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Home My WebLink About8801220474 STORM EASEMENT 012288• , RECENED 'It9lS DAY JAN 2? ifl ~l M °o0 RECD Ir i CASHT,L,. 00 BY [►aE 0 EASEMENT THIS AG}1 M'E;>v; i ymade this ~ day of A e_4 , 1987, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and Truss-Span Corporation, a Washington corporation, hereinafter termed "Grantor." W I T N E S S E T H: That the said Grantor for valuable consideration does by these presents grant unto the Grantee, upon the conditions stated below, a perpetual easement for underground storm drainage through and across the following described property (the "Property") situated in King County, Washington: The east 90 feet of the south half of Lot 3, Block 4 of Christopher Garden Tracks as recorded in Vol. 23, U page 6, records of King County, Washington. In consideration of Grantor granting said easement to X Grantee, the Grantee agrees to comply to the following T conditions: 1. Grantee will retore the Property and surrounding premises which might be disturbed by Grantee's entry to a condition as good as or better than the Property and such premises were prior to entry by the Grantee. 2. Grantee will exercise its best efforts not to damage any improvements on the Property, but, if it does so, it shall repair and/or replace said improvements within ninety (90) days of the date of any entry by Grantee. 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 Property. 3. The above set forth cnditions shall apply not only to the initial construction but also to any re-entry by Grantee that becomes necessary for repair and/or maintenance. 4. Grantor reserves the right to free access and use of the surface area of the Property, including paving such surface and using it for storage of movable objects. 5. Grantee's easement is limited to the sole use and purpose of installation and maintenance of an underground storm drainage system and for no other purpose or use. a _ K}rg C A dS Dig i}, ion !1? j 7A R I°~ t~A t o - .~~ty - ~q 13./3,2.- Q r RECORD AND RETURN TO: City of Auburn ' Legal Department 25 Wast Main Street Autism. VIA SQ001 t w~ TRUSS-SPAN CORPORATION B 6. Grantee's easement shall be perpetual only if construction of an underground storm drainage system is commenced upon the Property within fifteen (15) years from the date of this instrument. If construction is not begun within such fifteen (15) year period, then this easement shall terminate with all rights of the Grantee in the Property being extinguished forever. 7. Any damages, including business interruption, incurred by Grantor in the Property or in Grantor's adjacent property as a result of Grantee's use of such easement, whether from inspection, construction or maintenance on or in such easement, shall be promptly paid by Grantee to Grantor. 8. Grantee covenants to maintain adequate and appropriate security to prevent access to the balance of Grantor's property at such time or times and Grantee's employees or agents perform any construction or maintenance work on the Property. Grantee shall have the right without prior institution of any suit or proceedings at law, at such times as may be necessary, to enter upon said Property for the purpose of constructing, repairing, altering or reconstructing an underground storm drainage system, or making any connections therewith, without incurring any legal obligation or liability therefor except as provided in this Easement; provided, that such constructing, repairing, altering or reconstructing of said facility shall be accomplished in such a manner that the Grantor's improvements existing on or appurtenant to the Property 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. Grantor shall retain the right to use the surface of the Property, 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, maintenance or repair of the storm facilities shall not be planted within the Property. parties hereto. DATED this Jpday of b~_rl. r 1987. This easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both 5247A/RJM - 2 - RECORD AND RETURN TO: City of Auburn * Legal Department 25 West Main Street Auburn, WA 98001 , C B STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify th t I now or have satisfactory evidence that signed this instrument, on oath stated that was autho~&Zje_L ' ed to execute the instrument and acknowledge it as the _ of Truss-Span Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: RIM 0 Notary Public ifi an St4tve, of Wash' gton at( My appointment expir STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have that signed this stated that was authorized to and acknowledged it as the to be the free and voluntary act of such purposes mentioned in the instrument. Dated: s, i ~qS satisfactory evidence instrument, on oath execute the instrument of the City of Auburn party for the uses and Notary Public in and for the State of Washington, residing at My appointment expires on: 5247A/RJM - 3 - M r •rr ~ 1 ~ 1( RECORD AND RETURN T0: f3i',. 4 Auburn * Legal Department i S!reet V_ , V ~!*'G 11. COUNSEL HAROLD S. SHEFELMAN VICTOR D. LAWRENCE JAMES GAY ROBERT G. MOCH GEORGE M. MACK BRIAN L. COMSTOCK TIMOTHY R. CLIFFORD JAMES S. TURNER LEE R. VOORHEES, JR. WILLIAM N. APPEL DAVID B. SWEENEY WILLIAM G. TONKIN DAVID A. BENNETT ROBERT H. CAMPBELL ROBERT G. MULLENDORE GARY N. ACKERMAN ROGER A. MYKLEBUST DIANE D. KENNY JON W. MACLEOD PAUL L. AHERN, JR. WILLIAM H. SONG STEVEN E. CUMMINGS TERESA V. BIGELOW LAW OFFICES JOHN E. HAVELOCK ROBERTS, SHEFELMAN, LAWRENCE, GAY Zk MOCH JAMES P. WETER (1877-1959) F M. ROBERTS (18 8 0-19 731 1818 IBM BUILDING JAMES C. HARPER (RETIRED) SEATTLE, WASHINGTON 98101 TEL. (206) 622-1818 SUITE 302 2600 DENALI STREET ANCHORAGE, ALASKA 99503 TEL. (907) 276-1358 December 4, 1979 Mr. Kenneth Thompson Finance Director City of Auburn 25 West Main Auburn, Washington 98002 Dear Kenn Pursuant to our telephone conversation Monday afternoon, December 3, 1979, enclosed please find the following documents: (1) Copy of an asemet between the Lones and the City of Auburn dated August 14, 1970. We do not have the original of this easement. It appears the easement is recorded under King County Auditor's File No. 6696709. Should you wish addi- tional copies of the easement, you could telephone the King County Department of Records and Elections and request a copy of this document based on the file number. ,'(2) Copies of the Agreed Decrees of Appropriation and Orders Authorizing Disbursements of Funds for the Shaughnessy, Sprenger, Wright and Andre parcels in the City's condemnation under King County Superior Court Cause No. 840300. The des- criptions of the easement areas are set forth in the exhibits attached to the decrees. (3) Letter to you dated December 4, 1979, concerning impact of the defeasance of $572,000 outstanding principal. amount of the City's water and sewer revenue bonds on the com- putation of the City's outstanding debt. -WASHINGTON STATE AND ALASKA BARS. **ALASKA BAR ONLY. ALL OTHERS WASHINGTON STATE BAR ONLY. ~T Mr. Kenneth Thompson December 4, 1979 Page Two Should you have questions regarding any of these matters, please give me a call. Very truly yours, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH Diane Dray Kenny DDK/vdm