HomeMy WebLinkAbout20130617001434 SIGHT DISTANCE EASEMENT 08/07/2013vJz��,�
rwra AIUcAN s
Return Address.
C ith of Auburn
Citv Clerk
25 West Main
Auburn, WA 4811111
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"' "II��I'l� €III
7001434
76 00
Abo\e this line reserved for recording inlinvtation.
SIGHT DISTANCE EASEMENT
FAC 12 -0001
Reference #(if applicahle) ' N/A 70
Grantor/Borrott cr Auhurn BTSI LLC
Grantee' /AssipreCBc'neliclar\' City of Auburn
Legal DescriptionlSTR. NW '/, S 12 —T21 N — R41-
Assessor s Tay Parcel ID# 122104 -c)041 & 122104 -9042
For and in consideration of the sum of TEN DOLLARS ($10 00) and other good
and valuable consideration, receipt of which is herebN acknowledged, and for benefits to be
derived bN the Grantor herein, Grantor, Auburn BTSI, LLC hereby conveys and warrants
to the City of Auburn. Grantee herein, a municipal corporation of Bing County,
Washington, its successors and assigns. a perpetual Nonexctusive Easement under, over.
through and across the following described real property ( "Easement Area') for the
purpose of maintaining a sight distance clear area, said Easement Area being a portion of
the above - designated Tax Parcel ("Parent Parcel"). and described as follows:
SEE EXHIBITS A" AND "13 ". ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
The area within the sight distance easement must be free of any sight- obscuring
objects between 3 feet and 8 feet high above the ground. Vegetation in this area must be
maintained by the Grantor in such a manner that its height above the ground does not
exceed 3 feet. Should the Grantor fail to maintain this sight distance requirement, the City
shall have the right to enter onto the property without incurring any legal obligation or
liability therefore, and take corrective action at the expense of the Grantor
u D NG ON
•;? LL&BILITY N'OR VALIDITY AND 1 Uit
,tOr,U iACY AMUMED BY PT9ff1"
TITLE LtJRAN(.'R
Sight Distance Easemaa
Page I of i
Said Grantor shall not in any Nvay block, restrict or impede access and egress to or
from said Easement Area, and /or in anv 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 anv 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
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 Citv determines are necessarN to access the Easement
Area from such driveways and parking lots or front 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
immediate) adjacent to said Easement Area as shall be required for the construction,
reconstruction, maintenance and operation of said sight distance easement. 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 C ity 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.
Sight Distance Easement
Page 2 of 5
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by
its proper officer(s) this Z day of q uosC 2012.
AUBURN BTS1, LLC.
a Delaware limited liability company
By PDC Seattle. LLC
a Delaware limited liability company
Manager
By- Brynestad Family 2, LLC,
a Washington limited liability - any,
Manager
By-
Bart Brynestad.
Sole Member
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certiN I have know or have satisfactory evidence that h, tS-FA b
and are the person(s) who appeared before me,
and said person(s) acknowledged that he /she /they signed this instrument on oath stated that
tVshe /they washvere authorized to execute the instrument and acknowledge as the
Sot of N;csTyn,�S — v tW 2 11 L
a limited liability- company, to be the free and Voluntary act of such party for t -e u es and
purposes mentioned in the instrument.
Dated -&6, 7 t t) r,IZ
0W �VA44 ��j,,
`��QQ`o �8S10ry A��i� C -Q�� ya �LX
OTAFIY m e Notary Public in and for the State of Washington
�� PUBUC D` Residing at TVK tN\ \.N I W R
My appointment expires,-)-5 ,
I Nil SN�N`�
rde: #13191 film"'
REF 11 WEVELOPMI- NIU'mjects \HCSA IaLiHdFN Faa l it, ' \Legal Docununis\201-
Sight Distance Easement
Page 3 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
SIGHT DISTANCE EASEMENT
That portion of Parcel 1, 3 and 4 of City of Auburn Short Plat SPL0015 -90, recorded under Recording No.
9111040979, records of King County, Washington, described as follows:
COMMENCING at the Southeast corner of said Parcel 1,
THENCE North 81 "14'46" West, 342.97 feet along the South line of said Parcel 1,
THENCE North 88 "47'08" West, 122.55 feet along said South line to the TRUE POINT OF BEGINNING;
THENCE North 09 °36'11" West, 44 48 feet to the Easterly margin of "M" Street Northwest;
THENCE South 04 °04'13" East, 43.88 feet along said Easterly margin;
THENCE CONTINUING South 04 °04'13" East, 60.26 feet along said Easterly margin to the North line of
said Parcel 3;
THENCE CONTINUING South 04 °04'13" East, 57.31 feet along said Easterly margin;
THENCE CONTINUING South 04 °04'13" East, 136.89 feet along said Easterly margin;
THENCE CONTINUING South 04 °04'13" East, 157.92 feet along said Easterly margin to a point on a
non - tangent curve, the radius of which bears North 85 °55'47" East;
THENCE Southeasterly along said Easterly margin, being the arc of a curve concave to the northeast,
having a radius of 270.00 feet, through a central angle of 50 °1040 ", and an arc length of 2363.46 feet;
THENCE North 2'1 °05'18" West, 311 48 feet;
THENCE North 09 °31'22" West, 68.23 feet to said Easterly margin:
THENCE North 04 °04'13" West, 136.89 feet along said Easterly margin;
THENCE North 00 "32'59" East, 57.07 feet to the North line of said Parcel 3,
THENCE North 88 °47'08" West, 4.62 feet along said North line to said Easterly margin;
THENCE North 04 "04'13" West, 60.26 foot along said Easterly margin to the South line of said Parcel 1,
THENCE South 88 "47'08" East, 4 31 feet along said South line to the TRUE POINT OF BEGINNING;
EXCEPT any portion that may fall within Parcel 2 of said short plat.
Sight Distance Easement
Page 4 of 5
I I S9'36'11 "E
44.46'
N4'04'13 "W T.P.O.B.
43.88' 122 55'
EXHIBIT "B"
PARCEL i
APN 122104 -9041
'r—I f46 "W
PARCEL 3
APN 122104 -9042
POINT Of
COMMENCEMENT
C1 SPOO�P-
5 0 -19
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ —
t. N8555_47';E-(Rl
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SCALE.'
HORIZONTAL 1" =100' VERTICAL N/A
GHA& 18215 72ND AVENUE SOUTH
QQ� S KENT, WA 98032
(425)251 -6222
(425)251 -8782 FAX
8yN �f' CIVIL ENGINEERING, LAND
`Y PLANNING, SURVEYING,
nWC ENGR'F' ENVIRONMENTAL SERVICES
Sight Distance Eascmcnt
Page i of+
PARCEL 4
APN 122104 -9043
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For: PANATTONI
)EVELOPMENT COMPANY
Title:
SIGHT DISTANCE
EASEMENT EXHIBIT
JOB NUMBER
15285
15285L.009.00C
SHEET
1 , 1
N88'47'08'W
N 4.31'
N8647'08 "W
4.62'
N4'04'13 "W
.�NO'32'S9 "E
57.31'
57.07'
1
3
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on
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S9'31 '22"E
68.23'
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EXHIBIT "B"
PARCEL i
APN 122104 -9041
'r—I f46 "W
PARCEL 3
APN 122104 -9042
POINT Of
COMMENCEMENT
C1 SPOO�P-
5 0 -19
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ftEC' N�
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ —
t. N8555_47';E-(Rl
_l
l
A�prP,
J
o /
SCALE.'
HORIZONTAL 1" =100' VERTICAL N/A
GHA& 18215 72ND AVENUE SOUTH
QQ� S KENT, WA 98032
(425)251 -6222
(425)251 -8782 FAX
8yN �f' CIVIL ENGINEERING, LAND
`Y PLANNING, SURVEYING,
nWC ENGR'F' ENVIRONMENTAL SERVICES
Sight Distance Eascmcnt
Page i of+
PARCEL 4
APN 122104 -9043
J
0
0
N m
J �
W
U N
N
d Z
ci
For: PANATTONI
)EVELOPMENT COMPANY
Title:
SIGHT DISTANCE
EASEMENT EXHIBIT
JOB NUMBER
15285
15285L.009.00C
SHEET
1 , 1