HomeMy WebLinkAbout20101109001920 SEWER EASEMENT 110910 Return Address:
City of Auburn
City Clerk
25 West Main 20101 109001 920
Auburn,WA 98001 MCCULLOUGH HIL EAS
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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
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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.
Sewer Easement
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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.
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.°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
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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
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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
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t L'
' T.P.O.B.
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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.:>
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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
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