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Home My WebLink About200306051015 SEWER EASEMENT 060503Return Address City of Auburn City Clerk 25 West Main Auburn, WA 98001 IIIINNIIMIMIIMIIIfl~IIIMIIA~ 200306051015 P ~o~~.ss°w~s~'~~.8~ Above this line reserved for recording information R r/,23 .PN OT SANITARY SEWER EASEMENT': j0-i r-:r til,,i rc,, LOT 4 -y fl3„,¢,c Nord "J, P VJ (c l l 12 Fe rnz-nm Reference # (if applicable) N/A 9atl. --Grantor/Borrower Evergreen Tucci Partners, LI,C Grantee/Assignee/Beneficiary City of Auburn Legal Description/STR 06-20-05E Assessor's Tax Parcel ID# 052006-6023 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, Evergreen Tueci Partners, 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 10-inch 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. Easement Pagel of 5 EXCISE TAX NOT REQUIRED Ong' a W~Records-Djvisiori EXCBSE T-AX EgEMPT VA?E_ki2n3 2/ , Deputy By ft Sig 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 peimission, 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 abovb- 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 rei urn 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 linut 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 corporation has caused this instrument to be executed by its proper officer(s) this -J.2 day of MAY , 2003 ✓c RGj?.eEA1 PR LLC Qy; rnv--stZo hi hai~+l CorpA•a~; c„, ~Z~IgnagPr Authorize Signature M4r Wa,55, f fYs}~F, Authorized Signature Easement Page 2 of 5 STATE OF WASHINGTON) )ss County of I96Rt Pierce I certify that I know or have satisfactory evidence that NA;MM WA ASS is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the a es a afT-6 T7WM; (Cc,'-na-~~~c•~ 4..c Hrahd f of EVe~Q -ren `fu i_ RnA",P a 5 LJ_. e • , a Lim' ed Liability C'dnipany, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated' ~~L. HV~A~tt Y , - Notary-Publ' n d foy the--Stave of Washington N Aeuc G'* residing at y My appointment ex 'res - t..FWASH~N W W/bi File #935 REF H DevelopmentlFormslL,egal Documents\2003 Easement Page 3 of 5 EXHIBIT A Legal Description - Sanitary Sewer Easement A strip of Land, 30.00 feet in width, over that portion of Section 6, Township 20 North, Range 5 East, W.M., in Pierce County, Washington, said strip having 15 00 feet on each side of the following described centerline Commencing at the most easterly corner of Lot 4, Lakeland Hills, Auburn Short Plat, as recorded under Rec. No 200211145001, records of said county, thence S69°02'59"W, along the common line between said Lot 4 and Lot 3 of said short plat, 38 31 to the POINT OF BEGINNING of the herein described centerline, thence N33°03'22"W 280.48 feet; thence N43'08'43 "E 40 00 feet to a point on the southwesterly margin pof p.arc e -of land conveyed to the City of Auburn for road right of way by deed recg6k t, r_.,Recoiding No 200105040368 and the terminus of said centerline. The sidelines of ttie herein described strip-shall be-lengthened-or 9horIA, ed, as wired, to intersect at all interior angle points and the boundaries of said Lot Easement Page 4 of 5 o \ 30' SANITARY SEWER EASEMENT _ LOT 4 ~y 0.6 er,~\ ~~11 C LOT 3 / R=250 00 A=26'06'19" / L=113 91 LAKELAND HILLS / AUBURN SHORT PLAT RI-C._ NO 200211145001. N r 0 50 100 SCALE: 1 "=100' RIGHT OF WAY DEED REC. NO. 200105040368 ~o 0 a~ 0 OVAL L!►1~ LAKELAND HILLS PAGE SANITARY SEWER EASEMENT EXHIBIT"B" 50F5 1-00 14711 NE 291h Place, #101 8ellews, Washington 98007 425 885.7877 Fax 425 685 7963 ~OESIGN ' ENGINEERING PLANNING • SURVEYING JOB NO_ 02050 b•^. .,r. STATE OF WASHINGTON} County of King ) , f 1* 1 The Zotrector of Records & Elections, Klnq County. StAte of . ' Washingtor and exofficio Recorder of Deeds and other Instruments, do hereby certify the foregoing copy has be9n comoared with the original instrument as the same appears on file and of record in the office, and that the same is true find perfoct transrriat of said original and of the whnlh thereof Witnesatn of aJ {il l~aV5nt%galseal , this -_day Irt A+ Director of Records & Elections J~ n Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for J~ information. 83 S/ P/0 Vrr SANITARY SEWER EASEMENTSaid document(s) vvem filed fm LOT 4 record by Pacific Northuv®st Title as V A rill-nm 9 accommodation only. It has not ba®n Reference # (if applicable): N/A as to its affect upon title. Grantor/Borrower: Evergreen Tucci Partners, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: 06-20-05E Assessor's Tax Parcel ID#: 052006-6023 OF . 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, Evergreen Tucci Partners, 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 10-inch 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. Easement Page I of 5 EXCISE TAX NOT REQUIRED King u ty Records Division By. Deputy ~`j''" 1 4 ei 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 corporation has caused this instrument to be executed by its proper officer(s) this -J-8 day of MAY , 2003. t/F R G R~EAJ It-4c / P RTNe25 L Le. vy; rnv,-Z5f40 r or- 1 C arpor-a : oh, il'Ignagtr Authorize Signature Mqr f r Wa;ss~ f;Ysi d~rrl Authorized Signature Easement Page 2 of 5 t STATE OF WASHINGTON) )ss. County of Yrkig Pierr.e ) I certify that I know or have satisfactory evidence that NART'IM 'D, Vl/A t,SS is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument acid acknowledged it as the fires 8 ~e~t wy~s~cd ~d naHc9ti~ Ce►~vG`w~c. Mal1~~,~f of V2~r cen e • , a Limi ed Liability mpany,Ito be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated; Zed gSlO/y'•.'S' 0 ~ v N` Y M: N i ~euc h• it ~ 9~~F 19-05 ' . S Notary Publi n and for the Mate of Washington residing at (.LL My appointment ex ires -16 WW/bi File: #935 REF. H:Development\Forms\Legal Documents\2003 Easement Page 3 of 5 n -.,T'- 'a 11 a EXHIBIT A Legal Description - Sanitary Sewer Easement A strip of Land, 30.00 feet in width, over that portion of Section 6, Township 20 North, Range 5 East, W.M., in Pierce County, Washington, said strip having 15.00 feet on each side of the following described centerline: Commencing at the most easterly corner of Lot 4, Lakeland Hills, Auburn Short Plat, as recorded under Rec. No. 200211145001, records of said county; thence S69°02'59"W, along the common line between said Lot 4 and Lot 3 of said short plat, 38.31 to the POINT OF BEGINNING of the herein described centerline; thence N33°03'22"W 280.48 feet; thence N43908'43"E 40.00 feet to a point on the southwesterly margin pf {pay6cl' -f land conveyed to the City of Auburn for road right of way by deed rec;ckk•c CL~.t i, t" 2e6Qf%jng No. 200105040368 and the terminus of said centerline. It nj ; ~f 'Y The sidelines of the herein described strip shall be lengthened or khorle`fted as *'quij~,d, `$o intersect at all interior angle points and the boundaries of said Lot, 1 r.:' 41 Easement Page 4 of 5 \ \ 0 50 100 0 ° N SCALE: 1"=100 ' 30' SANITARY SEWER \ EASEMENT P.O.B. RIGHT OF WAY DEED REC. NO. 200105040368 LOT 4 A ,5g°E y~ pp ~ N69 p2 0\~0 N A O LOT 3 / R=250.00 X26'06'19" / L=113.91 LAKELAND HILLS / AUBURN SHORT PLAT REC. NO. 200211145001. SAO&7, 1• LAKELAND HILLS PAGE TA SANITARY SEWER o EASEMENT EXHIBIT "Bn 5 OF 5 a SOW O ' 14711 NE 29th Place, # 101 CORBellevue, Washington 98007 j, js/►r~ 425.885.7877 Fax 425.885.7963 SXE'IIiE9: 10 28 04 /DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO_ 02050