HomeMy WebLinkAbout201104270157 SANITARY SEWER EASEMENT 04/20/11Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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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
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NO.
111
DATE
4/11/11
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TEL. 425.823 -57DO
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Sanitary Sewer Easement
Page 4 of 5
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GRAPHIC SCALE
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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
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7POB 7rc/
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SW 1/4, SW 1/4 SEC. 5 ALL IN TNP 20N., RGE. SE., W.M.
CITY OF AURTIRN, PIERCE COUNTY, WASHINGTON
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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
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SCALE
SHEEP
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