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HomeMy WebLinkAbout9502070884 UTILITY EASEMENT 020795F Gtr 5~~---'' When Recorded, Return To: City of Aubum L 25 VV. 1 VVP et 63 CITY OF AUBURN AUBURN SCHOOL DISTRICT TEMPORARY ROAD EASEMENT q,Cxo 2•R-' q 3 J+ FEB 0 7 aQ; KING COUNTY RECORDED 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 temporary and-non-exclusive easement across, over, through and below the real Property located in Icing County, Washington, legally described in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein (hereinafter the "Property"), provided, however, that this easement shall not include any real Property presently owned by others. Ck ~J 1. Grantee shall have the right to operate, maintain, and repair a road system upon and under the aforesaid Property, together with all necessary or convenient appurtenances thereto, which may include, but are not limited to the following: curbs, gutters, sidewalks, roadway, storm drains, water lines, sanitary sewers and street lighting. 2. Grantee shall have the right of access to the Property at all times to enable Grantee to exercise its rights hereunder, provided, however, that Grantee shall 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 reasonably practical, restore the Property to the condition it was immediately in prior to such work. Grantee shall at all times exercise good faith effort to execute precautions to assure the safety of individuals on and around the Property; limit damages to the b 2 Property; and limit any interference with Grantor's use and enjoyment of the Property. TT i`- t1t 0 M 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 injuries to any person caused by the sole negligence of Grantor. 5. This easement shall terminate when the Grantor grants a deed to the Grantee for the Property. 6. Grantee shall pay the costs of recording this document. DATED this 12th day of December , 1994. GRANTOR: A B SCHOOL =408 H P,-, me s P. Fugat Its Superintendent GRANTEE: CITY OF AUBURN Its ~y! ` .t 3 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 4,2~ac_ day of 1994, before me, a Notary Public in and for the Mate of Washington, personally appeared_ _ ane~z ccc~7e. , personally known to me (or prove to me on the asis 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~ 1~.c~t42~~~r 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 official seal the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires l9 -%S Tr GD C~ Ctit CT} STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of J &4,A, , 199 , before me, a Notary Public in and far the state o Washington, personally appeared . -*Z& - S dw personally 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 ()dhe was authorized to execute the instrument, and acknowledged it as the Q+M W~~~ of CITY OF AUBURN to be the free and voluntary act and de ea of said corporation for the uses and purposes mentioned in the instrument. IN,HI TNESS WHEREOF, I have hereunto set my hand and offi,C44 A' Il the day an ear first above written. ~ rat i ION P F,p sir NOTARY • Notary Public in and or thefState cy ;zn Fuguc ~A ~Z . of Washington, residing at -y- ~•.~iy~ER9;,c©~.~ My Commission Expires 11/1/4-) WASO~ IHIN0 1iu city easement form-3 10-27-94 EXMIT A LEGAL DESCRIPTION RIGHT-OF-WAY TO BE DEDICATED TO THE CITY OF AUBURN 1994 ORAVETZ RD. - CITY LIMITS TO APPROX. 150' SW OF MILL POND DRIVE A 60.00 FOOT WIDE STRIP OF LAND SITUATE IN THE NORTHWEST QUARTER (1/4) OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, BEING 30.00 FEET IN WIDTH ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 THAT BEARS S 89°01'16" E. 1108.42 FEET FROM A 2" BRASS DISK MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 31, AND THAT BEARS N 89°01'16"W, 1450.29 FEET FROM A 1" IRON BAR MARKING THE CENTER OF SAID SECTION 31 AND THE SOUTHEAST CORNER OF THE PARKER HOMESTEAD RECORDED IN VOLUME 8 OF PLATS AT PAGE 51, RECORDS OF KING COUNTY, WASHINGTON; THENCE N 41°42'09" E, 936.56 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A 1000.00- FOOT RADIUS TANGENT CURVE TO THE LEFT A DISTANCE OF 228.99 FEET, THROUGH A CENTRAL ANGLE OF 13 07'12" TO A POINT OF TANGENT; THENCE N 28°34'57" E, 69.35 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, FROM WHICH POINT A 2" BRASS DISK MARKING THE Tp INTERSECTION OF CENTERLINES OF MILL POND DRIVE AND ORAVETZ ROAD Gb REALIGNMENT AS SHOWN ON THE PLAT OF LAKELAND HILLS - DIVISION NO. 2, GO VOLUME 126, PAGE 5, RECORDS OF KING COUNTY, WASHINGTON BEARS 0 N 27°59'06" E, 154.01 FEET. C THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED TO BEGIN ON SAID SOUTH LINE OF THE NORTHWEST 0 QUARTER OF SECTION 31. EXCEPT PORTIONS LYING WITHIN EXISTING PUBLIC RIGHTS-OF-WAY OF RECORD. SUBJECT TO EASEMENTS, ROADS, RESERVATIONS, AND RESTRICTIONS OF RECORD IF ANY. ALL WITHIN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. D.AWINW0RDV)=%93263%L.EGAL 1.DOC Nick A. Yinger WA LS 19586 D.R. STRONG Consulting Engineers, Inc. February 8, 1994 Page 1 of 13 93-263 Tr Q) A EXHIBIT B 0 100' 200' NOT TO SCALE Proposed 1994 Alignment 1985 Alignment joins Prop ASp SITE 2 / 1151 8+~ R'0'~' CdAt11 1.w.~«1 r ~ ~ IWU Ip'C Iul R0.K k~ k1 fS A p SITE 9 / r. CITY OF A URN S . TO THE CITY OF AUBURN ~tT-OF-WAY TO BE EDICATEO RIVE .r+ • . 1994 ORAVETZ ROAD- 150' SW OF MILPOND D UMITS TO APPRO CITY CITY OF AUBURN SOUIN UNE OF 1NC NWT/4 OF SEC 31. t 21 N. R S E I Legend ~a •"~1 R.O.W. to be dedicated ASp SITE 6 City Boundary / q V1YiVACn41M1 ('cr4R10N7 ( IMt D.R !1110110 commroc ow. wa RIGHT-OF-WAY TO BE DEDICATED TO THE CITY OF AUBURN 1994 ORAVETZ ROAD. STRONG MD.R. CITY UMITS TO APPROX. 150' SW OF MILPOND DRIVE Consulting Engineers Inc. ORA-M1 aAre 9-Feb-94 "No. 93-263 10101 MC 38th /L4M 5v11C 101 M A11O. VA IM33 (IM) 837.303 I-400-M-1.02 CNECKCD scALc NO SCALE SNCL7 1 Of I ENGINEERS • PLANNERS . SURVEYORS rAll Mx (ZM) 127-2433 When.Recorded, Return To: CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auhurn_ WA 93001 A 2, /33,,z...,._ RECEIVED DEC 19 1994 KING COUNTY RECORDER • NUJ 31 , a/- s CITY OF AUBURN AUBURN SCHOOL DISTRICT PUBLIC UTILITY EASEMENT f:7-A,- c,c., acd -4 3 sFAc a© as - cj3 €a C,; a n a co W C$ C$ a g a N M 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 rl perpetual and non-exclusive easement for public utilities C4 across, over, through and below the real Property located in IN King County, Washington, legally described in Exhibit A and depicted in Exhibit B, both 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, and replace existing storm drain, water and sanitary sewer systems depicted in Exhibit C 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 Property at all times to enable Grantee to exercise its rights hereunder, provided, however, that Grantee shall 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 reasonably practical, restore the Property to the condition it was immediately in prior to such work. Grantee shall at all times exercise good faith effort to execute precautions to assure the safety of individuals on and around the Property; limit its access to the • • a .....Property;.. limit damages to the Property; and limit any interference with Grantor's use and enjoyment of*the Property. 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 injuries to any person caused by the sole negligence of Grantor. 5. This easement shall be a covenant running with the'land and the rights and obligations of the parties shall inure to the benefit of and be binding upon the heirs, LD successors, and assigns of the parties. 6. Grantee shall pay the costs of recording this document. November DATED this 14th day of , 1994. GRAN GRANTEE: AUB HOOL RI+~ X10. 408 CITY OF AUBURN By s P. E~gate Its Superintendent Its STATE.OF...WASHINGTON ) ss. COUNTY OF KING } On this / day of ~c~~r ll_h1 1994, before me, a Notary Public in and for the State of Washington, personally appeared.. , personally known to me (or proved,//to me on the 15asis 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 thel 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 official seal the day and year first above written. Notary Public in and for the State 1 of Washington, residing at dz- ~ :57- My commission Expires 3 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 1994, before me, a Notary Public in and for the state of Washington, personally appeared Z ~ v~ A., i , t~ ti ~dL personally known to me (or proved to me on the bas's of satisfactory evidence) to be the person who executed this instrument, on oath stated that (e was authorized to execute the instrument, and acknowledged it as the 6 13, ?4 i of CITY OF AUBURN to be the free and voluntary act an deed of said corporation for the uses and purposes mentioned in the instrument. of si i u NOTARY yBER~•'C? REOF, I have hereunto set my hand and day 4rd~ year first above written. k-- Notary Public in and flor the State of Washington, residing at E-- My Commission Expires ,c (I -el city easement form2/10-27-94 LEGAL DESCRIPTION EXHIBIT A EASEMENT TO CITY OF AUBURN OVER A PORTION OF SITE 4 A PORTION OF THE NORTHWEST QUARTER (1/4) OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, THE BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS SURFACE MONUMENT MARKING THE NORTHWEST CORNER OF SAID SECTION, FROM WHICH POINT THE CONCRETE MONUMENT WITH TACK-IN-LEAD MARKING THE NORTHEAST CORNER THEREOF BEARS S 88°51'27"E; THENCE S 88°51'27"E, 2518.52 FEET TO A 2" BRASS DISK MARKING THE THEORETICAL QUARTER CORNER BETWEEN SECTIONS 30 AND 31, FROM WHICH A 1" IRON BAR MARKING THE SOUTHEAST CORNER OF THE PLAT OF THE PARKER HOMESTEAD AND THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER BEARS S 00°55'20"W; THENCE S 00°55'20"W, ALONG SAID LINE, 985.21 FEET TO A POINT ON THE NORTH LINE OF MILL POND PARK; THENCE N 89°04'40"W, ALONG SAID PARK LINE, 287.06 FEET TO THE EAST MARGIN OF ORAVETZ ROAD 1985 REALIGNMENT PROPOSED; THENCE S 28°43'45"W 127.92 FEET TO A POINT ON THE BOUNDARY OF THAT TRACT DESCRIBED AS SCTE 4 AND CONVEYED TO AUBURN SCHOOL DISTRICT IN THE DEED RECORDED AS AUDITOR'S FILE NO. 9205111513, RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE ALONG THE ARC OF A 20.00-FOOT RADIUS NON- C TANGENT CURVE TO THE RIGHT (THE RADIUS POINT OF WHICH BEARS S 61'16'15"E, ) A DISTANCE OF 37.09 FEET THROUGH A CENTRAL ANGLE OF 106015'58'; THENCE S 45000'17" E 79.75 FEET; THENCE S 02'23'35" E 286.50 FEET; THENCE S 79'06'00" W 140.76 FEET; THENCE S 28'42'52" W 87.36 FEET; THENCE S 06'15'19" W 87.60 FEET; THENCE S 17°52'19" E 18.32 FEET; THENCE S 30605'09"E34.90 FEET; THENCE S 09'12'21" W 25.45 FEET; THENCE S 29040'20" E6.49 FEET; THENCE S 80'47'39" E20.88; THENCE S 30'05'09" E 8.07 FEET; THENCE S 42'45'29" E 52.02 FEET TO A POINT ON THE EASTERLY MARGIN OF MILLPOND DRIVE; THENCE N 72.5T06" W ALONG SAID EASTERLY MARGIN, 8.24 FEET; THENCE NORTHERLY, ALONG THE ARC OF A 170.00-FOOT RADIUS TANGENT CURVE TO THE RIGHT (THE RADIUS POINT OF WHICH BEARS N 17'02'54"E ) A DISTANCE OF 152.04 FEET THROUGH A CENTRAL ANGLE OF 51'14'30" TO A POINT OF REVERSE CURVE; THENCE ALONG THE ARC OF A 314.12 FOOT RADIUS REVERSE CURVE TO THE LEFT A DISTANCE OF 154.07 FEET THROUGH A CENTRAL ANGLE OF 28'06'09" TO A POINT OF REVERSE CURVE; THENCE ALONG THE ARC OF A 25.00 FOOT RADIUS REVERSE CURVE TO THE RIGHT A DISTANCE OF 34.27 FEET THROUGH A CENTRAL ANGLE OF 78'32'30" TO A POINT OF TANGENT AND A POINT ON SAID EAST MARGIN OF ORAVETZ ROAD 1985 REALIGNMENT PROPOSED; THENCE N 28'43'45"E 454.32 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 90,695 SQUARE FEET OF LAND MORE OR LESS ALL WITHIN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. EXPIRES/w?-/B•' / Nick A. Ynger 1QtmS=2S= WA LS 19586 D.R. STRONG Consulting Engineers, Inc. October 31, 1994 Page I of I 93-263 O• / . .0, .N 4 ~A/ UTILITIES •:':::;:;:•:;:;:;:::::;EASEMENT.;;::::;:-;~;~:::::::•:~ 140.76 A - 78'32'30'.'.'.':':':•:':':':•:'.'.'.' I 'R 25.00' v •L - 34.27' . :::::•::A:':.. S. P. SI TE 4 ' 28.06'09•... - 314.12' L 154.07' Auburn School District ` ' Tennis Courts OZ G - 5114'30 0 50' 100' R - 170.00' LIO NOT 70 SCALE - 15204' COPYRIGHT ©1994, D.R. STRGHO CONSULTWO ENO. INC. PUBLIC OVER A UTILITIES PORTION EASEMENT OF SITE 4 D S D. R. S TRO NG Consulting Engineers Inc. DRAWN OW OATEOCt 31, 1994 JOB ND. 93-'243,000 10604 HE 38th PUCE, SUITE 101 KIRKUND, MA 98037 (206) 827-3063 1-800••962-1402 CHECKED Y scALE AS NOTED SHEET 1 Or 1 ENGINEERS • PLANNERS • SURVEYORS FAX NO. (206) 62:-2423 I EXHIBIT B DIRECTION DISTANCE 1 S 28'42'52' W 87.36' A 10615'58' ,2 S 06' 15' 19' W 87.60' R 20.00' .3 S 17.52'19' E 18,32' L - 37.09' 4 S 30.05'09' E 34.90' .5 S 09'12'21' V 25.45- 6 S 29'40'20' E 6.49' 7 S 80447'39' E 20,88' 8 S 30.05'09' E 8.07' 9 S 42.45'29' E 52.02' 0 N 72'57'06' W 8,24' I S 45'00'17' E 79.75' V EXHIBIT C w Wit a' e~ CiV 'Strom Drain Sy%tern . t~lo-airols Area ~0 o so• roo' 4144,00 NOT TO SCALE ND . OR 0avma7 © M4, o.R. S7ReMa COMSMT 10 EMO. 9M^ EXISTING PUBLIC UTILITIES MSJD.R. STRONG WITHIN A PORTION OF SITE 4 Consulting Engineers Inc. DRAWN PW DATEW 311094 JOe ma. 93--263.000 10604 ME 36M KMX W E M MRK6AKO. xA 49011 (IDa) 617-]061 1-900-MX-102 cH[cxtD r scALE AS NOTED SHUT OF 1 ENGINEERS • PLANNERS + SURVEYORS 1AK MM (209) 9:7-2421 N /F ti Sorttary I.,..'.'.'..'.'.'.'.'.'.'.'.'. o Watsr(ne I 'j and•... (1 1 H nt•••••• ra • S. S1 TE 4 f Waterline J and d 1.~ Fir ^ Hydrant Storm Auburn School District Line ale Tennis Courts '1 l weterlln Manhole J I'~- 1