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HomeMy WebLinkAbout20060110002488 WALL EASEMENT 011006Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20060110002488 PACIFIC NW TIT EAS 36.00 PAGES001 OF 005 01/10/2006 15:42 KING COUNTY, WA Above this line reserved for recording information. EASEMENT 136 Reference # (if applicable): N/A Grantor/Borrower: Pacific Resources Associates LLC Grantee/Assignee/Beneficiary: City of Auburn Legal DescriptioniSTR: Section 18, Township 21, Range 05 Assessor's Tax Parcel ID#: 7331400401 For and in consideration of the sum of TEN DOLLARS (S 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, Pacific Resources Associates LLC, a Delaware limited liability company, hereby conveys to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement tinder, over, through and across the following described real property for the purpose of constructing and maintaining a WALL not to exceed four feet above sidewalk grade in height with footing and drainage system, 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 construct the wall with an opening of at least 40 feet in width for a driveway and shall install bollards around the driveway opening in the wall to protect the wall from damage by vehicles using the driveway. Grantee shall have the right to enter upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements. Grantee shall maintain the wall, footing, and drainage system in compliance with all applicable laws and regulations and shall ensure that they are structurally sound, functional, and aesthetically pleasing. i Grantor shall not modify the wall in any way; provided, should Grantor change the surface level of the ground within the easement area, Grantor shall, at its own cost, make necessary modifications to the wall, if any, in compliance with all applicable laws and regulations so that the wall may be maintained at a height and type appropriate to the new grades. Grantor hereby agrees to indemnify and hold harmless the Grantee against and from any and all liability for losses, damages, claims, and expenses to the extent arising out of or related to such modifications. Grantor may install and maintain landscaping and irrigation behind the wall. The Grantor shall be responsible for maintenance of all landscaping or irrigation placed within the boundaries of said easement area. Grantee hereby agrees to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages, claims, and expenses arising out of or related to the rights herein granted to Grantee and/or its contractors, employees, agents, or assigns. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 2nd day of No.ie-m ber, 2005. Pacific Resources Associates LLC, a Delaware limited liability company By: Name: Kirsten Day Its: Vice President and, ved. r DEC 5 2005 Peter B. Lewis, Mayor Date File. -lC1006.11.4.13 J, STATE OF OREGON ) )ss. COUNTY OF tdaskC "b On this may of v~cu.(~iv' , 2005, before me personally appeared KIRSTEN DAY, to me known to be Vice President of Pacific Resources Associates, Inc., the Delaware limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. TRACY A. HAVrMRNE NOTARY PUSUCOREGON COMMISSION NO. A362602 MY GOMMISSION EXPIRES SEPT. 4, 2008 STATE OF WASHINGTON ) )ss. COUNTY OF Signature: y1- Name (Print): j lam, j A. ~c,~Tf 1.e ~lit5p NOTARY PUBLIC in and for the State of Oregon, residing at (37105siw-u..l-- My appointment expires: 4? -q -2) On this "5e day of-2~k-ce-e , 2005, before me personally appeared PETER B. LEWIS, to me known to be Mayor of the City of Auburn, the municipality that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first N ..E;; s4~~gg1 Oh 4 o r►. s to i~'~~'•.~G.2S 01 .bVASN. . gnature: /D&-~~ Mme (Print): n&ic-&( 6 A t! _t° lc G4 AL-~ jTARY PUBLIC in and for the State of ashington, residing at 6-4,iq weleta" ) y appointment expires: /a LS" O'7 J► EXHIBIT A Page 1 of 1 PROPOSED EASEMENT Portions of River View Addition to Auburn, according to the plat thereof recorded in Volume 9 of Plats, page 90, In King County, Washington, said portion described as follows: Commencing at a point of intersection with the east margin of "A" Street SE and the northerly margin of Cross Street SE; Thence South 72016'40" East along the northerly margin of said Cross Street SE 63.43 feet to the true point of beginning; Thence continuing South 72016'40" East along said northerly margin 106.S7 feet; Thence leaving said margin North 17043'20" East a distance of 3.00 feet; Thence North 72016'40" West parallel with and 3.00 feet northerly of said margin a distance of 106.57 feet; Thence South 17043'20" West a distance of 3.00 feet to the true point of beginning. Together with: Commencing at a point of intersection with the east margin of "A" Street SE and the northerly margin of Cross Street SE; Thence South 72016'40" East along the northerly margin of said Cross Street SE 210.00 feet to the true point of beginning; Thence continuing South 72016'40" East along said northerly margin 32.33 feet to the Intersection with the south line of Lot 23 of said River View Addition; Thence leaving said northerly margin North B9012'19" East along the south line of said Lot 23 a distance of 9.45 feet; Thence leaving said south line North 72016'40" West parallel with and 3.00 feet northerly of said margin a distance of 41.29 feet; Thence South 17043'20" West a distance of 3.00 feet to the true point of beginning. Easement area includes 430 square feet (0.0099 acres), more or less. [The basis of bearings for this acquisition description is NAD 83-91, based on coordinates supplied by INCA Engineers for geodetic control performed In 1995.). 001esmt040730 w ~rw~t .'.'tG10 N89'12'i9"E 92.61' Li L2 S8912'19"W 119.89' o ~ 3 o L3 5 3 L4 z .W S8912'19'W ABRAHAM'S PARK ADDITI N TO AUBURN o d ?30.07' 20 4 V LUME 27, P CE 26 t o a L m v+ vN 0~ lzi cr 5 2 N 5 3 o m zz 21 W m < T 3: Ln N P01 6 U 6 ' " o > 31.67 P vM S8 9'12'19'W I n S ° RIVER VIEW ADDITION TO AUBURN z 0 o to S• ~ VOLUME 9, PAGE 90 42 ° Y~ iC~ v Lt S01'03'08"W 20.01' L2 S89'11'00'W 27.02' L3 SO1'03'08"W 20.00' L4 N89'12'19"E 20.01' L5 NOS•03'08'E 20.00' 0 60 120 180 I GRAPHIC SCALE Owner: Pacific Resources LLC Title Report No: 440226 Tax Parcel No: 733140-0401-02 Total Parcel Area = 91.981 SQ. FT. Remainder Area = 91,981 SQ. FT. Easement Area = 430 SQ. FT. 4 517'43'20"W 3'Qfl 634 3- ASEMENT . >17s• 0" AREA " PROPOSED R-O-W E W fob 5j, N13 403020 //yyam~ T pS727640 f 06 S +v;~ 23 ? . ; q zy EASEMEN 4 * + T 0 41 ?1000' 2'9' ~ ' 3X33 183.41 ' ' " ' ` N89 12 19 E 192.85 T p N89'12'19'E ' 9.45 AHBL, INC. 204001.3 \Wall-esmt.dwg Reviewed by Date: Approved by. Date: crryor - !f~* Exhibit B P oject in Gi gineer r 174 _ P~ O@Q URA ~b~4=M f3u^ Page 1 As t it Weer I7G WASHINGTON E;iJ~l'`7Alll)(iIC Uaq of 1