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Home My WebLink About20100902000250 SANITARY SEWER EASEMENT 090210 Return Address: City of Auburn City Clerk 25 West Auburn, WA 98001 20100902000250 PACIFIC NW TIT EAS 66.00 PAGE-001 OF 005 09/02/2010 11:18 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER EASEMENT I AGll I fix."' `."."' + }K T1[L1E. FAC06-0029 41/40(C 3 Reference#(if applicable): N/A Grantor/Borrower: Colby R.E.,LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: W %23-21-04 t.70.7 Assessor's Tax Parcel 1D#: 375160-0283 t o o� 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, Colby R.E., 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 8-inch Sanitary Sewer Line 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. Said doc:',' eats ) t.eu Ei;s,Od fo, Title Sewer Easement Tract B a'% no been Page I of 5 exr.;mincd as pr ,ps; axn€';ttlnr. as to its effect ur.er. i e EXCISE TAX NOT REQUIRED Co. Records Division • 441 dsputy 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 storm sewer 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 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 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. Sewer Easement Tract B Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this /6P:2-4' day of 1i & , 2010. elP ' 141/4#,AN �y Authorized Signature S 1 kis,. ' 400 ‘G t £Volyih.09i.1 e Authorized Signature h� WAS�'� STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Royet r 0‘sol.cll and 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 ao.A.A oTA- 4 St ncr of Colby Q-.E.) t-L_C a limited liability ompany, to be the free and Voluntary act of such party for the uses and purposes mentioned in the instrument. Dated oL -l$- to e.y..v. ,.\ . CcusS Notary Public in and for the State of Washington Residing at sOTHE.t-L My appointment expires Cy - 09- v-t MAB/tib File: 4I076A REF:H:ADevelopment\Projects\Jovita Heights\FAC06-0029 Jovita Iieights\Legal Documents12010 Sewer Easement Tract B Page 3of5 EXHIBIT"A" THAT PORTION OF LOT 1,BLOCK 13,JOVITA HEIGHTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS AT PAGE 12,RECORDS OF KING COUNTY,WASHINGTON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SOUTH 338TH STREET WITH THE CENTERLINE OF 561H AVENUE SOUTH IN SAID PLAT;THENCE SOUTH 01°18'11"WEST ALONG THE CENTERLINE OF 56TH AVENUE SOUTH A DISTANCE OF 266.05 FEET;THENCE SOUTH 88°41'49"EAST A DISTANCE OF 143.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 01°18'11"WEST A DISTANCE OF 84.76 FEET;THENCE SOUTH 88°41'49" EAST A DISTANCE OF 20.00 FEET;THENCE NORTH 01°18'11"EAST A DISTANCE OF 104.86 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE FROM WHICH THE RADIUS POINT BEARS NORTH 52°54'06"WEST A DISTANCE OF 90.00 FEET;THENCE SOUTH WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°07'35"A DISTANCE OF 28.47 FEET TO THE POINT OF BEGINNING. rir"- A It!"'''-' \ L '''' i r e'Z0• , Sewer Easement Tract B Page 4 of 5 A EXHIBIT "B" S 338TH I 17 36 cO — 0 1 18 J 37 N iI- _ o w c' Iin _ — O • o � ° 38 19 O " > O rn Y "' Co I co o 20 m R=90.00' Q L=28.47' i 0=18'07'35" 4/ 'I) 49 srO <r S 339TH ST. T.P.O.B. 21 o j'' S88'41'49”E 143.00' J (---- I Lo 3I_ � w 1_ a0 ,_ 0 1 40 cor F l 000 22 _' r o O r Z(f) / ~S880.041'4�0 "E 2 / 41 23 / / I I i 0 _EL U U 3J L 1 7") TACOMA SEATTLE JOB NO. 209307.50 2215 North 30th Street,Suite 300,Tacoma,WA 98403 253.383.2422 TEL April 1, 2010 1200 Sixth Avenue,Suite 1620,Seattle,WA 98101 206.267.2425 TEL SEWER EASEMENT 1"=60' =60' THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION LEGAL BY: BD EXHIBIT BY: TAD OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE w:\sdskproj\2009\209307\dwg\sewer exhibit tb.dwg LEGAL DESCRIPTION SHALL PREVAIL. Page 5 of 5