HomeMy WebLinkAbout20090814001857 EASEMENT AND RIGHT OF ENTRY/CONSTRUCTION AGREEMENT 072409Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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EASEMENT AND RIGHT OF ENTRY/CONSTRUCTION AGREEMENT
Reference # (if applicable): N/A
Grantor/Borrower: Simkin, Diane ~n
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NEA8-21-5' PA41 IG NOR 1 IESTI(rUl
Assessor's Tax Parcel ID#: 1821059241
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, Simkin, Diane 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 constructin a sanitarv side sewer from the sewer main to the limits of the M St NE
for completion of project CP0611 - M St
("Sewer Construction Area").
property frontage, as required
and 8th St NE Improvements
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. Aado atitamrentts> were ttiau Kn
ooard by Pactfic Norihwest Title ea
acaornmodation )nty. It he& not been
Easement ap vn Its Pfr~ot anon sitter
Page I of 3
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 parry 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 3
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 `4 day of 2009.
~/l
~Authonzed S~ na e
Authorized Signature
Easement
Page 3 of 3
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence th J e' K 3Y-i-t .
and is re the person(s) who appeared
before me, and said individuals(s) acknowledged that he/shelthey signed this instrument
and acknowledged it to be his/herltheir free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated
Easement
Page 4 of 3
Residing at
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