HomeMy WebLinkAbout200711070697 SEWER EASEMENT 100407CNw-t= vJ`~~13;-tom
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
SEWER EASEMENT
FAC05-0024
11010071200793 44 m gg45 00 PGS
PIERCE COUNTY, ~1ASNI%TON
Reference # (if applicable): N/A
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel ID#:
Evergreen Tucci partners LLC
City of Auburn
A Portion of Section 6 & 7 20N-5E
900535-0020 & 900535-0030 )4
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 ("Easement Area") for the
purpose of laying, maintaining, and installing 8-inch Sanitary Sewer Main AND
APPURTENANCES THEREOF, said Easement Area being a portion of the above-
designated Tax Parcels ("Parent Parcels"), and described as follows:
SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
-A%45
Said Grantee shall have the absolute right, at times as may be necessary, for
immediate entry upon said Easement Area 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 Area deemed necessary by the Grantee.
Easement
Page I o£6 EXCISE TAX EXEMPT DATE
Pierce County
By )a~=l Auth. Sig
Said Grantor shall not in any way block, restrict or impede access and egress to or
from said Easement Area, and/or in any way block, restrict or impede full use of the real
property within the above-described Easement Area 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 Area and/or along the boundaries of said
Easement Area, 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 Easement Area. 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 sewer service facilities
and the surface level of the ground within the Easement Area shall be maintained at the
elevation as currently existing.
Said Grantor grants to the City the right of ingress and egress to the Easement
Area over and across all paved, graveled, or otherwise improved driveways or parking lots
within the Parent Parcels. If direct access to the Easement Area is not available from such
driveways or parking lots, the City's right of ingress and egress shall include such other
areas within the Parent Parcels as the City determines are necessary to access the Easement
Area from such driveways and parking lots or from the Parent Parcels's boundaries. In the
case of any damage or disruption of the Parent Parcels, the City shall return the property to
a condition reasonably comparable to its condition as it existed immediately before entry
and/or work was made thereon by the City or its agents.
Said 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 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 Parent Parcels, the City shall return the property to a condition 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 Parent Parcels that
would impair or limit the City's use of the Easement Area.
This Easement shall be a covenant running with the Parent Parcelss and burden said
real estate, and shall be binding on the successors, heirs and assigns of all parties hereto.
Easement
Page 2 of 6
IN WITNESS WHEREOF aid corpor . has caused this instrument to be executed by
its proper officer(s) this day of '2007.
A th zed Sign re,
Authorized Signature
STATE OF WASHINGTON)
)ss.
COUNTY OF PIERCE
I certify I have know or have satisfactory evidence that 3- Wil/55
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 e/she/they s/were authorized to
execute the instrument and acknowledge as the 65101,90 _
of eT~-
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated \1111
~tENl.si
(A : a
~11!l11tK'A314
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File: # 1069
REF. H:DevelopmmtlProjects\LLH Area 19 Phase 2 & 3 Legal Docs\2007
Easement
Page 3 of 6
AREA U PHASE 2
SANITARY SEWER EASEMENT
A STRIP OF LAND 32 FEET IN WIDTH LYING WITHIN UNIT 2 AREA 19, A
CONDOMINIUM, RECORDED UNDER. AUDITOR'S FILE NO. 200412295002, RECORDS
OF PIERCE COUNTY, WASHINGTON; SAID STRIP ALSO BEING WITHIN THE
NORTHEAST QUARTER OF SECTION 7 AND THE SOUTHEAST QUARTER OF
SECTION 6, TOWNSHIP 2C NORTH, 12ANGE 5 :EAST OF WILI.AMI±TTE.
MERIDIAN, CITY OF AUBURN, PIERCE COUNTY, WASHINGTON, THE CENTERLINE
OF WHICH IS MORE SPECIFICALLY DESCRIBED AS FOL,1,OWS:
COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED UNIT 2;
THENCE SOUTHEASTERLY ALONG A CURVE FIAVINO A RADIUS OF 271.27 FEET,
TO WHICIT A RADIAL BEARS NORTH 64°42'35" EAST; THENCE ALONG SAID CURVE
227.64 FEET TO THE POINT OF BEGINNING.
THENCE SOUTH 17009'58" WPSTA DIS'T'ANCE: OF 141.1411'71;'!':
THENCE, SOUTH 01056'55" VEST A DISTANCE OF 118.05 FEET TO A POINT
HEREINTAFTER KNOWN AS POINT "A"; THENCE CONTINUE SOUTH 01'56'55" WEST
13.00 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION.
THE SIDELINE OF SAID STRIP TO MEET AND CLOSE RESPECTIVELY.
TOGETHER WITH A STRIP OF LAND 26 FEET IN WIDTH LYING WITHIN UNI'T' 2
AREA 19, A CONDOMINIUM, RECORDED UNDER AUDI'TOR'S FILE NO. 200412295002,
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, THE CENTERLINE
OF WHICH IS MORE SPECIVICALLY DI;SCIUBED AS FOLLOWS:
Exhibit `A'
Easement
Page 4 of 6
CO-MMENCTNG AT THE AFORF.MENTIONF.D PONT "A";
TIIF,NCE SOUTH 88°03'05" EAST A DISTANCE OF 403.50 FEET;
THENC? NOR 110I °56'S5" EAST A DISTANCE OF 102.81 FEET;
THF,NCE NORTH 28016'50" EAST A DISTANCE OF 100.31 FEET TO A POINT ON THE
NORTH LINE OF SAID UNIT 2 AND THE TERMINUS OF THIS CENPI-sR[.INI;
DESCRIPTION.
THE SIDELINE OF SAID STRIP TO MEET AND CLOSE RESPECTIVELY.
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MELVIN F. GARLAND, P.L.S.
WASHINGTON STATE REGISTRATION NO. 18902,
APEX ENGINEERING. PLLC
2601 SOUTH 35TH ST. SUI'111200
TACOMA, WASIITNGTON 98409
TELEPHONE: (253) 473-4494
FAX: (253) 473-0599
DESCRE'TION TYPED BY P.iJ 7-7-4-e7
IAAICL'LAND-SW8776107 cs-Rupm[slLegaPStampefi2d77u_PJ7072.10i PH2 Sewer 13=nw,fl.doc
Exhibit `A' Continued
Easement
Page 5 of 6
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Exhibit '13'
Easement
Page 6 of 6