HomeMy WebLinkAbout20091008000876 EASEMENT 100109m to:
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008000876
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Auburn,
20091
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10/08/2009 15:40
KING COUNTY, UA
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Reference # (if applicable):
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel ID#:
N/A
City of Auburn
Auburn Professional Plaza LLC
NE 1/4,13, 214E t / -I
0492000605 and 7816200005
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For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid,
CITY OF AUBURN, a municipal corporation of the State of Washington, ("Grantor" herein), hereby
conveys and warrants to Auburn Professional Plaza, LLC, a Washington Limited Liability Company
("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under,
along across and through the following described real property ("Property" herein) in KING County,
Washington:
LEGAL DESCRIPTION
BUILDING FOOTING RIGHT-OF-WAY USE PERMIT
All those portions of East Main Street, North Division Street, and 1st Street N.E. in the City of
Auburn, lying adjacent to Block 0, as shown on the plat of Ballard's First Addition to Slaughter,
as recorded in Volume 2 of Plats, page 84, Records of King County, Washington, and Block 0 of
L.W. Ballard's Park Addition to Slaughter, as recorded in Volume 3 of Plats, page 91, Records of
King County, Washington, more particularly described as follows:
COMMENCING at the Southwest corner of Lot 4 of Block 0 of said plat of Ballard's First
Addition to Slaughter;
THENCE South 89° 04'21 " East along the Southerly line thereof and North margin of East Main
Street, a distance of 114.59 feet to the POINT OF BEGINNING;
THENCE CONTINUING South 89° 04'21 " East along the South line of said Block 0, a distance
of 73.00 feet;
THENCE South 00° 55'39" West, 4.00 feet;
THENCE North 89° 04' 21" West, 73.00 feet;
THENCE North 00° 55'39" East, 4.00 feet to the POINT OF BEGINNING;
EXGiZ;I-- T N0,T t- EQUiR:D
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TOGETHER WITH that portion of East Main Street, more particularly described as follows
COMMENCING at the Southwest corner of said Lot 4;
THENCE South 89° 04' 21" East along the Southerly line thereof and North margin of East Main
Street, a distance of 95.11 feet to the POINT OF BEGINNING;
THENCE CONTINUING South 89° 04'21 " East along the South line of said Block 0, a distance
of 5.00 feet;
THENCE South 00° 55'39" West, 1.00 feet;
THENCE North 89° 04'21" West, 5.00 feet;
THENCE North 00° 55'39" East, 1.00 feet to the POINT OF BEGINNING;
TOGETHER WITH that portion of East Main Street, more particularly described as follows:
COMMENCING at the Southwest corner of said Lot 4;
THENCE South 89° 04' 21" East along the Southerly line thereof and North margin of East Main
Street, a distance of 68.11 feet to the POINT OF BEGINNING;
THENCE CONTINUING South 89° 04121 " East along the South line of said Block 0, a distance
of 5.00 feet;
THENCE South 00° 55'39" West, 1.00 feet;
THENCE North 89° 04'21 " West, 5.00 feet;
THENCE North 00° 55'39" East, 1.00 feet to the POINT OF BEGINNING;
TOGETHER WITH that portion of East Main Street, more particularly described as follows:
COMMENCING at the Southwest corner of said Lot 4;
THENCE South 89° 04' 21" East along the Southerly line thereof and North margin of East Main
Street, a distance of 41.11 feet to the POINT OF BEGINNING;
THENCE CONTINUING South 89° 04'21 " East along the South line of said Block 0, a distance
of 5.00 feet;
THENCE South 00° 55'39" West, 1.00 feet;
THENCE North 890 04'21 " West, 5.00 feet;
THENCE North 00° 55'39" East, 1.00 feet to the POINT OF BEGINNING;
TOGETHER WITH that portion of North Division Street, more particularly described as follows:
COMMENCING at the Southwest corner of said Lot 4;
THENCE North 00° 56' 03" East along the West line thereof and East margin of North Division
Street, a distance of 40.04 feet to the POINT OF BEGINNING;
THENCE CONTINUING North 00° 56'03" East, 7.00 feet;
THENCE North 89° 03' 57" West, 1.50 feet;
THENCE South 00° 56'03" West, 7.00 feet;
THENCE South 89° 03'57" East, 1.50 feet to the POINT OF BEGINNING;
TOGETHER WITH that portion of North Division Street, more particularly described as follows
COMMENCING at the Southwest corner of said Lot 4;
THENCE North 000 56' 03" East along the West line thereof and East margin of North Division
Street, a distance of 52.54 feet to the POINT OF BEGINNING;
THENCE CONTINUING North 00° 56'03" East, 96.00 feet;
THENCE North 89° 03'57 West, 4.00 feet;
THENCE South 00° 56'03" West, 96.00 feet;
THENCE South 890 03'57" East, 4.00 feet to the POINT OF BEGINNING;
TOGETHER WITH that portion of North Division Street, more particularly described as follows:
COMMENCING at the Southwest corner of said Lot 4;
THENCE North 00° 56' 03" East along the West line thereof and East margin of North Division
Street, a distance of 151.04 feet to the POINT OF BEGINNING;
THENCE CONTINUING North 00° 56'03" East, 7.00 feet;
THENCE North 89° 03'57" West, 1.50 feet;
THENCE South 00° 56'03" West, 7.00 feet;
THENCE South 89° 03'57" East, 1.50 feet to the POINT OF BEGINNING;
TOGETHER WITH that portion of 1 st Street N.E., more particularly described as follows:
COMMENCING at the Northwest corner of Lot 5 of said Block 0, L.W. Ballard's Park Addition
to Slaughter;
THENCE South 89° 19' 06" East along the North line thereof and South margin of 1st Street
N.E., a distance of 33.60 feet to the POINT OF BEGINNING;
THENCE CONTINUING South 89° 19'06" East, 74.00 feet;
THENCE North 00° 40' 54" East, 4.00 feet;
THENCE North 890 19'06" West, 74.00 feet;
THENCE South 000 40'54" West, 4.00 feet to the POINT OF BEGINNING.
1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate,
maintain, repair, replace, improve, and remove permanent footings and other underground support
structures for underground building footings and associated support structures in the City Right of Way in
accordance with the construction documents attached hereto as Exhibit A and incorporated herein fully by
reference.
2. Grantee's Use of Easement Area After Construction. After construction, Grantee's right to
use the Easement Area is limited to the existing underground structures. Grantee shall have no right to
interfere with pedestrian or vehicle access within the City's Right of Way, and Grantee shall have no right
to interfere with the placement, operation, or maintenance of utilities in the Right of Way; Provided, that
such other uses shall not unreasonably infringe on Grantee's easement rights.
Following the initial construction of all or a portion of its systems, Grantee may, from time to
time, repair or maintain facilities within the Easement Area as it may require for such facilities. Grantee
shall have the right of access to the Easement Area over and across the Property to enable Grantee to
exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by
the exercise of such right of access by Grantee.
3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for
any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not
construct or maintain any buildings, structures or other objects that would adversely impact the
subsurface Easement Area without the prior written consent of the Grantee.
4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by
Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but
nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable
to the negligence of Grantor.
5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to
use the Easement Area for a period of five (5) successive years, in which event, this easement shall
terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to
or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to
have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within
any period of time from the date hereof.
6. Successors and Assigns. This easement and the covenants herein shall be covenants running
with the land and shall inure to the benefit of and be binding on the successors, heirs, and assigns of both
parties hereto, provided that Grantee's rights hereunder shall not be assigned to any other entity without
the prior written consent of Grantor which consent shall not be unreasonably withheld.
DATED this / day of G`C- be-v-- 2009.
GRANTubu City of r, on municipal corporation
BY: 1j
Attest:
(J
BY: rU C _
STATE OF WASHINGTON)
) ss.
COUNTY OF KING 1
On this e2~ hX day of 00 , 2009, before me, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Peter B. Lewis, and
Danielle E. Daskam to me known to be the Mayor and City Clerk of the City of Auburn, a municipal
corporation that executed the within and foregoing instrument, and acknowledged the same to be the free
and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned
and on oath stated that they are authorized to execute said instrument.
WITNESS my hand and official seal hereto affi d a t and year firs e'~e ' n.
NOTARY PUBLIC in and for the State of Washington,
Residing at A, h c<
My appointment expires
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Exhibit A
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For:
JOB NUMBER
HORIZOMA. 1•=60' VOMAL N/A
AUBURN PROFESSIONAL
13147
GHA(A 18315 72ND AVENUE SOUIN
a4 KENT WA 98032
(4255251-8223
PLAZA
1314n.OG8.00c
_ (425}251-6782 FAX
Title:
SHEET
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