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Home My WebLink About20020102001328 STORM EASEMENT 010202M~ Return Address: City of Auburn 328 20e2@10 e0 00 City Clerk 25 West Main 14. pgCIFIC NW TIT EA5 ppGE 001 OF 09 i2 T Auburn, Wa. 98001-4998 UA Y K1140 OUM Cn . Above this line reserved for recordins information. EASEMENT Reference # (if applicable): N/A Additional on page: Grantor/Borrower: Calhoun Investment Co. 2) Additional on page: Grantee/Assignee/Beneficiary: e. I r y a F /aft &&) Legal Description/STR: SW NW, 12-21-04, records of King County, Washington cp /I Assessor's Tax Parcel ID#: 1221049036 >G E L t=`an QV 0KRAf T (clgz2. For and in consideration of the sum of ten dollars ($10.00) and other good and valuable c consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Calhoun Investment Co., 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 for the purpose of constructing, maintaining, and installing facilities for a r , Habitat Preservation and Storm Improvement area AND APPURTENANCES THEREOF, said o real property being described as follows: SEE EXHIBIT "A", 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 have the absolute right, at times as may be necessary, for immediate entry upon said Easement 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 right to access the above described easement from the parking area lying south of the above easement during the construction phase of the above project subject to the rights of the grantor and the lessee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement by said Grantee for the above-described purposes. Said Grantor may Easement (Corporate) Page 1 of 2 fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above- described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this _,Z3 day of Q Z L , 2001 Authorized Si ture Calhoun. Investment Co. onze ignature , u-15f h' STATE OF WASHINGTON) )ss. County of King ) cx:~ I certify that I know or have satisfactory evidence that Willis M. Calhoun and Carolyn M. C ; Calhoun, dba as Calhoun Investment Co.,a sole proprietorship, are the persons who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated 14 23 -Ol C*W4 SIZe, Notary Public i an a State of Washington residing at Ss,►~4.n....~ t . )My appointment expires 3 -3- o ►t kNS NO'W► JUBLIC STATE OF WASHINGTON COMMIsgi-..:. Samples/easement Easement (Corporate) Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION WEST HILL DRAIN EASEMENT NEAR WEST VALLEY HIGHWAY AND 20TH STREET NW THE NORTH 20.00 FEET OF LOT NUMBER 1 OF CITY OF AUBURN SHORT PLAT NUMBER 2-86 AS RECORDED UNDER KING COUNTY AUDITORS FILE NUMBER 8606050396. SITUATE IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST. W. M. CIP7 Cam? CNN r ell-i Consent of Beneficiary to Easement The undersigned, HomeStreet Bank, a Washington state chartered savings bank, is the Beneficiary under that certain Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing, dated November 30, 2000 (the "Deed of Trust"), executed by WILLIS M. CALHOUN and CAROLYN M. CALHOUN, husband and wife, doing business as Calhoun Investment Company, a sole proprietorship, as Trustor ("Trustor"), in favor of Beneficiary, encumbering the property legally described on Exhibit A hereto (the "Property"). The Deed of Trust was recorded in the official records of King County, Washington, on November 30, 2000, under recording No. 20001130001050. Beneficiary hereby consents to that certain easement over the north 20 feet of the Property, which easement is attached hereto and dated April 23, 2001, from Trustor to the City of Auburn for the purpose of constructing, maintaining and installing facilities for a Habitat Preservation and Storm Improvement Area (the "Easement'); provided, however, that no portion of the Easement, or any amendment thereof, shall operate to defeat or render invalid, in whole or in part, the rights of Beneficiary under the Deed of Trust. The Consent herein is effective upon its recording as an attachment to the Easement. ' C~ IN WITNESS WHEREOF, Beneficiary has caused this Consent to be executed this 1~ j r r~ day of October, 2001. BENEFICIARY: C11-1 STREET BANK, a Washington o state chartered savings bapk cv c~ By: Vice President Composite Solutions page 1 Loan No. 198667 Consent to Easement STATE OF WASHINGTON ) ss. COUNTY OF KING ) If- On this day of October, 2001, before me a Notary Public in and for the State of Washington, duly commissioned and swam, personally appeared Tim Patrick, known to me to be the Vice President of HomeStreet Bank, a Washington state chartered savings bank, the bank named in and which executed the foregoing instrument, and stated on oath that he is authorized to execute the foregoing instrument on behalf of said bank and signed the same as the free and voluntary act and deed of said bank for the use and purposes therein mentioned. Signature: r`-- E r Print Name. oti/- P Notary Public in and for the a e of Washington, residing at ~ _ My Commission expires: -v --P a P -ice S I rxa. /OF a C1.4 G G7 C" j Composite Solutions page 2 Loan No. 198667 Consent to Easement Exhibit A to Consent of Beneficiary Address and Legal Description of Property ADDRESS: 1820 West Valley Highway Auburn, WA 98001 LEGAL DESCRIPTION: LOT 1, CITY OF AUBURN SHORT PLAT NUMBER SP 2-86, RECORDED UNDER RECORDING NUMBER 8606050396, IN KING COUNTY WASHINGTON Ct] C-.4 CV7 F~ cm C"V CINI C C.~ Composite Solutions Loan No. 198667 Consent to Easement page 3