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HomeMy WebLinkAbout20140421001388 BUNGLAW EASEMENT 02052014FIRST AMERICAN Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 j 2,--z i -CY -4 gl Above this line reserved for recording information. BUNGALOW EASEMENT FAC 13 -0015 Reference # (if applicable): N/A Grantor/Borrower GATES, GATES & GATES, LLC Grantee /Assignee /Beneficiary City of Auburn Legal Description/STI2. NEI/4- 13 -21 -04 Assessor's Tax Parcel 1D# 132104 -9094 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, GATES, GATES & GATES, LLC, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property ( "Easement Area ") f'or the purpose of laying, maintaining, and installing RAIL SPUR BUNGALOW AND APPURTENANCES THEREOF, said Easement Area being a portion of the above - designated Tax Parcel ( "Parent Parcel "), and described as follows: SEE EXHIBITS "A" AND `B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said Grantee shall have the absolute right, at times as may be necessary, for inunedrate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therelbre. 00tiNUM roc a all Et? T—Wa M 1�R YA Tt)t 9.9 ! Un AM1PA"AMAj1 1J BYF`MRTAtli 1N Tr.0 RTf RANC$ t7taMPAWI Easement Page I of 5 Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. 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 improvements 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 improvements. 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 ofthe 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 5 0 0 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 'S-1h day of Fe, 2014 Poot Ld dla(,l nl,, Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) 1 certify I have know or have satisfactory evidence that �l ul-! K-aC cr, LA is the personwho appeared before me, and said personacknowl dged that he /she sighed this instrument on oath stated that he /she was authorized to execute the instrument and acknowledge as the fN M her of GATES, GATES & GATES, LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Q1,514 PAULYNE MARIE VANDER SLOOT STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 05.18.15 MAB /tlb Fite: # 1350 Easement Page 3 of 5 0 Notary Public in and for the State of Washington Residing at l Gt My appointment expires EXHIBIT A A RAILROAD SIGNAL EASEMEN F OVER, UNDER AND ACROSS A PORTION OF NEW PARCEL A OF BOUNDARY LINE ADJUSTMENT NO. 07-008, RECORDED SEPTEMBER 4, 2007 UNDER RECORDING NO. 20070904900010, RECORDS OF KING COLIN I Y, WASHINGTON, DESCRIBED AS FOLLOWS; HEGINNING AT TIME CASED MONUMENT MARKING THE NORTHEAST CORNER OF SECTION 13, l OWN SKIP 21 NORTH, RANGE EAST, W.M., (HENCE NORTH 87 °01'19" WEST ALONG THE NORTH LINE OF SAID SECTION 13, FOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. A DISTANCE OF 619.47 FEET TO T1 IL INTERSECTION OF SAID NORTH LINE AND THE CENTERLINE OF "A" STREET NW; THENCE SOUTH 00 °29'58" EAST ALONG SAID CENTERLINE, A DISTANCE OF 69.98 FEET TO'TI IE BEGINNING OF A CURVE TANGENT TO SAID LINE; THENCE SOUTI (ERLY A DISTANCE OF 59.98 FEET AI.ONG THE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 0'52'22 THENCE SOUI H 07 "22'20` EAST TANGENT FROM SAID CURVE, A DISTANCE OF 22500 THENCE LEAVING SAID CENTERLINE OF °A" STREE I NW SOUTH 82 "3740" WEST, A DISTANCE-- OF 30.00 FEET TO THE WESTERLY MARGIN THEREOF, ALSO BEING THE EASTERLY LINE OF SAID NEW PARCEL A. AND THE TRUE POINT OF BEGINNING AND'I I IF BEGINNING OF A CURVE CONCAVE'TO THE SOUTH HAVING A RADIUS OF 439 27 FEET AND A CENTRAI. ANGLE OF 4 °02 "12" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTI 168 °36'31 "WETS( 30.94 FEET, THENCE WESTERLY AND SOUTHWFSTERLY ALONG SAID CURVE, BEING PARALLEL WITH AND 20 FEET SOUTHERLY OF THE CEN TERLINL' OF RAILROAD SPUR TRACKS AND -111E NORTHERLY LINE OF SAID NEW PARCEL A. A DISTANCE OF 30.95 FEET, THENCE NORTH 23 "24'35" WEST RADIAL 10 SAID CURVE. A DISTANCE OF 10.00 FEET I I I IF BEGINNING OF A CURVE RADIAL'( 0 SAID LINE; THENCE SOUTHWES I ERLY A DIS EANCE OF 8710 FEET ALONG THE CURVE CONCAVE TO TI IF- SOUTHEAST, AND BEING PARALLEL WITH AND 10 FEET SOUTI (ERLY OF THE CENTERLINE OF RAILROAD SPUR TRACKS AND THE NORTHERLY LINE OF SAID NEW PARCEL A, HAVING A RADIUS OF 449 27 FEET AND A CENTRAI. ANGLE OF 11'11'04 "; THENCE NORTH 34 °3539" WEST RADIAL 1'0 SAID CURVE, A DISTANCE OF 10.00 FEI=1 TO THE CENIERL.INE OF RAILROAD SPUR TRACKS ALSO BEING THE NOR'( FIERLY LINE OF SAID NEW PARr.EL A, AND THE BEGINNING OF A CURVE RADIAL TO SAID LINE; I HENCE NORTHEASTERLY AND EASTERLY A DISTANCE OF 126.26 FEET ALONG THE CURVE CONCAVE TO I HE SOUTHEAST, HAVING A RADII IS OF 459.27 FEET AND A GFNI HM. ANGLE OF 15'45'04" TO THE IN I ERSECTION POIN I OF SAID CENTERLINE OF RAILROAD SPI IR l RACKS AND THE WESTERLY MARGIN OF'A' STREET NW ALSO BEING THE NORTH EASTERLY CORNER OF SAID NEW PARCEL A; TI IENCE LEAVING -1 HE AFOREMENTIONED CENTERLINE OF RAILROAD SPUR TRACKS SOU FH 07'22'20" EAST, ALONG 'I HE WES I ERLY MARGIN OF "A' STREET NIA( AND THE EASTERLY LINE OF SAID NEW PARCEL A DISTANCI'_ OF 20.43 FEET TO THE'I'RUE POINT OF BEGINNING AND THE 1 ERMINUS OF THIS DESCRIPTION. CONTAINING 1562 SQUARE FEET MORE On LESS, S11 LATE IN THE COUNT Y OF KING STATE OF WASHING-1 ON. 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