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HomeMy WebLinkAbout20090814001421 WATER EASEMENT 072209Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 a~n~er~~re~ 2009 614001 21 KING COUNTY. PACIFIC NW TIT 005EAS 66.00 Above this line reserved for information. WATER EASEMENT FAC06-0008 # (if applicable): N/A Grantor/Borrower: Auburn SC Properties LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE '14 S1-T21N-R4FPAVJC NORTHWEST ? ! I'LE Assessor's Tax Parcel ID#: 158060-0240 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 SC Properties LLC 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 under, over, through and across the following described real property ("Easement Area") for the purpose of laying, maintaining, and installing water mains AND APPURTENANCES THEREOF, said Easement Area being a portion of the above-designated Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. R®th aoevn,pni(ai were , ,,n .o ,t*c'ord by Pack Na-thwast Ttffa s accomntrdniinrx?i y. It has noE be:e~t~ xa~r, in ~i9 as 'n ;iroi:ter '1kR:utlro. Revised Water Easement Page 1 of 5 EXClS ''TO 1t0' !4~ i TCo jj~ ` i Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement Area, and/or in any way block, restrict or impede full use of the real property within the above-described Easement Area by said Grantee for the above- described purposes. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said Easement Area, without the express written consent of the City. With City permission, Grantor may fence across said Easement Area and/or along the boundaries of said Easement Area, provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the Easement Area. If said gate is to be locked, keys shall be provided to the Grantee. No excavation shall be made within three (3) feet of said water service facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. Said Grantor grants to the City the right of ingress and egress to the Easement Area over and across all paved, graveled, or otherwise improved driveways or parking lots within the Parent Parcel. Said Grantor additionally grants to the City, the use of such additional area immediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said water 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 City 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 City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the Parent Parcel that would impair or limit the City's use of the Easement Area. This Easement shall be a covenant running with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Revised Water Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this,~h day of , 2009. orfze Signal e IT Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that w l M En /row )C X X is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge the m coca Ac of Auburn c~C ¢~r7 Oevt7es LL a limited liab ity ompany, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated T11 22 20709 3'f l : ttO7.,Rr y~:U ~Ca 1 Notary Public t Residing at -4 My appointment KT/tlb File: k992A REF. H:\Development\Projects\Chadek Building\FAC06-0008\Legal Documents\2009 PS Revised Water Easement Page 3 of 5 EXE"IIBTT "Al WATER EASEMENT LEGAL DESSCRIlMON A STRIP OF LAND, 15 FEET IN WIDTH, LYING WITHIN LOT 1 OF CITY OF AUBURN SHORT PLAT 15-80 RECORDED UNDER RECORDING NUMBER 8071120474, RECORDS OF KING COUNTY, LOCATED WITHIN THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, SAID POINT ALSO BEING ON THE EAST MARGIN OF B STREET N.W.; THENCE SOUTH 00'27'00" EAST, ALONG THE WEST MARGIN THEREOF, 245.06 FEET TO THE POINT OF BEGINNING OF THIS STRIP DESCRIPTION, THENCE NORTH 89'52'49" EAST 10.00 FEET, THENCE SOUTH 4527'00" EAST 19.46 FEET, THENCE NORTH 89'5249" EAST 43.56 FEET; THENCE SOUTH 4527'00° EAST 10.00 FEET, THENCE SOUTH 00'07'11' EAST 46.91 FEET; THENCE SOUTH 4527'00" EAST 20.00 FEET, THENCE NORTH 89'52'49" EAST 298.45 FEET TO A POINT HEREINAFTER KNOWN AS POINT A; THENCE NORTH 00'07'11"WEST 34.58 FEET; THENCE NORTH 43'30'31" EAST 18.64 FEET, THENCE NORTH 89'53'02" 13.28 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1 AND THE TERMINUS. TOGETHER WITH THE FOLLOWING DESRIBED STRIP: BEGINNING AT THE AFOREMENTIONED POINT A; THENCE SOUTH 00'0791" EAST 57.00 FEET TO THE TERMINUS OF THIS STRIP. THE SIDELINES OF THIS STRIP SHALL BE EXTENDED AND/OR SHORTENED TO PREVENT ANY GAPS AND OVERLAPS ALONG THE EAST LINE OF LOT i AND THE EAST MARGIN OF B STREET N.W. P. 0. BOX 110700 TACOMA WA. 98411 esneusxan OFFICE 253-404-0983 low FAX 253-404-0984 'SlRUMON UYGM - BWImWr M IUPo6B w sunm; JOB NO. Revised Water Easement Page 4 of 5 IDCMIT S' WATER EASEMENT NW CORNER NE CORNER LOT 1 CITY OF AUBURN LOT 1 CITY OF AUBURN SP 15-80 SP 15-80 S89'46'49'E_ asp 414.01' I W I O I ~ ~ ~O I g N89'52'49"E 00, pr P.O.flI10ps~Ot 1 NEW BUILDING I is LL! I !q sPS LLI N89'53'02"E I o 4155' L/ N8932'49" POMP A - 298.45' 4NS952'49*E 1328' o - - ~P I N I Sy2n_ OA rj N m N 89'52749" E 412.66 p e~ SUBYR g INC. P. 0. BOX 110700 TACOMA WA. 98411 OMCE 253-404-0983 FAX 253-404-0984 COH4191R110M LLYM - BOONOAH'I M T(!OC&P0C 90CR19 1"=100 FEET FOB NO. 2006-54 Revised Water Easement Page 5 of 5