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Home My WebLink About20100106000319 SANITARY SEWER EASEMENT 011409Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this he reserved for recording information. SANITARY SEWER EASEMENT 6\ (e FAC08-0012 Reference # (if applicable): N/A Grantor/Borrower: Allito Properties, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S'hS32-T21N-R5E - Assessor's Tax ParcelID#: 322105-9027 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, Allito Properties, 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 (`Basement Area") for the purpose of laying, maintaining, and installing sanitary sewer line 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. i'N ?(W gig", 4*cuqV*Vt0; Easement Page 1 of 5 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 ~`tf day of 12009. Q Authorized Signature Authorized Signature STATE OF WASHINGTON) ) SS COUNTY OF KING ) I certify I have know or have satisfactory evidence that Aaron Ia~tNi FL is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the Geneva n ei' of II f0 LL a limited liability ompany, to be the free and voluntary act of sue party for the uses and purposes mentioned in the instrument. Dated I -I `1- 09 ,`~,tu nrq~~. v: o ojAR1-w's U a"' Notary Public in and for the State of Washington cA 'OUB~~ oo : `O Residing at Ma~~/ My appointment expires V -j b-09 '•.0 ~~FfWAgN~~. HS/tlb File: #1223 REF: H:\Development\Project\Kersey III\FAC08-0012\Legal Documents\2009 Easement Page 3 of 5 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC SANITARY SEWER EASEMENT A portion of the Southwest and Southeast quarters of the Northwest quarter of Section 32, Township 21 North, Range 5 East, King County, Washington, described as follows: COMMENCING at the quarter comer common to Section 31 and said Section 32; THENCE along the East-West Center-of-Section line, South 88° 35' 31" East, a distance of 1268.86 feet to the POINT OF BEGINNING; THENCE North 33" 17'27" East, a distance of 125.85 feet THENCE North 06" 13'38" East, a distance of 364.21 feet, THENCE North 36" 10' 47" West, a distance of 72.33 feet; THENCE North 53" 49' 13" East, a distance of 18.99 feet to the Southwesterly right-of-way of Kersey Way S.E. and the beginning of a non-tangent curve, concave Northeasterly, having a radius of 5,759.58 feet and a central angle of 01" 53' 32"; THENCE along said Southwesterly right-of-way from a tangent bearing South 35" 22' 28" East, along the arc of said curve to the left, a distance of 190.21 feet to a point to which a radial line bears South 52" 44'00" West THENCE South 41° 58'32" West a distance of 8.35 feet; THENCE South, a distance of 304.82 feet; THENCE West a distance of 104.74 feet; THENCE South 33" 17' 27" West, a distance of 87.86 feet to said East-West Center-of-Section line; THENCE along said East-West Center-of-Section line, North 88" 35' 31" West, a distance of 35.33 feet to the POINT OF BEGINNING. Containing 42,196 square feet or 0.97 acres, more or less. Project Name: Kersey III October 16, 2008 WRWlss 11394L.059.doc Exhibit: 11394EXH42-SS-Esmt.dwg:layout Page 1 of 1 Easement Page 4 of 5 S"49'13w EXHIBIT B ems' a 0 30 60 r-60 ~ N41' 58'32'E R n m N g M } SEWER EASEJAENT M R- aO ~"\P9F WASH 47298 u s'ripNq` I SiEBE~SJ4' E ma 226c 8 aNnm e N990000.E 104.74' 4 b 0 q POD 31 1 35']fE 1268.88' T 21 N ails 3 C s 32 5 588'35'31"E R 5 f D T 21 N SW ~s s and R 5 E Srnle: For. Job N.m He~V I"= 60' V.," NA KERSEY III 11384 6H44 72"D DIVISION I sn~F (425)251-6222 . (485)251-9)92 ENt iYlr. cmE ENDREERND. uNO PUBLIC SANITARY OflWW~ DMRROINWM S'NERMCES SEWER EASEMENT 1 a, 1 Desi rwd DTawn Checkep Dote Easement Page 5 of 5