HomeMy WebLinkAbout20100106000319 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
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Easement
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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.
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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
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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
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EXHIBIT B ems' a
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ails 3 C s 32
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SW ~s s and
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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
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