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HomeMy WebLinkAbout20030908001386 UTILITY EASEMENT 090803Auburn 56, LLC c/o Jcffrcy E. Hamilton 7947 1 ; Place. N.E. Suite 100 Redmond, WA 98052 )13 P6' Document Title Assignment of Easement Reference Number(s) of Related Documents 20010516001169 Grantor / Assignor Auburn 56, LLC, a Washington limited liability company Grantee / Assignee City of Auburn, a Washington municipal corporation Legal Description Sec. 9, Township 21 N., Range 5 E., W.M., King County Additional Legal Description is on Exhibit A, page four hereof Assessor's Property Tax Parcel Account Number(s) 092105-0986; 0 92105-9008 ASSIGNMENT OF EASEMENT THIS ASSIGffNT OF EASEMENT (this "Assignment") is made and entered into and is effective this ay of September, 2003 between Auburn 56, LLC, ("Assignor') as successor in interest to the interests of Ronald F. and Susan A. Severson and the City of Auburn, a Washington municipal corporation ("Assignee"). RECI'T'ALS A. On or about May 9, 2001, Assignor entered into that certain Temporary Construction & Permanent Utility Easement Agreement (the "Easement') with Donald Johnson, which has been recorded under Icing County Auditors file Number 20010516001169. B. Assignor wishes to assign to Assignee and Assignee wishes to accept assignment of Assignor's right, title and interest in and to the Easement. ZTAX NOT REQUIRE ,~3 ~3 ~ 3q AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties; the parties agree as follows: 1. Assignment and Consideration. Assignor hereby assigns to Assignee, subject to the terms of this Assignment, all of Assignor's right, title and interest in and to the REPSA, in consideration of Assignee' agreement to perform in accordance with its terms. 2. Representations of Assignor. Assignor hereby represents and warrants to the best of Assignor's knowledge that there have been no modifications or revisions to the Easement not reflected in the recorded Easement. 3. Assignee to Release and Hold Assignor Harmless. Assignee shall release and hold Assignor, its officers, directors and agents harmless from all claims or liability whatsoever arising from or related to Assignee's conduct with respect to the Easement. 4. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements between them respecting the subject matter hereof. There are no other representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto or any of them, relating to the subject matter of this Agreement. No amendment of or supplement to this Agreement shall be valid or effective unless made in writing and executed by the parties hereto. 5. Bindin . This Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. ASSIGNOR: Auburn 56, LLC, a Washington limited liability By: ilton, Chief Financial Officer 2 ASSIGNEE: STATE OF WASHINGTON COUNTY OF KING ss: The City of Auburn, a Washington municipal corporation By:~ . Name: D_ enK - s Se Ile Its: CA ~ Ev, /l grA . PW THIS IS TO CERTIFY that on this r day of September, 2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jeffrey E. Hamilton, the Chief Financial Officer of AUBURN 56, LLC, a Washington limited liability company, to me known to be the individual described in and who executed the within instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the date and year first above written. SUZANNE BARNES STATE OF WASHINGTON NOTARY-•-- PUBLIC MY COMMISSION EXPIRES 2-16-06 Print Nat& f e NOTARY PUBLIC in and for the State of Washington, residing at: ge a&&e G My Commission expires: Q. 16.6 S0.d luloi STATE OF WASHINGTON) )ss. County of King ) 1 certify that I know or have satisfactory evidence that Dennis Selle, to me known as the City Engineer representing the City of Auburn's Department of Public Works, who acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for th uses and purposes mentioned in this instrument. Dated o = 1.. 8q0 : o NOTAFR; m • U PUBLIC 4 E. 14 Njq ; ~.7 _ off : ? otary Public in and for the State hin on t -•'v'~~esiding at `~ss.n y ,o w,c + • 6 CF-WAS~ My appointment expires 4 CITY OFD' WASHINGTON To: Dani Daskam, City Clerk From: Barbara Irby, Development Clerk (X3143) Date: September 11, 2003 Re: Documents to be Filed Interoffice Memorandum Engineering Division C~SFP C7IyC OA- OFF~c~ Our Developer on this project recorded the attached Assignment of Easement. This copy is for your files. Kingsley Meadows (FAC03-0013) Assignment of Easement Thank you. Ref: WDevelopmenfforms\L_egal Docs\Correspondence\Docs to Recording AUBURN* MORE THAN YOU IMAGINED