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Home My WebLink About200310132010 SEWER EASEMENT 101303I--- Return Address: City of Auburn 310292010 123.00 PIERCE COUNiv.4WY9NCity Clerk 25 West Main Auburn, WA 98001 13 11e Above this line reserved for recording information. SANITARY SEWER EASEMENT Z3 PN 1nTC FAC03-0029 Pw -92-iz Reference # (if applicable): N/A Grantor/Borrower: Evergreen Tucci partners, L.L.C. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW '/4, 05-20N-05E Cwt d r tl i (c Assessor's Tax Parcel ID#: 052007-4007 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, Evergreen Tucci Partners, L.L.C., 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 Sanitary Sewer Main AND APPURTENANCES THEREOF, said real property being described as follow SEE EXHIBITS "A" AND "B" ATTACHED F AC birt' u}e rV O J Usf. V8 has w u0 REFERENCE MADE A PART HEREOF., examined as to PFOPSF exemvon or as to its affect upon Vile. 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. Sanitary Sewer Easement Page] of 5 E=SE TAX EXEMPT DATE 10-13-00.3 Pierce County By Auth. Sag r 2 -1 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 -_Jblk day of SeatevhbPr , 2003. EYERr,ReENTucct P TNERS L.L.C. 6y' Zhves~'to hcnc~Sal !_~0rP0r4+, 01A Auth rized Signature Authorized Signature ww/bi File: #959 REF. H:Development\Forms\Legal Documents\2003 Sanitary Sewer Easement Page 2 of 5 A STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that XKk tE5'rC-6 _FINANC.VIL C0RIP0fZAT1 O 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 MAtjAGFR of the &c-araap- e -Lic-c i 1'ra>- m ERs I- 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 9 - 4 -0 3 N iNllh a `~l PU8L/( : 7 A Notary Public in and for the State of Washington n: o . Sta~. residing at tvu~~ L,c~K E r oMy appointment expires h 1-2-9 -6 3 W' Shit,el 0 9toll h\: xA/res Noy Sanitary Sewer Easement Page 3 of 5 . EXHIBIT A SANITARY SEWER EASEMENT LEGAL DESCRIPTION A 15 FOOT EASEMENT FOR SANITARY SEWER OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 3 OF CITY OF AUBURN SHORT PLAT RECORDED UNDER AUDITOR'S FEE NUMBER 200107300662, RECORDS OF PIERCE COUNTY AUDITOR; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 55°21'20" WEST A DISTANCE OF 765.00 FEET,' SA*:16 R4DIAL BEARING HAVING THE SAME BASIS OF BEARING AS SAID SHORT PLATS WITH A CENTRAL ANGLE OF. 02°33'41 A DISTANCE OF 34.20 FEET TO TH~ ,PINT OF BEGINNING OF A 15 FOOT SANITARY SEWER EASEMENT 7.50 FEET OACH SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE NORTH 59001' 12" BEAST A DISTANCE OF 47.45 FEET; THENCE SOUTH 30°58'48" EAST A DISTA1 CE OF 159.56 FEET; THENCE NORTH 59°O1' 12" EAST A DISTANCE OF 290.04 FEET AND THE END OF SAID SANITARY SEWER EASEMENT: ALL SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR EXTENDED AT ALL ANGLE POINTS IN ORDER TO INTERSECT EACH OTHER, SIDELINES SHALL ALSO BE EXTENDED TO MEET THE WESTERLY MOST LINE OF SAID LOT 3 OF SAID SHORT PLAT. Sanitary Sewer Easement Page 4 of 5 Engineering 21601 South 35th, Suite 200 Tacoma, Washington 98409-7479 (253) 473-4494 FAX: (253) 473-0599 EXHIBIT B POINT OF N 59 01 12 E 47.45 COMMENCMENT POINT OF R 15.00' BEGINNING (TYP.) -7.50'(TYP.) S \o~\\ a59/// APEX JOB NO. 27421-1 i a, py~ \ '/SQpt ,(OQQ RADIUS = 765.00' LENGTH = 3 \ CENTRAL ANGLE GLE = 023341° ~s 1 1 Page 5 of 5 I 1 i I I I I I I i LOT 3 CITY OF AUBURN SHORT PLAT RECORDED UNDER AUDITOR'S FEE NUMBER 200107300662 RECORDS OF PIERCE COUNTY AUDITOR