAL DESCRIPTION KINGSLEY MEADOWS PCE # TADI-0007 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER; THENCE SOUTH 85°58'25" EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION 125.83 FEET; THENCE NORTH 04°02' 10" EAST 106.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 04°02' 10" EAST 20.00 FEET; THENCE SOUTH 85°52'28" EAST 33.27 FEET; THENCE NORTH 59°43'56" EAST 34.65 FEET TO A POINT OF RADIAL INTERSECTION WITH A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 23°34'41" A DISTANCE OF 20.58 FEET; THENCE, SOUTH'5943'56" WEST 45.02 FEET; THENCE NORTH 85°52'28" WEST 39.43 FEET 0 THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL ALSO BEING KNOWN AS TRACT H, PLAT OF KINGSLEY MEADOWS. Sanitary & Water Easement Tract H Page 4 of 5 EXHI BI T.:8 L=20.58. R-50.00 A-23U4 41' 3J 7 56..•:'.' • . I o ~ SB5~228,£ 559..; .i •'bq•; N N,;.7R,ACT•N •~:a ~ 56 9'k3 = j Y S653228-r 7RACT G 15 14 13 2 _I N85'5825`W 0 o SW CORNER OF THE so w I 'SCALE IN FEET. NE 114 OF THE NW 114 SEC. 9, TWP. 21N., RGE. 5E., W.M I f Page 5 of 5 EXHIBIT NE 114, NW 114 SEC. 9, TWP. 21N., RGE. 5E.,W.M. TRACT H OWN. BY.• DATE: JOB NO. 4030 Lake Washington ETERSON Blvd. NE., Suite 200 r M`., 7- 17-- fj,'5 7AId)t° 060 7 PONSULTING Kirkland,WA98033 Tel (425) 827-5874 CHKD. BY.• SCALE.• Fax (425).822-7216 tv 4 p I 40' L Sanitary & Water Easement Tract H Page 5 of 5