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HomeMy WebLinkAbout9303230259 SLOPE AND UTILITY EASEMENT 032393When Recorded, Return To: CITY CLERK'S OFFICE CITY OF AUBURN CITY OF AUBURN 25 Auburn, WA 98OUI-4998 West Main Auburn, WA 98001 SLOPE AND UTILITY EASE14ENT ORIGINAL`Y' 3.13.2,3 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 A day of 1991, the ESTATE OF P.HENDLEY & ASSOCIATES, INC. (hereinafter "Grantor"), he eby 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 slopes, cuts, fills and 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 grade and make cuts and fills to maintain Lakeland Hills Way Boulevard and its associated utilities and to install, construct, operate, maintain, repair, replace and enlarge underground utilities 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, wires and conduit. Grantee may from time to time construct such additional facilities within the easement as it may require to provide utility services. Notwithstanding the foregoing Grantee shall not grade or make cuts and fills in such a manner as will damage or otherwise diminish the value of Grantors property, including but not limited to the (T' creation of ponding or materially increasing runoff onto Grantors property. n N 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 CJ 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 Grantors use and enjoyment of the Property. 3. Grantee shall have the right to grant franchises to other utility providers to install, operate and maintain utilities within the easement granted herein. 4. 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 31765\1\00194.AG24/1.5.93 Seattle LL w %0 CD M S h CD x m a FA00008-90 or adjacent to the Property that would disturb the compaction or unearth Grantee's facilities or otherwise endanger the lateral support for said facilities. 5. 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. 6. 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. 7. Grantee shall pay the costs of recording this document. DATED this day of , 1993 0-1 Ln i~ {Y7 0 CO x;511 GRANTOR: ESTATE OF P. HENDLEY & ASSOCIATES INC., BY PERRY A. STACKS, JR., TRUSTEE IN ANKRUPTCY By Its STATE OF WASHINGTON COUNTY OF KING ss. GRANTEE: CITY OF AUBURN By Its on this _ S r-- day of 4-1, l 199,,7-, before me, a Notary Public in and for the State of Washington, per 5Hally 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 day and year first above written. ° NOTARY PUBLIC In and for theme a N Washington, residing at Srti-y~~,. Hy appointment expires z '7-• ~ rr,-A, MR r ,'`~~pyoa ~r•I•,,ro ~Cj E IV VOTARY PUBLIC .J,39r~ ~y T 31765\1\00194.AGM/1.5.93 ,r~i~~•0~ WASK~~6°°~°,a Seattle 2 JL~ STATE OF WASHINGTON ss. COUNTY OF KING 1 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. N TARY BLIC in and for the St~ ipuq Washingt n, residing at t``~il,~(.Y~~ My appointment expires 71 ~e.0 C\j G (n Cy C'7 tT On this ai4t day }L( 199 , before me, Notary PublW-3.n and for the State of Washington, pere a ly appeareq'-- " Ifymj, , , ~,'nje.(.e , personally known to me (or proved to me on the basib of satis.actory evidence) to be the person who executed this instrument, on oath stated that (s)he was uthor4ed to execute the instrument, and acknowledged it as the • l .l~ o .L~i t~ C'f- of CITY OF AUBURN to be the free and voluntary act and deed of t4aTAFLY . O1 • • w PUBLIC 31765\1\00194.AGM/1.5.93 Seattle 3 LAKELAND HILLS (PHASE 1) TRIAD JOB # 91-168-14 LEGAL DESCRIPTION: 10' UTILITY AND JULY 21, 1992 SLOPE EASEMENT (CITY OF AUBURN PORTION) REVISED JULY 23, 1992 REVISED SEPTEMBER 9, 1992 That portion of the northeast quarter of the southwest quarter and Government Lot 2 of Section 31, Township 21 North, Range 5 East, W.M. in King County, Washington lying within a strip of land 10.00 feet in width adjoining and contiguous with the northerly and southerly margin of the following described Parcel "A"; PARCEL "A" That portion of the northeast quarter of the southwest quarter and Government Lot 2 of Section 31, Township 21 North, Range 5 East, W.M. in King County, Washington lying within two (2) tracts of land described as follow: TRACT A That portion of said northeast quarter of the southwest quarter lying within a strip of land 60.00 feet in width being 30.00 feet on each side of following described centerline: Beginning at a point on the southwesterly line of the Lakeland Hills Division 4B, according to the plat recorded in Volume 150 of Plats, Pages 10 and 11, records of King County, Washington, said point being the most southerly.corner of the right of way for 47th Street Cr-. SE as shown on said plat; thence N43038'56"W along said southwesterly line 27.17 feet to the centerline of said 47th Street SE; thence S46021'04"W along said centerline 56.52 feet to a point on a curve, the radius point of which bears S46021'04"W 240.00 feet; thence rn northwesterly on said curve to the left, thru a central angle of 11014'48", an arc distance CJ of 47.11 feet to the TRUE POINT OF BEGINNING of this centerline; thence continuing along said curve to left thru a central angle of 47°47'19" and an arc length of 200.18 feet to a m point of compound curve the radius point of which bears S12041'03"E 550.00 feet; thence Lr' westerly on said curve to the left thru a central angle of 38°02'28" and an arc distance of 365.17 feet; thence S39016'29"W 155.19 feet to the west line of said northeast quarter and the terminus of this centerline. The side lines of said 60.00 foot wide strip of land to be extended or shortened to terminate at the west line of said northeast quarter. TRACT B That portion of said Government Lot 2 lying within a strip of land 60.00 feet in width being 30.00 feet of each side of the following described centerline: Beginning at a point on the southwesterly line of the Lakeland Hills Division 4B, according to the plat recorded in Volume 150 of Plats, Pages 10 and 11, records of King County, Washington, said point being the most southerly corner of the right of way for 47th Street SE,as shown on said plat; thence N43038156"W along said southwesterly line 27.17 feet to the centerline of said 47th Street SE; thence S46021104"W along said centerline 56.52 feet to a point on a curve, the radius point of which bears S46021'04"W 240.00 feet; thence northwesterly on said curve to the left, thru a central angle of 59002'07", an arc distance of 247.29 feet to a point of compound curve the radius point of which bears S12041'03"E 550.00 feet; thence westerly on said curve to the left thru a central angle of 38002'28", an arc distance of 365.17 feet; thence S39916'29"W 275.00 feet to a point of curve; thence westerly on a curve to the right having a radius of 1020.00 feet thru a central.angle of 41034'09", an arc distance of 740.03 feet to a point on a curve the radius point of which bears.N80050'38"E 280.19 feet; thence northeasterly on said curve to the right, thru a central angle of 56019'24", an arc distance of 275.43 feet; thence N47010'02"E 59.95 feet to a point of curve; thence northeasterly on said curve to the left having a radius of 2000.00 feet, thru a central angle of 18059'55", an arc distance of 663.18 feet; thence N28010'07"E 9.36 feet to the south line of said Government Lot 2 and the TRUE POINT OF BEGINNING of this centerline; thence continuing N28010'07"E 131.18 feet to a point on the centerline of Oravetz Road established by King County Survey 31-21-5-1 and as shown on Record of Survey recorded in Book 61 of Surveys at Page 297C, records of said King County and the terminus of this centerline; EXCEPT that portion lying within said Oravtez Road; The side lines of said 60.00 foot wide strip of land to be extended or shortened to terminate at the south line of said Government Lot 2. WRITTEN BY: BTF CHECKED BY: DLH Y r EXHIBIT A r/f/.? x