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HomeMy WebLinkAbout20050927000322 WATER EASEMENT 092705Recording Requested By And When Recorded Mail To: King County Water District No. 111 27224144t Avenue S.E. Kent, Washington 98042 a 41 IIIuIIIOIIIYIIIIUIIIOIII@Iu~u~ 20050927000322 WATER DISTRICT EAS 37.00 PAGE001 OF 006 09/27/2005 09:18 KING COUNTY, WA DOCUMENT TITLE: 132NDAVE WATERMAIN EXTENSION - OFFSITE EASEMENT NO. 4-21-5-1013, FOR WATER LINES REFERENCE NUMBER OF RELATED DOCUMENT: Not Applicable GRANTOR(S): City of Auburn, a municipal corporation of the State of Washington 25 W. Main St Auburn, Washington 98001 ADDITIONAL GRANTORS ON PAGE OF DOCUMENT GRANTEE(S): KING COUNTY WATER DISTRICT NO. 111 ADDITIONAL GRANTEES ON PAGE OF DOCUMENT ABBREVIATED LEGAL DESCRIPTION: Lot 1, K.C. Short Plat R477006 and a portion of the north half of the SE of the NE of Section 4, Township 21 North, Range 5 East, W.M., King County, Washington ASSESSOR'S TAX I PARCEL NUMBER(S): 042105-9004 & 042105-9085 EASEMENT FOR WATER LINES The undersigned, CITY OF AUBURN, a municipal corporation of the State of Washington, ("grantor(s)"), for and in consideration of good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby grants and conveys to KING COUNTY WATER NO. 111, a municipal corporation in King County, Washington ("Grantee), and its successors and assigns, a permanent Easement for Water Lines and appurtenances thereto ("Easement") as follows: Nature and Location of Easement. The Easement granted by Grantor herein shall be a permanent easement for the benefit of Grantee over, upon, across, through and under the real property legally described in Exhibit "A" attached hereto and incorporated herein by this reference ("Real Property"), such Easement as legally.-., described on Exhibit "B "and as described and depicted on Exhibit "C" attached hereto and incorporated herein by this reference, for the purposes of installing, laying, constructing, maintaining, inspecting, repairing, removing, replacing, renewing, using and operating water lines, together with all facilities, connectors and appurtenances ("Water Lines"), including the right of ingress and egress for said purposes. PAGE 1 OF 6 Easement No. 4-21-5-1013 2. Access Easement. Grantor also hereby dedicates, conveys and grants to Grantee a permanent non-exclusive access easement for ingress and egress over the portion of the Real Property as legally described on Exhibit "B " attached hereto ("Access Easement") and as depicted on Exhibit "C" attached hereto. 3. Right of Entry. Grantee shall have the right, without notice and without prior institution of any suit or proceeding at law or equity, at all times as may be necessary to enter upon the Real Property to install, lay, construct, maintain, inspect, repair, remove, replace, renew, use and operate the Water Lines for the purposes of serving the Real Property and other properties with utility service. Grantee agrees to restore the Real. Property as nearly as reasonably possible to its condition prior to any material disturbance from construction, operation, maintenance, repair, or replacement, of the Water Lines. 4. Encroachment/Construction Activitv. Grantor shall not undertake, authorize, permit or consent to any construction or excavation including, without limitation, digging, tunneling, or other forms of construction activity on or near the Easement which might in any fashion unearth, undermine, or damage the Water Lines or endanger the lateral or other support of the Water Lines without Grantee's prior written approval. Grantor further agrees that no structure or obstruction including, without limitation, fences and rockeries shall be erected over, upon or within the Easement, and no trees, bushes or other shrubbery shall be planted or maintained within the Easement, provided Grantor shall have full use of the surface of the Real Property within the Easement, so long as such use does not interfere with the Easement or the Water Lines. 5. Binding Effect/ Warranty of Title. The Easement and the covenants, terms, and conditions contained herein are intended to and shall run with the Real Property and shall be binding upon Grantee and Grantor and their respective successors, heirs and assigns. Grantor warrants that Grantor has good title to the Real Property and warrants the Grantee title to and quiet enjoyment of the Easement. 6. Recording. Upon its execution, the Easement shall be recorded with the Department of Records and Elections, King County, Washington. PAGE 2 OF 6 Easement No. 4-21-5-1013 DA ay of ~fcai'C , 2005. BY BY or") ("Grantor") Its its (title, O er, President, Member, etc) certify that I know or have satisfactory evidence that ~&4- 6. and is the person(s) who appeared before me, and said person(s) acknowledged that he/she signed this instrument, on oath stated th the/ he was authorized to execute the instrument, and acknowledged it as the and of the CITY OF AUBURN, a municipal corporation the State of Washington, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. P;" gOTH, , DATED: S-'43_.D S7- . QQ ~0~.1 EXp • :Z; o % r_ NAME: P~.~~'~✓ (Print Name) fill (9 "....10, ' Notary Public in and for the State of Washington ~~og7 E or- Commission Expires: e PAGE 3 OF 6 Easement No. 4-21-5-1013 EXHIBIT "A" Parcel A: That portion of the South half of the Southeast quarter of the Northeast quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Lot 1, as delineated on King County Short Plat No R477006, recorded under King County Recording No. 7805090949, records of King County, Washington; AND Parcel B: that portion of the North half of the Southeast quarter of the Northeast quarter of Section 4jownship 21 North, Range 5 East, W.M., in King County, Washington described as follows: Beginning at the Northwest corner of said subdivision; Thence southerly along the West line thereof 337.76 feet to the True Point of Beginning; Thence South 87° 36' 42" East 1292.14 feet to the West margin of 132nd Ave SE; Thence southerly along said West margin 170.94 feet; Thence North 87° 41'44" West 120.01 feet; Thence South 01 ° 29' 46" West 150.01 feet to the South line of said North half of the Southeast quarter of the Northeast quarter of said section; Thence westerly along said South line 1172.53 feet to the West line of said subdivision; Thence northerly along said West line 322.85 feet to the True Point of Beginning. (per King County Subdivision Exemption No. L02M0053, dated 12-30-02) PAGE 4 OF 6 Easement No. 4-21-5-1013 EXHIBIT "B" The East 10.00 feet of said Parcel A described in Exhibit "A"; EXCEPT that portion thereof lying south of the north line of the Bonneville Transmission Line Easement; TOGETHER WITH the East 10.0 feet of the North 170.94 feet of said Parcel B described in Exhibit "A". PAGE 5 OF 6