HomeMy WebLinkAbout20070817000956 EASEMENT 071907Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EXCISE TAX NOT REQUIRED
IGn R s Division
c Deputy
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Above this line reserved for recording informat
EASEMENT
Reference # (if applicable):
N/A
Grantor/Borrower:
VDV Ventures 11, L.L.C.
Grantee/AssigneeBeneficiary:
City of Auburn
Legal Description/STR:
Section 19, Township 21, Range 5
Assessor's Tax Parcel lD#:
392140-0005
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, including the attached Letter of Agreement (see Exhibit `B'),
receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor
herein, Grantor, VDV Ventures II, L.L.C. 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 constructing and
maintaining a Gateway Sign, landscape improvements, AND APPURTENANCES
THEREOF, said real property being described as follows:
SEE EXHIBITS "A" AND "A-1", ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
Said Grantee shall have the right without prior institution of any suit or proceeding
at law, at times as may be necessary, to enter upon said easement for the purpose of
construction and maintenance of sign structure and landscape improvement without
incurring any legal obligation or liability therefore; provided, that such construction shall
be accomplished in such a manner that private property improvements shall not be
disturbed or destroyed, or in the event they are destroyed, they will be replaced in as good a
condition as they were immediately before the property was entered upon by the Grantee.
Easement
Page 1 of 2
AUBURN ERS 48.00
PAGE001 OF 007
08/17/2007 10:81
KING COUNTY, NA
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.
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by
its proper officer(s) this __Ll_ day of a t 2007.
Audi nzed Signature
Authorized Signature
STATE OF WASHINGTON)
)ss.
County of King )
1 certify that I know or have satisfactory evidence that Ck-t^^ Tr" 'f Z l S
appeared before me, and said persons
acknowledged that they signed this instrument, on oath stated that they were authorized to
execute the instrument and acknowledged it as the Wo teL~
4 ; tf"€/\
an VDV Ventures II, a limited' liability company, to be the
free and voluntary act of such parties for the uses and purposes mentioned in this
instrument.
Dated I I
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hTSSA AI'FI 1-dr t7rYDruIl v
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Notary Public in and for the State of Washington
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File: #CP0636, Gateway Sign at M Street SE
REF. HADevelopmentTonnsUgal Documents12006
Easement
Page 2 of 2
EMBrf A
PROPOSED GATEWAY SIGN EASEMENT DESCRIPTION
That portion of Lot I of Lloyd A. Knowles Third Addition as per plat recorded in
Volume 49 of Plats at Page 66, records of King County; Washington, said portion being
described as follows:
Commencing at the northeast comer of said Lot 1;
Thence South 01 °12'30" West along the east line of said Lot 1 a distance of 65.05 feet to
the most northerly comer of the lands deeded to the City of Auburn for street purposes
recorded under recording number 5804049, records of said county;
Thence South 61°00'34" West along the northwesterly line of said lands a distance of
5.00 feet to the True Point of Beginning of this easement description;
Thence continuing South 61°00'34" West along said northwesterly line of said lands a
distance of 20.00 feet;
Thence North 28°59'26" West a distance of 10.00 feet;
Thence North 61 000'34" East a distance of 20.00 feet;
Thence South 28°59'26" East a distance of 10.00 feet to the true point of beginning.
The basis of bearings for this description is said plat of Lloyd A. Knowles Third
Addition.
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EX+tIe fr '13P
ACrrY OF * * .
L M Peter B. Lewis, Mayor
1.1 - WASHINGTON 25 Wed Mob OW * AObum WA 980811998 * www.aubtxnwa.gov * 483.931-3008
May 14, 2007
John E. Oswald
Demetry Vyzis
VDV Ventures II, LLC
10760 NE 29" St, Suite 186
Bellevue, WA 98004
RE: Letter of Agreement
Project #CP0635, 2007 Gateway - M Street SE
Parcel #392140-0005 - Portion of 1436 Auburn Way South
Gentlemen:
The City of Auburn is now acquiring land necessary to complete the construction of the
Gateway Sign (Sign), see attached proposed design, at the Intersection of M Street SE and
Auburn Way South. As you know, this construction requires an easement on a portion of your
property identified on the attached site plan by the parcel number listed above.
The Easement document, legal description, and site plan are attached. The easement area Is
approximately 200 square feet (20' wide x 10' long).
In addition to the easement itself, I would like to confirm our agreement on the construction
and maintenance of the landscaped areas.
The City of Auburn its heirs, successors and assigns will perform the following
1. Prepare and record all documents necessary to secure the easement
2. Provide the design of and construct the Sign (see attached design).
3. Provide the power supply to illuminate the Sign.
4. Provide and install annual plants in front of the Sign and augment the evergreen
arborvitae in the rear of the Sign as necessary, to meet the Citys desired level of
landscaping.
5. Provide maintenance of the Sign and the annual planting bad in front of the Sign.
VDV Ventures 11, LLC, its heirs, successors and assigns will perform the following:
1. Agree to the easement as a mutual benefit to both parties.
2. Provide comment on the Sign design to be considered by the City during the design of
the Sign.
3. Construct the landscaping of the site as approved in the revised landscaping plan for
permit # ADD06-0025 (leaving the easement area undeveloped).
AUBURN * MORE THAN YOU IMAGINED
VDV Vaiturm R LLC
May l4, 2007
Page 2 of 2
4. Provide a point of connection for the irrigation of the annual planting bed (1/2' pvc pipe)
to the Irrigation system planned for development under permit #ADDOB-0025.
5. Provide maintenance of the site landscaping, less the identified annual planting bed.
6.
D(d pv.v. 71 w to 7
If these terms are satisfactory, please sign In the appropriate area below, complete the
attached Easement and return to me; a copy of this letter is attached for your records. Once
the final documents are completed, the City will record the easement and this letter
agreement.
I have attempted by this letter to provide a concise statement of the issues and summary of
our obligations. If you feel any of the points are In error or other conditions need to be
addressed, please contact me Immediately. Please feel free to direct any questions you may
have to me at 253.804.5071.
Yours truly,
Clh/ of Auburn
Robert E. Lee, III
Project Engineer
Attachment(s)
My signature constitutes acceptance of the terms and conditions set forth above.
gn
l>v' 1/q /07
V Ventures II, L Date
sfz~ t7
P Ater B. Lewis, Mayor Date
z44waR 6
ADDENDUM TO LETTER OF AGREEMENT
This Addendum to Letter of Agreement (the "Addendum") is dated as of July
2007, and it supplements the terms of the Letter of Agreement dated May 14, 2007,
from the City of Auburn ("City") to VDV Ventures II LLC ("Owner") regarding project
#CP0635, parcel no. 392140-0005 (the "Agreement"). Owner and City agree that the
terms of the Agreement are supplemented as follows:
City shall pay Owner $1,700 in consideration of Owner's grant of an easement to
City as described in the Letter (the "Easement") for owner's costs and legal expenses.
City shall, at City's sole expense, provide all landscaping, irrigation, lighting, and the
utilities required for such items, for the sign to be placed pursuant to the Easement (the
"Sign"). City shall also maintain the Sign and the Easement area in good and clean
condition at City's expense.
The overall height of the Sign shall not exceed five feet seven inches above the
existing grade.
City shall issue to Owner and/or its tenant, Starbucks Coffee, all necessary
permits and approvals to allow Starbucks Coffee to open for business on Thursday, July
19, 2007.
OWNER:
VDV Ven s H LLC
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CITY:
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