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Home My WebLink About9303230228 UTILITY EASEMENT 032393w' 41, aD rQ Chi i~ Cr7 CD C'7 lT cJ I 'S LJ When Recorded; Return To: CITY OF AUBURN 25 West in St. Aub=, WA 98001-4998 CITY CLERKS OFFICE CITY OF AUBURN 25 West Main Auburn, WA 98001 ORIGINAL 31.21- s A 3. EASE19M FOR UNDERGROUND UTILITY SYSTEM For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and pursuant to an order of the Bankruptcy Court for the Western District of Washington at Seattle, entered on the 5--,-day of 1991 the ESTATE OF P. HENDLEY & ASSOCIATES, INC. (hereinafter "Grantor"), h reby grants, 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 utilities across, over, through and below the real property located in King county, Washington and legally described 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 install, construct, operate, maintain, repair, replace and enlarge underground water main facilities upon and under the aforesaid Property, together with all necessary or convenient appurtenances thereto, which may include, but are not limited to the following: vaults, manholes, pipes and conduit. Grantee may from time to time construct such additional facilities within the easement as it may require to provide public water service. 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 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. Grantor may undertake any ordinary improvements to the landscaping of the Property, provided, however, that no improvements, trees or other plants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. Grantee shall at all times exercise good faith efforts to limit: its access to the Property; damages to the Property and 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 or maintain any building or other structure on the Property that would interfere with the exercise of the rights herein granted, and that no blasting, digging, tunneling or other form of construction shall be allowed on or adjacent to the Property that would disturb the compaction or unearth Grantees facilities or otherwise endanger the lateral support for said facilities. 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 Grantees 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. 31765\1\00198.AGN/1.5.93 Seattle g x cy n FAC0008-90 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, successors, and assigns of the parties. 6. Grantee shall pay the costs of recording this document. DATED this /day of AA 44 , 1993. co CQ CV C-) Cl) C\i C" ) C'7 ~r GRANTOR: ESTATE OF P. HENDLEY & ASSOCIATES INC., BY PERRY A. STACKS, JR., TRUSTEE I KRUPTCY 1 By Its STATE OF WASHINGTON COUNTY OF KING ss. GRANTEE: CITY OF AUBURN Its , 40;4 On this S: day of 199a before me, a Notary Public in and for the State of Washington, per ovally appeared PERRY A. STACKS, JR., Trustee in Bankruptcy for the Estate of P. Hendley & Associates, Inc., 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 he was authorized to execute the instrument, and acknowledged it as the Trustee in Bankruptcy for the Estate of P. Hendley & Associates, Inc., 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 and year first above written. E4 J. NOTARY PUBLI in and for a St e PEARY Washington, residing at Srart/ % PUBLIC My appointment expires -27 At STATE OF WASHINGTON ) .~lFOr WAS~ ) ss. o "~•M COUNTY OF KING on this 4A4- day f - 'k_ Lt Z " 199§, before me, a Notar Publ~in and for the State of was ington, persona y appeareg-`' ',/k~nr;& ( e rU() , personally known to me (or proved to me on the basi~b o satisfactory evidence) to be the person who executed this instrument, on oath stated that ll(y,.., was utho ed~~ ,to~ execute the instrument, and acknowledged it as the Mid to 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ~Washington, residing at My appointment expires > 31165\1\00198.AGX/1.5.93 Seattle y, " NCITAFY 5 2 PUBLIC h; i '~C' lam • n`~ co CU C1i r~ C`J CY7 G~ C3` .M LAKELAND HILLS WAY PHASE 2 LEGAL DESCRIPTION: PUBLIC WATER EASEMENT TRIAD JOB # 91-122-27 APRIL 8, 1992 REVISED APRIL 15, 1992 REVISED AUGUST 27, 1992 That portion of the northeast quarter of the southwest quarter of Section 31, Township 21 North, Range 5 East, W.M. in King County, Washington described as follows: Beginning at the most westerly corner of the right of way for 47th Street SE as shown on the plat of Lakeland Hills Division 4B, according to the plat recorded in Volume 150 of Plats, Pages 10 and 11, records of King County, Washington, from which the southwesterly margin of said street bears S43038'56"E, said westerly corner being a point on a curve, the radius point of which bears N26042'39"W 50.00 feet; thence westerly on said curve to the right thru a central angle of 59030'26", an arc distance of 51.93 feet to a point of reverse curve, the radius point of which bears S32047'47"W 270.00 feet; thence northwesterly on said curve to the left, thru a central angle of 04001'37", an arc distance of 18.98 feet; thence N79045'23"E 102.27 to the northwesterly margin of said 47th Street S.E. and a point on a curve the radius point of which bears N44048'50"W 1229.48 feet; thence southwesterly along said margin on said curve to the right, thru a central angle of 01009'54", an arc distance of 25.00 feet; thence continuing along said margin S46021'04"W 6.67 feet to a point of curve; thence continuing along said margin on said curve to the right having a radius of 50.00 feet, thru a central angle of 16056'17", an arc distance of 14.78 feet to the Point of Beginning. WRITTEN BY: BTF CHECKED BY: WVS TRIAD ASSOCIATES 11415 N.E. 128th STREET KIRKLAND, WA 95034 EXHIBIT A s/a8~a