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Home My WebLink About20090814001427 STORM DRAINAGE EASEMENT 050809Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 iiiiiiiiiiiiiiiiiiiiiillillililI 20090814001427 PACIFIC NW TIT EAS }PAGE-001 OF 006 08/14/2009 12:16 KING COUNTY, WA Above this line reserved for recording information. STORM DRAINAGE EASEMENT FAC06-0013 zee s-Z Reference # (if applicable): N/A Grantor/Borrower: Todd Duty Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW '/a of SW '/a of S32-T21N -R05E Assessor's Tax ParcelID#: 3221059011,3221059030,3221059037 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, Todd Duty 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 lines 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. Easement Area is reserved for the purpose of providing three drainage culvert connections across Evergreen Way SE. The westemmost culvert is a temporary storm drainage culvert crossing for offsite storm water runoff drainage across Evergreen Way SE until another crossing culvert becomes the permanent storm drainage culvert crossing and is approved by Grantee for conveyance of the offsite storm water across Evergreen Way SE and the culvert is abandoned in place. Upon final acceptance of the permanent storm facilities by the Grantee, the Grantor may request the relinquishment of the Easement for parcels 1 and 4. auitl r#xur~nx^te4j rih'as r+x?. hrt M, Storm Drainage Easement Culverts Page I of0 '74 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 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 drainage 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 storm drainage 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. Storm Drainage Easement Culverts Page 2 of 0 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this ~ day of 22119- / 2009. V"I- Grantor Grantor STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that -Tv-DD DU and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated NU I 0$, UA .~`~N\~RENE I1 4rr Nissiotil,, v ~~rq ~F'h,2 p < O ies; to $N~n LIG C 0 '1111 30 F ~pt1 2 l 11114SHIE1G~O Notary Public in and for the State of Washington Residing at ?WVZG cc My appointment expires Q?~~ 3D 2D Iz HS/tlb File: #1089A REF: H:ADevelopmentTroject\Kersey III\FAC06-0013\Legal Documents\2009 Storm Drainage Easement Culverts Page 3 of 6 EXHIBIT "A" LEGAL DESCRIPTION STORM DRAIN EASEMENT Parcels of land lying within the Southwest quarter of the Southwest quarter of Section 32, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington; Parcel 1: COMMENCING at the South Section corner common to Section 31 and said Section 32; THENCE along said common Section line, North 01° 58' 17" East, a distance of 530.25 feet to the Southerly right-of-way of Evergreen Way S.E.; THENCE the next five courses along said Southerly right-of-way: North 55° 07'37' East, a distance of 23.30 feet; THENCE South 34° 52' 23" East, a distance of 9.28 feet to the beginning of a curve, concave Northeasterly, having a radius of 682.50 feet and a central angle of 52° 18' 08'; THENCE Southeasterly along the arc of said curve to the left, a distance of 623.02 feet to a point to which a radial line bears South 020 49'29" West at the POINT OF BEGINNING; THENCE CONTINUING Easterly along said curve to the left, through a central angle of 01° 24' 53", a distance of 16.85 feet to a point to which a radial fine bears South 01° 24' 36" West; THENCE South 88° 35' 24" East, a distance of 3.26 feet to a point hereinafter referred to as POINT "A"; THENCE South 08° 0658" West, a distance of 84.17 feet; THENCE North 83° 01'00" West, a distance of 20.00 feet; THENCE North 08° 05'58" East, a distance of 82.43 feet to the POINT OF BEGINNING. Parcel 2: COMMENCING at previously described POINT "A"; THENCE South 88° 3524" East, a distance of 55.43 feet to the POINT OF BEGINNING; THENCE CONTINUING South 88° 35'24" East along said line, a distance of 15.00 feet, THENCE South 01° 24'36" West, a distance of 17.50 feet; THENCE North 88° 3624" West, a distance of 15.00 feet; THENCE North 01'24'36" East, a distance of 17.50 feet to the POINT OF BEGINNING. Parcel 3: COMMENCING at previously described POINT "A", THENCE South 88° 35' 24" East, a distance of 79.43 feet to the POINT OF BEGINNING; Project Name: Kersey III June 19, 2007 Revised: October 2, 2008 WRWijss 11394L.025.doc Exhibit: 11394EXH 7 5-STM.dwg:EX01 Page 1 of 2 Stomi Drainage Easement Culverts Page 4 of 0 THENCE CONTINUING South 88° 35' 24" East along said line, a distance of 15.00 feet, THENCE South 01' 24' 36" West, a distance of 17.50 feet, THENCE North 88° 35'24" West, a distance of 15.00 feet, THENCE North 01 ° 24'36" East, a distance of 17.50 feet to the POINT OF BEGINNING Parcel 4 COMMENCING at the South Section corner common to Section 31 and said Section 32; THENCE along said common Section line, North 01° 58' 17' East, a distance of 660.66 feet to the Northerly right-of-way of Evergreen Way S.E.; THENCE the next two courses along said Northerly right-of-way: South 34° 52' 23" East, a distance of 113.65 feet to the beginning of a curve, concave Northeasterly, having a radius of 627.50 feet and a central angle of 52` 45' 58"' THENCE Southeasterly along the arc of said curve to the left, a distance of 577.89 feet to a point to which a radial line bears South 02° 21'39" West at the POINT OF BEGINNING; THENCE North 08° 05' 58" East, a distance of 124.31 feet; THENCE South 81 ° 54' 02" East, a distance of 20.00 feet; THENCE South 08° 05' 58" West, a distance of 122.05 feet to a point on said northerly right-of-way and a point hereinafter referred to as POINT "S', THENCE along said right-of way, North 88° 35' 24" West, a distance of 9,71 feet to the beginning of a curve, concave Northerly, having a radius of 627.50 feet and a central angle of 00° 57' 03" THENCE Westerly along said right-of-way and the arc of said curve to the right, a distance of 10.41 feet to the POINT OF BEGINNING. Parcel 5 COMMENCING at previously described POINT "B"; THENCE South 88° 3524" East, a distance of 48.98 feet to the POINT OF BEGINNING, THENCE North 01° 24' 36" East, a distance of 17.50 feet; THENCE South 88° 35' 24" East, a distance of 15.00 feet, THENCE South 01 ° 24' 36" West, a distance of 17.50 feet, THENCE North 88° 35' 24" West, a distance of 15.00 feet to the POINT OF BEGINNING. Parcel 6 COMMENCING at previously described POINT "B"; THENCE South 88° 35'24" East, a distance of 72.98 feet to the POINT OF BEGINNING, THENCE North 01° 24' 36" East, a distance of 17.50 feet; THENCE South 88° 35' 24" East, a distance of 15.00 feet, THENCE South 01' 24'36" West, a distance of 17.50 feet; THENCE North 88° 35'24" West, a distance of 15.00 feet to the POINT OF BEGINNING. Project Name: Kersey It June 19, 2007 Revised: October 2, 2008 WRWfjss 11394L.025.doc Exhibit: 11394 EXH 15-S TM. dwg: EX0 t Page 2 of 2 Storm Drainage Easement Culverts Page 5 of 6 EXHIBIT B ZW 55' 1 MI~ J w N v.. OSL[ t (n. ` OSLI rr~.o >ZlON° = S 19£,4Z.1ON 39£42c- N ~ N Z + d ~SZ a = s1 OR sY r~ ,DSc{ m = ~ M;/m zsgso.90A N Oi 0 n] . -IT C5 ^ d ` `i ,Ll 7B ' W 1 f47~Z-C;(a) M sI r 0 b v N M Z O w va 1~ r. I` p 5 M N ~ rn N N N _ WEST L, 30.530.25 N01'58'17"E 660.66' Scale., ror., Job Number Horizontal 1 100' Vertical NA 11394 G~{qv 18215 72ND AVENUE SOUTH KERSEY III ~(425)251-6222 V"AGGlXe KENT, WA 98032 Sheet (425)251-8782 FAX Title. $CIVIL ENGINEERING. LAND STORM DRAINAGE ENENVIRONMENTAL NG, SURVS1ENG, EASEMENT EXHIBIT. 1 at Desioned Drawn SIRE I Checked _ Aonroved W : Vd hnM 06-18-07 Storm Drainage Easement Culverts Page 6 of 6