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Home My WebLink About20100414001381 WATER EASEMENT 120209Return Address: IIIIIIIIIIII~IIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIIII 111 of Aubu City m 414001381 City Clerk k 20100 25 West Main PACIFIC NW TIT EAS 67.00 Auburn, WA 98001 PAGE-001 OF 006 04/14ize.. 1556 KING COUNTY, WA Above this line reserved for recording information. Said dCCUmOnlF(S) K'orP Pied fur WATER EASEMENTecord FAC08-0018 ac !Ills rammed a, ,tra;s not been; ton pHQ^to proper execution or Grantor/Borrower: Doxon & Sons, LLC <b Grantee/Assignee/Beneficiary: City of Auburn J lQ1 Legal Description/STR: NW 06-21-05 y Assessor's Tax Parcel ID#: 000400-0038,000400-0051 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, Doxon & Sons, 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 8-inch Ductile Iron Water Main 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. Easement Page 1 of 6 B 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. Na 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. 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 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 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. Easement Page 2 of 6 IN WITNESS WHEREOF, said corNration has paused this instrument to be executed by its proper officer(s) this ,2~day of ~'ee , 2009. Authorized Signature Authorized lgnature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Yr11372K DQXD r-J at GA,e-W Dvxo~J 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 as the of a limited liability company, to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. Dated is-a-og J~~~PCEY,,I ✓ ~~~~i ? ~ r NO~1RY ~s •2, Notary Public and Residing at My appointment ex MB/tlb File: #1200 REF. H:\DEVELOPMENT\Projects\Doxon Toyota\FAC08-0018\Legal Documents\112409 Water Easement.DOC Easement Page 3 of 6 EXHIBIT A 1S' PUBLIC WATER EASEMENT DESCRIPTION A PORTION OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 PST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, . MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15,00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: COMMENCING AT THE. NORTHWEST CORNER OF LOT B OF CITY OF AUBURN SHORT PLAT NUMBER SP-7-77, RECORDED UNDER RECORDING NUMBER 7704060628, THENCE NORTH 89'17'20" EAST ALONG THE NORTH LINE OF SAID LOT B FOR A DISTANCE OF 21.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00°43'00" EAST A DISTANCE OF 173.00 FEET; THENCE NORTH 89°17'00' EAST A DISTANCE OF 99.00 FEET TOA POINT HEREINAFTER REFERRED TO AS. POINT "A"; THENCE NORTH 00'43'00" WESTA DISTANCE OF 24.00 FEET AND THETERM] N US OF THIS DESCRIPTION; ALSO, BEGINNING AT THE HEREIN BEFORE MENTIONED POINT "A"; THENCESOUTH 00`43'00" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 89'17'00" EAST A DISTANCE OF 70.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 89'17'00" EAST A DISTANCE OF 161.00 FEET; THENCE NORTH 00'43'00' WEST A DISTANCE OF 15.00 FEET AND THE TERMINUS OF THIS DESCRIPTION; ALSO, BEGINNING AT THE HEREINBEFORE MENTIONED POINT "B": THENCE SOUTH 00°43'00' EASTA DISTANCE OF 108.00 FEET TO A POINT HEREINAFTER REFERRED TO. AS POINT "C"; THENCE SOUTH 89°17'00" WEST A DISTANCE OF 18.00 FEET AND THE TERMINUS.OF THIS DESCRIPTION; Easement Page 4 of 6 EXHIBIT A Continued AND ALSO, BEGINNING AT THE HEREINBEFORE MENTIONED POINT "C'; THENCE SOUTH 00°43'00" EAST A DISTANCE OF 21.00 FEET, THENCE NORTH 89°16'20" EAST A DISTANCE OF 301.75 FEET TO THE WESTERLY MARGIN OF AUBURN WAY NORTH AND THE TERMINUS OF THIS DESCRIPTION. Easement Page 5 of 6 EXHIBIT B '.A PORTION OFi THE SW I AND SE i OF THE NW OF SECTION 6, TOWNSHIP 21 N, RANGE 5'E, W.. M. _ AUBURN WAY N O~ Cz I' I 7.5 Fo°o, ggo z v'c vi ro I I I J N I I 7.5--J 03 3 w c, 3 n m 0 10 c, c, Q z f J ~O O O J a a y r 8p > o J m z N 2 N I O ^ I I h I of zlI ?n~~~ ^_11.18 I ~zl J ll~ I I- I Z 1 IWI _ a ~ m I ~ I n I a I1 LLNOO-43'00-W I F I I - 1 I 106.00' - to I J O J 0 N I~ ~ JI I ~.I z III to a I~ 1 N00_43'00 W J LI ,7300, # THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE WRITTEN LEGAL DESCRIPTION SHALL PREVAIL. 125018£!-Rf0 ROAD sw) 101 Scale PUBLIC WATER EASEMENT EXHIBIT sn"L.. . .oeoas-zsw 1 =80 FOR DOXON TOYOTA SENSINEER$L.. mr.a5~s»-~en~r.rr>s sn- ' xnr 3405 AUBURN WAY N Drawn by KP Project g 690777 Sheet AUBURN, WA 98002 1 Checked by WC Date 11/18/2008 Easement Page 6 of 6