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Home My WebLink About20100902000253 STORM WATER EASEMENT 090210 Return Address: 01 11 m City of Auburn City Clerk 25 West Main Auburn,WA 98001 20100902000253 PACIFIC NW TIT EAS 66.00 PAGE-001 OF 005 09/02/2010 11:18 KING COUNTY, WA Above this line reserved for recording information. STORM SEWER EASEMENT PAGE �3{ � � Y 31 L GRA05-0030 i `' 1 G'`/ Reference#(if applicable): N/A V��( Grantor/Borrower: Colby R.E.,LLC Grantee/Assignee/Beneficiary: City of Auburn 04=7, Legal Description/STR: W 1/2-23-21-04 Assessor's Tax Parcel ID#: 375160-0727,375160-0713 ' 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, Colby R.E., 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 18-inch SDR 17 HDPE Storm Drainage Line 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 docurnents(s) wort tiled f : record by Pa^i 5t; Northwest Titie 4; An sRcca;,;.irif.' 3J)r('t li has nut been Easement examined . to execution or Page 1 of 5 is to its erect upon tittle, EXCISE TAB Ikl)},. REQUIRED King C. .in Division 541a110-12V114/6‘44 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 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. Easement Page 2 of 5 IN WITNESS WHEREOF aid corporation has caused this instrument to be executed by its proper officer(s)this )tt'— day of 5L.,—,be , 2010.1...vr--- /0,1v --ft-i AP Aut r zed S1 Signature 4,0'444 ' g yStGB1.�G Authorized Signature yi NII OS-14,', e ANN O°��WH, STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Q,oei*, VI 50 it_c.11 and is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the ow..k\novvze-a sl.n.e r of C.000 4 ?-,E., LL-C a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated o 6- l8- k0 &t at& 3 . Cross Notary Public in and for the State of Washington Residing at C3&Tktal_ My appointment expires o'f'01- N MAB/tlb File: #1076A REF:H:\Development\Projects\Jovita Heights\FAC06-0029 Jovita Heights\Legal Documents\2010 Easement Page 3of5 EXHIBIT"A" THAT PORTION OF REVISED LOT 4 OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-01-0007, RECORDED UNDER RECORDING NO.20011106001193,IN KING COUNTY,WASHINGTON,AND THAT PORTION OF REVISED LOT 2 OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-04-0018, RECORDED UNDER RECORDING NO.20041115002495,IN KING COUNTY,WASHINGTON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID REVISED LOT 2;THENCE SOUTH 88°54'38"EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 367.14 FEET TO THE NORTHEAST CORNER OF SAID REVISED LOT 2;THENCE SOUTH 01°07'09"WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 362.16 FEET;THENCE NORTH 88°52'51"WEST A DISTANCE OF 92.03 FEET;THENCE SOUTH 28°08'35"WEST A DISTANCE OF 19.90 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 56°57'11"WEST A DISTANCE OF 63.70 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 215.00 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°47'19"A DISTANCE OF 119.29 FEET;THENCE NORTH 88°44'30"WEST A DISTANCE OF 396.87 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE FROM WHICH THE RADIUS POINT BEARS SOUTH 41°09'32"WEST A DISTANCE OF 35.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°15'44"A DISTANCE OF 33.76 FEET; THENCE SOUTH 88°44'30"EAST A DISTANCE OF 384.46 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 185.00 FEET;THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°47'19"A DISTANCE OF 102.64 FEET;THENCE SOUTH 56°57'11"EAST A DISTANCE OF 66.28 FEET;THENCE NORTH 28°08'35"EAST A DISTANCE OF 30.11 FEET TO THE POINT OF BEGINNING. rer. , , ,?4,10 , ... t../r4t.,.. 1 . , ii-;ar.-!1:" kt ?- el" Q:\2009\209307\50_5UR\NON CAD\LegaIA\STORM_ESMT_LEGAL.doa Easement Page 4 of 5 EXHIBIT "B" co o �� • P ° y�GO' LOT 1, AUBURN 75 to \' LLA-01-0007 76 80 78 77 S 88'54'35" E 367.14' i 81 co 86 TRACT F 82 LOT 4, AUBURN LOT 2, AUBURN 83 LLA-01-0007 LLA-04-0018 co o __ 87 M o 84 DJ p 1— RADIAL o 85 0 41'09'32" W L4 ±—_,`/ 3 346TH ST L5 i ——'""F"C < ry L1 •� •107 i 3 x<6,y--, T.P.O.B. I I TRACT'G' LINE TABLE LINE LENGTH BEARING L1 92.03 N88'52'51"W L2 19.90 S28'08'35"W L3 63.70 N56'57'11"W L4 396.87 N88'44'30"W L5 384.46 S88'44'30"E L6 66.28 S56'57'11"E L7 30.11 N28'08'35"E CURVE TABLE CURVE LENGTH RADIUS DELTA I !1 C1 119.29 215.00 31'47'19" C2 33.76 35.00 5515'44" H 1"=150' - C3 102.64 185.00 31'47'19" n n 11E33 D �L TACOMA • SEATTLE JOB NO. 209307.50 2215 North 30th Street,Suite 300,Tacoma,WA 98403 253.383.2422 TEL March 30, 2010 1200 Sixth Avenue,Suite 1620,Seattle,WA 98101 206.267.2425 TEL STORM EASEMENT THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION LEGAL BY: BD EXHIBIT BY TAD OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE w:\sdskprot\2009\209307\dwg\storm exhlblt.dwg LEGAL DESCRIPTION SHALL PREVAIL Easement Page 5 of 5