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HomeMy WebLinkAbout20110427000525 WATER EASEMENT 03/03/2011 0 7- 2/-OSr�09� Return Address: City Clerk burn 0 I I I III I II II II III I I II I II Ii111 West Main A uburn., WA 98001 20110427000525 A PACIFIC NW TIT EAS 67.00 PAGE-001 OF 006 04/27/2011 11:08 KING COUNTY, UP Above this line reserved for recording information. -b- WATER EASEMENT V1/4-111/4-"C FAC06-00 6OGU6+ Reference#(if applicable): N/A b Grantor/Borrower: Little Detroit, LLC Grantee/Assienee/Beneficiary: City of Auburn Legal Description/STR: SW Y<—S7—T2IN—R5E Assessor's Tax ParcellD#: 333990-0776 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, Little Detroit, 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 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. Water Easement Page I of6 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 skid 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. Water Easement Paget of 6 , IN WITNESS WHEREOF, said corpora�ion ha caused this instrument to be executed by its proper officer(s) this day of J Y L t �, 201 I. Wahl. a.scsockcizis lne, filarif8�r b : Gan.ba .. .'\,JaS,.9-- I Prrb;d6Ot Authorized Signature Authorized Signature STATE OF WASHINGTON ) ) ss COUNTY OF KING I certify I have know or have satisfactory evidence that A-12IHUE L: ABU L is/are the person(s) who appeared before me, and said person(s) acknowledged I that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to , execute the instrument and acknowledge as the 3t3E5iDl7Jf6F E7b;/W4riAttS.IMIG.FAIDGJ ilVitf1Ait5, i4iC of the Little Detroit, LLC, a limited liability company, to be the free and voluntary act 49 Mkt/At/VC of such party for the uses and purposes mentioned in the instrument. Dated 3 '3'�Cjl it+ir q Itit. C c ∎• O,PRY� � m. f Notary Public in and for the State of Washington "f �a m•m� Residing at KIe-Cyf-j40 , tar • pUgL\O csP My appointment expires ti/9/Z0is • I IS/tlb/rt File: #1122 REF: H:\Development\Projects\Centioli Plaza\FAC06-0036 Centioli Plaza\Legal Documents\20 I I Water Easement Page 3 of 6 , i EXHIBIT A • LEGAL DESCRIPTION FOR WATER EASEMENT ON LOT 1 That portion of Lot 1 of City of Auburn Short Plat No,SPL10-0005 as recorded under Recording No. 201 01 201 900004,situate in the southeast quarter of the southwest quarter of Section 7,Township 21 North, Range 5 East,W.M., City of Auburn, King County, Washington,contained within a 15 foot wide strip, lying 7.5 feet on each side of the following described centerline: COMMENCING at the southeasterly corner of said Lot 1; THENCE along the line common to said Lot 1 and to Lot 2 of said short plat I N 89°03'33"W, 137.42 feet to the TRUE POINT OF BEGINNING; THENCE N 00°3829" E, 12.86 feet; THENCE S 89°30'06' E, 94.01 feet; THENCE N 00°30130" E, 30.62 feet to a point hereinafter referred to as Point A; I I THENCE continuing N 00°30'30° E, 30.44 feet to a point hereinafter referred to as Point B; , I THENCE continuing N 00°30'30° E,57.37 feet to the northerly fine of said Lot 1, being coincident with the southerly margin of 12th Street NE,AND the terminus of this centerline description; Note: The sidelines of said strip are to be shortened or lengthened as necessary to begin on said southerly line of Lot 1 and to terminate on said southerly margin of 12t StreetINE; Water Easement Page 4 of 6 7 Centioli Plaza January 19,2011 Page Two I TOGETHER WITH that portion of said lot contained within a 15 foot wide strip, lying 7.5ifeet on each side of the following described centerline: BEGINNING at said Point A; THENCE S 89°2930" E, 23.00 feet to the terminus of this centerline description;' ALSO TOGETHER WITH that portion of said lot contained within a 15 foot wide strip, lying 75 feet on each side of the following described centerline: BEGINNING at said Point B; THENCE N 89°40'01"W,62,00 feet to the terminus of this centerline description; See attached Exhibit B. Written by: CAF. Checked by: D.LR ttesm81engrlesm-Iobs11 6751001 101 01documentuegal-water easement on lot-1 doc ii 1 r Y 4;29 OS ya , -gyp 9dr ` I Ey YloNv\>1%NS. Y! ./// IP Water Easement Pages of EXHIBIT B TO ACCOMPANY LEGAL DESCRIPTION FOR WATER EASEMENT A PORTION OF SECTION 7, T. 21 N., R. 5 E., W.M., CITY OF AUBURN, KING COUNTY, WASHINGTON /- .....-- 12T1-1 STREET NE ICI POINT B I I+-1EMETNT,1-1 G_ LYING 7.5' LOT 1 I'—�, I H SIDE OF I CENTERLINE I ' SCALE: 1e=100r r--=—JI POINT A LOT Z TRUE POINT OF i BGINNING �/I n p ` I CITY OF AUBURN 1 Q' SHORT PLAT I NO. SPL10-0005 I 1 RECORDING I I NO. 20101201900004 r, I -7 LOT 3 / / / II II 10TH STREET NE ESMS\ENGR\ESM-JOBS\1675\001\010\EXHIBITS\SR-02.DWG ,,mis .. CONSULTING ENGINEERS LLC I ® I • I4, I Sullding C Sulte 210 JOB NO. 1675-001-010 Federal Way,WA 88003 FEIGN.m p??'w-.na DRAWING NAME : SR-02 www.esmcivll.com riftW Vol,Mira DATE : 01-18-2011 DRAWN : CAF . vuwm o w ne I 1 +N.nq M I ia�e e�nIani ect . 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