HomeMy WebLinkAbout20061213002503 EASEMENT IN GROSS 091106J
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EXCISE TAX NOT REQUIRED
Mng Co. Records Division
Above this line reserved for recording information.
EASEMENT IN GROSS
Grantor/Borrower:
Vander Pol Investments LLC
Grantee/Assignee/Beneficiary:
Vander Pol Enterprises LLC
City of Auburn
Oak Harbor Freight Lines, Inc.
Legal Description/STR:
362204 13 S '/3 of Portion of SW '/4 of SW W of White
River Valley Home TRS and S of County Road No. 951,
Less ST RD, Section 36 Township 22 N Range E, W.M.
Said document(s) were filed for
Assessor's Tax Parcel ID#:
3622049013 regard by Pacific Northwest Title as
Additional legal on page_ of this
aaDmmodation only. It has not been
document.
exavW wd as to proper execulion or
WHEREAS, the benefited and burdened properties under this Easement in
Gross directly abut one another; and
WHEREAS, if those properties were under common ownership, the owner could
merge the two lots and seek City of Auburn approval of the uses set forth under this
easement; and
WHEREAS, allowing adjoining properties to develop under a common use is in
keeping with the intent and purpose of the Auburn City Code,
NOW THEREFORE, The GRANTOR, VANDER POL INVESTMENTS LLC, for
and in consideration of Ten Dollars and No/100ths ($10.00) and other good and
valuable consideration, conveys to the CITY OF AUBURN, WASHINGTON, a municipal
corporation, VANDER POL ENTERPRISES LLC, and OAK HARBOR FREIGHT LINES,
INC. a perpetual non-exclusive easement in gross for the parking of vehicles over, on
and across the below described real estate, the Burdened Property, which parking is to
be available as a supplemental use to, and in conjunction with, the warehousing and
distribution facility operated by the Oak Harbor Freight Lines on Vander Pol Enterprises'
adjoining property ("Oak Harbor Property") (King County Tax Parcel No. 1582600093):
BURDENED PROPERTY
[INSERT LEGAL]
All Situated in the City of Auburn, County of King, State of Washington.
1. BENEFITED PARTIES. The Parties benefited by this Easement in Gross
shall be the City Of Auburn, Washington, Vander Pol Enterprises, and Oak Harbor
Freight Lines.
2. DIRECT ACCESS BETWEEN THE PROPERTIES. There shall be a
driveway or other vehicle access between the Oak Harbor Property and the Burdened
Property at all times that the burdened property is used for the purposes set forth in this
Easement in Gross.
3. TERMINATION OF EASEMENT IN GROSS. Grantee Oak Harbor Freight
Lines shall notify Grantee City of Auburn if it ceases its above-described use of the
Burdened Property or fails to provide the vehicle access set forth in Paragraph 2, and
Grantee City of Auburn may record a declaration of such facts and terminate this
Easement in Gross. Thereafter, all uses on the Burdened Property shall then be
subject to the then-current zoning restrictions of the City of Auburn.
4. COVENANTS RUNNING WITH THE LAND/ASSIGNMENT. The parties
hereto acknowledge and agree that the easements and other rights conferred hereby
are intended to, and do, constitute covenants that run with the land of the Burdened
Property and shall inure to the benefit of and be binding upon the parties and their
respective grantees, heirs, successors and assigns. Without limiting the foregoing,
Grantor acknowledge that Grantees' rights hereunder are assignable; that Grantees
may enter into agreements to sell or may otherwise transfer their rights herein, and that
Grantor hereby consent to Grantees assigning all of their rights and interests in the
Easement in Gross, and their delegation of all of their obligations created under this
Agreement upon any such the sale or transfer and, upon any such assignment,
Grantees shall be forever released and discharged from any and all claims, demands
and damages which Grantor may have, make or suffer as a result of any thing done or
occurring after the date of such assignment.
Dated this I V day of
-5 c P
2006.
Vander Pol
Name:
Its:
STATE OF WA )
) ss
COUNTY OF V-1 KO )
I certify I have know or have satisfactory evidence that r-4wco { 110`9 is the person who
appeared before me, and acknowledged that he/she signed this instru ent and on oath
stated that he/she was authorized to execute the instrument as the vh,er of
Vander Pol Investments LLC, and acknowledged it to be that party's free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated Cl-11-o(,
)Om.q
Notary Public in and for
Residing at y c
My appointment expires
SEP 15 2006
Date
the State of Aq
ENOT'-AR S. JOHNSON
Y P E~~IC
WASHIGTON
ON EXPIRES
R 29 20006