HomeMy WebLinkAbout20141008000306 SANITARY SEWER EASEMENT 11/20/2013Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
6%
Above this line reserved for
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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
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EXHIBIT `B'
3 y
SEWER EASEMENT
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LOT 1
sr1
CITY OF AUBURN
f
SHORT PLAT NO.
./
SPL -04 -0004
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THOROUGHBRED COLLISION CENTER
N89'33'05 "W
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,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