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HomeMy WebLinkAbout200407080696 SEWER EASEMENT 070804Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 111N1~1111118~dVII111WIWIIIIIIIIYI~ 200407080696 s Pis ,07-08-2004 PIERCE COUNTY 'wa5H~~:8N 3. SANITARY SEWER EASEMENT - - - FAC04-0005 1,12 ? pN w^lReference # (if applicable): N/A Grantor/Borrower: Lakeland SFDC II $ 1 Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW '/4; 06-20-05E Assessor's Tax Parcel ID#: 052006-5004 Above this line reserved for recording information. 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, Lakeland SFDC II, 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 for the purpose of laying, maintaining, and installing. 8-inch Sanitary Sewer AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement 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 deemed necessary by the Grantee. Easement Page t of 5 G°~boQ6o ~~~w~~ Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement 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 and/or along the boundaries of said Easement 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 real property within the above- described Easement. 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 or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. 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 or sewer 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 premises, the City shall return the property to a condition as 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 property that would impair or limit the City's use of the easement area. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 2-41" day of J LLni~, , 2004. Lakeland SFDC 11, L.L.C., a Washington limited liability company By: PNW HOMES NORTH, L.L.C., a Washington limited liability company Its: Manager By: PNW HOMES, L.L.C., a Washington limited liability company Its: Sole Member By: PNW ' ES UP; INC. a Washington Corporation Its: Sul M fiber if: Randall Forsyth Its: Authorized Agent W W/bi File: #985 REF. KDevelopment\Forms\Legal Documents\2004 Easement Page 2 of _ _ 3TAO MA3101 SAT ULAJ 10~ .iii STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Rff iaLLaU is/are the person(s) who appeared before me, and said person(s) acknowledged 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 of L a:,<e of ct SE r,1A , L C a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated-=2-0~ ExP'. ape Q7.••c~~'N •~,yfu^•'• peso c •.O g ~ P~ Notary Public in and for the State of Washington 0.3:•''gC3 Residing at STI TE OF J: •3 My appointment expires c ln-?al-c~~ Easement Page 3 of 5 EXHIBIT A Legal Description - Sanitary Sewer Easement A strip of Land, 15.00 feet in width, over that portion of Lot 3, City of Auburn Lot Line Adjustment No. LLA-03-0014, Recorded under Auditor's File No. 200310291143, Records of Pierce County, Washington, all in Section 6, Township 20 North, Range 5 East, W.M., said strip having 7.50 feet on each side of the following described centerline: Commencing at the southeast corner of said Lot 3; said corner being on the west right-of- way margin of Evergreen Way S.E.; thence N12°35'52"W, along said west margin and the east line of said Lot 3, a distance of 72.36 feet; thence S76°12'00"W 856.51 feet; thence N34°03'49"E 174.77 feet to a point of tangency with a 660.00 foot radius circular curve to the left; thence northerly, along said curve, through a central angle of 33°34'18", a distance of 386.72 feet to a point of tangency; thence N00°29'31"E 429.65 feet to a point of tangency with a 65.00 foot radius circular curve to right; thence northeasterly, along said curve, through a central angle of 36°56'14", a distance of 41.90 feet to a point of tangency; thence N37°25'44"E 125.26 feet to the POINT OF BEGINNING of the herein described centerline; thence S52°34'16"E 104.00 feet to Point "A"; thence S34°13'35"W 107.14 feet; thence S02°48'45"W 171.61 feet to Point "B"; thence S00°29'31 "W 342.37 feet; thence S16°07'55"W 203.12 feet to Point "C"; thence S23'1 8'36"W 100.19 feet; AND BEGINNING at Point "A"; thence N37°25'44"E 318.93 feet; thence N23°26'17"E 111.16 feet; thence N03059'1 9"E 108.13 feet; AND BEGINNING at Point "A"; thence S52°34'16"E 95.55 feet; thence S76°56'41"E 168.48 feet; AND BEGINNING at Point "B"; thence S72°53'05"E 229.06 feet; thence S50°33'53"E 64.18 feet; thence S12°35'02"E 49.78 feet to Point "E"; thence continuing S12°35'02"E 153.50 feet; AND BEGINNING at Point "C"; thence S72°12'21"E 53.80 feet; thence N76°12'00"E 236.21 feet to Point "D thence continuing N76°12'00"E 232.35 feet; AND BEGINNING at Point "D"; thence N12°35'52"W 283.46 feet; AND BEGINNING at Point "E"; thence N77°24'08"E 101.50 feet to the terminus of the herein described centerline; The sidelines of the herein described strip of land shall be lengthened or shortened, as required, to intersect at all interior angle points. Easement Page 4 of 5 N SCALE 1" )200' N52'34'16"W 2~ gM1' 95.55 R=65.00 &36-5614" PT "A"/ L=41.90 16g. N ,allll^ N34'13'35 °E ~I I^ 107.14 W gll~ PT "B" ,y m zl IV z wI NS O'33'53 W 10 6418" l~ PT •E' R=660.00 A=33'34'18" L=386.72 "C" EXHIBIT B ~ ` 'H 07-, W \--PT "D' n 7~ 2N ' y2 p0.80656.51, L E N76 2 SE CORNER LOT 3, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-03-0014, RECORDED UNDER AUDITOR'S FILE NO. d 200310291143, RECORDS OF PIERCE COUNTY, WASHINGTON 31 LAKELAND PAGE AREA 5, DIV. 2B VAM SANITARY SEWER EASEMENT EXHIBIT 10F1 :m con 14711 N.E. 79th Vlore Sole 101 Bcllawe, woshingron 91100 8007 '•O ~.9 ' • f B * ~ 425.8857877 F-425.885.7963 V DESIGN Dti'9L Ll ENGINEERING - PLANNING • SURVEYING EXPUM: LC JOB NO_ 03102 Easement Page 5 of 5