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HomeMy WebLinkAbout200412290467 SEWER EASEMENT 122904II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIII~ VIII VIII VIII VIII IIII) VI 200412290461 6 PGS PCity IERCE2COUNTY.2WASHINGTON Return Address: of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information SANITARY SEWER and ACCESS EASEMENT FAC04-0018 Reference # (if applicable): N/A Grantor/Borrower: Evergreen Tucci Partners, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE 1/4, 06-20-05E & NE'/4;07-20-05E Assessor's Tax Parcel ID#: 052006-8001 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 Sanitary Sewer Gravity and Force 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. Sewer Access Easement Page 1 of 6 EXCISE TAX EXEMPT DATE ~ 2 2~arb~ . Pierce County By Auth. Sig ~v\ Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. 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. Sewer Access Easement Page 2 of 6 07 IN WITNESS WHEREOF; said corporation has caused this instrument to be executed by 'Zfnr-w bey- its proper officer(s) this today of , 2004. pve-r9rteh -7'ucC4 fa rlYtcrS L.L.Q. 3y : ~n ►rPS~t c antral C,o~-p Ml"n 14 Auth rized Signature Authorized Signatur (!i n era STATE OF W Le~'C'C- NGTON)- ) ss COUNTY OF ) I certify I have know or have satisfactory evidence that Rd C/6t_. L- ~I ix phrCyf 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 CjgA~ e/ doir ?Lr'0 a,•. uo P l y,ry~r~rf~,n1, -of a limited liability company, to be the free andvoluntWry act o such party for the uses and purposes mentioned in the instrument. Dated o?/ •?3 d ~GN L. SgR~`e~o /5~~~\Sg10 N F+A 111'/ i : o NOTARY 11 M. .4-- -,&Z Z, .~iA~7L~tG o Cn : Votary Public in and for the State of Washington iI PUBLIC • 3sidipng a~ "S:Z-mAd& 0 1 6 • ' o ~~VI apointm--M res I 1 t~\FOF WASH\&I W W/tlb File: # 1009 REF. KDevelopment\FormsTegal Documents\2004 Sewer Access Easement Page 3 of 6 EXHIBIT A AREA 19 SANITARY SEWERiBc''`ACCESS EASEMENT -LEGAL DESCRIPTION A STRIP OF ;LEND' 2 fXyiT) IN,WID.Tilik LYINKr, WITHIN LOT 1 OF CITY OF AUBURN SHORT PLAT RECQ9pEQ ~UNPER AUDITOR'S FILE NO. 200108160470, RECORDS OF PIERCE COUNTY, WASHINGTON, AND AS AMENDED BY LOT LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200212091090, RECORDS OF PIERCf✓ COUNTY,; WASHINGTON; ALSO BEING WITHIN THE NORTHEAS'T`' O AMfER OTF SECTION 7 ANb. THE SOUTHEAST QUARTER OF SECTION 6, BOTH. IN ,TO,WNSHIP~ 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIU'1~AN; CITYY OF AUBURN, PIERCE COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: i_, COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88°03'05" EAST ALONG THE SOUTH LINE THEREOF 2,521.68 FEET, TO THE WESTERLY.MARGIN OF LAKELAND HILLS WAY AND A POINT ON A N©N'T-Am'GENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 695.00 FEET, AND TO WHICH POINT A RADIAL BEARS NORTH 89°34'32" EAST; THENCE NORTHERLY AND COUNTER-CLOCKWISE ALONG THE ARC OF SAID CURVE'.~MR-OWTi A'__,43NTRhIi-.A TGLE OF 06°00'51'0 A DISTANCE OF 72.95 FEP ,'i it' 't:' J ; t'. i. rr~t`, NN , ,'o c,► ..~,rt THENCE CONTINUE ALONG SAID WESTERLY MARGIN NORTH 06°26' 19" WEST 66.77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 83°33'41" WEST 38.74 FEET; THENCE NORTH 88°03'05" WEST 456.32 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE ALONG THEE AFC OF- SAID CUR THROUGH A CENTRAL ANGLE OF 51016'42", A DISTANCh '6F 134.25" FE& Y THE BEGINNING OF A REVERSE CURVE CONCAVE S,Q P VST RIB *Np HAVING A RADIUS OF 400.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'47", A DISTANCE OF 174.1&FERT ' - • THENCE NORTH 61 °43-' 10"'409T 120.21 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 200.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°44' 19", A DISTANCE OF 96.83 FEET; Sewer Access Easement Page 4 of 6 w` - 5 THENCE NORTH 89°27'29" WEST 131.42 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°02'01", A DISTANCE OF 13.99 FEET; THENCE NORTH 73°25'28" WEST 192.64 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 246.27 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72°55'31", A DISTANCE OF 313.45 FEET; THENCE NORTH 00°29'57" WEST 99.15 FEET TO THE SOUTHERLY MARGIN OF LAKE TAPPS PARKWAY EAST AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION. THE SIDELINES OF SAID STRIP ARE TO BEGIN AND END AT THE WESTERLY MARGIN OF LAKELAND HILLS WAY AND THE SOUTHERLY MARGIN OF LAKE TAPPS PARKWAY EAST, RESPECTIVELY. MFG/j l'g I/LAKELAND-SO/28776/docs-rpts/legal/stamped_mfg l 10804 Sewer Access Easement Page 5 of 6 BOMT _ ATQET M.rfAY.005 , jgWA HILL WAY I , i EXHIBIT B ~ i g 2' JQINT USE N ~ UDllTY EASEMENT N _ i 3 L -52' bOINT USE I r- UTILITY EASEMENT II II II I II I ~ 30' UTILITY EASEMENT ~r i I I II rl I ~ I ~ L-j' C" R Ln C «nt 1 v .1 C u~ c `n 3 ~a N v Sewer Access Easement Page 6 of 6