HomeMy WebLinkAbout20120614000799 WATER EASEMENT 03/16/2012 . : , . FEST AlWrimiCAN ___IDy71J'3 0 7=21-051&05)
iittiiiniontinnnn iiiiitti
Return Address: 20120614000799
City of Auburn FIRST AMERICAN EAS 68.00
City Clerk PAGE-001 OF 007
012 25 West Main KING4COUNTY 12WA5
Auburn, WA 98001
EXC E TAX NOT PEOUIRcD
t::.. Co.Recc,ds D' ilien
BYa :�.Caput,/
Above this line reserved for recording information.
Said documents were filed of
WATER EASEMENT record as an accommodation only.
GRA11-0028 It has not been examined as to
proper execution or as to it effect
upon title,
•
Reference I(if applicable): N/A
Grantor/Borrower: AutoZone Development Corporation, a Nevada Corporation
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/S'I'R: SW ''A—S7—T21N—R5E (cOci
Assessor's Tax Parcel ID#: 333990-0775 &333990-0778
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, AutoZone Development Corporation, a Nevada
Corporation, 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 of 7
Y . 1
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.
Water Easement
Page 2 of 7
.. e
EXHIBIT A
LEGAL DESCRIPTION
FOR
WATER EASEMENT ON LOTS 2 AND 3
That portion of Lots 2 and 3 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 3;
THENCE along the southerly line thereof, being coincident with the northerly margin of 1 oh
Street NE, N 89°03'33" W, 6320 feet to the TRUE POINT OF BEGINNING;
THENCE N 00°29'18° E, 46.34 feet
uoils8 .W ssaedeR
THENCE N 22°59'17° E, 28.74 feet to a point hereinafter referred to as Point A;
THENCE continuing N 22°59'17' E, 60.09 feet;
THENCE N 00°29'17° E, 121.37 feet;
THENCE N 89°30'40' W,35.00 feet to a point hereinafter referred to as Point B;
THENCE continuing N 89°30'40°W, 61.59 feet to a point hereinafter referred to as Point C;
THENCE continuing N 89°30'40° W, 30.01 feet;
rioUii t 1.3;:j t l j
Water Easement
Page 4 or 7
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by
its proper officer(s)this t(44-day of'M/k12C , 2012.
eboTeaGU.A t_
Authorized Signature
�W Authorized Signature
STATE OF Te.w4i asSce ) Approved by AutoZone
) ss Legal & Business Personnel
COUNTY OF 5Pi i ) fre M
I certify bcertify mita in '�q satisfactory evidence that RebeCCa�W. Beau
and �"'�`� is/are the person(s) who appeared before me,
and said person(s) acknowledged that lie/she/they signed this instrument on oath stated that
he/she/they was/were authorized to execute the instrument and acknowledge as the
VICE xaezt cti-[T and VtCEPaCStOFt-I
of the AutoZone Development Corporation, a Nevada corporation, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated 2 -
1
Debra Gillion
Notary Public in and fo he St to of 7(o4trS5✓e
Residing at Shy I4 (2ou�
My appointment expires cif
IiS/tlb/hb
File:#1325
Water Easement
Page 3 of 7
T
cr 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
rt
12TH STREET NE
II
II
_J I
LOT 1 C
I
SCALE: 1"=100'
_•411,15' WATER
LOT 2 '1 LYING 7 EASEMENT,
o L ON EACH
3 SIDE OF
i CENTERLINE
a o I POINT E
S a II
n POINT B
i,_ — ,c CITY OF AUBURN I I I
SHORT PLAT
NO. SPL1 D-0005 I
RECORDING I I
NO. 20101201900004 I '
J )
LOT 3
POINT A
I I
TRUE BEGINNING POINT OF
I
10TH STREET NE
ESM8\ENGR\ESM—JOBS\1675\001\010\EXHIBITS\SR-01.DWG
Ge:s.mr, CONSULTING ENGINEERS LLO
191 S.333rd Street I ® I `% I w I
Building C Sults 210 JOB NO. 1675-001-010
Federal Way,WA 98003 rmma WAY (m)aaesru DRAWING NAME : SR-01
www.esmcivil.com i`n`n en a'ea°° DATE : 01-10-2012
DRAWN : CAF
Civil Engineering I Land Surveying land Planning SHEET 1 OF 1
Public Works I Project eanogemenl I Landscape Architecture
Water Easement
Page 7 of 7
THENCE N 73°38'49" W, 28.77 feet to a point hereinafter referred to as Point D;
THENCE continuing N 73°38'49" W, 15.52 feet to the westerly line of said Lot 2, being
coincident with the easterly margin of Auburn Way North,AND the terminus of said
centerline description;
Note: The sidelines of said strip are to be shortened or lengthened as necessary to begin
on said northerly margin of 10`"Street NE and to terminate on said easterly margin of
Auburn Way North;
TOGETHER WITH that portion of said lots contained within a 15.5 foot wide strip, lying 7.5
to the left of and 8 feet to the right of the following described centerline:
BEGINNING at said Point A;
THENCE N 67°00'43" W, 16.00 feet to the terminus of this centerline description;
ALSO TOGETHER WITH that portion of said lots contained within a 15 foot wide strip, lying
7.5 feet on each side of the following described centerline:
BEGINNING at said Point B;
THENCE N 00°35'01" E, 99.06 feet to a point hereinafter referred to as Point E;
THENCE continuing N 00°42'44" E, 81.12 feet to a point on the northerly line of
said Lot 2 which bears N 89°03'33" W, 137.42 feet from the northeasterly corner
thereof AND the terminus of this centerline description;
ALSO TOGETHER WITH that portion of said lots contained within a 15 foot wide strip, lying
7.5 feet on each side of the following described centerline:
BEGINNING at said Point C;
THENCE N 00°29'20" E, 29.00 feet to the terminus of this centerline description;
ALSO TOGETHER WITH that portion of said lots contained within a 24 foot wide strip, lying
7.5 feet to the right(easterly) of and 16.5 feet to the left (westerly) of the following described
centerline:
BEGINNING at said Point D;
Water Easement
Page 5 of 7
THENCE N 16°21'11' E, 39.68 feet to the westerly line of said Lot 2 AND the
terminus of this centerline description; .
Note:The sidelines of said strip are to be shortened or lengthened as necessary to
terminate on said westerly line of Lot 2;
ALSO TOGETHER WITH that portion of said lots contained within a 15 foot wide strip, lying
7.5 feet on each side of the following described centerline:
BEGINNING:at said Point E;
THENCE S 8913'01° E, 29.50 feet to the terminus of this centerline description.
See attached Exhibit B.
Written by: CAF.
Checked by: DLR.
tlesm8lengAesm-jobs11 6 7 510 01 101 0IdocumentUegal-water easement on lots 2-.doc
I r////,(-'/" / \„\\\\\\\'V\,i
4,,,,,
,.. , .,.„:„,,:_t_.., .., ,,,
. ,,..,. . :,.:..,. .: ,,
4,„..,.,,, . ... , .:. . ... ... ,
.......44
/ /IN\\\1\\\\\\\\\/////////////.(I\
el-10--201Z
Water Easement
Page 6 of 7