HomeMy WebLinkAbout9709020886 WATER EASEMENT 090297. f
CITY CLERK
CITY OF AUBURN
25 WEST MAIN STREET
AUBURN. WASHINGTON 98001-4998
EASEMENT FOR WATER SYSTEM FACILITIES
FILED BY PNVff W 35CO_112- IS/S'
Grantor: La Pianta Limited Partnership, a Washington limited partnership
Grantee: The City of Auburn, a Washington municipal corporation
Legal Description (abbreviated): Portion of NE'/a, SW I/4 $28, Township 21 North, Range 5 East, W.M.,
in King County, Washington. The full legal description of area benefitted by Easement is set forth on
EXHIBIT A. Full legal description of Easement Area is set forth on EXHIBIT B.
Assessor's Tax Parcel IDS': Parcel burdened by Easement is 282105-9010.
THIS EASEMENT FOR WATER SYSTEM FACILITIES ("Easement") is made and entered into this 13th
day of January, 1997, by and between LA PIANTA LIMITED PARTNERSHIP, a Washington limited
partnership ("Grantor") and THE CITY OF AUBURN, a Washington municipal corporation ("Grantee"), for
the purposes hereunder specifically set forth.
WHEREAS, Grantor hereunder is the owner of certain real property located in the City of Auburn, King
County, Washington, and described on EXHIBIT "A" attached hereto and incorporated herein by this
reference (the "Property"). For purposes of this Easement, the Property includes the Easement Area (as that
term is defined herein); and
WHEREAS' Grantee desires an easement under, over through and across the Property at a location more
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specifically described in the legal description set forth on EXHIBIT "B" hereto and the drawing set forth on
EXHIBIT "C" hereto (the "Easement Area") in order to operate, maintain and repair certain water system
N facilities. EXHIBITS "B" and "C" are attached hereto and incorporated herein by this reference; and
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NOW THEREFORE, in consideration of mutual benefits, the sufficiency and receipt of which are hereby
acknowledged, and in consideration of the performance of Grantee of the covenants, terms and conditions
hereinafter set forth, which Grantee hereby promises to faithfully and fully observe and perform, Grantor
hereby conveys and quitclaims to Grantee a nonexclusive, perpetual easement over, across, along, in, upon
and under the Easement Area, according to the terms, conditions and covenants of this Easement
("Easement").
1. Purpose. Grantee shall have the right to construct, operate, maintain, inspect, repair, and replace
water system facilities and an underground powerline installed only for the purpose of serving such water
system facilities within the Easement Area together with all necessary appurtenances thereto (collectively, the
"Improvements") and shall have no other rights hereunder without the express written authorization of
Grantor.
2. Access. Grantee shall have the right of access over and across the Easement Area to enable Grantee
to exercise its rights and fulfill its obligations hereunder. Grantee shall compensate Grantor for any damages
to the Easement Area, the Property, and/or to any improvements within and to the :Property and any property
located thereon, resulting from or arising out of the exercise of Grantee's rights and/or fulfillment of Grantee's
obligations hereunder. The Grantee shall design, construct, maintain and use the Improvements in such
fashion as to permit reasonable and continuous access throughout the Property for Grantor, its agents,
licensees and permittees, in all directions, and in such fashion as to accommodate and support vehicular travel
over and across the Easement Area, including travel by heavy equipment. Grantee shall at all times keep the
Easement Area free and clear of all obstructions and equipment. If requested by Grantor, Grantee shall make
provisions for continued access by Grantor throughout the Property during Grantee's exercise of its rights
and/or fulfillment of its obligations hereunder.
3. Compliance with Laws and Rules. Grantee shall at its sole cost and expense, install, construct,
operate, maintain, remove, repair, replace and use the Improvements, and shall exercise any and all rights
and fulfill any and all obligations hereunder, in accordance with the requirements of all applicable federal,
Said document(s) were filed for'
record by Pacific Northwest Title as;
EASEMENT FOR WATER SYSTEM FACILITIES accommodation only, It has not beew
examined as to proper execution or
Grantor: La Pianta Limited Partnership ex ex to its effect capon title.
Grantee: City of Auburn
Page 1 of 5
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state, and local laws, rules and regulations, including but not limited to, the orders, rules and/or regulations
of any public authority having jurisdiction. Grantee shall ensure that all work is performed in strict
compliance with the plans and specifications approved for same, and in as safe a manner as is possible, and
otherwise in accordance with safety and other guidelines and directives provided by the Washington State
Department of Labor and Industries and by any other governmental entities authorized to enact safety
guidelines relating to the work to be performed hereunder. Grantee expressly covenants and agrees that no
liens of mechanics, materialmen, laborers, architects, artisans, contractors, subcontractors or any other lien
of any kind whatsoever shall be created against or imposed upon the Property resulting from or arising out
of the exercise of Grantee's rights and/or fulfillment of Grantee's obligations hereunder. It is understood and
agreed that in the event any such lien is recorded, Grantee shall have a reasonable time not to exceed thirty
(30) days following Grantee's knowledge of said lien, to have said lien released of record at Grantee's sole
cost and expense.
4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted including using any roadway constructed over the
Easement Area, provided that Grantor shall not construct or maintain any buildings or other permanent
structures on the Easement Area without Grantee's prior written consent. For purposes of this Easement,
paved surfaces shall not be deemed or construed to be a structure. Grantor reserves all rights with respect
to and including the Easement Area and the Property, including, without limitation; the right at Grantor's
election to relocate a portion of the facilities installed pursuant to that certain easement granted to the City of
Auburn by Steve and Eliza Sam, dated February 11, 1926, and recorded under Auditor's File No. 2314671
(the "Sam Easement") to the Easement Area and/or City of Auburn Right-of-Way for the S.E. Stuck River
Road extension, and the right to grant leases, easements, licenses and permits to others subject to the rights
specifically granted herein. In the event of such relocation by Grantor, the City of Auburn hereby agrees to
abandon and release to Grantor in writing by way of a signed instrument in recordable form, the original
facilities in their original location, and the applicable portion of the Sam Easement.
S. Record Construction Drawings and Survey. Upon Grantor's request, Grantee shall promptly
provide Grantor with record construction drawings and survey(s) showing the locations and elevations of the
Improvements.
:A 6. Grantee's Use and Activities. Grantee's rights hereunder shall at all times be subordinate to such
rights of Grantor as are necessary to preserve and maintain the capabilities of the Easement Area and the
C Property to be used for any legal purpose, and nothing herein contained shall prevent or preclude Grantor
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N from undertaking construction, installation and use of any improvements within and to the Property. Grantee
shall exercise its rights under this Easement so as to minimize and avoid, insofar as possible, interference with
the use of the Property and shall at all times conduct its activities on the Easement Area so as not to interfere
with, obstruct or endanger operations or facilities on the Property. Grantee shall exercise its rights and
perform its obligations hereunder on the Property in such manner as may be communicated to Grantee by
Grantor for the purpose of protecting the Property and any improvements thereon, preventing hazardous
conditions and minimizing interruption of Grantor's rights with respect to the Property.
7. Obstructions; Landscaping. Grantee shall at its sole cost and expense, clear the Easement Area.
Grantee may from time to time remove trees, bushes or other obstructions within the Easement Area and may
level and grade the Easement Area and take such other measures to the extent reasonably necessary to carry
out the purposes set forth in Section 1; provided that following such work, Grantee shall, to the extent
reasonably practicable, restore the Easement Area to the condition it was immediately prior to such work.
Following installation of the Improvements, Grantor may undertake any ordinary improvements to the
landscaping of the Easement Area, provided that no trees of other plants shall be placed thereon which would.
be unreasonably expensive or impractical for Grantee to remove and restore. It is specifically understood and
agreed that Grantor may, at its sole election, fence across the Easement Area and/or along the boundaries of
the Easement Area, provided that a gate is constructed in said fence. Said gate shall be of sufficient length
and location to allow Grantee use of, and ingress and egress to and from the Easement Area for purposes of
exercising Grantee's right and fulfilling Grantee's obligations hereunder. If said gate is to be locked, keys
shall be provided to Grantee.
Environmental Conditions; Hazardous Substances.
a. Grantee shall not keep, use, dispose of, release, transport, generate and/or sell on or about the
Property any substance now or hereafter defined or designated as a hazardous waste, a hazardous substance,
a toxic substance, pollutant or contaminant, under any federal, state, or. local law, regulations, statute or
ordinance (referred to in this document as "Hazardous Substances") in violation of any environmentally related
federal, state or local law, regulation, statute or ordinance.
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Pianta Limited Partnership
Grantee: City of Auburn
Page 2 of 5
b. Grantee shall comply with all federal, state and local laws, regulations, statutes and ordinances
concerning Hazardous Substances. Grantee shall promptly upon discovery, notify Grantor of any spill or
release of any such spill or release of Hazardous Substances which is required to be reported to any federal,
state, or local regulatory agency. Grantee shall promptly notify Grantor of:
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i. Any failure of Grantee to comply with any federal, state or local law, regulation or
ordinance as now enacted or as subsequently enacted or amended, which failure relates to the Property or
this Easement;
ii. All inspections of the Property by any regulatory entity concerning any failure by Grantee
as described in Section 8.b.i above;
iii. Any regulatory orders or fines imposed upon, applicable to, or levied against Grantee
respecting Grantee's use, disposal, release, transport, generation or selling of Hazardous Substances in
connection with Grantee's exercise of its rights and/or fulfillment of its obligations hereunder;
iv. All response or interim clean-up actions taken by or proposed to be taken by any
governmental entity or private party (including Grantee) relating to Grantee's use, disposal, release, transport,
generation or selling of Hazardous Substances in connection with Grantee's exercise of its rights and/or
fulfillment of its obligations hereunder; and
v. Any negotiations with any regulatory entity for a consent decree or order under any
authority for or concerning any plans for remedial action at the Property. Grantee shall notify Grantor of any
order issued to Grantee by any third party concerning Hazardous Substances at the Property.
9. Removal of Improvements on Termination. Upon any termination of this Easement, Grantee shall
upon Grantor's request, promptly remove the Improvements from the Easement Area and restore the ground
to the condition existing prior to the removal of such Improvements, or, in the alternative, take such other
mutually agreeable measures to minimize the impact of the Improvements on the Property. Such work,
removal and restoration shall be done at the sole cost and expense of Grantee and in a manner satisfactory to
Grantor. In case of failure of Grantee to so remove the Improvements, restore the ground or take such other
mutually agreeable measures, Grantor may, after reasonable notice to Grantee, accomplish the same, all at
Grantee's sole cost and expense and without liability to Grantor.
10. Third Party Rights. Grantor reserves all rights with respect to the Property including but not limited
to the right to grant leases, easements, licenses and permits to others subject to the rights specifically granted
in this Easement.
11. Grantee's Agreement and Indemnity. By executing this Easement, Grantee does hereby: (a) agree
to all provisions contained in this instrument; and (b) release, indemnify and promise to defend and save
harmless Grantor and the Property from and against any and all liability, loss, cost, damage, expense, actions
and claims, costs (including fees of consultants and experts), and reasonable attorneys' fees suffered or
incurred by Grantor or the Property, to the extent of the negligence of Grantee and Grantee's servants, agents,
employees and contractors, resulting from or arising out of the exercise of Grantee's rights and/or fulfillment
of Grantee's obligations hereunder. Grantee shall not be required to indemnify Grantor against liability for
any portion of the damages (if any) caused by or resulting from the negligence of Grantor.
12. Taxes and Assessments. Grantee shall promptly pay or reimburse Grantor for any taxes and/or
assessments levied as a result of this Easement or relating to the Improvements.
13. Title. The rights granted herein are subject to leases, easements, licenses and permits, if any,
heretofore granted by Grantor affecting the Property. Grantor does not warrant title to the Property and shall
not be liable for defects thereto or failure thereof.
14. Notices. All notices under this Easement shall be in writing and delivered in person or sent by
registered or certified mail, postage prepaid, and addressed to Grantor and Grantee at the addresses hereinafter
set forth or such other addresses as may from time to time be designated by either party in writing and
pursuant to this Section. Notices mailed as aforesaid shall be deemed given on the date received as evidenced
by the return receipt.
Grantor:
LA PIANTA LIMITED PARTNERSHIP
ATTN: Ann J. Nichols
P. 0. Box 88050
Tukwila, Washington 98138
Grantee:
CITY OF AUBURN
ATTN: Dept. of Public Works, Utilities Engineer
25 West Main Street
Auburn, Washington 98001-4998
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Pianta Limited Partnership
Grantee: City of Auburn
Page 3 of 5
15. Assignment. Grantee shall not assign its rights hereunder. No assignment of the privileges and
benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of Grantee herein,
whether by operation of law or otherwise, shall be valid without the prior written consent of Grantor. In the
event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and
several.
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16. Authorization. Grantee represents and warrants that the execution, delivery and performance of this
Easement have been duly authorized by all necessary persons. The person(s) executing this instrument on
behalf of Grantee further individually represent and warrant that each is duly authorized to execute and deliver
this Easement to Grantor on behalf of Grantee.
17. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of two (2) successive years, in which event this Easement shall terminate and all
rights hereunder revert to Grantor, provided however, in such event Grantee shall not be released or deemed
released from any liability or obligation with respect to any matter occurring prior to such termination, nor
shall such termination release Grantee from its obligation and liability to remove the Improvements from the
Easement Area and restore the ground.
18. Successors. The rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
19. Survival of Grantee's Obligations. Any and all obligations of Grantee hereunder shall survive any
termination of this Easement.
20. Relocation of Improvements. Grantor hereby reserves the right, at its election and at its sole cost
and expense, subject to applicable regulations, to relocate the Improvements. Any such relocation shall be
subject to Grantee's prior review and approval. Grantee agrees to promptly review and approve any such
relocation provided that the functionality of the proposed relocated improvements is equal to the functionality
of the Improvements immediately prior to such relocation. In the event of such relocation by Grantor, Grantee
hereby agrees to abandon and release to Grantor in writing by way of a signed instrument in recordable form,
the original facilities in their original location, and the related easement.
21. Effective Date. This Easement shall be effective when duly executed by the parties and recorded in
the office of the Records and Elections Division of King County, Washington.
GIVEN under the threat of and in lieu of eminent domain.
GRANTOR:
LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership
By: Metro Land Development, Inc., a Washington corporation,
its General Partner
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M. A. Segal , President
GRANTEE:
CITY OF AUBURN,
a Washington municipal corporation
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By: Q_ 'IQAe~ . I J~
Charles A. Booth
Its: Mayor
APPROVED AS TO FC RM:
V
Michael J. Reynolds,
Auburn City Attorney
Attest:
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Pianta Limited Partnership
Grantee: City of Auburn
Page 4 of 5
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this l 3 day of 199`1 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale,
to me known to be the person who signed as President of Metro Land Development, Inc., the corporation
acting as general partner of La Pianta Limited Partnership, a Washington limited partnership, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited Partnership for the uses
and purposes therein mentioned; and on oath stated that he was duly elected, qualified and acting as said
officer or the corporation and that he was authorized to execute the said instrument on behalf of Metro Land
Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the
corporation was authorized to execute said instrument on behalf of La Banta Limited Partnership.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
..'tea" G ~ t' tittl
4 Signature of Nata
e try
Print or stamp name of Notary
C. Cl'
7 y q\ m Notary Public in and for the State of Washington,
~1P~ °F
residing at z-.~--
t`~~tll kO% e' My commission expires I -Z- 1'S ci`1
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X. STATE OF WASHINGTON
ss.
COUNTY OF KING )
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I certify that I know or have satisfactory evidence that Charles A. Booth signed this instrument, and
on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City
of Auburn, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Pianta Limited Partnership
Grantee: City of Auburn
Page 5 of 5
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my hand and official seal this d da of
Given under - Y ) 19y
EXHIBIT "A"
LW Description of the Property
Tax Parcel 282105-901.0
ALL OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH HALF OF SAID SOUTHWEST QUARTER OF SAID SECTION;
AND EXCEPT THAT PORTION LYING WITHIN S.E. STUCK RIVER ROAD AS CONVEYED TO KING
COUNTY BE DEED RECORDED UNDER RECORDING NO. 5853043;
AND EXCEPT THOSE PORTIONS CONVEYED TO THE MUCKLESHOOT INDIAN TRIBE BY DEED
RECORDED UNDER RECORDING NO. 8811291097;
AND EXCEPT THAT PORTION OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER
OF SAID SECTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER;
THENCE SOUTH 89°41'25" EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A
DISTANCE OF 432.53 FEET;
THENCE SOUTH 00°21'30" EAST A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF THE
S.E. STUCK RIVER ROAD EXTENSION AND THE TRUE POINT OF BEGINNING;
G~ THENCE SOUTH 89°41'25" EAST ALONG SAID SOUTH MARGIN A DISTANCE OF 250.00 FEET;
THENCE SOUTH 00°21'30" EAST A DISTANCE OF 600.00 FEET;
THENCE NORTH 89°41'25" WEST A DISTANCE OF 250.00 FEET;
THENCE NORTH 00°21'30" WEST A DISTANCE OF 600.00 FEET TO THE TRUE POINT OF
BEGINNING.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Pianta Limited Partnership
Grantee: City of Auburn
EXHIBIT "A" - Page I of I
EXHIBIT "B"
Legal Description of Easement Area
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
28, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28;
THENCE SOUTH 00053'29" WEST, ALONG THE WEST BOUNDARY OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, A DISTANCE OF 30.00 FEET TO THE
SOUTH MARGIN OF S.E. STUCK RIVER ROAD EXTENSION AS DEDICATED TO KING COUNTY
BY QUIT CLAIM DEED RECORDED IN VOLUME 4633 OF DEEDS, PAGE 444 AND RECORDED
UNDER AUDITOR'S FILE NUMBER 5853045, RECORDS OF KING COUNTY, WASHINGTON AND
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89°09'29" EAST, ALONG SAID SOUTH MARGIN, 33.00 FEET;
THENCE SOUTH 00°53'29" WEST, 109.89 FEET;
THENCE SOUTH 45°21'56" EAST, 32.97 FEET TO THE NORTHERLY BOUNDARY OF A 33 FOOT
WIDE EASEMENT FOR A 24 INCH WATER PIPE LINE FROM STEVE SAM AND ELIZA SAM,
HUSBAND AND WIFE, CONVEYED BY DEED TO THE CITY OF AUBURN AND DATED THE 11TH
DAY OF FEBRUARY, 1926;
THENCE NORTH 81012'49" WEST, ALONG SAID NORTH BOUNDARY, 57.36 FEET TO THE WEST
BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28;
THENCE NORTH 00°53'29" EAST, 124.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4,426 SQUARE FEET, MORE OR LESS.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
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EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Pianta Limitcd Partnership
Grantee: City of Auburn
EXHIBIT "B" - Page I of I
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NE 1/4, SW 1/4, SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM
P.C.3.\ SXC STUCK RIVER ROAD EXTENTION CTR SEC. 28-\
SO. MARGIN OF STICK RIVER ROAD EXTENSION
PROPOSED EASEMENT - SEE BELOW
_ FOR ENLARGEMENT
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T.P.O.B. 33.00
S 89-09-29 E .
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NE 1 SW 1/ 4
282105-9010 A• P!ANTA, -TD PARTNERSHIP I
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282`:05-9013 CITY OF AUBURN
LEGEND
[7777 77771
. PROPOSED ACCESS/'UTILITIES EASEMENT
4,426 SF, MORE OR LESS
D:\ TMP\COA'_ESMT
PARCEL NUMBER 282105-9010
CITY OF AUBURN
OWNER: LA PIANTA LTD PARTNERSHIP
DEPARTMENT OF PUBLIC WORKS
PO BOX 88050
ENGINEERING DEPARTMENT
TUKWILA, WA 98138
EXHIBIT "C"
EASEMENT AREA 4,426 SQ. FT.
EASEMENT FOR WATER SYSTEM FACILITIES
(COAL CREEK SPRINGS)
CJ
CITY CLERK
CITY OF AUBURN
25 WEST MAIN STREET
AUBURN. WASHINGTON 98001-4998
EASEMENT FOR WATER SYSTEM: FACILITIES
Grantor: La Pianta Limited Partnership, a Washington limited partnership
Grantee: The City of Auburn, a Washington municipal corporation
Legal Description (abbreviated): Portion of NE'/s, SW'/, §28, Township 21 North, Range 5 East, W.M.,
in King County, Washington. The full legal description of area benefitted by Easement is set forth on
EXHIBIT A. Full legal description of Easement Area is set forth on EXHIBIT B.
Assessor's Tax Parcel ID#: Parcel burdened by Easement is 282105-9010.
THIS EASEMENT FOR WATER SYSTEM FACILITIES ("Easement") is made and entered into this 13th
day of January, 1997, by and between LA PIANTA LIMITED PARTNERSHIP, a Washington limited
partnership ("Grantor") and. THE CITY OF AUBURN, a Washington municipal corporation ("Grantee"), for
the purposes hereunder specifically set forth.
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WHEREAS, Grantor hereunder is the owner of certain real property located in the City of Auburn, King
County, Washington, and described on EXHIBIT "A" attached hereto and incorporated herein by this
reference (the "Property"). For purposes of this Easement, the Property includes the Easement Area (as that
term is defined herein); and
r.D WHEREAS, Grantee desires an easement under, over through and across the Property at a location more
X specifically described in the legal description set forth on EXHIBIT "B" hereto and the drawing set forth on
O EXHIBIT "C" hereto (the "Easement Area") in order to operate, maintain and repair certain water system
C4
O facilities. EXHIBITS "B" and "C" are attached hereto and incorporated herein by this reference; and
NOW THEREFORE, in consideration of mutual benefits, the sufficiency and receipt of which are hereby
Ci acknowledged, and in consideration of the performance of Grantee of the covenants, terms and conditions
hereinafter set forth, which Grantee hereby promises to faithfully and fully observe and perform, Grantor
hereby conveys and quitclaims to Grantee a nonexclusive, perpetual easement over, across, along, in, upon
and under the Easement Area, according to the terms, conditions and covenants of this Easement
("Easement").
1. Purpose. Grantee shall have the right to construct, operate, maintain, inspect, repair, and replace
water system facilities and an underground powerline installed only for the purpose of serving such water
system facilities within the Easement Area together with all necessary appurtenances thereto (collectively, the
"Improvements') and shall. have no other rights hereunder without the express written authorization of
Grantor.
2. Access. Grantee shall have the right of access over and across the Easement Area to enable Grantee
to exercise its rights and fulfill its obligations hereunder. Grantee shall compensate Grantor for any damages
to the Easement Area, the Property, and/or to any improvements within and to the Property and any property
located thereon, resulting from or arising out of the exercise of Gran'fee's"rights and/or fulfillment of Grantee's
obligations hereunder. The Grantee shall design, construct, maintain and use the Improvements in such
fashion as to permit reasonable and continuous access throughout the Property for Grantor, its agents,
licensees and permittees, in all directions, and in such fashion as to accommodate and support vehicular travel
over and across the Easement Area, including travel by heavy equipment. Grantee shall at all times keep the
Easement Area free and clear of all obstructions and equipment. If requested by Grantor, Grantee shall make
provisions for continued access by Grantor throughout the Property during Grantee's exercise of its rights
and/or fulfillment of its obligations hereunder.
Filed by:
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3. Compliance with Laws and Rules. Grantee shall at its sole cost and expense, install, construct,
operate, maintain, remove, repair, replace and use the Improvements, and shall exercise any and all rights
and fulfill any and all obligations hereunder, in accordance with the requirements of all applicable federal,
Sair! rlnCUniNn~•;) n,n Glom { .
ier;ord by Pnf.ifir~ Nnrth.vrst roin n :
t:CCrncr:. 1;di,:n only. It his Writ hsrnn
EASEMENT FOR WATER SYSTEM FACILITIES
i~ r,r.nminr•+1 ac Irk t,t t+I,nr PCP rlltlr )'1 nt
Grantor: La Punta Limited PartacrahiP n¢ In il•: r,'ir;Cl i pt,•, rw,
.r Gtantee: City of Auburn
Page 1 of S
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state, and local laws, rules and regulations, including but not limited to, the orders, rules and/or regulations
of any public authority having jurisdiction. Grantee shall ensure that all work is performed in strict
compliance with the plans and specifications approved for same, and in as safe a manner as is possible, and
otherwise in accordance with safety and other guidelines and directives provided by the Washington State
Department of Labor and Industries and by any other governmental entities authorized to enact safety
guidelines relating to the work to be performed hereunder. Grantee expressly covenants and agrees that no
liens of mechanics, materialmen, laborers, architects, artisans, contractors, subcontractors or any other lien
of any kind whatsoever shall be created against or imposed upon the Property resulting from or arising out
of the exercise of Grantee's rights and/or fulfillment of Grantee's obligations hereunder. It is understood and
agreed that in the event any such lien is recorded, Grantee shall have a reasonable time not to exceed thirty
(30) days following Grantee's knowledge of said lien, to have said lien released of record at Grantee's sole
cost and expense.
4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted including using any roadway constructed over the
Easement Area, provided that Grantor shall not construct or maintain any buildings or other permanent
structures on the Easement Area without Grantee's prior written consent. For purposes of this Casement,
paved surfaces shall not be deemed or construed to be a structure. Grantor reserves all rights with respect
to and including the Easement Area and the Property, including, without limitation; the right at Grantor's
election to relocate a portion of the facilities installed pursuant to that certain easement granted to the City of
Auburn by Steve and Eliza Sam, dated February 11, 1926, and recorded under Auditor's File No. 2314671
(the "Sam [Easement") to the Easement Area and/or City of Auburn Right-of-Way for the S.E. Stuck River
Road extension, and the right to grant leases, easements, licenses and permits to others subject to the rights
specifically granted herein. In the event of such relocation by Grantor, the City of Auburn hereby agrees to
abandon and release to Grantor in writing by way of a signed instrument in recordable form, the original
facilities in their original location, and the applicable portion of the Sam Easement.
5. Record Construction Drawings and Survey. Upon Grantor's request, Grantee shall promptly
provide Grantor with record construction drawings and survey(s) showing the locations and elevations of the
Improvements...
T 6. Grantee's Use and Activities. Grantee's rights hereunder shall at all times be subordinate to such
"r,' rights of Grantor as are necessary to preserve and maintain the capabilities of the Easement Area and the
G Properly to be used for any legal purpose, and nothing herein contained shall prevent or preclude Grantor
C4 from undertaking construction, installation and use of any improvements within and to the Property. Grantee
0 shall exercise its rights under this Easement so as to minimize and avoid, insofar as possible, interference with
the use of the Property and shall at all times conduct its activities on the Easement Area so as not to interfere
i~ with, obstruct or endanger operations or facilities on the Property. Grantee shall exercise its rights and
IT perform its obligations hereunder on the Property in such manner as may he communicated to Granice by
Grantor for the purpose of protecting the Property and any improvements thereon, preventing hazardous
conditions and minimizing interruption of Grantor's rights with respect to the Properly.
7. Ohslruclions; Landscaping. Grantee shall at its sole cost and expense, clear the Easement Area.
Grantee may from time to time remove trees, bushes or other obstructions within the Easement Area and may
level and grade the Easement Area and take such other measures to the extent reasonably necessary to carry
out the purposes set forth in Section I; provided that following such work, Grantee shall, to the extent
reasonably practicable, restore the Easement Area to the condition it was immediately prior to such work-
Following installation of the Improvements, Grantor may underlake any ordinary improvements to the
landscaping of the Easement Area, provided that no trees of other plants shall be placed thereon which would
be unreasonably expensive or impractical for Grantee to remove and restore. It is specifically understood and
agreed that Grantor may, at its sole election, fence across the Easement Area and/or along the boundaries of
the Easement Area, provided that a gate is constructed in said fence. Said gate shall he of sufficient length
and location to allow Grantee use of, and ingress and egress to anT rom the Easement Area for purposes of
exercising Grantee's right and fulfilling Grantee's obligations hereunder. If said gate is to be locked, keys
shall be provided to Grantee.
8. Environmental Conditions; Hazardous Substances.
a. Grantee shall not keep, use, dispose of, release, transport, generate and/or sell on or about the
Property any substance now or hereafter defined or designated as a hazardous waste, a hazardous substance,
a toxic substance, pollutant or contaminant, under any federal, state, or local law, regulations, statute or
ordinance (referred to in this document as "Hazardous Substances") in violation of any environmentally related
federal, state or local law, regulation, statute or ordinance.
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Piants Limited Partnership
Grantee: City of Auburn
Page 2 of S
0
b. Grantee shall comply with all federal, state and local laws, regulations, statutes and ordinances
concerning Hazardous Substances. Grantee shall promptly upon discovery, notify Grantor of any spill or
release of any such spill or release of Hazardous Substances which is required to be reported to any federal,
state, or local regulatory agency. Grantee shall promptly notify Grantor of:
i. Any failure of Grantee to comply with any federal, state or local law, regulation or
ordinance as now enacted or as subsequently enacted or amended, which failure relates to the Property or
this Easement;
ii. All inspections of the Property by any regulatory entity concerning any failure by Grantee
as described in Section 8.b.i above;
iii. Any regulatory orders or fines imposed upon, applicable to, or levied against Grantee
respecting Grantee's use, disposal, release, transport, generation or selling of Hazardous Substances in
connection with Grantee's exercise of its rights and/or fulfillment of its obligations hereunder;
iv. All response or interim clean-up actions taken by or proposed to be taken by any
governmental entity or private party (including Grantee) relating to Grantee's use, disposal, release, transport,
generation or selling of Hazardous Substances in connection with Grantee's exercise of its rights and/or
fulfillment of its obligations hereunder; and
v. Any negotiations with any regulatory entity for a consent decree or order under any
authority for or concerning any plans for remedial action at the Property. Grantee shall notify Grantor of any
order issued to Grantee by any third party concerning Hazardous Substances at the Property,
9. Removal of Improvements on Termination. Upon any termination of this Easement, Grantee shall
upon Grantor's request, promptly remove the Improvements from the Easement Area and restore the ground
to the condition existing prior to the removal of such Improvements, or, in the alternative, take such other
mutually agreeable measures to minimize the impact of the Improvements on the Property. Such work,
removal and restoration shall he done at the sole cost and expense. of.Grantee- and_ in a.manner satisfactory to
,D Grantor. In case of failure of Grantee to so remove the Improvements, restore the ground or take such other
X mutually agreeable measures, Grantor may, after reasonable notice to Grantee, accomplish the same, all at
Z Grantee's sole cost and expense and without liability to Grantor.
O
0 10.r Third Party Rights. Grantor reserves all rights with respect to the Property including but not limited
C7
to the right to grant leases, easements, licenses and permits to others subject to the rights specifically granted
in this Easement.
L•
ad
IL Grantee's Agreement and Indemnity. By executing this Easement, Grantee does hereby: (a) agree
to all provisions contained in this instrument; and (b) release, indemnify and promise to defend and save
harmless Grantor and the Property from and against any and all liability, loss, cost, damage, expense, actions
and claims, costs (including fees of consultants and experts), and reasonable attorneys' fees suffered or
incurred by Grantor or the Property, to the extent of the negligence of Grantee and Grantee's servants, agents,
employees and contractors, resulting from or arising out of the exercise of Grantee's rights and/or fulfillment
of Grantee's obligations hereunder, Grantee shall not be required to indemnify Grantor against liability for
any portion of the damages (if any) caused by or resulting from the negligence of Grantor.
12. Taxes and Assessments. Grantee shall promptly pay or reimhurse Grantor for any taxes and/or
assessments levied as a result of this Easement or relating to the Improvements.
13. Title. The rights granted herein are subject to leases, easements, licenses and permits, if any,
heretofore granted by Grantor affecting the Property. Grantor does not warrant title to the Property and shall
not be liable for defects thereto or failure thereof.
14. Notices. All notices under this Easement shall be in writing and delivered in person or sent by
registered or certified mail, postage prepaid, and addressed to Grantor and Grantee at the addresses hereinafter
set forth or such other addresses as may from time to time be designated by either party in writing and
pursuant to this Section. Notices mailed as aforesaid shall be deemed given on the date received as evidenced
by the return receipt.
Grantor:
LA PIANTA LIMITED PARTNERSHIP
ATTN: Ann J. Nichols
P. O. Box 88050
Tukwila, Washington 98138
EASEMENT FOR WATER SYSTEM FACILITIES
Grantnr La Pientn Limited Pertnerehip
Grantee: City of Auburn
Page 3 of 5
Filed by:
PNIVV,r
Grantee:
CITY OF AUBURN
ATTN: Dept. of Public Works, Utilities Engineer
25 West Main Street
Auburn, Washington 98001-4998
0? I( I
• A
Is. Assignment. Grantee shall not assign its rights hereunder. No assignment of the privileges and
benefits accruing to Grantee herein, and no assignment of the obligations or liabilities of Grantee herein,
whether by operation of law or otherwise, shall be valid without the prior written consent of Grantor. In the
event of any assignment of the rights hereunder, the liability of Grantee and its assignees shall be joint and
several.
16. Authorization. Grantee represents and warrants that the execution, delivery and performance of this
Easement have been duly authorized by all necessary persons. The person(s) executing this instrument on
behalf of Grantee further individually represent and warrant that each is duly authorized to execute and deliver
this Easement to Grantor on behalf of Grantee.
17. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of two (2) successive years, in which event this Easement shall terminate and all
rights hereunder revert to Grantor, provided however, in such event Grantee shall not he released or deemed
released from any liability or obligation with respect to any matter occurring prior to such termination, nor
shall such termination release Grantee from its obligation and liability to remove the Improvements from the
Easement Area and restore the ground.
18. Successors. The rights and obligations of the parties shall inure to the benefit of and he binding upon
their respective successors and assigns.
19. Survival of Grantee's Obligations. Any and all obligations of Grantee hereunder shall survive any
termination of this Easement.
20. Relocation of Improvements. Grantor hereby reserves the right, at its election and at its sole cost
and expense, subject to applicable regulations, to relocate the Improvements. Any such relocation shall be
subject to Grantee's prior review and approval. Grantee agrees to promptly review and approve any such
relocation provided that the functionality of the proposed relocated improvements is equal to the functionality
Z of the Improvements immediately prior to such relocation. In the event of such relocation by Grantor, Grantee
u; hereby agrees to nharidoti and release to Grantor in writing by way.ofa'signed instrument-in recordable form, -
the original facilities in their original location, and the related easement.
C;J
21. Effective Date. This Easement shall be effective when duly executed by the parties and recorded in
the office of the Records and Elections Division of King County, Washington.
i~
04 GIVEN under [he threat of and in lieu of eminent domain.
GRANTOR:
LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership
Ely: Metro Land Development, Inc., a Washington corporation,
its General Partner /
By:
M. A. Segal , President
GRANTEE:
CITY OF AUBURN,
a Washington municipal corporation
tlde-,
By: '
Charles A. Booth
Its: Mayor
Attest:
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: Lb Pianta Limited Partnership
Granite: City of Auhurn
Filed by: Page 4 or 5
7Vr
APPROVffJ AS TO FORM:
L, LCL~~&- U\1
Michael J. Reynolds,
Auburn City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 13~ day of 199 7 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale,
to me known to be the person who signed as President of Metro Land Development, Inc., the corporation
acting as general partner of La Pianta Limited Partnership, a Washington limited partnership, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of Metro Land Development, Inc. as general partner, and of La Pianta Limited Partnership for the uses
and purposes therein mentioned; and on oath stated that he was duly elected, qualified and acting as said
officer or the corporation and that he was authorized to execute the said instrument on behalf of Metro Land
Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the
corporation was authorized to execute said instrument on behalf of La Pianta Limited Partnership.
IN WITNESS. WHEREOF I have hereunto set my hand and official seal the day and year first above written.
t
r, ; , i, Signature of Nota
Print or stamp name of Notary
Notary Public in and for the State of Washington,
r, residing at _ Ksi,.
My commission expires _ 1 Z..(lS Cie,
.
to .
4 STATE OF WASHINGTON )
ss.
C! COUNTY OF KING )
O
1 certify that I know or have satisfactory evidence that Charles A. Booth signed this instrument, and
C
F. on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City
04 of Auburn, a municipal corporation, to he the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Given under my hand and official seal this a - day of l G -G' 19f%F
,-yslr ?f'r'o' , ,w
Signature of Notary
NOTAFlY
N':o Pualc ?
k
Print or stamp name of Notary
r
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.
Notary PublMor the State of Washington,
at ~[G[
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residin
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My appointment expires: /d'- 2 L
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: La Piaota Limited Partnership
Grantee: City of Auburn
Page S of 3
Filed by:
PN`*VT
EXHIBIT "A"
Leval Description of the Property
Tax Parcel 282105-9010
ALL OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH HALF OF SAID SOUTHWEST QUARTER OF SAID SECTION;
AND EXCEPT THAT PORTION LYING WITHIN S.E. STUCK RIVER ROAD AS CONVEYED TO KING
COUNTY BE DEED RECORDED UNDER RECORDING NO. 5853043;
AND EXCEPT THOSE PORTIONS CONVEYED TO THE MUCKLESFIOOT INDIAN TRIBE BY DEED
RECORDED UNDER RECORDING NO. 8811291097;
AND EXCEPT TI [AT PORTION OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER
OF SAID SECTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER;
THENCE SOUr11 89°41'25" EAST ALONG T14E NORTH LINE OF SAID NORTHWEST QUARTER A
p DISTANCE OF 432.53 FEET;
THENCE SOUTH 00°21'30" EAST A DISTANCE OF 30.00 FEET TO THE SOUTH MARGIN OF THE
S.E. STUCK RIVER ROAD EXTENSION AND THE TRUE POINT OF BEGINNING;
C4 THENCE SOU"I'Fi 89°41'25" EAST ALONG SAID SOUTH MARGIN A DISTANCE OF 250.00 FEET;
THENCE SOUTH 00°21'30" EAST A DISTANCE OF 600.00 FEET;
O THENCE NORTH 89°41'25" WEST A DISTANCE: OF 250.00 FEET;
THENCE NORTH 00°21'30" WEST A DISTANCE OF 600.00 FIrEI' TO THE TRUE POINT OF_.
BEGINNING.
SITUATE 1N THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
EASEMENT FOR WATER SYSTEM FACILITIES
Grantor: Le Pinnte Limited Partnership
Grantee: City of Auburn
EXHIBIT 'A' - Page 1 of I
Filed by:
PN'vVT
0?'. 'l
EXHIBIT "B"
Legal Description of Easement Area
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
28, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28;
THENCE SOUTH 00°53'29" WEST, ALONG THE WEST BOUNDARY OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, A DISTANCE OF 30.00 FEET TO THE
SOUTH MARGIN OF S.E. STUCK RIVER ROAD EXTENSION AS DEDICATED TO KING COUNTY
BY QUIT CLAIM DEED RECORDED IN VOLUME 4633 OF DEEDS, PAGE 444 AND RECORDED
UNDER AUDITOR'S FILE NUMBER 5853045, RECORDS OF KING COUNTY, WASHINGTON AND
THE TRUE POINT OF BEGINNING;
TIiENCE SOUTH 89°09'29" EAST, ALONG SAID SOUTH MARGIN, 33.00 FEET;
THENCE SOUTH 00°53'29" WEST, 109.89 FEET;
THENCE SOUTH 45°21'56" EAST, 32.97 FEET TO THE NORTIIERI.I' BOUNDARY OF A 33 FOOT
WIDE, EASEMENT FOR A 24 INCH WATER PIPE LINE FROM STEVE SAM AND ELIZA SAM,
HUSBAND AND WIFE, CONVEYED BY DEED TO'TIIE CITY OF AUBURN AND DATED'T13E I ITII
DAY OF FEBRUARY, 1926;
THENCE NORTH 81-12-49- WEST, ALONG SAID NORTH BOUNDARY, 57.36 FEET TO THE WEST
BOUNDARY OF SAID NORTHEAST QUARTER OF TI If_ SOUTHWEST QUARTER OI' SECTION 28;
THENCE NORT11 00°53'29" EAST, 124.78 FEET TO THE TRUE POINT OF BEGINNING.
A CONTAINING 4,426 SQUARE FEET, MORE OR LESS.
SITUATE IN'THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
0
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C3
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i~
EASEMENT FOR W,%TER SYSTEM FACILITIES
Grantor: Le Pimnta Limitc,l Partncreliip
Graotcc: City of Auburn
a EXHIBIT '11" - Page I of I
1
•
Filed by:
PIS VT
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0
C)
i~
NE 1/4, SW 1/4, SECTION 28, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM
P-O.B. SXC STUCK RIVER ROAD EXTENTION CTR SEC. 28\\
r
SO. MARGIN OF STUCK RIVER ROAD EXTENSION
PROPOSED EASEMENT - SEE BELOW
FOR ENLARGEMENT
F
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B.
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SCALE': 1" 300' I I
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57
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.35'
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,SS
II
NE 1/4. SW 1 /4 I I
282105-9010 LA PIANTA LTD PARTNERSHIP I I
II
SXC
SXC
.
NE '/4. SW 1/';
i
282105-9013 ClT" OF AUBURN
LEGEND
PROPOSED A<;CESS/UTILITIES EASEMENT
4,426 SF, MORE OR LESS D.\\TMP\COALESMI
PARCEL NUMBER _ 282105-9010
CITY OF AUBURN
OWNER: LA PIANTA LTD PARTNERSHIP
DEPARTMENT OF PUBLIC WORKS
PO 80X 88050
ENGINEERING DEPARTMENT
TUKWILA, WA 98138
EXHIBIT "C"
4
FT
426 SO
EASEMENT ..FOR WATER SYSTEM FACILITIES
,
.
.
EASEMENT AREA
(COAL. CREEK SPRINGS)
R
1, "1
- - - -
5 EP 0 2171