The URL can be used to link to this page

Home My WebLink About20100727000924 EASEMENT 072710 CITY CLERK'S OFFICE 1111111 111 1111 1111 11 1111111 11 CITY OF AUBURN 25 West 25 e�t M�In Auburn WA 98001 PACIFIC NW TIT EAS 69.00 PAGE-001 OF 008 07/27/2010 12:20 KING COUNTY, WA RECORDING INFORMATION ABOVE Cisyc,167 PACIFIC NOR T HWEST =e Lt. EASEMENT The undersigned 'Grantor CITY OF AUBURN, a municipal corporation'of the State of Washington for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto Qwest Corporation, a Colorado corporation, hereafter referred to as "Grantee", whose address is 1801 California St., Suite 5100, Denver, CO 80202, its successors, assigns, lessees, licensees, and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain, and remove such telecommunications facilities, electrical facilities, and appurtenances, from time to time, as Grantee may require upon, over, under and across the following described land situated in the County of king, State of Washington, which the Grantor owns or in which the Grantor has any interest, to wit: `^l SECTION 9 TOWNSHIP 21 RANGE 5E, WM Tax Parcel # 09 2105 —9020-08. QWEST REFERENCE # WA063010DD01 SEE EXHIBITS A, B, & CATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor further conveys to Grantee the following incidental rights: The right of ingress and egress over and across the lands of Grantor to and from the above-described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area. EXCISE TACK Nsr i R fi*.QUIRED King %A.,ui y _ Deputy The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs,executors,administrators, successors and assigns of the respective parties hereto. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. R/W#: Job#: Exchange: County: 1/4 Section : Township Range CITY OF AUBURN a Washington municipal corporation Dated this v day of ,2010 A I By Peter B. Lewis, Mayor A EST: 4 i • Danielle E. Daskam, City Clerk r APP'O/ p lir ., 0 Daniel B. Heid, Attorn- STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. • GIVEN under my hand and official seal this (P day of 1• '� , 2010. �N.N,,••‘\\"%kt4ti .S" ,..,,..0.V4Iii,, 45ii . V:), -r,j,.?,13:0°" ;43,9.‘,‹ /7,-D41/-teA ..:=41417 01 A0)._ "Poo\vi s� - • - f ✓1 /?f/1/ f k �'./ 2.//eV %,;' ,o \� JO- Notar ublic in and for the State of Washington 'i, s�a,i++ 3-29-\,.$'...P- `` Residing at C.:.� ii,i vrF++,,,,,.,.,•�` , My appointment expi�"es 03 z_ , EXHIBIT A PARCEL DESCRIPTION STR: SE1/4-SW1/4-S9-T21N-R5E,W.M. PARCEL 092105-9020-08 (REFERENCE:PACIFIC NORTHWEST TITLE COMPANY SUBDIVISION GUARANTEE#1109771 02/17/10) A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. IN KING COUNTY AND DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (SOUTHEAST 320TH STREET)BY DEED RECORDED UNDER RECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (124TH AVENUE SOUTHEAST)BY DEED RECORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SAID SOUTHEAST 320TH STREET AND THE EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. 1 RECORDED IN . VOLUME 87 OF PLATS ON PAGES 39 TO 41,IN KING COUNTY,WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122ND AVENUE SOUTHEAST TO THE NORTHEAST CORNER OF SAID ADDITION; THENCE NORTH 03°01'47"EAST 75 FEET; THENCE SOUTH 88°45'00"EAST 92 FEET; THENCE NORTH 01°10'00"WEST 178.84 FEET; THENCE NORTH 86°44'10" WEST TO THE SOUTHEAST CORNER OF LOT 75 OF THE LEA HILL VILLAGE DIVISION 3-A,ACCORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLATS, PAGE 74, IN KING COUNTY,WASHINGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAID SUBDIVISION; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7510080361. � G. L p ,�� F wAs,y •¢4 p Reid iddleton % 128 134th St.SW Everett,WA 98204 Pro 425/741-3800 16 0 Page 1 of 1 H:\DOC\21 Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhibit A.doc EXHIBIT B UTILITY EASEMENT STR:SE1/4-SW1/4-S9-T21N-R5E,W.M. PARCEL 092105-9020-08 (REFERENCE:PACIFIC NORTHWEST TITLE COMPANY SUBDIVISION GUARANTEE#1109771 02/17/10) A UTILITY EASEMENT OVER, UNDER AND ACROSS A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST,W.M.IN KING COUNTY AND DESCRIBED AS FOLLOWS; THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (SOUTHEAST 320TH STREET)BY DEED RECORDED UNDER RECORDING NUMBER 5796415; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD (124TH AVENUE SOUTHEAST)BY DEED RECORDED UNDER RECORDING NUMBER 5799261; AND EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SAID SOUTHEAST 320TH STREET AND THE EAST MARGIN OF THE PLAT OF LEA HILL VILLAGE DIVISION NO. 1 RECORDED IN VOLUME 87 OF PLATS ON PAGES 39 TO 41,IN KING COUNTY,WASHINGTON; THENCE NORTH ALONG THE EAST MARGIN OF 122ND AVENUE SOUTHEAST TO THE NORTHEAST CORNER OF SAID ADDITION; THENCE NORTH 03°01'47"EAST 75 FEET; THENCE SOUTH 88°45'00"EAST 92 FEET; THENCE NORTH 01°10'00"WEST 178.84 FEET; THENCE NORTH 86°44'10" .WEST TO THE SOUTHEAST CORNER OF LOT 75 OF THE LEA HILL VILLAGE DIVISION 3-A,ACCORDING TO THE PLAT RECORDED IN VOLUME 93 OF PLATS,PAGE 74, IN KING COUNTY,WASHINGTON; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID LEA HILL VILLAGE DIVISION 3-A TO THE NORTH LINE OF SAID SUBDIVISION; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7510080361; SAID UTILITY EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: (THE BEARINGS OF SAID UTILITY EASEMENT DESCRIPTION ARE BASED ON WASHINGTON STATE PLANE NAD-83 CITY OF AUBURN HORIZONTAL DATUM AND DIFFER FROM THE BEARINGS OF THE ABOVE DESCRIBED TRACT OF LAND): Page 1 of 3 H:\DOC\21Cp1071016__GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhibit B.doc • COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE NORTH 88°41'03" WEST ALONG THE NORTH LINE OF SAID TRACT 15.00 FEET TO THE POINT OF BEGINNING OF SAID UTILITY EASEMENT; THENCE SOUTH 01°09'40" WEST 241.90 FEET TO THE BEGINNING OF AN 1165.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'56"AN ARC DISTANCE OF 56.91 FEET; THENCE SOUTH 01°38'16" EAST 168.87 FEET.TO THE BEGINNING OF AN 1144.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°47'56"AN ARC DISTANCE OF 55.88 FEET; THENCE SOUTH 01°09'40"WEST 69.85 FEET TO THE BEGINNING OF A 29.50 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°08'44" AN ARC DISTANCE OF 29.94 FEET AND THE BEGINNING OF A 35.00 FOOT RADIUS COMPOUND CURVE TO THE RIGHT,THE CENTER OF WHICH BEARS NORTH 28°01'46"WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 29°06'34"AN ARC DISTANCE OF 17.78 FEET TO THE SOUTH LINE OF SAID TRACT; THENCE NORTH 88°55'12"WEST ALONG SAID SOUTH LINE 18.40 FEET; THENCE NORTH 73°52'08"EAST 21.01 FEET; THENCE NORTH 21°13'2T'EAST 41.65 FEET; THENCE NORTH 01°09'40" EAST 54.01 FEET TO THE BEGINNING OF A 1129.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°04'54"AN ARC DISTANCE OF 41.02 FEET; THENCE NORTH 29°36'36"EAST 9.27 FEET; THENCE NORTH 33°49'53"WEST 8.86 FEET; THENCE NORTH 01°38'16"WEST 70.13 FEET; THENCE SOUTH 88°21'44"WEST 15.00 FEET; THENCE NORTH 01°38'16"WEST 75.00 FEET; THENCE NORTH 88°21'44"EAST 25.00 FEET; THENCE NORTH 01°38'16" WEST 22.44 FEET TO THE BEGINNING OF A 1170.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 02°47'56"AN ARC DISTANCE OF 57.15 FEET; THENCE NORTH 01°09'40"EAST 74.98 FEET; THENCE NORTH 88°50'20"WEST 5.00 FEET; THENCE NORTH 01°09'40"EAST 143.02 FEET; Page 2 of 3 H:\DOC\2ICp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhibit B.doc THENCE NORTH 88°50'20"WEST 20.00 FEET; THENCE NORTH 01°09'40"EAST 23.99 FEET TO THE NORTH LINE OF SAID TRACT; THENCE SOUTH 88°41'03" EST ALONG SAID NORTH LINE 30.00 FEET TO THE POINT OF BEGINNING AND THE TERMINUS OF SAID UTILITY EASEMENT. SAID UTILITY EASEMENT CONTAINING 8,770 SQ.FEET,OR 0.20 ACRES,MORE OR LESS. 1WF' t Reid iddleton pir 128 134th St.SW 1:;v Everett,WA 98204 ,,,;��0 425/741-3800 <<,�,..,...,.,�........,.,,, • Page 3 of 3 H:\DOC121 Cp\07\016_GRCC General Classroom\Survey legal descriptions\092105-9020-08 Utility Exhibit B.doc EXHIBIT C I I I I „ ! PROPOSED 30 '30 I RIGHT-OF-WAY E I fr--- - 15.00' ___l____ S 88'41'03" E Y_ LINE BEARING DISTANCE LL1 L1 N 8641'03"03" W 30.00v L31 J POINT OF L2 S 01'09'40" W 23.99' 3 BEGINNING S 88'50'20" E 20.00' L4 S 88'50'20" E 5.00' ..?t, I r--L5 S 01'09'40" W 74.98' • L6 S 01'38'16" E 22.44' o L7 S 88'21'44" W 25.00' o mr - 1 I L8 S 01'38'16" E 75.00' co L9 N 88'21'44" E 15.00' N L10 S 01'38'16" E 70.13' PARCEL # L11 S 33'49'53" E 8.86' 0921059020-08 L12 S 29'36'36" W 9.27` L 318th WAY L13 S 01'09'40" W 54.01v L14 S 21'13'27" W 41.65' '3 L15 S 73'52'08" W 21.01' I L16 S 88'55'12" E 18.40` L17 N 01'09'40" E 69.85' PROPOSED UTILITY L18 S 01'38'16" E 168.87' L19 N 01'09'40" E 241.90' 3,770 A� �, v` v CURVE RADIUS LENGTH DELTA " •20 ACRES) Cl 1170.00' 57.151. 2'47'56" 4 C2 1129.00' 41.02' 2'04'54" ' r17 C3 35.00' 17.78' 29'06'34" PROPOSED UTILITY-4 C4 29.50' 29.94' 58'08'44" EASEMENT co C5 1144.00' 55.88' 2'47'56" 51 r C6 1165.00' 56.91' 2'47'56" 4.1 C7 35.00' 37.15' 60'48'34"2'47'56" I 4.1 Cr) w I I- i 751 "t P L11.�r !z tf f,l,,,N,,,,,,,,nl\l\\W,\VO,V, �, \ L12 qt.Lp �� 01.0 N 4 . ... THIS MAP DOES NOT 0\ tie. . -- 1,r�'D�, REPRESENT A PROPERTY \ CQ:it , - .• 7,"' ; SURVEY AND DOES NOT S'+\ �i^ '. x E PURPORT TO SHOW ALL . .\ J� 30' 30' 1 • • EASEMENTS OF RECORD. i ,S 426 ,3. h:' s � s, is z L��J SW COft. ;' r :, ,;�,1 i � f S.E. 320TH ST. ° L16 SEC. 9, TWP. if ' ; _ 21N, RGE. I.1,,, ,,,,E,,,,,, ,,,,,,,,,,,,,.-�+' S 88'55'12" E ---°°°4111 15E, W.M. 728 134th Street SW. Suite 200 Reid i d d i et o n Everett, Washington 98204 SCALE: 1" = 100' DATE: 06-22-10 Ph: 425 741-3800 I:\22\2009\020\2920-EAS-EXBT6.DWG