HomeMy WebLinkAbout20071107002025 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