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Home My WebLink About200412290466 SEWER EASEMENT 122904k 91 20 /12290486 6 PGS EPCf 12;-29-2604 11. :26am Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 R3 03-z Above this line reserved for recording information. SANITARY SEWER EASEMENT . FAC04-0018 Reference # (if applicab: N/A 19 - -1- - - - -y Grantor/Borrower: Evergreen Tucci Partners, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE'/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. /;d / 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. Sanitary Sewer Easement Page l of6 LEXQSE TAX EXEMPT DATE-a 4- Pierco County By f f! mouth. Sig a ~ 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. Sanitary Sewer Easement Page 2 of 6 911, IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this Z Pd day of 2004. -lref rV-p-"Ticcci 17arAw'rs L.~.e . uthorized Signature Authorized Signature STATE OF WASHINGTON) ~m ) ss COUNTY O I certify I have, know or have satisfactory-evidence that= hD1c1A L. 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/wer authorized to execute the instrument and acknowledge as the tn&nrej ywAey cta/ ner 4 -af/~t rea.~~Ucr~ zldmx a limited liability c mpany, to be the free and voluntary act of uch party for the uses and purposes mentioned in the instrument. Dated a- R d W gARTE~~~~~1 ~~~pN Eko'. • G u p~J f t~t1 SrATF nF~NP~~.: W W/tlb File: # 1009 REF. H:Development\Forms\Legal Documents\2004 the State of Washington Sanitary Sewer Easement Page 3 of 6 .r N EXMBIT A' .:AIREA 19 • XSANI'ItARY SiWM EA'EiMENT LEGAL DESCRIPTION A PAR(; ,OF, L,6ND LYING .VIT HW LOT 1; Of CITY OF AUBURN SHORT PLAT RECORDED gg` AUQITOI~ $ FILE NO. 200108160470, RECORDS OF PIERCE COUNTY, WASHINGTON, AND AS AMENDED BY CITY OF AUBURN LOT LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200212091090, RECORDS OF PIERCE COUNTY, WASHINGTON; SAID STRIP ALSO BEING WITHIN THE NORTHEAST QUARTER OF SECTION 7 AND THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF AUBURN, PIERCE COUNTY, WASHINGTON, AND MOM,$Pf_gIFICALL-Y•DES'GRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE AFOREMENTIONED LOT I;, THE1CJFy:°S1[1TI8$°I1'•'-;E1fi%A`L~NG, SHE SOUTH L1E TEREQ 2495,44 FEETd 1'E POINTF BGINNING; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 88°03'05" EAST 26.24 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAY AND A POINT ON A NON-TANGENT CURVE CONCAVE WESTERLY, HAVNCr` 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 THROUGH R.:CVN.JRAL ANGLk. f~ 06°00'51", A DISTANCE OF 72.95 FEET; THENCE NORTH 06°2019% iS'X 40.77PPE44 , THENCE SOUTH 83°33'41" WEST 19.29 FEET; THENCE SOUTH 00°58'3 ">✓AST 11blWFEET TO THE POINT OF BEGINNING. TOGETHER WITH A PARCEL OF LAND LYING WITHIN THE AFOREMENTIONED LOT 1, AND THE AFOREMENTIONED NORTHEAST QUARTER, AND THE AFOREMENTIONED SOUTHEAST QUARTER, AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE AFOREMENTIONED LOT 1; THENCE SOUTH 88°03'05" EAST 2521.68 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAY AND A POINT ON A NON-TANGENT CURVE CONCAVE Sanitary Sewer Easement Page 4 of 6 - W w 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 THROUGH A CENTRAL ANGLE OF 06°00'51", A DISTANCE OF 72.95 FEET; THENCE NORTH 06°26' 19" WEST ALONG SAID WESTERLY MARGIN 150.49 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 765.00 FEET; . THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°09' 17", A DISTANCE OF 108.88 FEET; THENCE NORTH 01°42'58" EAST 58.88 FEET; THENCE LEAVING SAID MARGIN SOUTH 62°38'44" WEST 267.03 FEET; THENCE NORTH 55059'39" WEST 87.51 FEET; THENCE NORTH 84°13'22" WEST 110.47 FEET; THENCE NORTH 88°02'50" WEST 121.37 FEET; THENCE NORTH 27°21' 16" WEST 340.34 FEET; THENCE SOUTH 62°38'44"-WEST 20-.00-FEET;-_- THENCE NORTH 27°21' 16" WEST 110.22 FEET; THENCE SOUTH 62°38'44" WEST 122.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 27°21' 16" EAST 209.47 FEET; THENCE SOUTH 28°16'50" WEST 16.26 FEET; THENCE SOUTH 28°04' 14" EAST 34.01 FEET; THENCE SOUTH 56°58'59" EAST 84.76 FEET; THENCE SOUTH 34°28'38" EAST 138.62 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 426.00 FEET, AND TO WHICH POINT A RADIAL BEARS NORTH 44°22' 17" EAST; THENCE NORTHWESTERLY AND COUNTER-CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°46'48", A DISTANCE OF 57.84 FEET; THENCE NORTH 34°28'38" WEST 79.82 FEET; THENCE NORTH 56°58'59" WEST 85.64 FEET; THENCE NORTH 28°04' 14" WEST 27.90 FEET; THENCE SOUTH 28°16'50" WEST 54.59 FEET; THENCE NORTH 61043'10" WEST 2.25 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, AND HAVING A RADIUS OF 226.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°01'52", A DISTANCE OF 23.79 FEET; THENCE NORTH 28°16'50" EAST 72.77 FEET; THENCE NORTH 27°21' 16" WEST 197.81 FEET; THENCE NORTH 62°38'44" EAST 29.00 FEET TO THE POINT OF BEGINNING. MFG/jlg I/LAKELAND-SO/28776/docs-rpts/legal/stamped_mfg110804 Sanitary Sewer Easement Page 5 of 6 4, - - 4, NORTH _ I Rowr oos 1/1R1AW Hgg, WAY 11 1 EXHIBIT B i I ` g C R cy a .g ; 2" *NT USE UTILITY EASEWENT o §p a i i f 1 i R I Q I NI / T EASEM&T W h f ~I a? f II 52' µvNT USE U11 TY EASEMENT I 70 UTAJTY ' SAMTEA ARENTSEWFR I I _..I f ( i Q~ Nfcn C «r I c to cN n 0A N°Da C « FX Lai 3 o + NEl 0 1 U,n a \ M m LL J v J g L r g w L-Lj N ° w II Q m ~zz g ~ a Sanitary Sewer Easement Page 6 of 6