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Home My WebLink About200512020373 SEWER EASEMENT 1202054 3- ~ 3. 20Q512020373 5 PGS 12-02-2005 11:25am $36.00 Return Address: PIERCE COUNTY. WASHINGTON City of Auburn City Clerk 25 West Main Auburn, WA 98001 DEC 2 3 2005 CITY OF AUBURN CITY CLERKS 0FRGE Above this line reserved for recording information. EASEMENT FACO"027 Reference # (if applicable): N/A Grantor/Borrower: Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel ID#: Crescent Capital IX LLC Polygon Homes 11624 SE 5" Street, Ste 200 Bellevue, WA 98005-3590 City of Auburn SEC5-TWN20N-RNG5E 0520054074 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, Crescent Capital IX 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 properly for the purpose of laying, maintaining, and installing one sanitary sewer manhole AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND `S", 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. Easement Page 1 of 5 (EXCUSE TAX EXEN6 PT DpTe_ pierce ~~~~i~ By_ a A 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. Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this l8 day of ~iS9y~tt , 2005. _ Au tune g~r.>A?.+WZ rir/" Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Nc l Raw mcts is/are the person(s) who appeared before `i ie, 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 Akj+ho r1 Mc~~ of Lresce~t- Ca ~~1 i~+.t 1 X PLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated ,l I - aW-= 3-- M till l,ll/ Notary Public in and or the State o Washington ® \4 Res g at ROLCIC- )1-7 61AI ~a~. g = My appointment expires S 0`1-0`1. x•09.0 \ ~'Z WW/t1b File: # 1026 REF. H:\ :Development\Forms\Legal Documents\2005 Easement Page 3 of 5 EXHIBIT A FAIRWEATHER COVE FORCEMAIN MANHOLE EASEMENT DESCRIPTION - - - 26 JULY 2005 - - - A strip of land 20 feet wide lying in the Southeast Quarter of Section 5, Township 20 North, Range 5 East, Willamette Meridian, Pierce County, Washington, the centerline of which is described as follows: Commencing at Pierce County Road Stationing 49+00 as shown on Pierce County Right- of-Way Plan CRP 5484, Lake Tapps Parkway East, Sheet 5 of 7, last revised July 9, 2001; thence on a bearing radial to the centerline curve, North 73°16'37' East, 35.00 feet to the Point of Beginning; thence continuing North 73°16'37" East, 20 feet to the terminal point of said described centerline. Prepared by David A. Berg, PLS 11278 Easement Page 4 of 5 EXHIBIT B i fL4T& NE OM • 40M W ff. 9"1611.51. PER CITY OF UM sum off. WM" e C(s~-614A0 a. CL W 16',aD' UYUFY OM M 0 30 60 SCALE- 1" a 30'-0■ Easement 'Page 5 of 5 Y ' I~IItlIIIIIVRRflIIIIII~M1711111R~flllll 200512020373 5 12-02-2065 .m $36 .00 IPIERCE COUNTY. WASHINGTON Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 99001 t Above this line reserved for recording information. EASEMENT FAC04-0027 Reference # (if applicable): Grantor/Borrower: Grantee/Assignee/Beneficiary: Legal Description/SIR: Assessor's Tax Parcel ID#: a' d v t n 7 ~ ~l l r rwv~ (!ZN QJ-,~ N c~ Q (z-t ~l DEC - 6 2005 CRY OF AUBURN N/A Crescent Capital IX LLC Polygon Homes 11624 SE 5" Street, Ste 200 Bellevue, WA 98005-3590 City of Auburn SE 54W920N-RNG5E 0520054074 if TEN DOLLARS ($10.00) and other good hereby acknowledged, and for benefits to be scent Capital IX LLC hereby conveys and i . a municipal corporation of King County, rpetual Nonexclusive Easement under, over, real property for the purpose of laying, ;ewer manhole AND APPURTENANCES I as follows: ACHED HERETO AND BY THIS ;OF. C CIO' F, " Y Pq in lieu of Eminent Domain. right, at times as may be necessary, for the purpose of maintenance, inspection, above improvements without incurring any EXCISE TAX EXEMPT DATE Pierce County By -D V. - th. Sig Y I~IIIIIIIVVfl1111111111111111111114Mllllll am $36.00 iPIERCE COUNTY. WASHINGTON Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 C Above this line reserved for recording information. EASEMENT FAC04-0027 Reference # (if applicable): N/A Grantor/Borrower: Crescent Capital IX LLC Polygon Homes 11624 SE 5`" Street, Ste 200 Bellevue, WA 98005-3590 Grantee/AssigneeBeneficiary: City of Auburn Legal Description/STR: SE r5-TWN20N-RNWE 61612-) Assessor's Tax Parcel EN: 0520054074 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, Crescent Capital IX 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 one sanitary sewer manhole AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND `S", 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 iannediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above nnprovements without incurring any legal obligation or liability therefore. EesemM Pale 1 of 5 EXCISE TAX EXEMPT DATE / a -2~ Pierce County By _ A~ah. Sigi 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. Easement Page 2 of 5 h IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this <A day of AiSB1~AP2 , 2005. Au i tore p-AG i2D gyp yN6t5 Authorized Signature STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that RIUV~ j A-i (~~1aS is/are the person(s) who appeared before e, 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 A1,1+ w~ 2ec~,t e,td-- ofe-rescevtt-Capt -t IX LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 1j aW-=S-- `N,~~~~~~~~11111 ot R4 ~y I r oTA,l'' Notary Public in and r'the State o Washin on o _ Residing at Rtac-"AM ' 7~ 5 09-Og' ~ My appointment expires09-0 GF WASN~ W W/tlb File: #1026 REF. H:\ :DevelopmentTormsU.egal Documenu\2005 Easement Page 3 of 5 EXHIBIT A FAIRWEATHER COVE FORCEMAIN MANHOLE EASEMENT DESCRIPTION 26 JULY 2005 A strip of land 20 feet wide lying in the Southeast Quarter of Section 5, Township 20 North, Range 5 East, Willamette Meridian, Pierce County, Washington, the centerline of which is described as follows: Commencing at Pierce County Road Stationing 49+00 as shown on Pierce County Right- of-Way Plan CRP 5484, Lake Tapps Parkway East, Sheet 5 of 7, last revised July 9, 2001; thence on a bearing radial to the centerline curve, North 73°16'3T' East, 35.00 feet to the Point of Beginning; thence continuing North 73°16'37" East, 20 feet to the terminal point of said described centerline. Prepared by David A. Berg, PLS 11278 Easement Page 4 of 5 EXHIBIT B WX 10 SM (MV 0 04M 4W ff. = 41611-51. PER MY OF ALIOM sorb: MT. smt-m NO--41&50:k (IMM 00 WA E) H e E(s)•aum C FOR ta1Y OF MM CO I a I 1 I W I z I~ I I I 0 30 60 I SCALE: 1- _ 30'-0- Easement Page 5 of 5