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Home My WebLink About20031013002986 SEWER EASEMENT 101303Od t, Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20031013002986 PACIFIC NU TIT EAS 23.00 PAGE 001 OF 005 10/13/2003 15:23 KING COUNTY, WA EXCISE TAX NOT REQUIRED King Co. Records Divisi B • Deputy Above this line reserved for recording information. N W~- SANITARY SEWER EASEMENT S/Z3 P (FAC02-0021) to S-a I v Reference # (if applicable): N/A Grantor/Borrower: John P. Byrne & Erin P. Byrne Grantee/Assignee/Beneficiary: City of Auburn Said docutrerf(s) werr, f1I ~7 Legal Descri tion/STR: N W 8-21 N- r~ord by i'aeiiit:lLorfhv~lesf ~ P ommodafion only. It has not bue Assessor's Tax Parcel ID#: 333940-0284 axamined as to r..P--- uzm auto 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, John P. Byrne & Erin P. Byrne, 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 Sanitary Sewer 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. Sanitary Sewer Easement Page 1 of 5 EXCISE TAX NOT REQUIRED Kir unty Records Division ®Y; , Deputy ra 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 entryand/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 the Grantors have executed these presents this day of~,-~ , 2003. CP/bi File: #902 REF. H:Development\Forms\Legal Documents\2003 Sanitary Sewer Easement Page 2 of 5 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactoryevidenc that Oh V7 ~U rn e- and r are the persons who appeared before me, and s" individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated O kbe-ra) x 003 Notary Publk i and for the State of Washington residing at My appointment expires c~ - /0-0 LP Sanitary Sewer Easement Page 3 of 5 EXHIBIT "A" SANITARY SEWER EASEMENT LEGAL DESCRIPTION PARCEL NO. 333940 0284 THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL "X", LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, ACCORDING TO KING COUNTY BOUNDARY LINE ADJUSTMENT NO. LOOL0035, RECORDED UNDER RECORDING NO. 20010109900009, ALSO KNOWN AS KING COUNTY SURVEY CONTROL (K.C.S.C.) POINT NO. 7131; THENCE SOUTH 88°55'55" EAST A DISTANCE OF 2633.29 TO K.C.S.C. POINT NO. 7130; THENCE SOUTH 01012'46" WEST A DISTANCE OF 829.11 FEET TO THE POINfT OF BEGINNING; THENCE SOUTH 18°12' 10" EAST A DISTANCE OF 272.31 FEET; THENCE SOUTH 82015'18" EAST A DISTANCE OF 312.73 FEET; THENCE SOUTH 88°38'01" EAST A DISTANCE OF 250.00 FEET TO THE TERMIN~IS OF SAID DESCRIBED LINE. EXTENDING AND/OR SHORTENING THE EXTERIOR MARGINS OF THIS EASEMENT TO INTERSECT EACH OTHER WHERE APPLICABLE. PARCEL "X" LOT 2 OF KING COUNTY SHORT PLAT NUMBER 681007, RECORDED UNDER RECORDING NUMBER 8201260536, SAID SHORT PLAT BEING A PORTION OF LOT 15, BLOCK 3, C.D. HILLMAN'S AUBURNDALE ADDITION TO CITY OF SEATTLE DIVISION NO.], ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 105 FEET OF THE NORTH 111 FEET THEREOF; EXCEPT THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE: THAT PORTION OF LOTS 14 AND 15, BLOCK 3, C.D. HILLMAN'S AUBURNDALE ADDITION TO CITY OF SEATTLE DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, SOUTH 00-04'18" EAST, A DISTANCE OF 967.98 FEET; THENCE NORTH 89°51'47" EAST, A DISTANCE OF 30.00 FEET TO THE EAST MARGIN OF 108TH AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°51'47" EAST, A DISTANCE OF 625.83 FEET TO THE EAST LINE OF SAID LOTS 14 AND 15 AND THE TERMINUS OF SAID LINE. (ALSO KNOWN AS LOT "D", KING COUNTY BOUNDARY LINE ADJUSTMENT NO. S921,0160, RECORDED UNDER RECORDING NO. 9211259001 AS AMENDED BY AFFIDAVIT OF CORRECTION OF BOUNDARY LINE ADJUSTMENT NO. S92L0160, RECORDED UNDER RECORDING NO. 9603190628.) 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