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Home My WebLink About20071107002025 STORM EASEMENT 103007Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. eow ^ -~a STORM EASEMENT Ii1,\ FAC06-0006 ;e # (if applicable): N/A Grantor/Borrower: Auburn Park 44 PG, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR:S~IA 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 Storm Drainage 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 Grantee. Said dootane d(s) weep fMd for reoerd by Pw flc Northwast T*& M aaoommodation oNy. k has aot Yuen Easement as to its affect upon title. Page I of 5 p Y. lj LJ UV / Jr ty 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 storm 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 storm 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 day of roc-; ~>r,e y- 2007. Authorized f STATE OF WASHINGTON) ) ss COUNTY OF KING ) I-- certify I have know or have satisfactory evidence that 't cK' G F- M ma is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute thc_ nstrument and acknowledge as the )e vf- 10P tlFA h hrv ~c~ E of t}L~wlN t i~p PC, LLC a limite liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated /0 ,3 0 1 t 1 j Fi G~PPRV L s. ? a 44t .0 G oz Notary Public- 'n and for the StaNof Was ington PUO~> A Residing at Le~~t un ~yy~~4jA~ 11 19' o My appointment expires / c IG/tlb File: #1088 REF: H:\Development\Projects\Panattoni 44" ST WarchOuse\FAC06-0006\1.egal Documents\2007 Easement Page 3 of 5 LEGAL DESCRIPTION STORM SEWER EASEMENT A Storm 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 468.36 feet; THENCE North 00° 50'25" East, a distance of 259.57 feet to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 00° 50'25" East, a distance of 535.64 feet; THENCE North 03° 55' 11 East, a distance of 44.54 feet; THENCE North 12° 08' 28" East, a distance of 21.54 feet; THENCE South 77° 51' 32" East, a distance of 13.50 feet; THENCE South 12° 08' 28" West, a distance of 25.00 feet; THENCE North 77° 51' 32" West, a distance of 4.79 feet; THENCE South 02° 11' 04" West, a distance of 117.69 feet; THENCE South 00° 50' 25" West, a distance of 457.37 feet; THENCE North 89° 09' 35" West, a distance of 7.50 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: 12153EX5.dwg Page 4 of 5 44tH STREET KW. S89100'35"E 421. oA o° y0 F PCgF'~ 1°p° G p 2 vo fL~G. LINE TABLE LINE BEARING DISTANCE L1 N03'55'11"E 44.54' 12 NI2'08'28"E 21.54' 13 S77'51'32"E 13.50' L4 S12'08'28'W 25.00' 15 N77'51'32"W 4.79' 16 S02'1 1'04"W 117.69' 5 Sq 3^09'35"W S CJ1- rn N 8 p LO N O Ln 9 LA