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HomeMy WebLinkAbout20120309001484 WATER EASEMENT 02/21/2011Return Address: City oAubum �IM� IIIIIIIII IIIIIIIIII IIVIIIII 111111 III VIII III City Clerk 25 West Main 20120309001484 Auburn, WA 98001 FIRST ERS 67 00 PAGE-001 01 OF OF 00 006 03/09/2012 16 07 KING COUNTY, UR Above this line reserved for recording information. WATER EASEMENT FAC10 -0011 N/A Grantor/Borrower: L.L.K. Inc. Grantor/Borrower S &B Hospitality LLC GranteeJAssigneeBeneficiary- CityofAuburn Legal Description/STR. SW' /.SW' /.S18— T21N —R5E Assessor's Tax Parcel ID #, 182105-9027&182105-9253 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 Grantors herein, Grantors. L.L.K. Inc. and S &B Hospitality LLC hereby convey and warrant 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 properties ( "Easement Area ") for the purpose of laying, maintaining, and installing 585 LF of water main AND APPURTENANCES THEREOF, said Easement Area being a portion of the above- designated Tax Parcels ( "Parent Parcels "), 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. Easement Page I of 6 CaTR`1Y.vt R XJUDDr, ON ISoId.AABIIBP°Km;mxu: ffYAM /UK fhO- 4, CyA TTR",II)BYTr!F0t'AA1VdPAN TT7 F M'" �,r -, "W Said Grantors 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, Grantors 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 shalt be maintained at the elevation as currently existing. Said Grantors grant 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 Parcels. 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 Parcels as the City determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcels' boundaries. In the case of any damage or disruption to either of the Parent Parcels, 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 Grantors additionally grant 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 either of the Parent Parcels, 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 hcrein, Grantors shall not convey to a third party any easement or other right of usage in the Parent Parcels that would impair or limit the City's use of the Easement Area. This Easement shall be a covenant running with the Parent Parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 2 of 6 IN WITNESS WHEREOF, said corporation, L.L.K. Inc., in representation of the portion of said water easement located within parcel 182105-9Q27 has caused this instrument to be executed by its proper officer(s) this day of 2011 Aut onze Stgdatu (a ate Authorized Signature Date STATE OF Wkishtrtk -) ) ss COUNTY OF �tCti uv�q ) I certify that I know or have satisfactory evidence that and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath tated that they were authorized to execute the instrument and acknowledged it as the �YE�SIC�Q t1 \ and of 1 L k a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated �D of 1 Qn i \ ``ttttturrrrrrrr \�R CAq�TO''/ V ca, \ - \ car \Nor Notary Public in and for the State MY Comm. Explrae ' Residing at lagkacva � ur t� 0 ; April 01.2018 ��` My appointment expires 1ADr11 O1 ra0 11 3 Easement Page 3 of 6 IN' WITNESS WHEREOF, said corporation, S &B Hospitality LLC, in representation of the portion of said water easement located within parcel 182105 -9253 has caused this instrument to be executed by its proper officer(s) this _) day of F- Eh Ctt42;I. 2011 Authorized Signature Authorized Signature ° STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certiA, I have know or have satisfactory evidence - that —,D—r I-,p L 6 nh o—1 h F i ni F P S a h n 1 is /are the erson(s) who appeared before me, and said person(s) acknowledged that he /sh7they sinstrument on oath stated that he /she /they was /were authorized to execute the instrument and acknowledge as the M aril 4- ,-P— & A) e_n� Lp a of �S ' S 1l�Sa !i f l LL a limited liability company, to be the free and voluntary act f such p for the uses and purposes mentioned in the instrument. Dated /�� /f( Residing at 1,� Lk", 0 0 Lt My appointment expires i HS /tlb File. 41305 AEF H:\DeivIopmenfProjects\La Quinta Inn aka Sleep IMIFACI0 -0011 La Quinta lnn\Legal Documents 2011 Easement Page 4 of 6 EXHIBIT A UTILITIES EASEMENT DESCRIPTION A STRIP OF LAND 15 FEET IN WIDTH OVER A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF AUBURN, KING COUNTY, WASHINGTON, LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERUNE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 09'21'11' EAST ALONG THE WEST LINE THEREOF, A DISTANCE OF 416 19 FEET TO THE CENTERLINE OF 61X STREET SOUTHEAST AS PER RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 20040315900004; THENCE NORTH 89 °22'45' EAST ALONG SAID CENTERLINE. A DISTANCE OF 33047 FEET, THENCE NORTH 01`38'10' WEST 30,00 FEET TO THE NORTHERN MARGIN OF 6'" STREET SOUTHEASTAND THE POINT OF BEGINNING, THENCE CONTINUING NORTH 01 °38'10' WEST 3.94 FEET; THENCE NORTH 45 °37'15' WEST, 37.44 FEET, THENCE NORTH 00 °37'15' WEST, 153.07 FEET THENCE NORTH 89 °22'45 EAST, 15.61 FEET TO A POINT HEREINAFTER KNOWN AS REFERENCE POINT'A', THENCE CONTINUING NORTH 89 °22'45' EAST, 153.77 FEET TO A POINT HEREINAFTER KNOWN AS REFERENCE POINT'B' THENCE CONTINUING NORTH 89 °22'45" EAST, 11.02 FEET THENCE SOUTH 00 °37'15' EAST 128.59 FEET TO A POINT HEREINAFTER KNOWN AS REFERENCE POINT'C'; THENCE CONTINUING SOUTH 00 °37'1 S' EAST, 10.71 FEET; THENCE SOUTH 45'3T15' EAST, 37.25 FEET THENCE SOUTH 00 °37'15' EAST, 34.38 FEET TO THE TERMINUS OF THIS DESCRIBED LINE THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED AS NEEDED TO INTERSECT EACH OTHER AT ALL AI4GLE POINTS AND THE NORTHERLY MARGIN OF 6'" STREET SOUTHEAST TOGETHER WITH STRIPS OF LAND 15 FEET IN WIDTH LYING 7 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES, BEGINNING AT AFOREMENTIONED REFERENCE POINT'A'; THENCE NORTH 00 °37'15" WEST, 33 53 FEET TO THE TERMINUS OF THIS DESCRIBED CENTER LINE; ALSO BEGINNING AT AFOREMENTIONED REFERENCE POINT'S'; THENCE NORTH 00 °31'15' WEST, 39 69 FEET TO THE TERMINUS OF THIS DESCRIBED CENTER LINE, ALSO BEGINNING AT AFOREMENTIONED REFERENCE POINT'C', THENCE SOUTH 89°2245° WEST, 20.84 FEET TO THE TERMINUS OF THIS DESCRIBED CENTER LINE, THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED AS NEEDED TO INTERSECT EACH OTHER AT ALL ANGLE POINTS THE INTENT OF THIS LEGAL DESCRIPTION IS TO DESCRIBE AN EASEMENT OVER THE UTILITIES TO BE BUILT WITHIN SAID EASEMENT ACTUAL EASEMENT SHALL BE CENTERED UPON THE UTILITY LINE AS CONSTRUCTED -bv�y o e 4 yF� i 'c��1 ea2 •' � /�i/ +S�4N `9'fE�• MELVIN F GARLAND, P.L.S. WASHINGTON STATE REGISTRATION NO. 18902 pi p�p44}} 26015Wh 35`" Stlee SUih 200, Tam,,, WashlNWp 9°&109 ABdq (235)473 -4494 Faz:(253)473 -0599 ^'^�'�^ Fa menl Page 5 of 6 EXHIBIT B A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18. TOWNSHIP 21 NORTH• RANGE 5 EAST. OF THE WIUAMETTE MERIDIAN CITY OF AUBURN, RING COUNTY. WASHINGTON STATE ROUTE 18 P d �1 REFERENCE I ^y POWT 'A' V' L8 s Lam PONT 8' PARCEL 8 LA -05-004 O 1s, re SEC. NO. 20050321002152 75'. rrP PARCEL NO. 1821059253 z ¢w Q FEIWTi'CE PONi 'G 4. ❑1 ID ? U U ml xmse'lowl RO.B I S000* l i 6TH STREET SE _ X89W 5'i 3m o TREC WAR:O P0.4np1 RECORD OF ReVEr GRAPHIC SCALE NO. 20NON 590M 40 0 20 M _I SOUINKST CORNER 1 inch = 40 It. SECMW 18 FOUND BRASS UIXNUENT 1 UTILITIES EASEMENT E)MMIT APEX JOB NO' 32029 DATE 01/17/2011 z En ineerin DRAWN BY TIM CHECKED HY. MFG ^4� ..o ]6m amu nu. Zip• fi0 DWG. NO 32028— P3MT.OWC SCALE' 1'=4O' � �] // (Jyf aiya�iya�r(nJwii�i�i -mw LINE TABLE UNE LENGnI BEARING li J.91' NOP '1 'W L2 S ' Na ' YI 'W L3 i Y NOV'!Y!5'W L4 I fif N '4 LS Jl.SJ' NW T;5'W L6 ) ]Y N 372'6 'E L7 .6' N00'lY15'W LB 11. N897Y45 L9 f28 ' TIS' LIO a' 9 2'AS'W t❑ 1011' SW31'IS'E L12 7725" 5 5'SYIS' UJ 34 J8' 500'3715T Eascmrnt Paget of4