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Home My WebLink About20141008000306 SANITARY SEWER EASEMENT 11/20/2013Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 6% Above this line reserved for NF, Sip -21-f 308 l000306 SANITARY SEWER EASEMENT Said documents were fBed F GRA12 -0010 record as an accommodation only. 0 has not ben examined ax im Wooer execution or as to its effect upon title. Reference # (if applicable): N/A Grantor/Borrower: O'Reilly Automotive Stores, Inc. Grantee /Assignee/Beneficiary: City of Auburn Legal Description /STR: NE' / <S36— T21N —R4E Assessor's Tax Parcel ID #: 362104 -9102 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, O'Reilly Automotive Stores, Inc. hereby conveys and warrants to the City of Auburn, Grantee herein, 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 ( "Easement Area ") for the purpose of laying, maintaining, and installing sanitary sewer 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. Sewer Easement Page 1 of 5 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. Sewer Easement Page 2 of 5 fNWITNESS WHEREOF, said corporate n haspaused this instrument to be executed by its proper officer(s) this � day of "mbe,#- , 2013. eub1gnature Authorized Signature a S SM4 r; STATE OF WASMNnT-6N ) COUNTY OF K ) ss I certify that I know or have satisfactory evidence that �'ECd and / are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated th the were authorized to execute the instrument and acknowledged ' he t and of uG t a corpo anon, to be the free and voluntary act of such pgtfitSs for the uses and purposes mentioned in this instrument. Dated ELI7J1BETH A. DUGGER State of Missouri n� Notary Public, ,�. ct'ostian County �E commission #10398763 Notary Public ' and for the 1� of Washington Lh My ommission Expires June 25, 2G14 Residing at My appointment expires //7 144111V HS /tlb File: 41340 REF. H:\DEVELOPMEN'RProjects \O'Reilly Auto Parts 3 \GRA12 -0010 \Legal Documents\DraR Sewer Easement 03.26.2013.docx Sewer Easement Page 3 of 5 EXHIBIT `A' NUITT-ZOLLARS INS , 302 Somh 9ih SL a Sui,e 101 a tocomn, WA 08 AD 2 -3694 a 232,627..911 phone 1 253.627-4/3019 a a hu,kizal tcom LEGAL DESCRIPTION SEWER EASEMENT (O'REILLY AUTOMOTIVE STORES PROPERTY, TAX PARCEL NO. 3621049102) THAT PORTION OF LOT 2 OF THE CITY OF AUBURN SHORT PLAT NUMBER SPL-04 -0004, RECORDED UNDER RECORDING NUMBER 20050203000175, IN KING COUNTY, WASHINGTON, LOCATED IN SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 15 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 89 °33'05" WEST 18.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01 °55'25" EAST 140.05 FEET TO A POINT ON THE NORTH PROPERTY LINE WHICH BEARS NORTH 89 °33'05" WEST 17.07 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2 AND THE TERMINUS OF THIS CENTERLINE. THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE PROPERTY LINES OF SAID LOT 2. CONTAINING 2,101 SQUARE FEET OR 0.05 ACRES. SUBJECT TO EASEMENTS AND CONDITIONS OF RECORD. Prepared by. Huitt4ollars, Inc Erik Halvorson, PIS OaW 2712713 _ i Page 4 of 5 a z 0 0 e I� i 0 0 m EXHIBIT `B' 3 y SEWER EASEMENT m h LOT 1 sr1 CITY OF AUBURN f SHORT PLAT NO. ./ SPL -04 -0004 r`r I THOROUGHBRED COLLISION CENTER N89'33'05 "W r s ,Cyr OWNER: LA LAND LLC f N89'33'05" ADDRESS:- 4227 A ST. SE, AUBURN, WA 98002 17'07 PARCEL# 0978500020 j S89'33'05 "E 260.64 — I � I I° I s LOT 2 to CITY OF AUBURN SHORT 15' SEWER^ PLAT NO. SPL -04 -0004 EASEMENT REC. NO. 20050203000175 I I OWNER: O'REILLY AUTOMOTIVE STORES ADDRESS: NO ADDRESS AT THIS TIME PARCEL# 3621049102 15' 1 N89'33'05 "W 254.63 RETAIL CENTER F.0.6.- OWNER: THISTLE RETAIL CENTER ADDRESS: 4329 A ST, SE, AUBURN, WA 98002 PARCEL# 3621049097 LEGEND r5r SEWER MANHOLE P.O.C. POINT OF COMMENCEMENT P.O.6, POINT OF BEGINNING LINETYPES --S--- SEWER LINE %/�, % %•' SEWER EASEMENT 2D23 7MR f ' ERH VE CHECKEO.' PROD. NO.: 15- 1022 -01 MEET- I Of 1 Page 5 of 5 GRAPHIC SCALE 0 15 50 100 1" = 50 FEET NE1 14, SEC, 36, T.21N, R44. W.M. HUITT- ILIARS 302 South 9th Street, Suite 101 Toccmu, Wcsh(ngtm 98402 Phone (253) 627 -9131 Fax (253) 627 -4730 EI ( GRANTOR: O'REILLYAUTOMOTIYESTORES ��' GRANTEE.'QTYOFAUBURN PURPOSE SEWER EASEMENT 3 y Iw I m h to i Iz I I P.O.C. N89'33'05 "W r s ,Cyr 18.63' GRAPHIC SCALE 0 15 50 100 1" = 50 FEET NE1 14, SEC, 36, T.21N, R44. W.M. HUITT- ILIARS 302 South 9th Street, Suite 101 Toccmu, Wcsh(ngtm 98402 Phone (253) 627 -9131 Fax (253) 627 -4730 EI ( GRANTOR: O'REILLYAUTOMOTIYESTORES ��' GRANTEE.'QTYOFAUBURN PURPOSE SEWER EASEMENT