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Home My WebLink About20130617001434 SIGHT DISTANCE EASEMENT 08/07/2013vJz��,� rwra AIUcAN s Return Address. C ith of Auburn Citv Clerk 25 West Main Auburn, WA 4811111 [a, )I- oqc%� ) "' "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 � g1� 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 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 m on I I 7 I I I I S9'31 '22"E 68.23' o N I Z / 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 � g1� 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