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Home My WebLink About20101109001920 SEWER EASEMENT 110910 Return Address: City of Auburn City Clerk 25 West Main 20101 109001 920 Auburn,WA 98001 MCCULLOUGH HIL EAS PAGE-001 OF 005 66.00 11/09/2010 15:16 KING COUNTY, WA Above this line reserved for recording information. SEWER EASEMENT FAC08-0002 Reference#(if applicable): N/A Grantor/Borrower: Auburn 400 Retail Park Owners Association Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 1/4 S24,T21,RO4E Assessor's Tax Parcel ID#: 242104-9088 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, Auburn 400 Retail Park Owners Association 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 an 8-Inch Sanitary Sewer Main_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. EXCISE TAX NOT REQUIRED Sewer Easement King Co q:›cortU Division Page 1 of 5 r 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. Sewer Easement Page 2 of 5 IN WITNESS WHEREO aid corpora'on has caused this instrument to be executed by its proper officer(s)this ( day of ,2010. AUBURN 400 RETAIL PARK OWNERS' ASSOCIATION,a Washington non-profit corporation By: .( . N: •�,�-___' _;:...�.......,_: 0 �'AVl(Zang �i Its:a rized agent R/t R( ire S ,� State of ' t. :'l+, )ss. County of tit' ) On this /? day o ju 11 2010, before me, a notary public, personally appeared 'Soh A L.• u.c 014 ,the s , _ ' ! 44- of AUBURN 400 RETAIL PARK O' RS' ASSOCIATION, a Washington non-profit corporation,on behalf of such company personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and this by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. `azzo\1\i9tEttRiRRR C' @ �0glQF�rr� igs! WITNESS my hand and official seal. �C t mss q ' .°14 J41) �ia� 'to = = Notary Public �r4- `�ro`"d ap�, �C3-`4 �c�sLO.: Pe S R�a'tl 4/ K/kRGSt n nission Expires: 7 i g.l3 MABltlb File: # 1198 REF.H:\Development\Projects\Wal-Mart Supercenter\FAC08-0002—Wal-Mart Supercenter\Legal Documents\ Sewer 1 Easement 2009.DOC Sewer Easement Page 3 of 5 EXHIBIT A THAT PORTION OF TRACT A OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05-0014, RECORDED UNDER RECORDING NO. 2009006900002, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 20.00 FEET IN WIDTH, HAVING 10.00 FEET ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A, THENCE SOUTH 89°45'30" WEST 19.09 FEET ALONG THE SOUTH LINE THEREOF; THENCE NORTH 00°30'23" WEST 48.31 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE CONTINUING NORTH 00°30'23" WEST 309.82 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF. SITUATE IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. 1 ' BCRA WAS 4 SUPERMALL °,Tt.'. No, JOHANN G. WASSERMANN, P.L.S. BRH JOB NO. 2004210.08 ' 4 _ I AZ APRIL 23, 2009 BUSH, ROED & HITCHINGS, INC. IIIII1Ni , �.. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 1066623.2 7/21/2009 4 EXHIBIT B O rTt.t'- er l Rzt Is 2 'i EXISTING SEWER I MANHOLE Qo i LOT6 1c 1 1 i LLA 05-0014 I F- 1 a� r LOT N LOT A LLA 05-0014 LLA 05-0016 12, il b i 1 5SC -- So +- I- 10' LOT 7B SCALE 1-=50' �' I LLA 00-0021 --.1 1---20' i 1 EXISTING SEWER ` 1 MANHOLE 1 1 -------.1— t L' ' T.P.O.B. a• b �-i 41`�1'G wr--- "' ;_19.01• %`! ,b VYASg� �• Z `,;:'- ; S.E.COR.TRACT A -\��r 1? t"i� S89°+L5.3O"W r , 4 LOT 7 ILLA 00-0021,. ,139 0.. ' >1.:> ,; - r CO IhiuiiP.,P �, &" Q Q Z r B H BUSH,ROED&HITCHINGS,.INC. CIVIL ENGINEERS&LAND SURVEYORS 2009 MINOR AVE.E. (206)323-4144 SEATTLE,WA 98102-3513 BRH JOB NO 2004210.08 4-22-09 Sewer Easement Page 5 of 5