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Home My WebLink About20130621001338 WATER EASEMENT 03/12/13Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 E EX XCISE r�r Co ri' 'ds WK3 on BY LL�ylfy >;100,1338 Above this line reserved for recordnle information. WATER EASEMENT FAC12 -0008 Reference # (if applicable): N/A ,30 �1 Grantor /Borrower FONPEE, LLC T Grantee /Assignee /BeneficiaD City of Auburn Legal Description /STR. NE '/, S2—T2 I N — R4E Assessor s Tax Parcel ID# 022104 -9098 For and in consideration of the sum of TEN DOLLARS ($10 00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, FONPEE, LLC hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property ( "Easement Area ") for the purpose of laying, maintaining, and installing Water Main _AND APPURTENANCES THEREOF, said Easement Area being a portion of the above - designated 'fax Parcel ( "Parent Parcel "), and described as follows. SEE EXHIBITS "A" AND "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. N'tiler Ea$l'nll'nt iti : LTEii 1)•<1'FY t-'OIR tattir(]�ANO / OR Page I of 7 ,• CfiLn+:nC' i ::t ^5 ?J?ELiS BY FIRSTMMEWCO! 1 �n 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 till 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 Citv 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 an), 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. Water Fa�ennent Page 2 of 7 IN WITNESS WHEREOF, said corporation has aused this instrument to be executed by its proper officer(s) this Id day of _ 11 C 2013 7y Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that n\ t Kp- &mil k-4- is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the M � Mcnq (tic AA Mho on on of FONPEE, LLC, a limited liability corporation, to be The free and voluntary act of such part), for the uses and purposes mentioned in this instrument. Dated S � i N� Afl�t i Q i k 'nm�awN` tam r gtttt�F`WA91``�� I IS /tib Pile: FAC12 -0008 #1341 Water Easement Page 3 or Notary Public in and for the Residingat Prsnen My appointment expires_ EXHIBIT `A' WATERLINE EASEMENT LEGAL DESCRIPTION: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS. COMMENCING ON THE EAST LINE OF SAID GOVERNMENT LOT 1 AT A POINT WHICH IS SOUTH 01. 33'33" WEST, 945.12 FEET FROM THE NORTHEAST CORNER THEREOF, THENCE NORTH 89 °17'33" WEST, 428.00 FEET, THENCE NORTH 01 *33'33" EAST, 99.91 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 845.12 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2, THENCE NORTH 89 °17'33" WEST ALONG SAID SOUTH LINE, 652.19 TO A POINT ON THE EAST LINE OF THE WEST 1524.6 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 01'05'07" WEST ALONG SAID EAST LINE, 317.86 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 1236 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2, THENCE SOUTH 89 °55'04" EAST ALONG SAID NORTH LINE, 309.58 FEET TO A POINT ON THE NORTHERLY LINE OF THE M. MARKDAHL ROAD AS CONVEYED TO KING COUNTY BY DEED RECORDED IN VOLUME 1167 OF DEEDS, PAGE 133, RECORDING NUMBER 1592515 (ALSO KNOWN AS MEREDITH RD OR S. 292ND ST ); THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2, THENCE NORTH ALONG SAID EAST LINE 95.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, , t, , EXCEPT THE RIGHT OF WAY SECONDARY STATE HIGHWAY NO 5M(W69TVAU4EY,HIGHWAY); AND �,) EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN'BY DEED RECORDED UNDER RECORDING NUMBER 9604220946, 0 AeT. ' �'BT •t.�a`'AP (ALSO KNOWN AS PARCEL A, CITY OF AUBURN BOUNDARY LINE AL RECORDED UNDER RECORD NUMBER 20071206900004, RECORDS WASHINGTON.) ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED UNDER RECORDING NUMBER 20100923000793, DESCRIBED AS FO LLO W S. Water Easement Page 4 of 7 COMMENCING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AT A POINT WHICH IS SOUTH 01'33'33" WEST, 945.12 FEET FROM THE NORTHEAST CORNER THEREOF, THENCE NORTH 89 017'33" WEST, 26.65 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A, SAID POINT BEING ON THE WEST RIGHT OF WAY OF STATE HIGHWAY SM, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING. THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT OF WAY, AN ARC WITH A RADIUS OF 984.90 FEET WHOSE CENTER BEARS NORTH 88 °49'45" EAST, 62.87 FEET, THENCE SOUTH 35 °24'07" WEST, 19.92 FEET, THENCE NORTHWESTERLY ALONG AN ARC WITH A RADIUS OF 998.40 FEET WHOSE CENTER BEARS NORTH 82 °19'31" EAST, 79 40 FEET TO THE NORTH LINE OF HEREIN DESCRIBED PARCEL A, THENCE SOUTH 89 °17'33" EAST, ALONG SAID NORTH LINE 13.53 FEET TO THE TRUE POINT OF BEGINNING. SAID DESCRIPTION CONTAINING 961 SQ. FT ± Water Easement Page 5 of 7 SAID EASEMENT BEING 15.00 FEET WIDE HAVING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES. COMMENCING AT THE SOUTHWEST CORNER OF PARCEL A, CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO BLA07 -0009, RECORDED UNDER RECORD NUMBER 20071206900004, RECORDS OF KING COUNTY, WASHINGTON; THENCE S89 °41'51 "E ALONG THE SOUTHERLY LINE OF SAID PARCEL A (SHOWN AS S89 °55'04 "E ON SAID BOUNDARY LINE ADJUSTMENT), A DISTANCE OF 309.58 FEET TO A POINT ON A CURVE TO THE RIGHT FROM WHICH THE CENTER BEARS S20 °29'26 "E 316.48 FEET DISTANT, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 °58'12" AND AN ARC DISTANCE OF 71.64 FEET, THENCE N82 °28'46 "E 150.03 FEET TO A POINT ON A CURVE TO THE RIGHT FROM WHICH THE CENTER BEARS N85 °18'03 "E 350.00 FEET DISTANT, SAID POINT BEING THE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 °37'37" AND AN ARC DISTANCE OF 34.37 FEET, THENCE NOO °55'40 "E 144.69 FEET, THENCE N89 °04'20 "W 14 47 FEET TO A POINT HEREINAFTER KNOWN AS POINT A, THENCE N89 °04'20 "W 300.00 FEET, THENCE N01 °18'40 "E 13.72 FEET TO THE TERMINUS OF SAID CENTERLINE; ALSO BEGINNING AT THE AFOREMENTIONED POINT A, THENCE N01- 18'40 "E 13 73 FEET TO THE TERMINUS OF SAID CENTERLINE; THE EASEMENT SIDE LINES SHALL BE EXTENDED OR SHORTENED AT THE RIGHT OF WAY, ANGLE POINTS, INTERSECTIONS AND TERMINUS AS NECESSARY Watcr Easement Pace 6 of 7 EXHIBIT `B' Water Easement Page 7 of 7 WATERLINE EASEMENT w I� I NC; 40 E m 2 ;3 73 I z - -POINT OF -- I BEGINNING <"! N00'55 40 "E W 144 69 N89'04 I POINT A 20-h I 14 47 \ I 3 A= 5'37 37" m°m ` I R =350 00 L-34 37 al, I w s 111 v m Mel " ItiN Z a OMEGA INDUSTRIAL CONTRACMRS `" 4 3703 W. VALLEY HWY NW I N I AUBURN, WA 98001 o , PREPARED BY: I ° GE0DIEMENSI0NS INC. �N o M 425-458--4486 JOB N0. 12412 DATE 02-28 -2013 v O Ju N G R� m m hAS;/ A 6 ,R CT 2 m .z .2B 52D ICI T ° 15 2 FSS�gEC�EP y�Q °4L LAWS -• \ k' Ccm Ma LLI \ v� N01'18 40 'E 134 72 I —SA' CORNER �r -----MEOW PARCEL A Water Easement Page 7 of 7