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Home My WebLink About7603260641 SEWER EASEMENT 032676'EASEMENT AND AGREEMENT °-T'H IS .AG.REEMENT.-mad.e_-th i s 15th day of March,- 1976, by and 4 between '.W I LL~ 1 AM M. -FALLON -'anid CEC~EL I A N., FALLON, his-wife, I re i n'S` m~ after referred. to, as .."Granto,r . anJd the City of Auburn, a mun i c i p ' corporation of ,the .third c I ass 'of King County, Washington, here i n= a' after. referred to :as "Grantee,-; ~,,F W I T N„E S S E T H. 1 . Grant of Easement: That the Grantor, for valuable con- sideration, does by these presents grant unto Grantee a ten-foot pery~etu'aI right-of-way or, easement for sewer main with the neces- sary appurtenances, over,' across' and underneath the following described property of Grantor "situate in King County, Washington, more, part ic_u1 a'r I de - y ;scr-i bed", a:s 'fo I_I_o,ws; 'A str.i~p of I and 1'O. feet i n-width, whose centerline is descri be"d as fo-l,l ows Beg i nn i ng': =at a point on the south 1 -i ne.- of 3rd; St N E,, wh I ch .1 i es. 51 .7 feet: westerly of the northeast corner of "the-w-est'45, feet. of Lot I, Block 2,Supplemental Plat.-of-Ballaids'-Park Addition to Slaughter; accordln.g to ,the-`plat recorded in Volume 8 of _ (ats page., g5, g C ceedIng.souther Icy 10.0 feet t~o~at oint h thence pro- p ch 1 i es 49.4 feet westerly of the southeast corner ,of said 'parcel . 2. -Grant of AJternat,iwe "Easement: It is u.nderstood by the parties hereto that'Grantor has constructed a building on the easement hereinabove granted to.Gr,antee in Section .I of this Agreement, and that i^n the event the sewer line.,which is situate in said easement shall hereafter fail or otherwise become inoperable, then in that event Grantor shall.th'er.e'with grant to Grantee an alternative ease- ment over-, 'across,upon.and- underneath the following'described prop- erty of -Grantor situate in King County, Washington; more particularly descr i bed,.,as. fro 1-:11ows-: The West 1`0 feet;-o_f".the, East 48' feet and. South 5m.Q feet of the East 38 feet of Lot '2, _ Block 2, Ballard-s' Park Addition to Slaughter according to plat recorded in Volume 8'of Plats, / l age 85, in King County, Washington: o %m RE-PIXCIS -TA >b LAB r p~ lu n C ~ 04< dkic SCHNEIDER., SMYTHE., SALLEY & VAN SICLEN ,'a ATTORNEYS AT LAW 29 FIRST STREET NORTHEAST - . J =a ° AUBURN. WASHINGTON 98002 TELEPHQNE' 833-1660 839-2660 the grant of which easement shall become effective immediately upon the happening of;. the cont i ngen•c.y•` set forth here i nabove . 3. Construction of A I ternaVi vep S``~w.er'~. Li ne: T3haf j'n the event of the happening of the contingency set forth in Paragraph 2 of this Agreement, Grantor aqre~e;s'tq_*ass'u,me full responsibility for all costs and expenses attendant to the rerouting of the sewer line through the alternative easement-and shall complete the same in an expeditious manner. 4. Andemnity of Grantee: Grantor does further agree to indemnify ahd hold 4mr,m:l ess ;Gr n,,te'e;, from and against al I actions and causes of actions, claims, demands, I i ab i I i t-ies, loss, damage:iand expense of whatsoever kind and nature, including attorney fees which the Grantee shall or may at any time hereafter sustain or incur by reason or in consequence of the failure of the sewer line situate in the easement described hereinabove in Paragraph I of this Agreement. 5. Successors and Assigns: It is further understood and agreed by the parties hereto that the provisions of this Agreement shall be covenants running with the land and.shall be binding upon said Grantor, their heirs, successors and assigns, for the uses and purposes hereinabove described. IN WITNESS WHEREOF, the Grantors have signed this Agreement the day and year first hereinabove written. `W`i]`1 i am' M•, Fa l on GRANTORS ece I i.a. Fallon :STAT,E OF WA;SM INGTO`N } •ss COUNTY OF KING On ttis- day of March, 1.976, before. me pers:onyally appeared VI LL I AM M. FALLON -.and CECEL1A 'N. FAL.LO.N, h is. w i fe, ' ksnown toy -me to be the i nd i v i dua_I; s d.escr i bed i n; and who executed the with i'n, and fore- going instrument and acknowledged to me - that.,theysigned.the same as their free and voluntary ac.- and deed"'fa'r the u'se's and p`urpose.s therein mentioned; N W ITNESS..WH`EREOF, I have 'h•ereunto,'.set my hand,, a•n l ' f 1 , ed `•my official seal th.e day and year ' f i r sty" abo~vei tten . cj • ACCEPTED FOR RECORDING: `r Notar,y Puts I i c in an -.6' : St 6- of AV Washington, residing atrw Po CiA UM urn -2- r ~ m.~., q.ia►!^,>~ ,~t• •.~•~,t;; dY". Cya .ter ~ 'SfR'^:t'.1 :i?l~ b"'h_; :•'k'~!~L,?r ;'Ic '\`•v-rs ~ 7 i r' b ' • SCH-HEIDER; SM YTHE,.SAH,EY: JUAN SEELEIY ' ; > , M` , , , . ~YtA"eys at Law ; _ ' • 2.9 FIRST STREET NORTHEAST H ,r.r. AU 98A02.. WASH . I" r(J'yv H e`i o' "•,1 ) . s - k ..,.?`-q r , . q~~,yhl 1j. . . EASEMENT AND AGREEMENT " ~TW IS„AGRE:EMENT made this 15th day of March,-I-976, by and between WI:LL:IAM M: FALLON.and CECELIA N. FALL Ohis wife, herein after referred 'to as.. "Grantor, and the City of Auburn, a mun i c i pa l corporat,ion,of..the third c,lass:of King County, Washington, herein- after referred to as "Grantee"; W1.T.NES°SETIIe 1. Gr"ant of Easement: That the Grantor:, for valuable con- s i derat I or, does ,'by these presents grant unto Grantee a ten-foot r perpetual. right.-of-way or easement for sewer main with the neces- sary.appurtenan'ces, over across and underneath the following described'pro,perty of.'Grantor situate in King County, Washington, more part icularl.q described as follows:,. A str.i.p of I and 10 feet in width, wh.o-s-e--center l i ne is described as follows: Beginns,n=g-at a point on the south line of 3rd St, N „ . E. which I ies 51.7 feet. westerly of the.northeast, corner of "the west 45,feet.of Lot I, Block. 21 Supple'mental,Plat of 'Bel Lards Park Addition to Slaughter; according to the plat recorded inJolume 8 of p] ats,.. page. 85, i n King. County, Wash. , "th:erace pro- ceeding southerly 100 feet to :a point wh.I.ch• lies 49.4 . feet wester l,y, o_f the scuth'east corner of _ sa.i d' parcel'.. 2. Grant of: Alternat i v.e Ea.s,ement: ft is understood by the parties hereto that Grant:orhas construcated a building on the easement hereinabove granted to..,Grantee.in.Section I:,,of this Agreement, and' that i n. the event,,,,the -se.wer I i ne wh.i c;h i s situate - in s.a i d easement ..shall'hereafter.fail.or other.wi's.e become inoperable, then in.that event Grantor shalI.:therewith grant. to Grantee an .aIternative ease- ment over, across, upon, and underneath °th"e f o I.I ow i.ng described prop- erty of Grantor situate in King.'.County,.Wash.ington, more particularly :described as f6 `1-I ows c The'West.10 feet of.the EaS:t 48 feet and South . 5v0,fe.et of the East ..38 feet ..of .Lot;.2, 81 oek.'.2, . Ba I. Lards' Park Add I t.i on to Slaughter accord ina to plat recorded i:n cil ume, of PI ats, t4~ag:e 85; i n King County, Wash i ngton SCHNEIDER. SMYTHE; S,AL.L.EY & VAN SICQLEN " ATTORNEYS AT LAW ^29 FIRST STRF.ST NORTHBANT " AUBURN. WASHINGTON 9600E TSLEPHONIT 833.1660 . 039-2660'. ~~y llll l ~ti• Miy~.~ 1 ; `+•~r.n \ { fit,:: 1 ~~,~f71 ~ il. <~M1~ ~ i i ~t. -r ~h 9 ~ V~ the grant of wh'i ch easement sha I I become effective i mmed.i atel y upon the happen i n:g of th'e contingency set forth .here i nabove.. F' " 3. Construction of A I ternat i ye Sewer Line: That in the event of the happeni°ng of the contingency set forth in Paragraph 4 l . :r 2'of this Agreemient; Grantor agrees to assume full responsibility. , for al I costs and :.expenses attendant to the rerouting of the sewer 1 i ne through the alternative easement and sha I I complete the same in-an expeditious-manner. 4. Indemnity of Grantee: Grantor does further agree to ' i riche an i fy dnd ho I d harmless Grantee. from and against a l l actionn s and causes of actions, claims, demands, l i ab i l i t i•es, loss, damage;.and expense of whatsoever kind and nature, including attorney fees which. c the Grantee shall or may at any time hereafter sustain or incur by.•. reason or in consequence of the failureof the sewer line situate in the easement described hereinabove in Paragraph I of this Agreement, 5. Successors and Assigns: It is further understood and agreed by the parties hereto that the provisions of this Agreement shall be covenants running with the land and shall be binding upon said Grantor, their heirs, successors and assigns, for the uses and purposes hereinabove described. IN WITNESS.WHEREOF, the Grantors have signed this Agreement the day and year first hereinabove written. c . William M. Fallon G ANTORS ece is a on.... STATE OF WASHINGTON } } ss COUNTY OF KING } On this day of March, 1976, before.me personally appeared. WILLIAM M. FALLON and CECELIA N. FALCON, his wife, known tome to be the individual's described in, and who executed the within and fore- going. instrument and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned, IN WITNESS WHEREOF, I have hereunto set my hand and aTfixed my official seal the day and year First above w.Citten. f ACCEPTED FOR RECORDING: % Notary Pu i c in• an or -t. State of Washington, residing a t . Ai'~ -i u r rti P o ! 4 & 2 n f t y C i ty o u r -2- %