HomeMy WebLinkAboutLakeland 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
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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
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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
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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
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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
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