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HomeMy WebLinkAbout20090814001856 EASEMENT AND RIGHT OF ENTRY/CONSTRUCTION AGREEMENT 071009111111111111111111111111 20090814001856 PACIFIC NW TIT EAS 65.00 PAGE-001 OF 004 08/14/2009 14:06 Return Address: KING COUNTY, WA City of Auburn City Clerk EXCISE TAX NOT REQUIRED 25 West Main King Co. Rewrdt Dlvis n Auburn, WA 98001 Doputy Above this line reserved for recordine information. EASEMENT AND RIGHT OF ENTRY/CONSTRUCTION AGREEMENT Reference # (if applicable): N/A 1(r y GrantorBorrower: Pomber, Darla Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE-18-21-5 PA1 i K NQRTHWEST TITLE Assessor's Tax ParcelID#: 1821059132 For and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Pomber, Darla 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 constructing, connecting, and maintaining water meter(s) AND APPURTENANCES THEREOF ("Water Meter"), said Easement Area being a portion of the above-designated Tax Parcel ("Parent Parcel"), and described as that portion of land lying within a radius of 7.5 feet from the center of each meter and appurtenance. Said Grantor additionally grants to the Grantee, its contractors, employees, agents, successors and assigns, the right to enter upon that portion of land required for the purpose of constructing a sanitary side sewer from the sewer main to the limits of the M St NE (collectively "Sewer Improvements"), and restoration of the property frontage, as requlrea for completion of project CP0611 - M St NE/Harvey Rd and 8th St NE Improvements ("Sewer Construction Area"). 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 Water Meter without incurring any legal obligation or liability therefore. cisfe aocuntent(is) w6m flc c ta' .Pca•d by pactric tdorthwest Title ks Ce0n M6F-1eharl ,nly 9 hac not keen Easement ,examined as to pn;par eaeruim✓ e Page I of 4 _ do nfraiY +n7x,n ilW 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 Meter 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 Meter. The use of such additional area shall be held to a reasonable minimum 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. Grantee agrees, to the extent practicable, to leave the Parent Parcel in as good a condition as existed on the day construction of the Water Meter and Sewer Improvements commenced. This shall include the timely removal of any and all debris, rubbish or combustible material resulting from construction activities. Grantee, its agents and assigns, will notify Grantor of its construction schedule, and will, to the greatest extent practicable, schedule the construction activity so as to avoid any inconvenience to the property. Grantor authorizes and appoints Grantee as its agent and attorney-in-fact to make application for any and all permits required to complete the project. The rights herein granted shall include all incidental rights necessary to properly perform the work indicated for construction of the Water Meter and Sewer Improvements. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or Easement Page 2 of 4 arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. 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. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this IZ day of TJ~, 2009. Authorized Signature Authorized Signature Easement Page 3 of 4 STATE OF WASHINGTON) )ss. County of King ) that I know or have satisfactory evidence and before me, and said individuals o) and acknowledged it to be his/Wt mentioned in this instrument. (iwbre the person(s) who appeared iowledged that heCsbe/they signed this instrument free and voluntary act for the uses and purposes Dated /U. ZCt-jf a, wary Public in and for the St/ate of Washington Vl ~t C2c,J -'Residing at n, G NG` My appointment expires l U 2- s 2" Easement Page 4 of 4