HomeMy WebLinkAbout20130124001781 WATER AND STORM DRAINAGE EASEMENT 1/24/2013609)
A
Return d^ dress
Cm of Aubuin
City Clerk
25 West Merin
Auburn, WA 95001
111111111111111111111111111 1111
20130124081783
FIRST AMERICAN EAS 79 00
PAGE -001 OF 008
01/24/2013 15 03
KING COUNTY, WA
Above this lute reserved I'm rccordinL intbrmation
NVATEIZ AND s'rORM DRAINAGE. EASEMENT
FAC l0 -0005
Reference 9 (if applicable): N/A
Grantor /Borrower Orion Industries, Inc.
Cn-aotee /Assignee /13eneficiary City of Auburn /
Legal Description /SfR. `of Aef shot-f
Re <- g007o'lzoS-?
Assessor's 'Ia.. Parcel ID4 00005((10 6
RECITALS
City of Auburn is selling to Orion Industries a certain parcel of property through a
purchase and sale agreement (the "Purchase and Sale Agreement "), as authorized by City
of Auburn Resolution no 4876 The real property to be acquired is le-all) described on
Exhibit A attached hereto (the "Acquired Propert) "). Orion Industries intends to develop
and use the Acquired Property in conjunction with the real property legally described on
Exhibit 13 attached hereto (the "Parent Parcel ") for an aerospace supply facility
The City 01 Auburn s MUniclpal Airport is located to the north and to the east ol'the
Parent Parcel and the City is intcicstcd in expanding the Airport faciiitcs in the future in
which case the C it) would need to increase surface hider drainage and ICtainage from the
Am Pot t property
As a condition of the larger real estate transaction between City and Orion
Industries, and in further consideration of the promises, covenants, conditions and
restrictions set forth herein, the City requires that Orion Industries permit, and Orion
Industries is willing to permit, the City's use of a portion of its Parent Parcel for surface
water drainage and retention compatible with the City's intent to develop its municipal
airport property in proximity to Orion Industies piopu't}
1V ;iicr:md Sturm Diant.m" I ascnsnl
Page I of 8
GRANT OF EASEMENT
For and in further consideration for the sale, transfer, conveyance, and delivery of
the Acquired Property and the granting of system development credits of fifty -two
thousand dollars ($52,000 00) pursuant to the Purchase and Sale Agreement, and other
good and valuable consideration, receipt of which is hereby acknowledged, and for benefits
to be derived by the Grantor herein, Orion Industries, hereby conveys and warrants to,
Grantee herein, the City of Auburn, a municipal corporation of King County, Washington,
its successors and assigns, a perpetual Nonexclusive Easement under, over, through and
across the following described real property ( "Drainage Easement Area ") for the purpose
of installing and maintaining a surface water retention pond and drainage way across the
Parent Parcel, including widening the existing drainage trench, said Drainage Easement
Area being a portion of Parent Parcel, and shown in Exhibit C and described as follows:
THE NORTH FORTY (40) FEET OF LOT A OF THE CITY OF ABURN
SHORT SUBDIVISION NUMBER SPL 005 -90, AS RECORDED UNDER
RECORDING NUMBER 9007091058. RECORDS OF KING COUNTY
Said Grantee shall, subject to the terms hereof, have the absolute right, at times as
may be necessary, for immediate entry upon said Drainage 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 Grantor shall not in any way block, restrict or impede access and egress to or
from said Drainage Easement Area, and /or in any way block, restrict or impede full use of
the real property within the above - described Drainage 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 Drainage Easement Area, without the express written consent of Grantee. With
Grantee's permission, which shall not be unreasonably withheld, Grantor may fence across
said Drainage Easement Area and /or along the boundaries of said Drainage 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 Drainage
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 or storm service
facilities and the surface level of the ground within the Drainage Easement Area shall be
maintained at the elevation as currently existing.
Said Grantor agrees that it will not impede, interfere with, obstruct or endanger
Grantee's easement rights under this Easement. Grantor shall not convey tee title to, or
any lesser interest or privilege in, such parcels or any portion of them, except by instrument
expressly referencing this Easement by its title (`Drainage Easement and Restrictive
Covenant") and recording number
Said Grantor grants to the Grantee the right of ingress and egress to the Drainage
Easement Area over and across all paved, graveled, or otherwise improved driveways or
parking lots within the Parent Parcel. If direct access to the Drainage Easement Area is not
available from such driveways or parking lots, the Grantee's right of ingress and egress
Water and Storm Drainage Easement
Page 2 of 8
shall include such other areas within the Parent Parcel as the Grantee reasonaby
determines arc necessary to access the Drainage 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 Grantee shall return the propert) to a condition
reasonably comparable to its condition as it existed immediately before entry and /or work
was made thereon b� the Grantee or its agents.
Said Grantee agrees that, except in the case of an emergency, it will endeavor to
provide Grantor at least 24 howl prior notice of am entry onto the Drainage Eascnnent
Area or the Parent Parcel. and shall use conurrercially reasonable efforts to perform any
work in the Drainage Easement Area in a manner that minimizes interference and
disruption to Grantor, Grantor's tenants and their respective employees, aocnts,
contractors, customers and other invitees.
Said Grantor agrees that any improvements installed in the Drainage Easement
Area shall be installed by Grantee and shall be owned by and belong to Grantor Grantee
shall construct. install and maintain, repair and replace the improvements at Grantee's sole
cost and expense- and such cost and expense shall never become a lien on or against the
Parent Parcel or otherwise become Grantor s liabilitri or obligation. Grantee covenants to
maintain, repair and replace the innprovemcnts so that they remain operational, clean, and
in good condition.
Said Grantee agrees to provide Grantor all construction or installation diagrams,
plans, and as -built drawings of lighting and signage Easement Improvements 30 days prior
to installation of the improvements in the Drainage Easement Area.
Said Grantor additionally grants to the Grantee, the temporary use of such
additional area immediately adjacent to said Drainage Easement Area as shall be required
for the construction, reconstruction, maintenance and operation of said water or storm
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 Grantee shall return the property
to a condition reasonably comparable to its condition as it existed immediately before entry
and /or work \gas made thereon by the Grantee 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 Grantee s use of the Drainage
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
IN WITNESS WHEREOF, said corpora n has caused this instrument to be executed by
its proper officer(s) this day of_p�,,, _,
Onon Industries Inc.
Water and Stonn Diaiim,gc basement
Page 3 of 8
STATE OF WASI IINGTON )
)ss.
COUNfY OF KING )
I certify that 1 know satisl'actory evidence that ��1 /l 7� aae4
is the person who.�I17� h ,,.,, Inc, and said person acknowledged that he /she signed
this Instrument, on oath staled that he /she was allth0riZCd to execute the instrument and
acknowledged as the (position) CMG
of Orion Industries, Inc., a WA311w#Pn corporation, to be the lice and Voluntary act of
such party for the uses and purposes mentioned in this inch ument.
Dated /3
e kgvM e "'t" Notary Public in and f r the State I ' WashingtoII
py�' �t�ii�� Residing ❑t .—emu ��
25 ���srr My appointment expires e ,,
r ° 0, $
Y�,V10 d
Water and Storm Drmn,ige Lu.emenl
Page 4 ol':S
Exhibit A
THAT PORI [ON OF THE SOUTH HALF OF JOSEPH BRANNAN DONATION LAND CLAIM NO 38, SITUATED
IN THE WEST HALF OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M., AND THE EAST HALF OF
SECTION 12, TOWNSHIP 2-1 NORTH, RANGE 4 EAST, W.M , IN THE CITY OF AUBURN, KUNG COUNTY,
WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT A 3 INCH DIAMETER BRASS DISK IN CONCRETE, IN CASE, MARKING THE CENTERLINE
RIGHT -OF -WAY OF 15T" STREET N E. WITH THE CENTERLINE RIGHT -OF -WAY OF 'D' STREET N.E. AS
SHOWN ON RECORD OF SURVEY, RECORDING NUMBER 7701179008, RECORDS OF SAID COUNTY, FROM
WHICH, A 3 INCH DIAMETER BRASS DISK IN CONCRETE, IN CASE, MARKING THE CENTERLINE RIGHT -OF-
WAY OF SAID 15TH STREET N.E. WITH THE CENTERLINE RIGHT OF -WAY OF'A' STREET N.E., BEARS NORTH
89 °30'04" WEST, 980.32 FEET, THENCE ALONG THE CENTERLINE OF SAID 'D'STREET N.E., NORTH
00'41'08" EAST, 360.38 FEET TO A 1 -1/2 INCH DIAMETER BRASS SURFACE MONUMENT, THENCE
CONTINUING ALONG SAID CENTERLINE NORTH 00 °41'OS" EAST, 130 42 FEET TO THE SOUTH LINE OF
AUBURN MUNICIPAL AIRPORT AS SHOWN ON SAID SURVEY, THENCE ALONG SAID SOUTH LINE NORTH
89 "04'44" WEST, 691.73 FEET TO THE SOUTHWEST CORNER OF SAID AIRPORT PROPERTY AND THE TRUE
POINT OF BEGINNING, THENCE ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID
AIRPORT PROPERTY SOUTH 00 °39'48" WEST, 143.93 FEET, THENCE SOUTH 89 "30'49" EAST40.36 FEET,
THENCE SOUTH 00`30'04" WEST, 170.04 FEET, THENCE NORTH 89 °42'06" WEST, 299.66 FEET TO THE
EAST MARGIN OF 'A' STREET N.E., THENCE ALONG SAID MARGIN NORTH 00°39'20" EAST, 614.85 FEET
TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS SHOWN ON SAID RECORD OF
SURVEY, THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89 °30'04" EAST, 258.89 FEET TO THE
WEST LINE OF SAID AIRPORT PROPERTY, THENCE ALONG SAID WEST LINE SOUTH 00 °39'48" WEST
299.84 FEETTO THE TRUE POINT OF BEGINNING.
CONTAINING 3.81 ACRES, MORE OR LESS
SUBJECT TO EASEMENTS, CONDITIONS, AND RESTRICTIONS
WAS
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NValer and Storm Drain;n_e Easement
Page 5 of 8
Exhibit B
Lot A of Citv of Auburn Short Plat No 005 -90 as recorded tinder King County Recording
No 9007091058 records of KinL) County State of Washington. said Short Plat being
described as follows.
That portion of the south hall'of the Joseph Brannan Donation Land Claim Number 38,
situated in the west half of Section 7 Township 21 North, Range 5 East, \W.M., in King
County, Washington, and the east hall'of Section 12, Township 21 North, Range 4 bast.
W.M., in King County, Washington described as follows:
Beginning at the point of intersection of the east margin of 'B" Street Northwest with the
north line of said south half of said Donation Land Claim, then South 89 06' 01" east.
along said north ]me a distance of 1,090 76 feet, to a point 1.510 00 feet west ofthe east
line of'said Donation Land Claim.
thence South 00 42' l2" west. parallel with said cast line, a distance of 329 70 legit to the
north line of a parcel belonging to the `Metro Park and Ride"
thence North 89 29' 03" west, along said north line, a distance of 258.55 feet to a point of
intersection with the northerly projection of the eat margin of "A" Street Northeast,
thence South 00 40' 40" west along said projection, a distance of 268 43 feet to said
margin.
thence northwcsterh along said east margin of A Street Northeast and changing into the
northerh margin of 16'h Strect Northwest. alone a curve to the left with a radius of 330 04
feet, a central angle of 89 45' 30" and arc length oC51 7 03 Feet and chord which bears
north 44 12' 02'" west, 465 77 feet, thence North 89 04' 50" west along said northerly
margin of 16th Strect Northwest, a distance ol'476 63 feet,
thence North 44 1 1' 08" west a distance of 38 1 3 feet, to the east margin of said "B" Street
Northwest.
thence North 00 42 35" east along said east margin, a distance of 244 01 feet to the True
Point of Beginning.
Tax Parcel No. 000080 -0026
Water and Storm Dramatic Easement
Page 6 of 8
Exhibit C
Please see next pad {e
Water and Storn Drainaec Fas'cment
Page 7 of 8
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