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;;
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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
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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.).
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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
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ASEMENT
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AHBL, INC.
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Reviewed by
Date:
Approved by.
Date:
crryor -
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Exhibit B
P oject in
Gi gineer
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