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Home My WebLink About20101109001922 WATER EASEMENT 110910 Return Address: City of Auburn City Clerk 111 11 I 1111 111 1111 11 I 11 25 West Main Auburn,WA 98001 20101109001922 MCCULLOUGH HIL EAS 67.00 PAGE-001 OF 006 11/09/2010 15:16 KING COUNTY, WA Above this line reserved for recording information. WATER EASEMENT FAC08-0002 Reference# (if applicable): N/A Grantor: Wal-Mart Stores, Inc, Glimcher Supermall Venture, LLC, Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW'/4 S13, T21, RO4E ` 1 6'1 Assessor's Tax Parcel ID#: 242104-9076,132104-9114 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, Wal-Mart Stores, Inc and Glimcher Supermall Venture, 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 ("Easement Area") for the purpose of laying, maintaining, and installing a 12 inch water 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 litA REQUIRES; King Co, e,or 4 , vision By sooty IN Poiret- MYK:fth 1067164.2 9/29/2010 1 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 water 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 water 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. MYK:fth 1067164.2 9/29/2010 2 IN WITNESS WHEREOF, said c or tin has caused this instrument to be executed by its proper officer(s)this jib-day of , 2010. WAL-MART 0.'O ' ,IN ., a Delaware co ,• t By: i Frank . Pampalone Its: Direc 1•r of Design State of Arkansas County of Benton The foregoing instrument was acknowledged before me this /gti—day of , 2010, by Frank V. Pampalone, Director of Design of Wal-Mart Stores, Inc., a Delaware corporation, on behalf of the corporation. (Seal and Expiration Date) Ilk:L J.! 4 J/i i. Jane Bennett Ng, Public County of Benton Notary Public-Arkansas My Commission Exp.03/13/2012 MYK:fth 1067164.2 9/29/2010 3 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this o day of Qcfo b f- , 2010. GLIMCHER SUPERMALL VENTURE,LLC, a Delaware limited liability company By: Glimcher Auburn, Inc., a Delaware corporation, its Managing Memb r By: . Name: George A. Schmidt Title:Executive Vice President and Chief Investment Officer STATE OF OHIO ) )ss. COUNTY OF FRANKLIN ) The forgoing instrument was acknowledged before me this G day of Qcfu bt , 2010, by George A. Schmidt, as Executive Vice President, Chief Investment Officer of Glimcher Auburn, Inc., a Delaware corporation,the Managing Member of Glimcher Supermall Venture, LLC, a Delaware limited liability company, on behalf of the company. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. OdAdi ca' � N 7 TARY PU LI ' in and for t g State of Ohio, � I% 3AhtELLE R.C,OURTRIGHT /lding, *= iotary Public,State of Ohio at c/Ca wa�c. t U - " ,�8 `- «` ' C� Commission Expires 6-2820 _�, ; ;_.�,�p ti®� � y commission expires 6 '.2$ 'a0/3 11�e„�y�,\ti MYK:fth 1067164.2 9/29/2010 4 EXHIBIT A THOSE PORTIONS OF LOT A AND OE' LOT 4 OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05-0016, RECORDED UNDER RECORDING NO. 2009006900003, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE WATERLINE EASEMENT DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 9311031161, THENCE NORTH 81°20'15" EAST 7.23 FEET ALONG THE SOUTHERLY MARGIN THEREOF; THENCE SOUTH 00°31'57" EAST 78.88 FEET; THENCE SOUTH 89°28'03" WEST 93.93 FEET; THENCE SOUTH 00°31'57" EAST 177.54 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE CONTINUING SOUTH 00°31'57" EAST 91.39 FEET; THENCE SOUTH 21°58'03" WEST 25.36 FEET TO THE CENTER OF AN EXISTING WATER MAIN, AN EASEMENT OF UNSPECIFIED WIDTH FOR WHICH WAS GRANTED BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 9508302012, AND TO HEREINAFTER REFERRED POINT "A"; SAID POINT BEING THE TERMINUS OF SAID EASEMENT CENTERLINE; ALSO COMMENCING AT AFOREMENTIONED POINT "A"; THENCE SOUTH 62°25'32" EAST 21.15 FEET ALONG SAID EXISTING WATER MAIN TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE SOUTH 27°34'28" WEST 32.70 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE; THE SIDELINES OF THIS EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE IN SAID EXISTING WATER MAIN CENTERLINE. SITTTATF. TT4F. C`.TTY OF AUBURN, KING COUNTY, WASHINGTON. i 44, BCRA ARCHITECTS b r44;TWASs .. • 9 SUPERMALL - JOHANN G. WASSERMAN, P.L.S. BRH JOB N0. 2004210.08 APRIL 29, 2009 REVISED JUNE 3, 2009 BUSH, ROED & HITCHINGS,INC. T 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 MYK:fth 1067164.2 9/29/2010 5 EXHIBIT B g°R°18 I ,s 7,23' .... "....7,_ 30'WATERLINE EASEMENT .181'20.16E PER REC.NO.9311031161 S.W.CORNER EASEMENT PER REC.NO.9311031161F''To ir. S89'26'O3•W 93:93' PROPOSED WATERUNE 1 LOT 4 r LLA 00-0016 N I `� /--T.P.O.B. so 0 60 �"\....... / SCALE _6C' IN PEST `t "\ Ia I \ \ Ili.21 LOT A----\` 821°68'03"W INI I LLA 05-0016 \-.` 26.36' \ -.� F+--15' 962°1253rE EXIST.WATERUNE }rT,s' /��1 J T.P.O.B. y // W / 20'WATERUNE EASEMENT 7 /4. /�^ �. - 1 PER REC.NO.9506302012 ////POINT"A' y ,G�`` \ `LL l0* dowin / 3273T 70"W /��" ``` wAs,,,O. N N T � `a BUSH,ROED&HITCHINGS,INC. % " CIVIL ENGINEERS&LAND SURVEYORS 2009 MINOR AVE.E. (206)323-4144 % /° AIL IANC SEATTLE,WA 98102-3513 , BRH JOB NO.2004210.REVISED 6-3-09 MYK:fth 1067164.2 9/29/2010 6