The URL can be used to link to this page

Home My WebLink About201104270157 SANITARY SEWER EASEMENT 04/20/11Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 o�-- Zo -os(/� ) 111111 VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 201104270156 5 PGS 04/2712011 11 30 31 RN $66 00 PIERCE COUNTY; WASHINGTON Above this line reserved for recording information. SANITARY SEWER EASEMEN GRAl1 -0002 Reference 9 Grantor /Borrower: Lakeland East, LLC Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR. SW' /a S5— T20N —R5E Assessor's Tax Parcel ID# 052005 -3047 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, 1-hrough 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. Sanitary Sewer Easement Page I of 5 EXCISE TAX EXEMPT DATE 4.27 • / I Pierce County by VA Auth. Sig oe" 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 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. Sanitary Sewer 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 Apr il 2011 n Martin D Waiss, President, Investco Financial Corporation, Authorized,'-'ig n" turf 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. Wa i s s .and ,the President 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 ;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. Dated G AMANDA V PE r Pub NOTARY PUBL'Residi gat STATE OF WASHINWf^P pint - YUSSION EXPIRES JUNE 9. 2013 xsaleroh File: #1307 Sanitary Sewer Easement Page 3 of 5 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON, LYING NORTHERLY OF LAKE TAPPS PARKWAY EAST, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID $UDIVISION; I THENCE SOUTH 01.4316" WEST 163.08 FEET ALONG THE WEST LINE THEREOF TO THE NORTHERLY MARGIN OF LAKE TAPPS PARKWAY EAST; THENCE NORTH 59'01'12" EAST 9.86 FEET ALONG SAID NORTHERLY MARGIN TO THE TRUE POINT OF BEGINNING; I ' THENCE NORTH 30'58'48" WEST 15.DO FEET; THENCE NORTH 59'01'12" EAST PARALLEL WITH SAID NORTHERLY MARGIN 20.00 FEET; THENCE SOUTH 30'58'48" EAST 15.00 FEET TO THE NORTHERLY MARGIN OF LAKE TAPPS PARKWAY EAST; THENCE SOUTH 59'01'12" WEST 29.00 FEET ALONG SAID NORTHERLY MARGIN TO ! THE POINT OF BEGINNING; CONTAINS AN AREA OF 300 SQUARE FEET MORE OR LESS. BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE PLAT OF AREA 18 AT LAKELAND, ACCORDING TO THE GRJ PLAT THEREOF RECORDED JULY 11, 2002 UNDER F�r * *� RECORDING NUMBER 200207115006, RECORDS OF _ Oa PIERCE COUNTY, WA *a NE 1/4, SE 1/4 & SE 1/4, SE 114, SEC. 6& NW 1/4, SW 114 SEC. 5 ALL IN TWP 20N., RGE. SE, W.M. CITY OF AUBURN, PIERCE COUNTY, WASHINGTON ® 13005 NE 126th PL KIRKLAND, WA 98034 Ay NO. 111 DATE 4/11/11 AWNDY j CHECI:ED DY TEL. 425.823 -57DO WG AWG & Mopping FAX 425.823 -6700 SCALE SH= N/A 1 OF 1 Sanitary Sewer Easement Page 4 of 5 a I GRAPHIC SCALE o So loo i 1" =100' N� i 57 v.9x LANO 20'x15' SEWER EASEMENT 69TH S'i'SE NW CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5 -20 -5 6D. / 7POB 7rc/ so 4S4 � SW 1/4, SW 1/4 SEC. 5 ALL IN TNP 20N., RGE. SE., W.M. CITY OF AURTIRN, PIERCE COUNTY, WASHINGTON m Survey & Mzipping Sanitary Sewer Easement Page 5 of 5 13005 NE 126th PL KIRKLAND, WA 98034 TEL. 425.823 -5700 FAX 425.823 -6700 www.axismap.com JOB NO. DATE 10111 4/11111 DRAWN BY CHECKFL) BY AWG AWG SCALE SHEEP N/A 1 OF 1