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Home My WebLink About20071107002024 SEWER EASEMENT 103007Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. SEWER EASEMENT X11 FAC06-0006 04 Reference # (if applicable): N/A Grantor/Borrower: Auburn Park 44 PG, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR:S WA Portion of 36-22N-4E Assessor's Tax Parcel ID#: 936000-0035 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, Auburn Park 44 PG, 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 Sanitary Sewer Main AND APPURTENANCES THEREOF, said Easement Area being a portion of the above- designated Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 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 GrantUW document(s) were fifsd fer rao9►d by Pacific Northwest life m a0unmodation only. k has PA been 3xaminsd a6 to proper ex9oulion or Easement Pagel of 5 LGl~7,K b6 G By 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 Parcel. 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 Parcel as the City determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel's boundaries. In the case of any damage or disruption of the Parent Parcel, 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 Parcel, 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 Parcel that would impair or limit the City's use of the Easement Area. This Easement shall be a covenant running with the Parent Parcel 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 o day of c> c ; 06¢1 2007. -Au onzed Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Pa`4~ e~ G> mmt, is the person who appeared before me, and said person acknowledged that he signed this instrum nt on oath stated that he was authorized to execute the I sstrument and acknowledge as the 1 a 0 m e66k( 4- / A n-i`+ A n EL Of E~ ~tJ~*tiN i np k_ fl~i ~0, i La limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated AD 'lot 4v5g40N ? o ryOTAgy 9N.. I 2/ I ~F t1BLl i Notary Public in and for the State of /Washington i P G Off =Residing at J- MCP Ot) tkw 4 -4 01 ~Fa•.:..,~t ~a q- My appointment expires IG/tlb File: 91088 REF: H:\Development\Projects\Panattoni 40 ST Warehouse\FAC06-0006\Legal Documents\2007 Easement Page 3 of 5 LEGAL DESCRIPTION SANITARY SEWER EASEMENT A Sanitary Sewer Easement of a portion of the Southeast quarter of the Southwest quarter of Section 36, Township 22 North, Range 4 East of the Willamette Meridian, more particularly described as follows: COMMENCING at a Brass Monument in a Steel Case, which marks the South quarter corner of said Section 36; THENCE North 89° 00' 35" West, along the South line of said Section 36, a distance of 131.05 feet; THENCE North 00° 50' 25" East, a distance of 505.52 feet to the TRUE POINT OF BEGINNING; THENCE South 89° 09' 35" East, a distance of 25.00 feet; THENCE North 00° 50' 25" East, a distance of 15.00 feet; THENCE North 89° 09' 35" West, a distance of 25.00 feet; THENCE South 00° 50' 25" West, a distance of 15.00 feet to the TRUE POINT OF BEGINNING and the terminus of this description. Situate in the County of King, State of Washington. Project Name: Auburn Park 44 October 25, 2007 Revised: October 25, 2007 EXHIBIT 'A' DJS/jss 12153L.003.doc Exhibit: 12153 EX5. dwg Page 4 of 5 oA o° 5 G\~ pQ~J2°°,~~ G rn C4 LO N O Ln N89'09'35 °n SANITARY rb SEWER EASEMENT N00'50'25"E 15.00' S00'50'25"W 15.00' TPOB 589'09'35"E 25.00' BRASS MON. IN STEEL CASE SOUTH 1/4 CORNER SECTION 36 i ce BASIS OF BEARINGS: CITY OF AUBURN LLA 05-0007 REC. NO. 20051117000306 Scale: Horizontal 1 120' Vertical NA For: 18215 72ND AVENUE SOUTH ~6 gCis KENT WA 98032 ~ . (425)251-6222 m e (425)251-8782 FAX Title $ CIVIL ENGINEERING, LAND 5 PLANNING, SURVEYING, nNG ET7G~ ruVianuuruTei cra rrc i 5 a 3 a 0 60 120 240 51 Job Number PANATTONI 12153 Sheet EXHIBIT 'B' Page 5/5 SEWER EASEMENT 1 of 1