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HomeMy WebLinkAbout9604260425 STORM EASEMENT 0426964 i~ When Recorded,. Return to: Lt i ~ ~ Q.K. t1? t!' C Lp C CO EXCISE TAX NOT REOUIt King Co. Records Division aPL967EECEIVED THIS DAY 'APR 17 I so PH '36 BY '(I~E DIVIS10i4 OF. RECORDS w Fl..F_CTIONS KING CGINTY CITY OF AUBURN AUBURN SCHOOL DISTRICT STORM DRAINAGE EASEMENT For and in consideration of the sum of ten dollars ($10.00) and other good-and valuable consideration, receipt of which is hereby acknowledged, AUBURN SCHOOL-DISTRICT NO. 408, a Washington Municipal Corporation (hereinafter "Grantor"), hereby conveys and quitclaims to the CITY OF AUBURN, a Washington Municipal Corporation ("Grantee"), for the purposes hereinafter set forth, a perpetual and non-exclusive easement for storm water drainage across, over, through and below the real Property located in King County, Washington, legally described and depicted in Exhibit A, attached hereto and incorporated herein (hereinafter the "Property"), provided, however, that this easement shall not include any real Property presently owned by others. 1. Grantee shall have the right to operate, maintain, repair, replace and enlarge a storm drain system upon and under the aforesaid Property, together with all necessary or convenient appurtenances thereto. 2. Upon reasonable notice by Grantee to Grantor, except in the case of an emergency, when such notice shall not be required, Grantee shall have the right of access to the U Property at all times to enable Grantee to exercise its rights hereunder, provided, however, that Grantee shall a compensate Grantor for any damage to the Property caused by the exercise of said right of access. Grantee from time to time may remove bushes, trees or other obstructions on the Property and grade the Property to the extent reasonably necessary to carry out the purposes set forth above, provided, however that following any such work, Grantee shall, to the extent reasonable practical, restore the Property to the condition it was immediately in prior to such work. Grantee shall at all times ti exercise good faith effort to execute precautions to assure the safety of individuals on and around the Property; limit its access to the Property; limit damages to the Property; and limit any interference with Grantor's use and enjoyment of the Property. 2 3. Grantor reserves-the right to use the Property for any purposes not inconsistent with the rights herein granted, provided, however, that Grantor shall not construct any building or other structure on the Property that would interfere with the exercise of•the rights herein granted. 4. Grantee agrees to defend, indemnify, and hold Grantor harmless from any and all claims for damages suffered by any person arising out of or in connection with Grantee's exercise of the rights herein granted, provided, however, that Grantee shall not be responsible for any damages arising out of or in connection with Grantee's exercise of the rights herein granted, provided, however, that Grantee shall not be responsible for any damages arising out of injuries to any person caused by the sole negligence of Grantor. 5. This easement shall be a convenant running with the land and the rights and obligations of the parties shall inure to the benefit of and be binding upon- the heirs, successors, and assigns of the parties. 6.• Grantee shall pay the costs of recording this document. DATED this 14th day of December , 1995. U'1 GRANTOR GRANTEE: Q AU SCHOOL DI TRICT NO. 408 CITY OF AUBURN Cq L C BY (rt James P. Fugate IM Its Su erintende t Its 3 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 14th day of December , 1995, before me, a Notary Public in and for the State of Washington, personally appeared James P. Fugate personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as the Superintendent of AUBURN SCHOOL DISTRICT NO. 408 to be the' free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and officials seal the day and year first above written. Notary Public in d for the State of Washington, residing at Auburn My Commission Expires S-14-9q d" LQ STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 199 before me, a Notary Public in and or the state o Washington, personally appeared ~.nsV) cy'' persona ly known to me (or proved to me on the basi of satisfactory evidence) to be the person who executed this instrument, on oath stated that ~he was authorized to execute the instrument, and acknowledge it as the me K4jIL¢s.N- of CITY OF AUBURN to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the.instrument. I q, WITNESS a ~ affxc EaF e%1 the 4 lT • + ° U` ~ o %OTAgy 9OV% M • 0F WAra~ WHEREOF, I have hereunto set my hand and day and y4l4r first above written. Notary Public in and/for the State of Washington, residing at r►.. My Commission Expires 1 Ool city easement form2/10-27-94 EXHEBIT "All STORM DRAINAGE EASEMENT THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30;- TOWNSHIP 21 - NORTH; RANGE 5' "EAST,. ~ W.M., --IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE N 01017'37" E A DISTANCE OF 1318.18 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER AND THE NORTHWEST CORNER OF REVISED LOT 74 AS DEPICTED AND DESCRIBED ON SHEET 2 OF 2 OF RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 9412279007, RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG SAID NORTH LINE S 88°58' 16" E A DISTANCE OF 323.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S 88°58' 16" E A DISTANCE OF 346.00 FEET; THENCE S 01001'44" W A DISTANCE OF 22.00 FEET; THENCE S 89°23' 18" W A DISTANCE OF 279.43 FEET; THENCE N 64044'52" W A DISTANCE OF 73.12 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN M!G COUNTY, WASHINGTON. C~ 0tW /DSO ZA GTAA 0 R. e ~~ss9FO s~ ~ LMOM SO EXPIRES I - 2 - 97 DAVID EVANS AND ASSOCIATES, INC. A PROFESSIONAL SERVICES CONSULTING FIRM OFFICES IN OREGON, WASHINGTON, CALIFORNIA AND ARIZONA TRANS PACIFIC TRADE CENTER BUILDING 3700 PACIFIC HWY. E.. SUITE 311 TACOMA. TASHINCTON 98424 A PORTION OF THE S. 1/2 "EC. 30, TWP. 21 N., R. 5 E., W.M. KING COU NASHINGTON 9604260425 EXHIBIT TO ACCOMPANY STORM DRAINAGE EASEMENT THE MW CORNER OF S ~T J7' REVISED LOT 74 PER S 0177 37' w D 1e2 ta' w RECORD SURVEY 142.20 REG. NO. 9412279007 37TH ST. S.E. ~o.a0 T.P.o.B. STORU DRAINAGE EASEMENT S 8835.25' E - S 8858/8- [ tc50.00' 3 O1'20f0* ' S 88.58'18' E 10&93 N emir w 1 V 1x84, 19 s 323.00 S 89 2318 W ` 2060 N 8818 ~x x a4 o N 84'44 Sr w 279.4Y S OIMI*44' W N. . 0 r r 1 7112' 2200' .4 > a S a 113 w REVISED LOT 74 REC. NO, 9412279007 i S 7a. aaRti~ ~ 5 ~+a 10 w 1•f 4 ri n i yti.Lhy' i---30• RD. EASEMENT AS SHOW ON RECORD OF SURVEY Sy, ` ' PER AFN /9111229008 y n ° RECORDS OF KING COUNTY, wA. o C , y: LOT 1 AUBURN SHORT PLAT /SP-1-83 + PER AFN 18305120301 RECORDS OF KING COUNTY, wA. II - 397028' R - 570.00' ' 33823, L - 3910Y 1322.73. .00 ~ - N ee3r2r w 3 w CORNER SE 114 SW 1/4 SECTION 3O W n r 0 z THE SOUTHWEST CORNER OF THE SOUTHWEST OUARTER OF THE SOUTHEAST QUARTER OF SECTION 30. TOWNSHIP 21 NORTH, RANGE i V5 EAST. W.M. 200 0 200 SCALE: I' - 200' 6 to, I DAVID EVANS and ASSOCIATES, INC. 3700 PACIFIC HWY. E.. SUITE 311 TACOUk WA. 98424 (2O6)922-9788 JOB I ASOX 0012 ASDXSTRN.09C DISK 2264 RRS 9-25-95