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Home My WebLink About20030422001004 WATER EASEMENT 042203z ~7- 2 Return Address: f 20030422001004 City of Auburn PAGEF001NOFT00SEAS 23.00 City Clerk K ! ING COUNTY, , WA 04/22/2003 WA KING COUNT 25 West Main - _ _ Auburn, WA 98001 ----J- - Above this line reserved for recording information. a3 PN VJT EASEMENT VV 7 1 I -V- ~ a, (PACU2-UU3 Reference # (if applicable): N/A Grantor/Borrower: BM @:Auburn, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 1/a, 07-21-05E Assessor's Tax Parcel ID#: 257840-0070 Said document(s) were filed for record by Pacific Northwest Title as accommodation only. It has not been examined as to proper execution or as to Its affect upon title. 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, BM @ Auburn, 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 190 LF of 8" waterline 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. 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. Easement (Corporate) 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 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 Limited Li.Ability Company has caused this instrument to be executed by its proper officer(s) this /lT ` day of ~')t~i"G~- , 2003. utho zed Signat e Authorized Signature Easement (Corporate) Page 2 of 5 ,M STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that~rv, o F f. J. M oe.P-i-s is/are the personwho appeared before me, and said person acknowledged that he/she/they signed this instrument on oath stated that he/she/they as/were authorized to execute the instrument and acknowledge as the mA iv A- ~ Rd- of the b M H L. a limited liability company, to be the free and voluntary act of such party for the -uses and purposes me tinned in the instrument. Dated 1 a3 < E.eaa • o NOTgq~ 13 ` co : Notary Public in and for the,Sta of Washington tP t C residing at c.o ; u r- y o y ' r. t s . 03 My appointment expires _T f/ a ' v WW:bi File: #910 Ref: H:Development\Forms\Legals\2003 Easement (Corporate) 'Page 3 of 5 EXHIBIT A A PORTION OF LOTS 2 AND 11 OF BLOCK 2 OF FLOOD'S FIRST ADDITION, AS PER THE PLAT RECORDED IN VOLUME 45 OF PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON, ALSO A PORTION OF THE ALLEY WAY VACATED BY ORDINANCE NUMBER 5705 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 11; THENCE ALONG THE SOUTH LINE OF THE SOUTH 88053'54" WEST A DISTANCE OF 7.96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 °01'47" WEST A DISTANCE OF 128.24 FEET; THENCE NORTH 89°20'54" EAST A DISTANCE OF 7.22 FEET TO THE EAST LINE OF SAID LOT 11; THENCE ALONG SAID EAST LINE NORTH 01 021'42" WEST A DISTANCE OF 15.00 FEET; THENCE SOUTH 89°20'54" WEST A DISTANCE OF 7.13 FEET; THENCE NORTH. 01 001'47" WEST A DISTANCE OF 20.05 FEET; THENCE NORTH 89°20'54" EAST A DISTANCE OF 6.73 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EAST LINE NORTH 01 02746" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89°20'54" WEST A DISTANCE OF 21.58 FEET; THENCE SOUTH 01'01'47" EAST A DISTANCE OF 183.41 FEET TO THE SOUTH LINE OF SAID LOT 11; THENCE ALONG SAID SOUTH LINE NORTH 88°53'54" EAST A DISTANCE OF 15.00 TO THE POINT OF BEGINNING. Page 4 of 5 EXHIBIT B NE 114 SW 114 OF S 7, T 21N., R. 5E. WY., CITY OF AUBURN, KING COUNTY, WASHINGTON I N8970'54 "E I x21.58' N ~ I R N.8920'54 "E J~_ 3 6.73 _ Z VA CA ALLEYTWAOY °v A S89zli, T 3 2 7.13' I I o V E I I Fl~!, 7.22' I I I N8970'54 "f I ~I I 3I I A~~ ~ I `L I z \ I . I 11 I ~ ~ o I I I ~ 12 I NI2 I Q BLOCK 2 OF FLOOD'S FIRST I ADDITION, VOLUME 40 OF I I I I PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON; I ~~I I 1796, THE SE CORNER 37.01_ .1-1.0OF LOT 11 S8853'54 W S8-853 54 "W J 14TH ST NE 30 0 30 1 inch = 30 ft. a 13 DAVID R. DOWNING & ASSOCIATES PROFESSIONAL LAND SURVEYORS 4229 76th ST N.E. SUITE 202 MARYS~ILLE, WA:, 98270 (360) 653-5385 Page 5 of 5 DATE. 2119103 SCALE: 1 " ° 30 ✓OB/ 02-072 SH 1 OF 1