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HomeMy WebLinkAbout20130220001374 TEMP ACCESS, DRAIN, MAINT, AND REPAIR EA 01/28/2013Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 111111111111111111 AA 201302200 FIRST PAGE- 001 EOFC007ER5 02/20/2013 12 11 KING COUNTY, WA 0 -57-2/ -OS-( 3 113]4 78 00 EXCISE TAX NOT RFOk)IRED Klnp .. By ep�r RECORDER'S COVER SHEE Document Title(s) (or transactions contained therein): Temporary Access, Drainage, Maintenance, and Repair Easement Reference Number(s) of Documents assigned or released N/A ❑Additional reference #'s on page _ of document Grantor(s) (Last name first, then first name and initials) 1 Amber L. Cook, Trustee of the Amber L. Hagerty Cook Trust Grantee: (Last name first) 1. City of Auburn Legal Description (abbreviated- i.e. lot, block, plat or section, township, range) N ''/2 05 -21 N -05E ❑ Additional legal is on page _ of the document. Assessor's Property Tax Parcel /Account Number: 052105 -9099 Tax # not Return Address: City of Auburn City Clerk 25 West Main Auburn. WA 98001 Above this line reserved for recording information. Temporary Access, Drainage, Maintenance & Repair Easement Reference # (if applicable). Grantor /Borrower N/A Amber L. Cook, Trustee of the Amber L. Hagerty Cook Trust Grantee /Assignee /Beneficiary; City of Auburn Legal Description /STR: Additional on page 5 Assessor's Tax Parcel ID# 052105 -9099 In consideration of the mutual covenants contained herein and for other valuable consideration, Amber L. Cook, Trustee of the Amber L. Hagerty Cook Trust (Grantor) hereby grants to the City of Auburn (Grantee), a municipal corporation of King County, Washington, its contractors, employees, agents, successors and assigns, the right to enter upon that portion of land (described in Exhibit 'A' and as shown on Exhibit 'B' attached hereto and incorporated herein by reference) required for the purpose of monitoring and performing routine maintenance of existing drainage manholes, pipe and outfall, as may be required. SPECIAL STIPULATIONS Grantor hereby agrees to permit Grantee, its contractors, employees, agents, successors and assigns the right of entry including the right of ingress and egress to the areas as described in Attachment 'A' and shown on Exhibit B, to, monitor the outfall of storm drainage, and to complete studies to support design of possible future drainage improvements to include, but not limited to site survey and geotechnical investigation as set forth above Temporary Access, Drainage, Maintenance & Repair Easement Page 1 of 6 2. Grantee agrees to repair any part of the storm drainage facility lying within the easement that fails, sustains damage or leaks during the term of this temporary easement. 3 Grantee agrees, to the extent practicable, to leave the property in as good a condition as existed on the day maintenance and investigation commenced This shall include the timely removal of any and all debris, rubbish or combustible material resulting from maintenance and investigative activities 4 Grantor agrees that this Right -of -Entry shall be in full force and effect from the date thereof, without other conditions or prerequisites as to its effect. Grantee, its agents and assigns, will notify Grantor of its proposed activity schedule, and will, to the greatest extent practicable, schedule the activity so as to avoid any inconvenience to the property Grantor authorizes and appoints Grantee as its agent and attorney -in -fact to make application for any and all permits required to complete the project. The rights herein granted shall include all incidental rights, including but not limited to, right of ingress and egress necessary to properly perform the work related to inspection and repair of the existing pipeline and investigations to plan its replacement. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or arising out of the rights herein granted to Grantee and /or its contractors, employees, agents, successors or assigns. 8 This easement is temporary until such time as the storm drainage facility has been relocated or such time as a permanent easement is negotiated and granted. Temporary Access, Drainage, Maintenance & Repair Easement Page 2 of 6 Dated this 2-8 day of 2013 irl OF iJ %, i �i STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Am bar L. Cook is the person who appeared before me, and said individual acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. Dated 61� JO /1 Gnn� P,f � �. CUSmi(' Notary Public in f r and the State of Washington residing at My appoint e xpires 9 JENNIFER T CUSMtR NWARY PUSUC STATE OF WASHMWOM C%20=MFV1KS Temporary Access, Drainage, Maintenance & Repair Easement Page 3 of 6 Dated this 25day of -;5c,vtvar L� 12013 Accepted for Grantee by Dennis L Selle, City Engineer for the City of Auburn, WA STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that ,b ENN ins '-& 1/F is known to me as the City Engineer representing the City of Auburn who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated ' �;as ( - Y,c'Zk1 / DG, ; BAD �� Notary PulAcjn pnd for t�e State of Washington JE4 „ON4,i �- i ?i+►+p 'fie "''. ', residing at t �� ec z u,m 4-y 4f My appointment expires 11114 "s 611, "OF W P5?.` Temporary Access, Drainage, Maintenance & Repair Easement Page 4 of 6 EXHIBIT "A" LEGAL DESCRIPTION FOR 10' WIDE TEMPORARY ACCESS, DRAINAGE, MAINTENANCE AND REPAIR EASEMENT ON COOK TRUST PARCEL, ASSESSOR TAX PARCEL 0521059099 The south 10 feet of the following described property (as described in Statutory Warranty Deed recorded under recording number 20090324001628, records of King County, WA): That portion of North 1/2 of Section 5, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Northwesterly corner of Lot 14 in Block 1 of Eastridge Manor III A, as per plat recorded in Volume 71 of Plats, Page 97, records of King County Auditor; Thence North 39 °39'00" East 120 feet; Thence North 50 °21'00" West 30 feet; Thence on a curve to the right, radius 115 10 feet, through central angle of 33 °51'32 ", a curve distance of 68.02 feet to the true point of beginning; Thence South 73 130'32" West 114 44 feet to the East line of a tract conveyed to Jerry L. Marlow and Marily E. Marlow, his wife, by deed recorded under recording number 7601230069; Thence North, along said East line, 185 16 feet to the South line of Southeast 293`d Street, as conveyed to King County by deed recorded under recording number 7307050567, Thence East along said South line, 105 feet to the West line of 1081h Avenue Southeast; Thence Southerly, along said West line, to the true point of beginning; EXCEPT that portion lying within said streets as conveyed to King County by deed recorded under recording number 7410310445, TOGETHER WITH that portion of the North 1/2 of Section 5, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Northwesterly corner of Lot 14 in Block I of Eastridge Manor III A, as per plat recorded in Volume 71 of Plats, page 97, records of King County Auditor; Thence North 39 °39'00" East, a distance of 120feet; Thence North 50 °21'00" West, a distance of 30 feet; Thence North 39 °39'00" East, a distance of 170 feet; Thence South 50 °21'00" East, a distance of 25.80 feet; Pt R; BL9T Thence North, a distance of 154.20 feet; . Q c Thence West, a distance of 275 feet; :y ° Thence South a distance of 60 feet to the true point of beginning; ? o Thence South a distance of 184.07 feet; 2295, Thence North 01 °14'42" West a distance of 184 11 feet; �JS'9FG /STEP @S Thence East, a distance of 4 00 feet to the true point of beginning. ANAL LANDS Situate in the County of King, State of Washington. , IZy I -Lo"3 MSURVEWROJECTS%Q0311- Newbcny Storm issuetStonn Esmt Dec 20WCook Tmst Temp Access Echibv A 20130125.docx 1/25/2013 SE 293RD ST S / 0= 33'51'32 R= 115.10' . L= 68.02' NW CORNER OF LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 20000828001308 o ti TAX LOT 0521059102 SWD 20000828001308 0y� 14 93.18' O s n� I 29S S�. ti 30 00. 00' ,00. PROJ: ADM 432 12/19/2012 THIS DRAWING IS TO ACCOMPANY THE LEGAL DESCRIPTION FOR THE SCALE: V =50' TEMPORARY EASEMENT AND DOES NOT REPRESENT A BOUNDARY SURVEY DRAWN BY, RRB CITYOF 1'* . CITY OF AUBURN EXHIBIT "B" MAP FOR A TEMPORARY ACCESS, DRAINAGE PUBLIC WORKS DEPARTMENT MAINTENANCE AND REPAIR EASEMENT WASHINGTON ON THE COOK TRUST PARCEL 0521059099 I w OWNER: COOK TRUST (n 00 TAX LOT 0521059099 W SWD 19990628001991 Li and 20090324001628 Q I t TAX LOT 0521059130 O SWD 20050513002462 z TEMPORARY EASEMENT FOR 0 ACCESS, DRAINAGE, Ln O MAINTENANCE AND REPAIR OF EXIST STORM PIPE N S / 0= 33'51'32 R= 115.10' . L= 68.02' NW CORNER OF LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 20000828001308 o ti TAX LOT 0521059102 SWD 20000828001308 0y� 14 93.18' O s n� I 29S S�. ti 30 00. 00' ,00. PROJ: ADM 432 12/19/2012 THIS DRAWING IS TO ACCOMPANY THE LEGAL DESCRIPTION FOR THE SCALE: V =50' TEMPORARY EASEMENT AND DOES NOT REPRESENT A BOUNDARY SURVEY DRAWN BY, RRB CITYOF 1'* . CITY OF AUBURN EXHIBIT "B" MAP FOR A TEMPORARY ACCESS, DRAINAGE PUBLIC WORKS DEPARTMENT MAINTENANCE AND REPAIR EASEMENT WASHINGTON ON THE COOK TRUST PARCEL 0521059099