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Home My WebLink About20090923000632 PUBLIC STORM DRAINAGE EASEMENT 09170920090923000632 PACIFIC NW TIT EAS 66.00 Return Address: PAGE-001 OF 005 09/23/2009 11:34 City of Auburn KING COUNTY, WA City Clerk 25 West Main Auburn, WA 98001 EXCISE TAX NOT REQUIRED IOn®Co. Reco DePUty Above this line reserved for recording information. PACIFIC NO RPjV&S? PTLE L PUBLIC STORM DRAINAGE EASEMENT U 12g T Reference # (if applicable): Grantor/Borrower: Auburn School District No. 408 Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE '/4 S4 - T21 N - R5E / Assessor's Tax Parcel ID#: 0421 05 905 7 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 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 a wet vault and storm conveyance lines 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. Public Storm Drainage Easement Pagel of 5 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 storm drainage 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. If direct access to the Easement Area is not available from such driveways or parking lots, the City's right of ingress and egress shall include such other areas within the Parent Parcel as the City determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel's boundaries. In the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. 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 storm drainage 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 Parent Parcel, the City shall return the property to a condition 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. Public Storm Drainage Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer this Ib7day of &.p e,n 2009. AUBURN SCHOOL DISTRICT NO. 408, a municipal corporation of the State of Washington D. K. Herren Date Superintendent STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ZZ/t Ai'a -Ile E -P is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Superintendent of the Auburn School District No. 408, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 9//7/") ➢~o~-lam -Uebbii 1-. ►-~ah-fmti < Notary Public in and for the State of Washington Residing at My appointment expires ~r KT/tlb Public Storm Drainage Easement Page 3 of 5 EXHIBIT `A' STORM DRAINAGE EASEMENT PARCEL NO. 0421059057 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN IN ICING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 03044'58" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 1102.51 FEET; THENCE NORTH 8601502" WEST A DISTANCE OF 50.00 FEET TO THE INTERSECTION OF THE WESTERLY MARGIN OF 132ND AVENUE SOUTHEAST, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 20090707000282, WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE TRUE POINT OF BEGINNING; THENCE NORTH 85021'30" WEST ALONG SAID NORTH LINE A DISTANCE OF 15.79 FEET, THENCE SOUTH 20000'12" EAST A DISTANCE OF 6.55 FEET; THENCE NORTH 850213V WEST A DISTANCE OF 24.14 FEET; THENCE SOUTH 04038'56" WEST A DISTANCE OF 81.66 FEET; THENCE SOUTH 85021'30" EAST A DISTANCE OF 38.57 FEET TO THE WESTERLY MARGIN OF 132ND AVENUE SOUTHEAST; THENCE NORTH 03044158" EAST ALONG SAID WESTERLY MARGIN A DISTANCE OF 87.63 FEET TO THE POINT OF BEGINNING. Public Storm Drainage Easement Page 4 of 5 EXHIBIT "B" PARCEL \ 042WW1O Q S20'DO'12"E 6.55' NORTH UNE OF SOUTHEAST QUARTER OF AIl1ATUr...... N85'21'30"W r 24.14' PARCEL. I 0aftw5i I 1p~ IA +p 1 CASED a CONC. M0. W/,3/8- COPPER PIN (BLA NO. LOOL0p55) (NE COR SEO 4. TWP. 21 N.. ROL 1 5 E. W.M.)) SUR SUR LATEp FROM KING COUNTY VEI' CONiRROL POINT N0. 3942 N 128130.42 E 1310147.79 ~lo P.O.B. W z AML 502W l 50.00' 1 U W (J} W ~ O f7NNi 1'2 PUNCH IN 1/2' BRASS PIN IN 3`X3` CONOREIE MONUMENT IN CASE, SM 4. 7vo. 21 ~6/COUNTY SURVEY CONVOL ° RQ. I E. W.M.) N 125719.595 E 1310084,983 POINT NQ 4882 [91NE19 TACOMA . SEATTLE 2215 NOM 30th SneeL SWte 300, l'= ma. WA 98493 253.383.2422 TEL. 4W SC.x. A.- GiNw lkm s Ml. WA 4AMI 208.267.2425 TEL THE X8.57' ' Public Storm Drainage Easement Page 5 of 5 LEGAL BY. BD EXHIBIT BY: TD . .:\tats.y.o>\.2o \2Mso\d.g\209110.a.9