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HomeMy WebLinkAbout9303230260 SLOPE AND UTILITY EASEMENT 032393so I.1 when Recorded, Return To: LAUbUM, 14 CITY OF AUBURN es in St. CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn, WA 98001 SLOPE AND UTILITY EASSI1ENT OR I/3,2,,3 IGINAL t For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, HENDERSON DEVELOPMENT, INC. (hereinafter "Grantor"), hereby 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 Ring 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 .10 time construct such additional facilities within the easement as it may require OQ to provide utility services. Notwithstanding the foregoing Grantee shall not Ca 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 cli C n creation of ponding or materially increasing runoff onto Grantors property. C7 2. Upon reasonable notice by Grantee to Grantor, except in the case of 0,11 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. 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 or adjacent to the Property that would disturb the compaction or unearth Grantees facilities or otherwise endanger the lateral support for said 31765\1\00316.AGM/1.5.93 Seattle S G ca c~ x z ati S m ra 8 00 m m C7 FAC0008-90 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 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, 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 ~?rA day of , , 1993. C O i11 C~ GRANTOR: HENDERSON DEVELOPMENT, INC. By i•~z- STATE OF WASHINGTON ) ss. COUNTY OF KING ) GRANTEE: CITY OF AUBURN By its On this j day of ,h b<,,..• , 1993, before me, a Notary Public in and for the State of Washington, pet sona ly appeared ,,,i. )i c o nom, 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 was authorized to execute the instrument, and acknowledged it as the L' r _ ft C1 • e To of HENDERSON DEVELOPMENT, INC. to be the free and voluntary act and e c of said corporation for the uses and purposes mentioned in the instrument. On this day of Z1rC.~ 199, before me, Notary Publi n and for the State of Washington, perso la y appeai.9d 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 P.L . 'U - `t=....•%' 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 sep1 Jh and year first above written. +~•'~G•,••~;,. _ ornRY NOTARIZ PU LI in and for t • tate•..of ; Washington, residing at PUBLIC _ My appointment expires V,~ STATE OF WASHINGTON ) '1i ~jC G~ WASN%N ) Be. •~,6004a946Na0 COUNTY OF KING IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and Washington, residing at my appointment expires 31765\1\00316.AGM/1.5.93 Seattle H1/` OpqY ; 2 w ~ n• r • pusoc r'S►~d~stS~t9 UST•' °y ji' ~~~~"p10210*1a LAKELAND HILLS WAY (PHASE 2) LEGAL DESCRIPTION: 10' UTILITY AND SLOPE EASEMENT (WITHIN DIVISION 14) TRIAD JOB # 91-122-27 DECEMBER 29, 1992 That portion of the northeast quarter of the southwest quarter and the southeast quarter of. the southwest quarter 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 easterly margin of the following described Parcel "A"; EXCEPT that portion thereof lying within Lakeland Hills - Division No. 3, according to the plat recorded in Volume 132 of Plats, Pages 18 and 19, records of King County, Washington.. Parcel "A" That portion 'of the northeast quarter of the southwest quarter and the southeast quarter of'. the southwest quarter of Section 31, Township,21 North, Range 5 East, W.M. in King County; Washington.lying within six tracts described,as follows: C1i V C''7 C'~V CD Cn lT TRACT A That portion of said Section 31 lying within a strip of land 60.00 feet in width being 30.00 feet on each side of the following described centerline: Beginning at a point on the southwesterly line of 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 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 hereinafter referred to as "Point A" and 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 11014'48", an arc distance of 47.11 feet to the TRUE POINT OF BEGINNING of this centerline; thence southeasterly along said curve to the right, thru a central angle of 56006'47", an arc length of 235.05 feet to.a point hereinafter referred to as "Point B"; thence continuing southeasterly along said curve to the right thru a central angle of 07001'57",'.an arc length of 29.46 feet; thence S08015'00"W 187.83 feet to a point of curve; thence southerly on said curve to the right, having a radius of 375.00 feet thru a central angle of 15047'00 an arc length of 103.30 feet to a point hereinafter referred to as "Point C"; thence S24°02'00"W 208.00 feet to a,point of curve; thence southerly on said curve to the.left having a radius of 375.00 feet, thru a central angle of 57007'43", an arc length of 373.91 feet; thence S33005'43"E 199.94 feet to a point of. curve;. thence southerly. on said curve to the right having a radius of '4924.00 feet, thru a central angle of 00022'38", an arc length of 32.42 feet-to a point hereinafter referred to as "Point D"; thence continuing along-said curve to the right thru a central angle of 02030'04", an arc length of 214.93 feet to a point hereinafter referred to as "Point E"; thence continuing along said curve to right thru a central angle of 01058'58", an arc length of 170.41 feet; thence S28014'03"E 60.43 feet to a point of curve; thence southerly on said curve to the left having a radius of 1000.00 feet thru a central angle of 02°56'02", an arc length of 51.20 feet to the centerline of Lakeland Hills Way, as depicted on the plat of Lakeland Hills - Division No. 3 according to the plat recorded in Volume 132 of Plats, Pages 18 and 19, records of King County, Washington and the terminus of this centerline. TRACT B That portion of said Section 31 described as follows: Beginning at the intersection of centerline of 47th Street SE and the southwesterly line 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 a point hereinafter referred to as Point "A" bears S46021'04"W 296.52; thence S43038'56"E along said.southwest line 27.17 feet EXHIBIT A page 1 of 3 C\j C"7 rJ O tY7 0'` to the most southerly corner of the right of way for said 47th Street SE and a point on a curve, the radius point of which bears S60034'59"E 50.00 feet; thence southwesterly on said. curve to the left, thru a central angle of 59030'40", an arc distance of 51.93 feet to point of tangency with a curve having a_radius of 270.00 feet, the radius point of said curve being the aforementioned Point "A" and bears S59054'21"W; thence northwesterly on'`; said curve to-the left thru a central angle of 13033'17", an arc length of 63.88 feet~to.A.,`r point which bears S46021'04"W from the POINT OF BEGINNING; thence N46021'44"E 26.52 feet the POINT OF BEGINNING; TOGETHER WITH that portion of said Section 31 described as follows: Beginning at the intersection of centerline of 47th Street SE and the southwesterly line' :o Lakeland Hills Division 4B, according to the plat recorded in Volume 150 of Plats, Pages:'10r?f• and 11, records of King. County, Washington, from which a point hereinafter referred to .,as Point "A" bears S46021'04"W 296.52; thence N43038'56"W along said southwest line 27.17.fei.1; to the most westerly corner of the right of way for said 47th Street SE and a point on a: curve, the radius point of which bears N26042'53"W 50.00 feet; thence northwesterly on sa curve to the right thru a central .angle of 59030'40", an arc distance of 51.93 feet to point of tangency with a curve having a radius of 270.00 feet, the radius point.of said curve being the aforementioned Point "A" and bears S32047'47"W; thence southeasterly on said curve to.the right thru a central angle of 13033'17", an arc length of 63.88 feet to point which bears S46021'04"W from the POINT OF BEGINNING; thence N46021'04"E 26.52 feet to: the POINT OF BEGINNING. TRACT C That portion of said Section 31 lying within the circumference of a circle having a.radius of 48.0.0 feet, the center point of said circle being S88046'57"E 15.00 feet from aforementioned Point B; EXCEPT that portion of said circle lying westerly of the easterly margin of the aforementioned Tract A; TOGETHER.WITH that portion of said section lying southwesterly of a curve concave to the northeast having a radius of 35.00 feet which curve is tangent to the both the aforedescribed curve having a radius of 48.00 feet and the easterly margin of the aforementioned Tract A; TOGETHER WITH that portion of said section lying.northwesterly of a curve concave to the'."'.;., southeast having a radius of 35.00 feet which curve is tangent to the both the aforedescribed curve having a radius of 48.00 feet and the easterly margin of the aforementioned Tract A. TRACT D That portion of said Section 31 lying within a strip of land 50.00 feet in width lying 25.00 feet on each side of following described centerline: Beginning at the aforementioned Point'C; thence S65058'00"E 58.91 feet' to a point of curve; thence southerly on said curve to the right having a radius of 100:00 feet thru a centrah angle of 01033'51", an arc length of 2,73 feet to the terminus of this.centerline. TOGETHER WITH that portion of.said section lying southwesterly of a curve concave to the northeast having a radius of 35.00 feet which curve is tangent to the both the northerly margin of said Tract D and the easterly margin of the aforementioned Tract A; TOGETHER WITH that portion of said section lying northwesterly of a curve concave to the southeast having a radius of 35.00 feet which curve is tangent to the both the southerly margin of said Tract D and the easterly margin of the aforementioned Tract A. TRACT E That portion of said Section 31 lying within a strip of land 50.00 feet in width being 25.00 feet on each side of the following described centerline: Beginning at the aforementioned Point D; thence N57016'54"E 70.00 feet to the terminus of page 2 of 3 this centerline; TOGETHER WITH that portion o f said section lying southwesterly of a curve concav.e ,to the northeast having a radius of 35.00 feet which curve is tangent to the both the northerly- margin-of said Tract E and the easterly margin of the aforementioned Tract A; ER'WITH that portion o TOGETH f said section-lying northwesterly of a curve concave to. the _ southeast' having a radius of . 35.00 feet which curve is tangent to the both the- southerly margin of said Tract E and t he easterly margin of . the aforementioned Tract A.' TRACT-F.- That portion.of. said.Section 31 lying,with the circumference of..a circle having a radius of 50,00 feet,-.the center point of said :circle being N59°46'58"E 10.00 feet from y+;}~ aforementioned -Point portion -of said EXCEPT that lying westerly of the. easterly. margin of the circle . aforementioned Tract A; . TOGETHER WITH. that .portion o f said: section lying southwesterly of a curve concave to the ' ;northeast having :a radius of . the .35. 00.feet ,which;: cdr.ve'YS ;tangent to 'ahe both n + , -afor.edescribed:'curve Having . a• radius ,of 50.00 feet:4and the easterly margin, of the * act A;. aforementioned. le TOGETHER WITH that portion o f said section lying northwesterly of a curve concave to the C southeast having a radius of 35.00 feet which'.curve' s: tangent to the both the aforedescribed curve having a radius of 5.0.00 feet and the easterly margin of the aforementioned Tract A. ! ' . WRITTEN :BY BTF C7:.. (7 CHECKED..: BY '.DLH r M : i+ r. + r i S y - l page 3 of 3 ZAKELAND HILLS WAY (PHASE 2) TRIAD 30B #,.91-122-27 LEGAL DESCRIPTION: 10' UTILITY AND SLOPE EASEMENT DECEMBER 8, 1992. (WITHIN DIVISION 13) REVISED DECEMBER=.29, 1992 That portion of a tract of land conveyed to Henderson Development, Inc. by instrument recorded under Recording Number 9207622050, records of King County, Washington e'ing.,a:: portion of the northeast quarter of the,southwest quarter and the southeast quarer:.of:the southwest.quarter of Section 31, Township .21 North, Range 5 East, W.M. in king C.ounty,:, Washington lying within;:a strip of land 10.00-feet in width adjoining and coat cdut~us~,w th alie. westerly margin of the :following described Parcel "A"; ; .Parcel .".A" That portion of the northeast.. quarter of the the `southwest quarter, oof' Section 31, Township ;:Washington lying within six :tracts described. southwest quarter and the southeast,quarter•.of 21 North,- .,Range 5 East, W.M in King.County,.. as `fiollows 'TRACT A C That portion of said Section' :31 lying within a strip of. land 60.00 feet in, width being. ~-D 30.00 feet on each side of the following described.centerline: Beginning at a point on the southwesterly line of Lakeland Hills Division 4B, according to cY~ 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 N43°38'56"W along said southwesterly line-.2.7..17 feet to C the. centerline :of 'said. 47th. Street;.'SE; thence,S46021'04"V along said centerline- 56.5,2 feet to . a• :point hereinaf ter referred ';to'. a's "Point .A" and a point . on a curvethe radius .point of which•bears S46021'04"W 240.A0.feetthence northwesterly on said curne•.to;the left, thiu a: centr.al.:angle of 11014'48 an arc distance of 47.11 feet to the TRUE POINT OF BEGINNING of.; this :,centerline; thence ',southeasterly along said curve to.the.right, thru,,a central angle .Of.~5.6°06.'47", an arc length;of.':23.5.05 feet. to a .point':hereinafter referred. to "as ` Point .B"; thence*.continuing soutfiea'sterly 'along said'.cuive to the right thru a central ang e:of. 07°01'57"y an arc. length:.of 29 46%.feet; thence,:S08°15'00"W 1'87.83. feet to:a point of !curve, thence southerly on said',curve :t 6. the right having a radius :of 375,.(10, 'feet .thru,3a central ariNle of 5°4an; arc ` length, of 103;.30: feet to a 'point hereinafter referred': to as. - f "Point'. C thence S24°02,'00"W.:;208.00 feet, to-.a. point of curve; .thence southerly on said curve to .the left. having., a raiiius of 375 00 : feet, thru a central 'angle : of ~ 57°07'`43" `an length of 373.91.feet;.thence~133005'43"E 199.94 feet to'a point; of curve; ,the6ce1Js6utheily; ..on .said :curve to the right having `a radius of'4924,00 feet, thru ._a .central ;angle `of. . 00°22'38an arc .length of ,JZ 42"1 eet 'to a point hereinafter referred to: as 'ntr D 'thence 'continuing along said- curve to the right thru a central angle of ,02°30,'0'4" :,`.,'an arc length of 214.93'f eet to i.`point hereinafter referred to as "Point E"; thence :continuing .along=:said curve to right thru a-central angle of 0.1058.'58'•', an arc length of 170:41 feet, r thence-828°14'03"E 60:43 ,feet to .a.point of curve; thence southerly on said :;curV6 to...the left having a radius of 1000.00 feet thru a central angle of 02°56'02aw.arc length -of 51.20 feet to the centerline of Lakeland Hills Way, as depicted on the plat of Lakeland Hills - Division No. 3 according to the plat recorded in Volume 132 of Plats, Pages 18 and 19, records of King County, Washington and the terminus of this centerline. TRACT B That portion of said Section 31 described as follows: Beginning at the intersection of centerline of 47th Street SE and the southwesterly line of PAGE 1 OF 3 Lakeland Hills Division 4B, according to the plat recorded in Volume 150 of Plats, Pages; 10 and l1, records of King County, Washington, from which a point hereinafter referred to as Point "A" bears S46021'04"W 296.52; thence S43038'56"E along said southwest line,*27:17=tfeet- to the most southerly corner of the right of way.for said-47th Street SE and~a point'an:a``: curve, the. radius point of which bears S60034'59"E 50.00 feet; thence southwesterly on 'said curve, to the left., : thru a central angle of 59030'40" an arc distance of 51.93 feet to point of tangency.. with :.a curve having a radius of. 270.00 feet, the radius point curve being the,.aforemention.ed Point "A" and bears S5905'4'21"N.; thence northwesterly said curve to the;1eft:thru a central angle of 13°33'17an arc length of. 63.US- point. which heats',S46°.21'04"W from the POINT OF BEGINNING, thence-N46°21.'-04"E 26.52 fee for the POINT OF BEGINNING; ; •i tz,;s"t r°;~~c TOGETHER WITH -that,;portion of said Section 31 described as follows:: Beginning at the intersection of centerline of 47th Street SE and 'the southwesterly line o Lakeland Hill's Division 4B, according to the :plat, recorded in Volume 150 of Plats, Page and 11• records of King ,County, Washington,. from..which . a.' point hereinafter referred to as ? Point "A" beams S46°2'1' 04" V 296.52; thence N43°38',56" W, along; said; .southwest.. line.' 2717 feet t ti h: to. the most westerly corner.-of the right of way :for said 47th, Street SE and a point on curve,. the radius point of which bears N26°42'53°W 50.00 feety thence northwesterly 'on said x curve to the right* ,.thru a central angle of 59030'40",' an arc distance of 51.93feet to point of tangency with a curve having a radius of 270.00 feet; the radius point-'o' f said 0 curve being.-the afor.ementioned.Point "A" and bears S32047'47"W; thence southeasterly-on -.0-said curve to-the right thru a central angle of-13°33':17"; .an'arc length of 63.88'•.:feet to-a point which; bea`rs `S46°21' 04`'W from.the POINT' OF BEGINNING* thence N46°21' 04"E 26.52. feet -toy" j. j the POINT OF 'BE61-NkING. TRACT ;,r) That portion:-of said 'Section 31 -lying :within' the circumference of a circle having a radius.- Q` of. 48'.00 •feet,``the center point of said circle being S8;8046' 57"E'15.00 feet.. from aforementioned,:.Point.:B; ,f Y EXCEPT that poirtion 'of: said circle lying westerly of th'"easterly.'margin of the aforementioned,Tract A; , TOGETHER WITH that portion of said section lying .southwesterly of a curve concave to the x^~~t~, northeast. havng :a--radius of feet ;which =curve is :tangent to.'-the both the sr aforedescrab'ed:'curve having a radius of . 48.00 feet. and Ahe easterly margin of the y- Ca4 aforementioned Tract A; TOGETHER WITH that portion of said section lyir}g" northwesterly,;of a curve concave to ;the Ft~' southeast having. a.radius of 35.00 feet which.curve is tangent.-to the both. the aforedescribed curve''having a:radius of 48.00 feet and the easterly margin :of.;the aforementioned:Tra&V A. TRACT D t That portion of said 'Section 31 lying within a strip 'of- land 50:00 feet in.wldth"Alyng w,,> 25.00 feet on eacki'side of following described 'cen'terline: Beginning at the.aforementioned, Point C; thence S65058'00"E 58.91_feet to a point of curve;;; thence southerly on said curve to the right having a radius of. 100.00 feet thr.u;.a central angle of 0103351 an arc,length of 2.73 feet to 'the terminus of this centerline:.. TOGETHER WITH that portion of said section lying southwesterly of a curve concave-to the northeast having a' radius of.35.00 feet which curve is-tangent to the both the northerly margin of said.Tract.D and the easterly margin of the aforementioned Tract A;. TOGETHER WITH that portion of said section lying northwesterly of a curve concave to the southeast having a radius of 35.00 feet which curve is tangent to the both the southerly margin of said Tract D and the easterly margin of the aforementioned Tract A. PAGE 2 OF 3 TRACT E That portion of.said Section 31 lying within a strip of land 50.00 feet in width being 25.00 feet on each side of the following described centerline: ,Beginning at the aforementioned Point D,• thence N57016'54"E 70.00 feet to the terminus of this centerline;. TOGETHER WITH that portion of said section lying southwesterly of a curve-concaveto the northeast having a radius of 35.00 feet which curve-is tangent to the both.., the, northerly margin of said.Tract E and the 'easterly margin, of the aforementioned Tract. A;'• TOGETHER WITH that portion of. said section lying northwesterly of a curve„concave,,to.the both; the 'southerly southeast having a radius of'-•33.5.00 feet which curve is tangent to, the margin of. said 'Tract E and..the- 'easterly margin 'of the aforementioned.Tract. TRACT F . •That,portion of said Section-31 :lying with,the circumference of a circle having a radius of 50.00 feet,. the. center, ppoint'. of said cirqle being N59°46'58"E 10.00 feet from aforementioned`.Point E .EXCEPT that portion of said circle`` lying westerly of the easterly margin ::of the' aforementioned Tract A; TOGETHER WITH that portion of said.section lying southwesterly of a curve concave to..the ctinortheast having a radius of 35.00 feet which curve is tangent to the both-the faforedescribed.curve having a radius of 50:'00 feet and the easterly margin of the jaforementioned,T'ract A; --TOGETHER WITH...that portion of said section lying,, northwesterly of:.a.curv.e concave to;the southeast having '.a radius 6f.35 00°:feet which curve is tangent to, the both ..the 0.,`aforedescr'i1 d cure having' a radius of, 50.00 feet and the •easterly margin.of`the aforementioned.T.ract.A. WRITTEN BY.: BTF• CHECKED BY: GT,J/WVS illi~v "PIRES'MO 9.3 to/8/9a ~ a~a9~9a. .PAGE 3 OF 3