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HomeMy WebLinkAbout20130621000925 SANITARY SEWER AND STORM DRAIN EASEMENT 06/19/2013Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 KING 1210 925 75 00 EXCISE TAX NOT REQUMED King Co. Records eputy Above this line reserved for recording infonna[ion. _ SANITARY SEWER AND STORM DRAINAGE EASEMENT FAC GRA12 -006 Grantor- Auburn North Partners, LLC Grantee: 7- Eleven, Inc. Legal Description /STR. Section 18, Township 21 and Range 05 EWM Assessor's Tax ParcellD #- 182105- 9317 -09 - 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 North Partners, LLC hereby conveys and warrants to the 7- Eleven, Inc., a Texas Corporation. Grantee herein, it 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 and strom sewer AND APPURTENANCES THEREOF, said Easement Area being a portion of the above - designated Tax Parcel ( "Parent Parcel "), and described as follows: THE NORTH TWELVE (12) FEET OF THE WEST EIGHTY (80) FEET OF PARCEL B OF AUBURN LLA #BLA10 -0009, RECORDING #20110329900001. KING COUNTY, WASHINGTON 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. Easement Page I of 3 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 till material be placed within the boundaries of said Easement Area, without the express written consent of the Grantor No excavation shall be made within three (3) fee of said sanitary or storm service facilities and the surface level of the ground within the Easement Area shalt be maintained at the elevation as currently existing. Said Grantor grants to 7- Eleven, Inc. 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, 7- Eleven, Int.'s right of ingress and egress shall include such other areas within the Parent Parcel as 7- Eleven, Inc. 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, 7- Eleven, Inc. 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 7- Eleven, Inc. or its agents. Said Grantor additionally grants to 7- Eleven, Inc., 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 or 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, 7- Eleven, Inc. 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 7- Eleven. Inc 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 7- Eleven, Int.'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 2ot3 f IN WITNESS WHEREOF, Auburn North Partners, LLC has caused this instrument to be executed by its proper officer(s) this Zg_ day of o, // 2013 i Member Manager �-t A� Member Manager STATE OF WASHINGTON) ) SS COUNTY OF KING ) This is to certify that on this day of /�, before me the undersigned, a Notary Public in and for the State of Washington, duly signed, commissioned and qualified, personally appeared,<Wd iy. Pow FtiF(rt��A A. /�O�SNY5! �• to me known to be the authorized representatives of AUBURN NORTH PARTNERS LLC and who executed the within and foregoing instrument, and acknowledged to me that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. Easement Page 3 o 3 it ay Notary ublic in and for the S to of �(ll Washington residing at: �� My Commission expires: [ &111.'