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Home My WebLink About20070817000956 EASEMENT 071907Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXCISE TAX NOT REQUIRED IGn R s Division c Deputy ~ ~'111~~a~~C\ 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 ~FxIER BF A rw.mnRO` VIt hTSSA AI'FI 1-dr t7rYDruIl v otaR).',, fy Notary Public in and for the State of Washington N's oa~~oQ s p Residing at 00 le ka R My appointment expires t o - 1 1-10 y h i~ ~ • 1 1'NOm 1 ''4 OF 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. O'\SURWWRWS S\W0615 i .,VASTSEAWSV WHOSOPJi.MD""b 0Y11-MM =W 2 FF 3s 133ats w md== 30'981 M.O&ZL.ODB C ZZ t], yL K ~ VNm $ s 0 ry W 0 Z O U v ~ cA ~ P Z 3 PJ0 / .9O'OOL Oe.ZL.OON p 7~ M ~ • C "'l 7p 5` f ~~`ffi 1m• 9 C~ 6 ~d~ L MrsM W ~ ~ n ~ W U , d ~ f L(t v F 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 By: - U Its: ~L &vA!il" MgMKeX_ CITY: City B f Ay: : -;IQv Its: