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Home My WebLink About200711070697 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 KT/db 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. v J~ ! 1E9a2 \`~lf~l3T \0~`n1L 6PNi" WT,Ws a/nn/ee 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 f sorss•_ JLa: t Mk °o z 0 m rn f3 3' Q y g I U! Iq~N~ I { r ~ 'Abr~ssr L.~ JP2.8. W 4i 6 O (rs W N .p A V bi Y ~ f1 r x r - q~ I m N m O V go zry N $ •lY ee " ~1 w ~ ~ 11 1 11 wo~z a ro • ca ~ IV CV V V , .J • I p i V 4 n V A ~ ~ N O 9 b ~.an Exhibit '13' Easement Page 6 of 6