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Home My WebLink About20101109001919 WATER EASEMENT 110910 Return Address: City of Auburn City Clerk { 1111111 11111 11111111i III II 25 West Main 20101109001919 Auburn,WA 98001 MCCULLOUGH HIL EA5 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/Borrower: Glimcher Supermall Venture, LLC, Auburn 400 Retail Park Owners Association, Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 1/4 S24, T21, RO4E qr.? Assessor's Tax Parcel ID#: 242104-9076, 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, Glimcher Supermall Venture, LLC and 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 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. 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 EXCISE TAX NOT REQUIRED Dina ' : 'r_fris Division 1344587.1 Water Easement#2-9/29/2010 1 k'g 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. 1344587.1 Water Easement#2-9/29/2010 2 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this /p day of 0vi-db , 2010. GLIMCHER SUPERMALL VENTURE,LLC, a Delaware limited liability company By: Glimcher Auburn, Inc., a Delaware corporation, its Managing Member By: Name: George A Schmidt Title: Executive Vice President Chief Investment Officer STATE OF OHIO ) )ss. COUNTY OF FRANKLIN ) The forgoing instrument was acknowledged before me this G day of 00 {db& , 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. TARY PUDIC in and for the S OW Ohio, q t � . ;Ai°eELl r .(;+��JF t iGi t f iding at t , r �blsc:, 4hta My commission expires L-' ?�` 7013 ,� ^,i nIcF.. I:r�s 6-28-241 mistrok 1344587.1 Water Easement#2-9/29/2010 3 IN WITNESS WHEREO :aid corpo .tion . caused this instrument to be executed by its proper officer(s)this a day of : ,2010. AUBURN 400 RETAIL PARK OWNERS' ASSOCIATION,a Washington non-profit corporation 6(1/6-6/d/(e N. ...,:..,_: o D C. NcGiGq/4cq Its: authorized authorized a l ent ��.. r i J State of t)ash Iv)) )ss. County of %A ) On this I$ day of 544 ,2010 before me, a notary public, personally appeared 3-6411\ C. Mc-C,!I O ca ,e h ,the ot.1clk.e.k e a ' f r c of AUBURN 400 RETAIL PARK OWWNERS' 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. Cii ∎ C. eS�°°'$� 18S/Q��os1`'9 °/®, WITNESS my hand and official seal. i ,C sI Tri% cr) e a 7r.;. jam! 'Q �S 0:20411...„ *lb �'sa � 13 `n? Notary Pu lic ien-etr fe! l'4/4wVy Commission Expires: —! 9—/ Water Easement Page 4 of 8 EXHIBIT A WATERLINE EASEMENT W2 DESCRIPTION THOSE PORTIONS OF TRACT A OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05-0014, RECORDED UNDER RECORDING NO. 2009006900002 , RECORDS OF KING COUNTY, WASHINGTON, AND LOT A OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05-0016, RECORDED UNDER RECORDING NO. 2009006900003 , RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN STRIPS OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE EASEMENT CENTERLINES DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF TRACT A OF SAID CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05-0014; THENCE SOUTH 10°21'40" WEST 25.85 FEET ALONG THE WESTERLY LINE OF SAID TRACT A TO HEREINAFTER REFERRED "POINT A", AND TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79°38'20" WEST 5.50 FEET ALONG SAID EASEMENT CENTERLINE TO THE EASTERLY LINE OF THAT CERTAIN 20 FOOT EASEMENT GRANTED BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 9508302012, AND TO THE TERMINUS OF SAID EASEMENT CENTERLINE DESCRIBED HEREIN; ALSO COMMENCING AT AFOREMENTIONED "POINT A"; THENCE SOUTH 10°21'40" WEST 273.50 FEET ALONG THE WESTERLY LINE OF SAID TRACT A; THENCE SOUTH 79°38'20" EAST 5.50 FEET ALONG SAID EASEMENT CENTERLINE TO THE TRUE POINT OF BEGINNING; THENCE NORTH 79°38'20" WEST 15.50 FEET ALONG SAID EASEMENT CENTERLINE TO THE EASTERLY LINE OF THAT CERTAIN 20 FOOT EASEMENT GRANTED BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 9508302012, AND TO THE TERMINUS OF SAID EASEMENT CENTERLINE DESCRIBED HEREIN; THE SIDELINES OF THESE EASEMENTS TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE EAST LINE OF SAID 20 FOOT EASEMENT. SITUATE IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. Iu�WI�SS BCRA SUPERMALL it �TA*1 JOHANN G. WASSERMANN, P.L.S. ..O 4APRILOB3NO. 2004210.08 4 ■ REV ISED JUNE 2, 2009 iihilik''. =-�: BUSH, ROED & HITCHINGS, INC. 1J1D 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 1344587.1 Water Easement#2-9/29/2010 5 EXHIBIT B 1$ 9 J N Q 3 Y W N Ark W Q y „ 1 [.. fit:'I, 4,', ''. , pt.:" iti 1 LSO* z , 9 t f E P. a rcr I on 4 ' mr .Era r 17 3 2 41% '1 i m r' . r i 1 "0r" M oaf ; rg m 21 y 0 O~ N 7°�c , 1!�, 01 0 c P l�j -4 O 0c 4kb 1 }' ! o" �► v 73 —I ril• 1 z I i ab a t z j t. r.. oa I X. rn 1471; °"-" .,i, / ''i o ° 1 llg 2 15I r ' ' ' °t 4 N m p ¶ TL5cY 2 r I I I a .,: ;'8 .rn I /13111I°15t 1 1 j w5 rt rn O p a. W iI) 1344587.1 Water Easement#2-9/29/2010 6