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Home My WebLink AboutLakeland East LLC 200812050709 5 PGS P I ERCE2COUNTY ~~~JRSR I NG~O Return Address N City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. SANITARY SEWER EASEMENT FAC06-0039 Reference # (if applicable): N/A GrantorBorrower: Lakeland East LLC Grantee/AssigneeBeneficiary: City of Auburn Legal Description/STR: W 1/2 of SS - T20N - RSE Assessor's Tax Parcel ID#: 052005-2036 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 East LLC hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation Pierce 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 sanitary sewer lines 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 sha11 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. Easement Page 1 of 5 EXCISE TAX EXENfPT DATE ILI J_( Pierce County --LU ~L'~' Auth. Sig Said Grantor sha11 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 sha11 be erected or planted, nor sha11 any fill material be placed within the boundazies 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 sha11 be of sufficient length and location to a11ow 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 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 Pazcel, 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 sha11 be binding on the successors, heirs and assigns of all parties hereto. Easement Page 2 of 5 . i: IN WTTNESS WHEREOF, saict corporation has catiseci this instruiiictit to be executcd by its propcr afficer(s) this clay of _,Q.EC.17, A iEa2.2008• i,akeiand Gast L.L.C., a Washington licnited liability company By: Investco Financial Corpora 'on - its; Maaager By: • Martin D. Waiss, President i S'I'ATE OF WASHINGTON) ~ SS COUNTY OF KING ) I certify I have knaw or have satisEactox•y evidcncc that _ Mk[Z-T lN D. UA1fk 1SS and is/ace the person(s) who appeared before nne, and said person(s) acknowledged that hc/she/they signed this instrwnent on oath stated that he/she/thcy was/were authorized to execute rh- inm-rurnent and acknowled e as tl~e rriff ? ~~1_~ Fntr ot'T M ~F r,(~ FI.Na~LSI..~Ie a liinited liability company, ta be the free and voluntaiy act of scich party for the uses and LAg6~ aIST purposes mentioned in the instrument. Dated DO P~. ~,;ss10h F~,•. = A-T TF 12~ ~ ~•1Q7q~~,'0~;~ ~ Notfu•y Publie in and kor the State of Washingeon Residitig at 2'70 t Cd l i-fQmi A-U-e- SUJ C.Paft,~4- LlC My appointx~ient expi~•es -A-1, 24~ O~ Ntna/clb Fi le: # 1128 TiEF. H:1Davelopmunt\Projectsl LLFt .GtistlC<AC06-0039 l.akeland Enst UiillLegal L)ocunients\Tr1ct F Sewcr Easeinenl Easement Aagc 3 of 5 EXHIBTT A SANITARY SEWER EASEMENT (Lakeland East Tract F) A PARCEL OF LAND LYING WITHIN T'HE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF TBE WILLAMET'TE MERIDAIN, CITY OF AUBURN, PIERCE COUNTY, WASHINGTON BEING MORE PARTICULARLY DESCRIBED AS FOLLOVI7S: BEGINNING AT THE SOUTHEAST CORNER OF LOT 62, PLAT OF LAKELAND DNISION III, PHASE I AS RECORDED UNDER PIERCE COUNTY AUDITOR'S FILE NUMBER 9808055001; TfENCE SOUTH 89°32'04" WEST ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 246.67 FEET; THENCE SOUTH 33°29'36" EAST, 25.36 FEET TO TBE POINT OF BEGIlVNING; THENCE SOUTH 33°29'36" EAST, 133.42 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADNS OF 205.00 FEET, TO WHICH POINT A RADIAL BEARS NORTH 33029'36" WEST; THENCE SOUTHWESTERLY AND COUN'TERCLOCKWISE ALONG TBE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5035'55", A DISTANCE OF 20.03 FEET; THENCE NORTH 33°29'36" WEST, 134.40 FEET; THENCE NORTH 56°30'24" EAST, 20.00 FEET TO THE POINT OF BEGINNING. STTUATE IN TBE COUNTY OF PIERCE, STATE OF WASHINGTON. F S ~L9 MELVTN F. GARLAND, P.L.S. WASHINGTON STATB REGISTRATION NO. 18902 o z APEX ENGINEERING, PLLC 2601 SOUTH 35TH ST. SUITE 200 ~ 18902 TACOMA, WASHINGTON 98409 I TELEPHONE: (253)473-4494 sIONqLS`AND SJ gp~{; (253) 473-0599 I:\I,akeland-East\28377\Docs-Reporlsll.egalVStamped\28377 Tract F SS Esmt-120208.doc Easement Page 4 of 5 ~ • . EXHIBIT B A PORTION OF S. W. 1/4 AND THE S. E. 1/4 OF THL N. W. 1/4 AND THE N. W. 1/4 AND THE N.E. 1/4 OF THE S.W. 1/4 OF SECTION 5, TO'WNSHW 20 NORTH, RANGB 5 EA3T OF THE Wud,AYETfE 1[ERIDIAN, C1TY OF AUHUAN, PIERCE COUNTY. WASHIIdGTON. I I LAKELAND DIVISION III. PHASE I I I l A.F.N. 9808055001 LOT 56 i LOT 57 i LOT 58 i LOT 59 '1 LOT 60 i` LOT 61 i LOT 62 S89 32'04"W 246.67' ' SOUTNEASTERLY CORNER ~ ~ DIVISION IIi,~P ASE I 70 TRACT F ~ SS ESM T. ~~°,~pp 73 72 p R=205.00' L=20.03' ' a-535'55.:, ~ i i i GRAPHIC SCALE 50 0 2_~ 1 inch = 50 ft . ~z2o LAKELAND EAST TRACT F r ~ SAMTARY SETNER EASEMENT ° T4 . a 8 j e APEX JOH N0: 28377 DATE: 12/02/2008 A/PE- DRAWN gineering~ oa BY: JRE ' CHECIQ~D BY: MFG 2501 South 35th. SuRe 200 lAN' ?aeoma Wc•nNqton ee4s-7479 DWG. N0: 28377FP.dwg SCALE: 1"=50' (s53) M-4494 FAX(253)+73-aM Easement Page 5 of 5