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HomeMy WebLinkAbout201104270157 TELECOMMUNICATION EASEMENT 04/20/11Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 i 11111111111 VIII VIII VIII VIII VIII hill VIII VIII VIII VIII IIII IIII 201104210151 5 PGS 0412712011 11 32 20 RN $66 00 PIERCE COUNTY WASHINGTON Above this line reserved for recording information. 0 s- 20 -nst /6 r) TELECOMMUNICATIONS EASEMENT GRAN -0002 lOb Reference # (if applicable): N/A Grantor /Borrower: Lakeland East, LLC Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR: SW '1A S5 — T20N — R5E Assessor's Tax ParcellD4 700152 -1040 ciry��QF 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, Lakeland East, LLC hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of Pierce 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 3" telecommunication conduit 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. Telecommunications Easement Page 1 of 5 EXCISE TAX EXEMPT DATE 417 7 Pierce County 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 telecommunications 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 telecommunications 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. Telecommunications Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 20th day of April '2011. n Mar(tin D Waiss, President Investco Financial Corporation as Manager of Lakeland East L L C. STATE OF WASHINGTON) ) ss COUNTY OF PIERCE ) I certify I have know or have satisfactory evidence that Martin D Waiss and the President is /are the person(s) who appeared before me, and said person(s) aelmowledged that he /she /they signed this instrument on oath stated that he /she /they was /were authorized to execute the instrument and aclmowledge as the President of Investco Financial Corporation a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. HS /tIb/bh Pile: 81307 Telecommunications Easement Page 3 of 5 AMANDA V PERRY NOTARY PUBLIC STATEOFw cdnNGTON COMMISSION EXPIRES JUNE 9. 2013 EXHIBIT A LEGAL DESCRIPTION THE SOUTH: 10.00 FEET OF LOT 104, AREA 18 AT LAKELAND, ACCORDING TO THE PLAT THEREOF RECORDED JULY 11, 2002 UNDER RECORDING NUMBER 200207115005, RECORDS OF PIERCE COUNTY AUDITOR. LYING BETWEEN THE NORTHWESTERLY MARGIN OF LAKE TAPPS PARKWAY EAST AND THE NORTHEASTERLY MARGIN OF LAKELAND HILLS WAY AND LYING ADJACENT TO TRACT J OF SAID PLAT. CONTAINS AN AREA OF 1,351 SQUARE FEET MORE OR LESS. SE 1/4, SE 1/4, SEC. l.il x ur Au is uiuN, mmk..0 IL)urgi x, vvA3rillquiuiN Telecommunications Easement Page 4 of 5 www.axismap.com © + A LLLYYY��� IS 13005 NE 126th PL KIRKLAND, WA 98034 TEL, 425.823 -5700 JOB NO. 10111 DATE 4/20/11 DRAWNBY CHECKED BY FAX 425.823 -6700 AWG AWG Survey & Mapping SCALE SHEET Telecommunications Easement Page 4 of 5 i }q got GRAPIEC SCALE f so 100 r * Ali C u: u_:_• 69TH ST SE LOT 104 PREPN� 2p020 15006 REC' TELECOMMUNICATIONS EASEMENT �P 00 Pggsq 60_ Telecommunications Easement Page 5 of 5 SE 1/4, SE 1/4, SEC. 6 TWP 20N., RGE. SE., W.M. CITY OF AUBURN, PIERCE COUNTY, WASHINGTON 13005 NE 126th PL KIRKLAND, WA 98034 TEL. 425.823 -5700 FAX 425.823 -6700 JOB NO. 10111 DRAWN BY AWG SCALE 1" =100' DATE 4/20,111 CHECKED BY AWG SHEET 1 OF 1