HomeMy WebLinkAbout200610241149 WATER EASEMENT 102406Ram Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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WATERLINE EASEMENT
Lakeland Hills Elementary School
FAC 05-0002
Reference # (if applicable): N/A
Grantor/Borrower: "alto) S C- 11-e
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE V 40F SEC. 6, TV1WP. 20N, RANGE 5E,
W.M.
Assessor's Tax Parcel ID#: 0520061030
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 for benefits to be derived by
the Grantor herein, Grantor, AUBURN SCHOOL DISTRICT NO. 408, hereby conveys and
warrants to the CITY OF AUBURN, Grantee herein, a municipal corporation of King County,
Washington, its successors and assigns, a perpetual Nonexclusive Easement, described in
EXHIBIT B and shown on EXHIBIT C, under, over, through and across the following described
real property for the purpose of laying, maintaining, and installing WATER TRANSMISSION
LINES AND APPURTENANCES THEREOF, said real property being described in EXHIBIT A:
Said Grantee shall have the absolute right, as may be necessary, at reasonable times and
after giving reasonable notice, and in exercising all reasonable precautions to assure safety of
students, staff, and public, for entry upon said Easement for the purposes of maintenance,
inspection, construction, repair or reconstruction of the above improvements.
Said Grantor shall make every effort to not in any way block, restrict or impede access
and egress to or from said Easement, and/or in any way block, restrict or impede use of the real
property within the above-described Easement by said Grantee for the above-described purposes.
No building or structure of any kind shall be erected within the boundaries of said easement area.
Grantor may fence across said Easement and/or along the boundaries of said Easement provided
that a gate is constructed in said fence to allow Grantee access. Said gate shall be of sufficient
Easement
Page 1 of 7
EXCISE TAX EXEMPT DATE-40
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By Auth. Sig
length and location to allow the Grantee access and egress to and from the real property within the
above-described Easement. If said gate is to be locked, keys shall be provided to the Grantee.
Grantor additionally grants to the Grantee, the use of such additional area immediately
adjacent to said easement area as shall be reasonably required for the construction, reconstruction,
maintenance and operation of said water or sewer facilities. The use of such additional area shall
be held to a reasonable minimum and in the case of any damage or disruption of the premises, the
Grantee shall return the property to a condition as reasonably comparable to its condition as it
existed immediately before entry and/or work was made thereon by the Grantee or its agents.
This Easement shall be a covenant running with the above-described real property and
burden said real estate, and shall be binding on the successors, heirs and assigns of all parties
hereto.
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its
proper officer(s) this 29th day of June 1 2006.
.
GRANTOR
AUBURN SCHOOL DISTRICT NO. 408
By °
Linda S. Cowan, Superintendent
ACCEPTED BY:
GRANTEE
CITY OF-AUBURN
By
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this 29th day of June , 2006, before me, a Notary Public in and
for the State of Washington, personally appeared Linda S. Cowan, 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
Superintendent of AUBURN SCHOOL DISTRICT NO. 408 to be the free and voluntary act and
deed of said corporation of the uses and purposes mentioned in the instrument.
IN WITNESS§,,\HEREOF, I have hereunto set my hand and official seal the day and year
first above wri*
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION: PER CHICAGO TITLE INSURANCE COMPANY, ORDER NO. 4250052,
DATED JULY 24, 2002. LOT.1, PIERCE COUNTY SHORT PLAT NO. 200205211290, ACCORDING
TO MAP RECORDED ON MAY 21, 2002, RECORDS OF PIERCE COUNTY AUDITOR. SITUATED
IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. ALSO BEING
DESCRIBED AS: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE
COUNTY, WASHINGTON, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE NORTH 88°34'43" WEST, ALONG
THE NORTH LINE THEREOF, 1,468.48 FEET; THENCE SOUTH 01°25'17" WEST, 574.90 FEET TO
THE CENTERLINE INTERSECTION OF EVERGREEN WAY S.E. AND LAKELAND HILLS WAY;
THENCE SOUTH 55000'00" WEST, ALONG THE CENTERLINE OF SAID EVERGREEN WAY S.E.,
140.67 FEET; THENCE SOUTH 35°00'00" EAST, 34.00 FEET TO THE SOUTHEASTERLY MARGIN
OF SAID EVERGREEN WAY S.E. AND A POINT ON A NON-TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 145.00 FEET, AND TO WHICH POINT A RADIAL BEARS
SOUTH 41021'57" WEST, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
EASTERLY AND COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 08018'25", A DISTANCE OF 21.02 FEET; THENCE NORTH 55°00'00" EAST
10.85 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY HAVING A
RADIUS OF 135.00 FEET TO WHICH POINT A RADIAL BEARS SOUTH 31020'19" WEST;
THENCE EASTERLY AND COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 42018'18", FOR A DISTANCE OF 99.68 FEET TO A POINT ON
A NON-TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 828.97 FEET AND
TO WHICH POINT A RADIAL BEARS NORTH 64°57'24" EAST; THENCE SOUTHERLY AND
CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08020'39"
A DISTANCE OF 120.73 FEET; THENCE SOUTH 14°46'24" EAST, 465.42 FEET; THENCE SOUTH
75°13'36" WEST, 540.13 FEET; THENCE SOUTH 11°28'56" EAST, 154.64 FEET; THENCE SOUTH
78°31'04" WEST, 515.67 FEET; THENCE NORTH-1 0034'04" EAST, 213.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 872.50
FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
44°25'56", A DISTANCE OF 676.61 FEET; THENCE NORTH 55°00'00" EAST 208.54 FEET; THENCE
SOUTH 35000'00" EAST, 6.50 FEET; THENCE NORTH 55°00'00" EAST, 174.33 FEET TO THE.
POINT OF BEGINNING.
EXHIBIT B
WATERLINE EASEMENT
A 15.00 WIDE STRIP OF LAND FOR WATERLINE EASEMENT PURPOSES, PER
ELECTRONIC ASBUILT DRAWINGS ENTITLED "AUBURN ELEMENTARY SCHOOL
NO. 13, FAC 03-0027", SITUATE IN THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, KING
COUNTY, WASHINGTON, AND HAVING 7.50 FEET OF SUCH WIDTH OF ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE NORTH
88°34'43" WEST, ALONG THE NORTH LINE THEREOF, 1,468.48 FEET; THENCE SOUTH
01°25-17" WEST, 574.90 FEET TO THE CENTERLINE INTERSECTION OF EVERGREEN
WAY S.E. AND LAKELAND HILLS WAY; THENCE SOUTH 55°00'00" WEST, ALONG
THE CENTERLINE OF SAID EVERGREEN WAY S.E., 140.67 FEET; THENCE SOUTH
35°00-00" EAST, 34.00 FEET TO THE SOUTHEASTERLY MARGIN OF SAID
EVERGREEN WAY S.E.; THENCE SOUTH 55°00'00" WEST ALONG SAID
SOUTHEASTERLY MARGIN A DISTANCE OF 174.33 FEET; THENCE NORTH 35°00'00"
WEST A DISTANCE OF 6.50 FEET; THENCE SOUTH 55°00'00" WEST ALONG SAID
SOUTHEASTERLY MARGIN A DISTANCE OF 208.54 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 872.50 FEET;
THENCE COUNTER-CLOCKWISE ALONG SAID CURVE, (SAID CURVE ALSO BEING
THE SOUTHEASTERLY MARGIN OF SAID EVERGREEN WAY S.E.) A DISTANCE OF
486.08 FEET THROUGH A CENTRAL ANGLE OF 31 °55' 13" TO THE TRUE POINT OF
BEGINNING FOR THIS CENTERLINE DESCRIPTION; THENCE SOUTH 66°41' 14" EAST
A DISTANCE OF 16.50 FEET; THENCE SOUTH. 79°50'00" EAST A DISTANCE OF 146.93
FEET; THENCE SOUTH 43°46'32" EAST A DISTANCE OF 82.79 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 43°46'24" EAST A
DISTANCE OF 51.00 FEET; THENCE SOUTH 88°46'24" EAST A DISTANCE OF 14.14
FEET; THENCE NORTH 46° 13'30" EAST A DISTANCE OF 108.38 FEET; THENCE NORTH
68°32' 17" EAST A DISTANCE OF 31.93 FEET; THENCE NORTH 75'13'16" EAST A
DISTANCE OF 1.75 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE CONTINUING NORTH 75 ° 13' 16" EAST A DISTANCE OF 27.50 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH
75 ° 13'16" EAST A DISTANCE OF 32.03 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "D"; THENCE NORTH 75° 13'36" EAST A DISTANCE OF 63.71 FEET;
THENCE NORTH 30° 1316" EAST A DISTANCE OF 113.62 FEET; THENCE NORTH
08*0I' 13" EAST A DISTANCE OF 78.32 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT "E"; THENCE NORTH 08°05'01" EAST A DISTANCE OF 34.32 FEET;
THENCE NORTH 36°5916" WEST A DISTANCE OF 120.81 FEET; THENCE NORTH
81 °59' 16" WEST A DISTANCE OF 205.57 FEET; THENCE SOUTH 49°21.'54" WEST A
DISTANCE OF 42.59 FEET; THENCE SOUTH 48°05'47" WEST A DISTANCE OF 70.44
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE SOUTH
44°32' 15" WEST A DISTANCE OF 29.68 FEET; THENCE SOUTH 86°31'34" WEST A
DISTANCE OF 20.01 FEET; THENCE NORTH 48°31'24" WEST A DISTANCE OF 18.86
K:\Surveffr 2006\206377T-51\EXHIBIT B.doc
FEET TO THE SOUTHEASTERLY MARGIN OF SAID EVERGREEN WAY S.E. AND
TERMINUS OF THIS CENTERLINE DESCRIPTION.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH HAVING 7.50 FEET OF
SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE NORTH
88°34'43" WEST, ALONG THE NORTH LINE THEREOF, 1,468.48 FEET; THENCE SOUTH
01°25'17" WEST, 574.90 FEET TO THE CENTERLINE INTERSECTION OF EVERGREEN
WAY S.E., AND LAKELAND HILLS WAY; THENCE SOUTH 55°00'00 WEST, ALONG
THE CENTERLINE OF SAID EVERGREEN WAY S.E., 140.67 FEET; THENCE SOUTH
35°00'00" EAST, 34.00 FEET TO THE SOUTHEASTERLY MARGIN OF SAID
EVERGREEN WAY S.E.; THENCE SOUTH 55°00'00" WEST ALONG SAID
SOUTHEASTERLY MARGIN A DISTANCE OF 174.33 FEET; THENCE NORTH 35°00'00"
WEST A DISTANCE OF 6.50 FEET; THENCE SOUTH 55°00'00" WEST ALONG SAID
SOUTHEASTERLY MARGIN A DISTANCE OF 208.54 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 872.50 FEET;
THENCE COUNTER-CLOCKWISE ALONG SAID CURVE, (SAID CURVE ALSO BEING
THE SOUTHEASTERLY MARGIN OF SAID EVERGREEN WAY S.E.) A DISTANCE OF
461.92 FEET THROUGH A CENTRAL ANGLE OF 30°20'01" TO THE TRUE POINT OF
BEGINNING FOR THIS CENTERLINE DESCRIPTION; THENCE SOUTH 68°05'35" EAST
A DISTANCE OF 24.50 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN. WIDTH HAVING 7.50 FEET OF
SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE SOUTH
46°13'34" WEST A DISTANCE OF 69.50 FEET TO THE TERMINUS OF THIS
CENTERLINE DESCRIPTION.
TOGETHER WITH A PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT
THE HEREINABOVE REFERENCED POINT "B"; THENCE NORTH 44° 16'30".WEST A
DISTANCE OF 68.99 FEET; THENCE NORTH 46°13'36" EAST A DISTANCE OF 71.51
FEET, THENCE SOUTH 43`34'37" EAST A DISTANCE OF 17.00 FEET; THENCE SOUTH
46°13'36" WEST A DISTANCE OF 36.30 FEET; THENCE SOUTH 44°16'30" EAST A
DISTANCE OF 45.82 FEET; THENCE SOUTH 14°35'33" EAST A DISTANCE OF 28.36
FEET TO THE HERINABOVE DESCRIBED POINT "C"; THENCE SOUTH 75° 13'16" WEST
A DISTANCE OF 27.50 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH HAVING 7.50 FEET OF
SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT "D"; THENCE SOUTH
14'25'50" EAST A DISTANCE OF 27.50 FEET TO THE TERMINUS OF THIS CENTERLINE
DESCRIPTION.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH HAVING 7.50 FEET OF
SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT "E"; THENCE NORTH
81 °35'51" WEST A DISTANCE OF 39.50 FEET TO THE TERMINUS OF THIS
CENTERLINE DESCRIPTION.
&\Surveff r 2006\206377T-51,1EXHIBTf B.doc
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH HAVING 7.50 FEET OF
SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT "F"; THENCE NORTH
43°04'47" WEST A DISTANCE OF 20.50 FEET TO THE SOUTHEASTERLY MARGIN OF
EVERGREEN WAY S.E. AND TERMINUS OF THIS CENTERLINE DESCRIPTION.
THE SIDELINES SHALL BE SHORTENED OR LENGTHENED SO AS TO INTERSECT
THEMSELVES
EXCEPT ANY PORTION LYING WITHIN EVERGREEN WAY S.E.
EXCEPT ANY PORTION LYING WITHIN SCHOOL BUILDING KNOWN AS LAKELAND
HILLS ELEMENTARY SCHOOL AS IT EXISTED JUNE 20, 2006.
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