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HomeMy WebLinkAbout20040211001988 WATER EASEMENT 021104s ~i j Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 D i§~ TAM NOT R50UIRM Y.... , Deputy Above this line reserved for recording information. WATER EASEMENT (FAC99-0001) 2 PN w~' W`1 to J Reference # (if applicable): N/A Grantor/Borrower:. River Rim; LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 1/405-2]N-05E at % Assessor's Tax Parcel IN: 052105-9033,,052105-9089 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, River Rim 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 water main AND APPURTENANCES THEREOF, said real property being described as follows: Said dcccre~q@re filed for rryn F,1 h- Pi a7r: w { 5 t OtBc SEE EXHIBITS ccA» AND ccB»., ATTACHED HERETO 991a WTHIL5 REFERENCE MADE A PART HEREOF. accommodation ®my. It har®t Loacgr examined as to prcpsr execution or M its affect u'm tift® 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. Water Easement Page 1 of 5 L 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, ' corporati has caused this instrument to be executed by its proper officer(s) this day of , 2003. ---b I z,9, Authorized Sig ture M i9p ez-/N Authorized Signature CP/bi File: #676 REF. I-LDevelopmentTormsTegal Documents Water Easement Page 2 of 5 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that is/-~e-fie, s (s) who appeared before me, and said person(0 acknowledged that he/shek.y signed this instrument on oath state t at he/ / aut orized to execute the instrument and acknowledge as the of -V k T' I ha a limited liability company, to be the free and voluntary act of such party for. the uses and purposes m t'o ed in the instrument. Dated ~~~l~ll'( Notary P,Abl' ' and for th St e t ngton Residing at My appointment expires \ffiLL1A4 ® • ~f !0 t" 0 it% 211 \0ooa®- Water Easement Page 3 of 5 EXHIBIT A LEGAL DESCRIPTION - 15' WATER EASEMENT BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF GOVERNMENT LOT 3 OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON; LESS THE EAST 165.00 FEET THEREOF; THENCE NORTH 89°00'32" WEST ALONG THE SOUTH LINE OF THE ABOVE SAID SUBDIVISION A DISTANCE OF 350.63 FEET TO THE TRUE POINT BEGINNING; THENCE NORTH 00°59'29" EAST A DISTANCE OF 210.94 FEET TO A POINT ON A CURVE WHICH BEARS SOUTH 14°31'31" EAST FROM ITS CENTER; THENCE SOUTHWEST ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 15.17 FEET AND A CENTRAL ANGLE OF 17°22'41" TO A POINT ON SAME CURVE WHICH BEARS SOUTH 02°51' 10" WEST FROM ITS CENTER; THENCE SOUTH 00°59'29" WEST A DISTANCE OF 209.15 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 89°00' 132 EAST A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING. Water Easement Page 4 of 5 r~ EXHIBIT 'B' $L, M» L5,££.1-ON N09'49' 02°E ' M 5 s +a2 i+L ZS 55.34 X1 i9A% / L CD \ LN z CO N d 0 O) LO'4ti to ° C3 n Ln kp. g2 ~ N D w D 210.94• NO 109.66' tD r rn w rn m 4 t! o, J i ~ Cy C9 C' N01-06-50"E X51' 83u74' Cr~' N01'06'50"E ~ N 202.72' N00'59'29"E 'N 2'51'10" E ' C 0'59'29E 109.74• V mno 101.28' 3 l£. v to 00 -q ;0 52 OD m v I Z°Mm->--I zz 0-nm N 00 > -1 W rn w OD 0°0 2 Iio CD m -t m z I I N19~e I L4 74.51 O •1j; 133. 80 F I \7 N01'22'05"E 101.20' y 100.43' S 00'59'29' W fix? ~8e 101.20. ZO F tD I 00 N00'22'05'E o L, O 110.63' m N rn b 185.13' Page 5 of 5