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HomeMy WebLinkAbout20041206002299 SEWER EASEMENT 120604Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20041206002299 VISTA HEIGHTS EAS 26.00 PAGE001 OF 008 12/06/2004 15:17 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER EASEMENT FAC04-0003 Reference # (if applicable): N/A Grantor/Borrower: Vista Heights, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 31-21-05E Assessor's Tax Parcel IN: 3 1 2 1 05-9006 & 9008 For and in consideration of the sum of TEN DOLLARS ($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, Vista Heights, LLC, 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 laying, maintaining, and installing sanitary sewer main AND APPURTENANCES THEREOF, 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 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 absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Sewer Easement Page I of 8 -'XCISE TAX NOT REQUIRED Khg Co. Records Division Deput„ 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. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area, without the express written consent of the City. With City permission, Grantor may 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. No excavation shall be made within three (3) feet of said water or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. Grantor additionally grants to the City, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said water or sewer facilities. The use of such additional area shall be held to a reasonable minimum and in the case of any damage or disruption of the premises, the City shall return the property to a condition as 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 restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the property that would impair or limit the City's use of the easement area.. 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 corpora n has caused this instrument to be executed by its proper officer(s) this e day of ~ 2004. GAO iz gnature Authorized Signature W W/tlb File: # 983 REF. H:Development\Forms\Legal Documents\2004 Sewer Easement Page 2 of 8 STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Q1k.t C7 wa-'MQiry-~' is/are the person(s) who appeared before 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 O-PiQ of a limited liability company, to be the free and volunt act of such party for the uses and purposes mentioned in the instrument. Dated /2 h6 /p y SUZANNE BARNES STATE OF WASHINGM NOTARY - PUBLIC VY CUMS310t1 EXPIRCS 2-16-06 n r c Notary ublic in and for the State of Washington Residing at go`_Ad-lb .l My appointment expires 2 -d C, Sewer Easement Page 3 o1' 8 \:I EXHIBIT A . VISTA HEIGHTS AT LAKELAND PUBLIC SANITARY SEWER EASEMENT LEGAL DESCRIPTION PUBLIC SANITARY SEWER EASEMENT TRACT A, VISTA HEIGHTS AT LAKELAND, A BINDING SITE PLAN, AS RECORDED IN VOLUME 201 OF CONDOMINIUMS, PAGES 26 THROUGH 31, UNDER RECORDING NO. 20041108001591, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN GOVERNMENT LOT 3 AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLMETTE MERIDIAN; TOGETHER WITH THAT PORTION OF PARCEL B, OF SAID VISTA HEIGHTS AT LAKELAND, A BINDING SITE PLAN, BEING TWO STRIPS OF LAND OF VARIABLE WIDTH, THE WIDTHS AND CENTERLINES DESCRIBED AS FOLLOWS; . . CENTERLINE NO. 1 A STRIP OF LAND BEING 30 FEET IN WIDTH TO A POINT AND 20 FEET IN WIDTH CONTINUING, HAVING 15 FEET AND 10 FEET ON EACH SIDE RESPECTIVELY OF THE FOLLOWING DESCRIBED CENTER LINE COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL B; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE THEREOF, AND A CURVE TO THE RIGHT, THE CENTER WHICH BEARS N 9°09'28" W, HAVING A 1056.00 FOOT RADIUS, THROUGH A CENTRAL ANGLE OF 5046'18", AN ARC LENGTH OF 106.37 FEET TO THE POINT OF BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE S 25°54'18" E 145.97 FEET ALONG THE FIRST SEGMENT HAVING 15.00 FEET ON EACH SIDE OF THE CENTER LINE; THENCE CONTINUING S 25°54'18" E 60.00 FEET ALONG THE SECOND SEGMENT HAVING 10.00 FEET ON EACH SIDE OF THE CENTERLINE, MORE OR LESS TO THE NORTHERLY LINE OF TRACT A OF SAID VISTA HEIGHTS AT LAKELAND, A BINDING SITE PLAN AND THE TERMINUS OF THIS DESCRIBED CENTERLINE; SHORTEN OR LENGTHEN SIDELINES TO MEET THE SOUTHERLY MARGIN OF LAKELAND HILLS BOULEVARD AND THE NORTHERLY MARGIN OF TRACT A. Sewer Easement Page 4 of 8 EXHIBIT A (CONT.) VISTA HEIGHTS AT LAKELAND PUBLIC SANITARY SEWER EASEMENT LEGAL DESCRIPTION CENTERLINE NO. 2 A STRIP OF LAND 15 FEET IN WIDTH, HAVING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE COMMENCING AT THE MONUMENT AT THE INTERSECTION OF LAKELAND HILLS BOULEVARD AND 47TH STREET SOUTHEAST; THENCE S 46021'19" W ON A RADIAL BEARING 30.00 FEET TO THE SOUTHWESTERLY MARGIN OF LAKELAND HILLS BOULEVARD; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A 210.00 FOOT RADIUS, THROUGH A CENTRAL ANGLE OF 4°54'41", AN ARC LENGTH OF 18.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE S 66°07'54" W 27.39 FEET, MORE OR LESS TO THE NORTHEASTERLY LINE OF SAID TRACT A AND THE TERMINUS OF THIS DESCRIBED CENTER LINE. SHORTEN OR LENGTHEN SIDELINES TO MEET THE SOUTHWESTERLY MARGIN OF LAKELAND HILLS BOULEVARD AND THE NORTHEASTERLY MARGIN OF TRACT A. ALL SITUATE IN THE CITY OF AUBURN, COUNTY OF KING AND STATE OF WASHINGTON CONCEPT ENGINEERING, INC. 455 Rainier Boulevard North Issaquah, Washington 98027 14251392-8055 fax: 14251392-0108 CONCEPT JOB NO. 23208 DATE: 11-18-04 t D L xitL a. 28101. ~Q L L A EXPIRES: 12 1/14/ Sewer Easement Page 5 of 8 v /rVPARCEL B CENTERLINE #1 PARCEL A TRACT'ACl t / PARCEL A j' 4- CENTERLINE #2 PARCEL B ! I F 2 VISTA HEIGHTS AT LAKELANDt; ( e t , p ✓ A BINDING SITE PLAN Y / REC. NO. 20C4110800159,1 SCALE 1" = 300' o' 150' 300' 600' IV EXHIBIT _B EXPfRES: 12/14/ PUBLIC SANITARY SEWER EASEMENT CONCEPT ENGINEERING, INC. DWN. BY DATE JOB NO. _ 455 Rainier Boulevard North DVR 11-18-04 23208 Issaquoh, Washington 98027 _ (425) 392-8055 FAX (425) 392-0108 CHKD. BY SCALE SHEET DJK 1" = 40' 1 OF 3 Sewer Easement Page 6 of 8 I 1° a 'J-rri POINT Or BEGINNING CENTERLINE ,fl _ - Vy -Jn \ Cr~ ~y05'46'.~.g~106.3r \ N15'38'12'W ` - 6.00 x.1056.00 \ POINT OF , \ COMMENCEMENT' tf 2a A. CENTERLINE 15' PUBLIC ¢j SANITARY SEWER EASEMENT i I ~ k o s PARCEL B ~O. SCALE 1 40' or 'KASy; 0' 20' 40' 80' 44N . fr~) y~o: ~ .,;~5•-P~ Q 0~y,/ e o /SAP ~1r~oo 2~ G~ P ;:.c!sT";''„ R XHIBIT EXPIRES: 12/14/ PUBLIC SANITARY SEWER EASEMENT OIL CONCEPT ENGINEERING,INC. 455 Rainier Boulevard North _ iseoquah, Woshinglon 98027 0M (425) 392-8o55 FAX (425) 39: 0108 DVR h1-18-04 1 23208 KD. BY SCALE SHEET DJK 1" = 40' 2 OF3 Sewer Easement Page 7 of 8 / ~Np 4y POINT OF S ~ ' COMMENCEMENT N46-21-19"E (RAD) ~i .c 30.00' - O / A = 04'54'41" N66-07-54"E / R = 210.00' 27139' L - 18.00' le: 9"p POINT OF BEGINNING] CENTERUNE 15' PUBLIC SANITARY SEWER EASEMENT i I• o~ WASyy: ti p Za .N ~ . t •ari 281110011; '.2• EXPIRES: 12/14/ 1 SCALE" = 4 ' 0' 20' 40 80' N. CONCEPT ENGINEERING, INC. OWN. BY DATE JOB NO. 455 Rainier Boulevard North DVR 11-18-04 23208 Issaquah, Washington 98027 _ (425) 392-8055 FAX (425) 392-0108 CHKD. BY SCALE SHEET w., Q h DJK 1" = 40' 3 OF 3 EXHIBIT B PUBLIC SANITARY SEWER EASEMENT vnrowrKrn.mcemnwmaaa Sewer Easement Page 8 of 8