HomeMy WebLinkAbout20101210000745 SANITARY SEWER EASEMENT 121010 111 1 111 I II 1 11 11111 111 1 11
Return Address: 20101210000745
City of Auburn MCCULLOUGH HIL EAS 66.00
PAGE-001 OF 005
City Clerk 12/10/2010 11:45
25 West Main KING COUNTY, WA
Auburn, WA 98001
Above this line reserved for recording information.
SANITARY SEWER EASEMENT - 51
FAC05-0021
Reference # (if applicable): N/A
Grantor/Borrower: Wal-Mart Stores, Inc,
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW 1/4 13-21-04 ('
Assessor's Tax Parcel ID#: 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, a Delaware corporation 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 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.
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
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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.
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,
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its
proper officer(s) this/ .day of`_frt_ , .2_, 2010.
WAL-MART 'TOILE IN ., a
Delaware corpo .do
By: -
Frank V. Pampalone
Its: Director of Design
State of Arkansas
County of Benton
The foregoing instrument was acknowledged before me this /5 ,day of
1-t3 0:02A) 2010, by Frank V. Pampalone, Director of Design of Wal-Mart Stores, Inc.,
a De aware corporation, on behalf of the corporation.
(Seal and Expiration Date)
. ilk/., _ Atri . *
Jane Bennett Not.if Public
' County of Benton
Notary Public-Arkansas
My Commission Exp.03/13/2012
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EXHIBIT A
Sanitary Easement Description
THAT PORTION OF LOT 4 OF THAT CITY OF AUBURN LOT LINE
ADJUSTMENT NUMBER LLA 05-0016, RECORDING NUMBER
20091006900003, RECORDS OF KING COUNTY, WASHINGTON, LYING
WITHIN A STRIP OF LAND, 20.00 FEET WIDE, HAVING 10.00 FEET OF
SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00°31'57" EAST ALONG THE EAST LINE OF SAID LOT 4,
A DISTANCE OF 433.13 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°28'00" WEST 48.67 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A";
THENCE NORTH 00°31'57" WEST 308.25 FEET;
THENCE SOUTH 89°28'03" WEST 296.33 FEET TO A TERMINUS OF THIS
DESCRIBED CENTERLINE;
ALSO, BEGINNING AT HEREINBEFORE DESCRIBED POINT "A";
THENCE SOUTH 00°31'57" EAST 176.32 FEET TO A TERMINUS OF THIS
DESCRIBED CENTERLINE;
THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR
LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE AT SAID
EAST LINE OF LOT 4;
THE ABOVE DESCRIBED PARCEL CONTAINING 16,391 SQUARE FEET
(0.3763 ACRES) , MORE OR LESS;
SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON.
�,;,,..»•`/O• // WAL-MART INC.
RSHAL AUBURN FUELLING STATION
�S OF Hoc JAMES M HARPER, P.L.S.
r ; BRH JOB NO. 2004210.03
OCTOBER 10, 2010
� °c k
O r., 44534 / -
siR • ■ BUSH, ROED & HITCHINGS,INC.
aLL:NVS ` 2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
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EXHIBIT B
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SANITARY EASEMENT EXHIBIT
OF W /
PREPARED FOR: WAL-MART INC. " �```:...���,
PROJECT: AUBURN FUELLING STATION :s '
PA�+—�1 BUSH,ROED&HITCHINGS,INC. ' y
CIVIL ENGINEERS&LAND SURVEYORS ;# FS •' .>• -
-2009 MINOR AVE.E. (206)323-4144 `./04, Low)BRH BRH,JOB. NO 2004210 013 10-11-2010
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