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HomeMy WebLinkAbout20041108001817 WATER EASEMENT 110804f Return Address: City of Auburn City Clerk 25 West Main 2004110800 1 g 1 Auburn, WA 98001 PACIFIC NW TIT EAS 22.00 PAGE001 OF 004 11/08/2004 13:01 KING COUNTY, WA Above this line reserved for recording information. WATER MAIN EASEMENT FAC03-0036 Reference # (il'applicable): N/A Grantor/Borrower: Brekke White River, LLC` Grantee/Assignee/Beneficiary: City of Auburn Legal DescriptioniSTR: NW 1/4, 12-21-04E P/V Assessor's Tax Parcel I D#: 122104-9033 J 1 2.- y r] - 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, Brekke White River, 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 and 12-inch water main 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:'-~ f ds to ii zkz;~ t:;01, 350. 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 I of 5 JP , 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 ha caused this instrument to be executed by its proper officer(s) this ,Z?' day of 2004. Authorize ignature Authorized Signature W W/tlb File: #908 REF. H:Development\Forms\Legal Documents Water Easement Page 2 of 5 STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that fare the person(s) who appeared before me, and said person(s) acknowledged that she/they signed this instrument on oath stated tha a he/the a ere authorized to execute the instrument and acknowledge as t of a limited liability company, to be the free and voluntary act o such party for tand purpose er ti ned in the ' strument Dated -za-:~ENNE A N x q _9 e A1FOf Notary Public i d"fo t e State oJfi/ashiington Residing at My appointment expires Water Easement Page 3 of 5 EXHIBIT A 15' INTERIOR WATER LINE EASEMENT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH 261.12 FEET OF THE NORTH 742.12 FEET OF THE EAST 500 FEET OF THE WEST 536 FEET OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE SOUTH 87° 24'34" EAST FOR 98.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 2° 35'26" EAST FOR 25.50 FEET; THENCE SOUTH 87° 24'34" EAST FOR 15.00 FEET; THENCE SOUTH 20 35'26" WEST FOR 10.50 FEET; THENCE SOUTH 87° 24'34" EAST FOR 278.99 FEET; THENCE NORTH 20 35'26" EAST FOR 10.50 FEET; THENCE SOUTH 87° 24'34" EAST FOR 15.00 FEET; THENCE SOUTH 2° 35'26" WEST FOR 10.50 FEET; THENCE SOUTH 87° 24'34" EAST FOR 54.16 FEET; - THENCE NORTH 42° 11'06" EAST FOR 47.42 FEET; THENCE SOUTH 89° 53'26" EAST FOR 6.37 FEET; THENCE SOUTH 00 08'19" WEST FOR 15.34 FEET; THENCE SOUTH 42° 11'06" WEST FOR 47.35 FEET; THENCE NORTH 87° 24'34" WEST FOR 370.20 FEET TO THE TRUE POINT OF BEGINNING. 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