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Home My WebLink About20030317002391 WATER EASEMENT REPLACEMENT 031703Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98(X)1 317002391 _ Above this line reserved for recording information. 5/a?, PN \Ok EASEMENT REPLACEMENT W 5 `A33 I a FACO 1-0040 Reference # (if applicable): 20020530-003-000 Additional on page: Grantor[Borrower: Mountain West Investment Corp 2) Additional on page: Grantee/Assigneell3enefieiary: City of Auburn Legal Description/STR: SW 114, 07-21-05E d0cL"'1M#(g)' page: Assessor's Tax Parcel ID#: 509440-0025 ; raid by Pacific Northwest Tttle an DY^]nniw...J . ~v proper execution or as to its affect upon title. For and in consideration of the sum of ten dollars (S10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Mountain West Investment Corp., 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 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. 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 Replacement. Page I of 5 y5~5 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. Said 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. . 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. This easement replaces and supersedes that easement recorded the 30th day of May, 2002, under recording- no. 20020530-003-000 in Volume of Deeds, records of Pierce County, Washington and is hereby released and abandoned by the City of Auburn. IN WITNESS WHEREOF, said corpo atio has caused this instrument to be executed by its proper officer(s) this c;ZY day of , 2003 Signature The City of Auburn has caused these presents to be executed by its City Engineer there unto duly authorized pursuant to Ordinance 5042 on this 3 r day of /YV,~ e, , 2003. City Engineer WW/bi File: #866 Ref: H:Develonment\Forms\Leeals\2003 Easement Replacement Page 2 of 5 STATE OF OREGON ) ) ss. County of MARION ) s I certify that I know or have satisfactory evidence that Z.., is the person who appeared before me, and said person acknowledged that they signed this instrument, on o th stated Pat they were authorized to execute he instrument and acknowl dged it as the C ofS a corporation, to be the free and vo untary act of such parties for the us s and purposes mentioned in this instrument. _ Dated a 0 OFFICIAL SEAL DAWN M. HUTSON NOTARY PUBUG-OREGON COMMISSION NO. 322290 MY COMMISSION D(PIRES APRIL 6, 2003 STATE OF WASHINGTON) Notary Public i a for the State f Oregon residing at '(My appointment expires & Z& 103 )ss. COUNTY OF KING ) 17evn:~ se,11~, I certify that I know or have satisfactory evidence that Demme ,ice is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CITY ENGINEER OF PUBLIC WORKS of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated -3 - --U 3 5g10N 04-NOTARY PtIBL1C r It 15, I . ++,aF H WAS n' (f - I'D VIrw- Anael',2- C, 60,rcgk Notary Public in and for the State o ?Washington residing at Y-~ rQ C 01W My appointment expires [ 1- Z1 -o 4-- Easement. Replacement Page 3 of 5 EXHIBIT A A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., BEING A PORTION OF PARCEL "B" OF CITY OF AUBURN LOT LINE ADJUSTMENT LLA02-0002: BEGINNING AT A POINT 1,092 FEET EAST OF A STONE AT THE SOUTHWEST CORNER OF THE NORTH 1/2 OF W.M. BRANNON DONATION CLAIM NO. 37; THENCE NORTH 0°15'44" WEST A DISTANCE OF 5.00 FEET TO THE NORTHERLY MARGIN OF 22ND STREET NE; THENCE WEST ALONG SAID NORTHERLY MARGIN A DISTANCE OF 175.01 FEET TO THE BEGINNING OF SAID CENTERLINE; THENCE NORTH 0°15'44" WEST A DISTANCE OF 169.04 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "A"; THENCE NORTH 0°1.5'44" WEST A DISTANCE OF 33.65 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "B"; THENCE NORTH 0°15'44" WEST A DISTANCE OF 325.35 FEET TO A POINT HEREINAFTER REFERED TO AS POINT "C"; THENCE NORTH 0°15'44" WEST A DISTANCE OF 114.96 FEET TO THE END OF SAID CENTERLINE. TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LYING WITHIN SAID PARCEL "B": BEGINNING AT AFORMENTIONED POINT "A"; THENCE NORTH 89°43'50" EAST A DISTANCE OF 283.72 FEET; THENCE NORTH 44°43'50" EAST A DISTANCE OF 47.78 FEET; THENCE NORTH 00°15'44" WEST A DISTANCE OF 438.68 FEET TO THE END OF SAID CENTERLINE. TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LYING WITHIN SAID PARCEL „1310: BEGINNING AT AFORMENTIONED POINT "B"; THENCE NORTH 89°44'16" EAST A DISTANCE OF 56.50 FEET TO THE END OF SAID CENTERLINE. TOGETHER WITH A STRIP OF LAND 18.00 FEET IN WIDTH LYING-9.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LYING WITHIN SAID PARCEL "B": BEGINNING AT AFORMENTIONED POINT "C"; THENCE NORTH 89°44'16" EAST A DISTANCE OF 35.00 FEET TO THE, END OF SAID CENTERLINE SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Easement Replacement Page 4 of 5 - - - - - - - - - - - - - - - - - - - - - - - - - - EXHIBIT 'B' o N.E. 24TH ST. o _ EAST 333.51' F128.49 183.51' _.j 150.00' I`'- L_ PROPOSED 30' ROAD 'DEDICATION o N89'44'16"E } z I 35.00' I POINT "C" I L18, PARCEL *"H" L15 WATERLINE EASEME~ T .r o 3 d- u~ 0o tD Sri z M S c°~ v I z 00 in ~ o o .z N89'44'1 6"E p I 6. POINT E165 .w... L POINT "A" DLC #37 N89'43'50"E. r 283.72'-- I 15' Lo <o a ° in 03 a : ri in . M o `t o z l z I GGt tK 1 Dc 143.51' 40'" 110.00 EAST ti EAST ~ ARCEL "A" ® 1" = loo' ~ •r r in o ~ o "r o 0 o o 'a" no ~on`.n HOUSE , ,°n 0 50' 100' 150' z -0 o z NORTH LINE OF THE EAST SOUTH HALF OF WILLIAM L 175.01' BRANNON D.L.C. #37 V EAST 1,092' 22ND ST. N.E. - r CV N > a6 ~i PROPERTY LINES SHOWN BASED ON CITY OF AUBURN LOT UNE ADJUSTMENT LLA02-0002. MCA , I WATERLINE EASEMENT ' FILE: 01035LEG2B.DWG Page 5 of N0015"44°W - 5.00" W.M. BRANNON DLC #37