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Home My WebLink About20111031000241 WATER EASEMENT 05/10/2010Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 15- 2/- D� ( � 08) 11111111111111111111111111111111111 201110 3iommza� FIRST AMERICAN EAS 66 00 PAGE-001 OF 005 10/31/2011 09 44 KING COUNTY, WA Above this line reserved for Said documents were filed Of record as an accommodation cr'y It has not been exammed as to proper execution or as to its effect upon title. information. 3 14y, -14W WATER EASEMEIq MT j gCAN LD-j�4l BLD10 -0033 Reference # (if applicable): N/A Grantor/Borrower: Gates, Gates & Gates Grantee/Assignee/Bendiciary- City of Auburn Legal Description/STR: NE' /.NE %.S13— T21N —R4E Assessor's Tax Parcel ID# 132104 -9095 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 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 fire hydrant, two water meters 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 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 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 5 „ IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this _/ 0_ day of MT, 2010 STATE OF WASHINGTON) ) ss COUNTY OF KIN Pit -ece,) I certify that I know or have satisfactory evidence that William A Gates, General Partner, of a Partnership, is the person who appeared before me, and said partner acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Dated Jo” �� ?—y % (7) Notary Public in and for the State of Washington Residing at 129oG - 13J*, Rtie .d. F., My appointment expires HS /tlb File: 91292 REF HADevelopmentTrojectsWohawk Plastics\BLDl0- 0033tLegal Documents\2010 Easement Page 3 of 5 1� EXHIBIT "A" WATERLINE EASEMENT - - - - - - - - - - WETLANDS 1 I 1 1 I r LOT 4 1 TL41321049095 AUB. SP 16- 79(REVISED) REC #8207130444 5 r1 w PROPOSED BUILDING LOT 3A TL 41321049094 LINE BEARING HORIZ DIST L1 N6'20'1I "W 98.57' L2 S87'13'12"W 82.86' L3 N7'32'49 "W 18.81' L4 N82'27'1 1 "E 15 00 L5 S7'32'49 *E 5.01 L6 N87'1 3'12 "E 68 13' L7 S6'20'11 "E 15 03' IN y I Scale 1" = 80' L, ✓1-Ca /1 EXHIBIT "B" WATERLINE EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, DESCRIBED AS FOLLOWS' BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, AUBURN SHORT PLAT NO SP 16 -79 REVISED, ACCORDING TO THE SHORT PLAT THEREOF RECORDED JULY 13, 1982 UNDER RECORDING NUMBER 8207130444, IN KING COUNTY, WASHINGTON; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4, NORTH 06'20'11" WEST FOR 98.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87° 13'12" WEST FOR 82.86 FEET, THENCE NORTH 07° 32'49" WEST FOR 18.81 FEET, THENCE NORTH 82° 27'1 T' EAST FOR 15 00 FEET, THENCE SOUTH 07° 32'49" EAST FOR 5.01 FEET, THENCE NORTH 87° 13'12" EAST FOR 68.13 FEET TO SAID EASTERLY LINE OF LOT 4, THENCEALONG SAID EASTERLY LINE,'SOUTH 06'20'11" EAST FOR 15.03 FEET TO THE TRUE POINT OF BEGINNING.