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Home My WebLink About20050330000595 WATER AND SEWER EASEMENT 033005JR A - - f 3 1,,. Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 CHICAGO TITLE EAS PAGE001 OF 006 03/30/2005 09:59 KING COUNTY, WA Above this line reserved for recording information. WATER AND SEWER EASEMENT FAC03-0038 00005 5 24.00 l Reference # (if applicable): N/A Grantor/Borrower 1: Park 29 LLC Grantor/Borrower 2: Cascade Manufacturing & Distributing Inc. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 1/ 01-21N-04E Assessor's Tax Parcel ID#: 012104-9012, 012104-9028, 01210479048, 012104-9049 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 Grantors herein, Grantor 1, Park 29 LLC Owners of Lots A, B, & C of City of Auburn Short Plat 04-0002 recorded under recording number 20040826001399, and Grantor 2, Cascade Manufacturing & Distributing Inc. Owner of Lot D of City of Auburn Short Plat 04-0002 recorded under recording number 20040826001399 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 Water and Sanitary Sewer Lines AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. EXCISE TAX NOT RL2UER D King moo. Records Division Easement Page 1 of 6 Deputy pyra (d'C> al 1H1'rAO~tK 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. Said Grantors 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, Grantors 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. Grantors 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, Grantors 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. A Easement Page 2 of 6 r IN WITNESS Z3 day of ntor(s) has/have executed these presents this 2005. Grantor/Borrower 1: Park 29 LLC STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that p%& / II s -Tbyl ul - 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 the M 04t ~ of 20LV I . 2A > C s a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Mkj 2 ~®~pg188di'iBpO% \ON 64% U: o NOTARY N; ►/~1~q~ -0 pUBLIC ; Z -w 9a N~A `,woe Notary Public i and for the State of Washington '',S'1~•'•.~4/1312~~0' Residing at U yyA OF W'P,s~®1 °1% My appointment expires A, t , )ZDe Easement Page 3 of 6 IN WITNESS EOF the Grantor(s) has/have executed these presents this day of " , 2005. Grantor/Borrower 2: Cascade Manufacturing & Distributing Inc STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that 1~1~ ~G(I✓ and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the C~ Wjlc~ 1~ IS1-y'►by h0 6 and of WA iP'1'La. (t6~1-tXIY~1 M a corporation, to be the free and voluntary act of such parties for the4ses and purposes mentioned in this instrument. Dated i n,, Y y !&/C" 2?2r 2.X6 0%%V1114jill/ P J TU9 N~ -'**\ONF C): o NOTARY Owl II U pUBLIC ' Z = S ~~Va,~ ~N;A;, ' ~0~ Notary Public }n and the State of Washington 1312fl Residlri at I`i'1% ff;My appointment expires: ►3~1~0~ CP/tlb File: # 973 REF. HADevelopment\FormsU.egal Documents\2005 31 Easement Page 4 of 6 t~ . EXHIBIT "A" November 9, 2004 File #29373/0 EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN LOTS A AND B OF KING COUNTY SHORT PLAT 20040826001399, AND ALSO WITHIN THE SOUTHWEST QUARTER OF. SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT B; THENCE SOUTH 86°15'01" EAST ALONG THE SOUTH LINE THEREOF 278.15 FEET TO THE SOUTHEAST CORNER OF SAID LOT B; THENCE NORTH 03°44'59" EAST ALONG THE EAST LINE THEREOF 95.00 FEET; THENCE SOUTH 86°15'01" EAST 9.54 FEET TO THE POINT OF BEGINNING; THENCE NORTH 03°44'59" EAST 204.57 FEET; THENCE NORTH 41 ° l5'01" WEST 14.14 FEET; THENCE NORTH 03°44'59" EAST 42.35 TO A POINT ON THE SOUTHERLY MARGIN OF 29TH STREET NORTHWEST; THENCE NORTH 86°15'01" WEST ALONG SAID SOUTHERLY MARGIN 30.46 FEET; THENCE SOUTH 03°44'59" WEST 33.11 FEET; THENCE SOUTH 41°15'01" EAST 21:86 FEET; THENCE SOUTH 03°44'59" WEST 208.36 FEET; THENCE SOUTH 86°15'01" EAST 25.00 FEET TO THE POINT OF BEGINNING. U29373/DOGS-REF'ORTS/LEGALS/DRAFTS/29373UTiL TY EASEMENT *1,4, Easement Page 5 of 6 EXHIBIT "B" EASEMENT EXHIBIT ~TM 87FAET aw r _ _ r L13 12 S8675101 1C 139.27 ' L1 jplN8$750114' 16&40, 7 7svD7 i &1E L9 LM A i LOT C i FJOT . i 24, r 4 or SANITARY TMW TMW ~S~IEN ! x i '14 NM '4'41 LOT 8 2&ar i LOT D S8875011•l ) 1N~ 20. 02' ---i ~'"~uTiuRES Et.S~IFNT 20.02' S.W. CDR WT B XQS.P. /20040826001399 UNE BEARNIG LENGTH L9 N0333'58'E 20.52' L10 S4 95'01'E 14.14' Lil S4115' 21.86' L12 S0344'59'W 4235' N03'44'59'E 33.11' 114 N8615'01'W 30.6' JOB NO 29,w 4,01' Cx 902 Engineering ~~NaL LAN9 S 2601 South 35th. Ditto 200 B16S; 9fg0/49m Tacoma, Washington 98409-7479 (253) 473-4494 FAX (253) 473-0599 Easement Page 6 of 6