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HomeMy WebLinkAboutLakeland Homeowners Assn rACIF1C NflRTHWEST TITLE 09~23g2m~972 ~3 ;16 ; 2B Ph~ 5 $66 , 00 . PIERCE COUNTY, WRSHINGTON • _ _ _ _ _ _ _ Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 TRA►FFIC SIGNAL EASEMENT ~ FAC06-0045 (North Corner) , PAriFIC RT4iV1F0T Tl~LE Reference # (if applicable): N/A , Grantor/Borrowez: Lakeland Homeowners Association ~ ~ Grantee/AssigneeBeneficiary: City of Auburn Legal Descriptian/STR: N W'/< NE S6 - T20N - RSE Assessor's Tax Parcel ID#: 322105-9415; 322105-9017; 322105-9039 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable cansideration, receipt of which is hereby aclcnowledged, and for benefits to be derived by the Grantor herein, Grantor, LAKELAND H4MEOWNERS ASSOCIATI4N, a Washington non-profit corporaxion, 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 Axea") for the purpose of laying, maintaining, installing and operating a TraFfic Signal AND APPURTEN,ANCES THEREOF, said Easement Area being a portion of the above-designated Ta7c Parcel {"Parent Paxcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shali have the absolute right, at tinnes as may be necessary, fox immediate enfiry upon said Easement Area for the purpose of operation, m.aintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legai ~ obligation ar liability therefare. Said Grantee sha11 have the absolute right to place any type o£ driving surface within i said Easement Area deemed necessary by the Grantee. I •1- ! F:UVIBS\Lakeland HOA1Kersey EasementslTraffic Signai - N Corner.doc 7122/2008 (bg 263 074 _ T~(~, i 1~E T;~t` ~.:`.c~ . a T oai ~ Y-+us c,r- ;Uu'li;y gY !,ltii7 ~ 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, rackery, fence, trees, significant landscaping or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said Easerrxent Area, without the express written consent of the City. No excavation shall be made within three (3) feet of said traffic signal facilities and the surface level of the ground within the Easement Area shall be rnaintained at the elevation as currently existing. Said Grantar 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 Pazent 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 retuxn 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 additionaily grants to the City, the use of such additional area immediately adjacent to said Easement Area as shall be zequired for the construction, reconstruction, maintenance and operation of said traffic signal facilities. The use af such additional area sha11 be held to a reasonable minimum and in the case of any damage or disruption of the Parent Farcel, 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 xestrictions hexein, Crrantor shall not canvey 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. TN WITNESS WHEREOF, said co ration has caused this instrument to be executed by its propec officer(s) this ~t~i~'"'day of ~ ~'40W- v?d .07 LAKELAND HOMEO ERS ASSOCIATION, a Washi ton non-profit orporation Y. j I ~ ° [Pr' t ame] et rrt -,e J o Set k'1 Y~ Its -z- I F:1MBSiLakeland HOAUCersey Easements\Traific Signai - N Corner.doc 7l2212008 (bg) #26532.074 ~ STATE OF WASHINGTON ) COUNTY OF KING ) I certify I know or have satisfactory evidence that ~Z~1•~1~csS C> is/are the person(s) wha appeared befare 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 of LAKELAND HOMEOWNERS ASSOCIATION, a Washington nan-profit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ~ \ , r [Print Name] NOTARY PUBLIC in and for the State of Washington, residing at My cornmission expires: C~ROLYN E. WOOD NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES OCTOBER 15. 2011 -3- F:WIBS1LakelaM3 HOA1Kersey EasementslTrafflc Signat - N Comer.doc 7/2212008 (bg) #26532.074 EMIO1T °`A°.' LEGAL qESCRIRI`IC)N 'fR/1FFIC`;S.IGNAL EASEMENT (APIy 700 101=023rQ) A parcel ;of la..nd lyin~ vuttl1in the Nor.f~iwest quar.fer ofi the: Noctheast quarter of Section 6;: Township 1O.:Nortfi, Range 5 East, WiIlamette NieridiaPierce Goutiiy, .1NashingYon, beEng that portlon of 1`raCt A , of pla# of lakelantl Division II; Phase. I, recorded untler Rec.orcling No. 9804025,006, Rierce County, V1leshington, lying witl~in the fo(lowing circt9: CbMMENCING at the infersecti, ori of Lakeland Hi11s V1lay S E ahd Evergreen Way S'Z, THENCE `Nor"th.06° 5' "I EEast~ a drstanee of 62:2'~ fe'etIo.the raclius point of a 7:OQ-fiooi diarrieter circlQ. _ The Ba&is:4 of E3eairings pf thW descCiptibri is tiie 8earirng af Evergreen Way S.E, from the infarsection wlth Lakeland!. NIIIs Waji 5:E:; taken as South 46' 24" We'st. 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