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HomeMy WebLinkAbout20090814001858 EASEMENT AND RIGHT OF ENTRY/CONSTRUCTION AGREEMENT 071609Return Address: 20090814001858 City of Auburn PACIFIC NU TIT EAS 65.00 PAGE-001 OF 004 City Clerk 08/14/2009 14:06 25 West Main KING COUNTY, UA Auburn, WA 98001 EXCISE TAX NOT REQUIRED King Co. R*Mrdt pivi on Above this line reserved for recordine information. EASEMENT AND RIGHT OF ENTRY/CONSTRUCTION AGREEMENT Reference # (if applicable): N/A Grantor/Borrower: Langdon, Faye 1 Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE-18-21-5 I J t t{ hQ'~'T`tVVE~, T',l t Assessor's Tax Parcel ID#: 1821059223 y -I - L,-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, Langdon, Faye 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 a fire hydrant AND APPURTENANCES THEREOF ("Fire Hydrant"), 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 the fire hydrant and each 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 restoration of the property frontage and driveway re-grading as required 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 Fire Hydrant without incurring any legal obligation or liability therefore. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement Area, and/or in ggy. way block, restrict or impede full use of the real cnia 0 wm6Nts w Easement Pcxvd by PaCn1C N0111 Page I of 4 ,,ornrnodation .mly, .,xarrln6tt as to prof -^r azecuiinr ,Pon title 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 Fire Hydrant 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 Fire Hydrant. 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 Fire Hydrant, Sidewalk, and Driveway Re-grading 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 Fire Hydrant, Property Frontage Restoration, and Driveway Re-Grading. 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 arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. Easement Page 2 of 4 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 /&"day of ~ P 2009. W utho e ignatur Authorized Signature Easement Page 3 of 4 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that A . L r"&,,`6 ,A`- and ~/are thp~ person(s) wh appeared before me, and said individuals(s) acknowledged that he/ h hey signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated t 7//4o /0 9 A\\~~~~~~ttttt~ CZ ti~ E K. C. F tt~ \O Ot ARC 'AN 11 = Z ` 55 N 'kAz f, 2 "zs Nota Public in and for the State of Washington G A'\ .fFl" j OZ Residing at 1Ce fz~ tali OF wp,$ ttt~~~a^~` My appointment expires Easement Page 4 of 4