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Home My WebLink About20150224001925 STORM WATER EASEMENT 02/10/20154 4 �Ve) T AMERICAN Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 N 4� 2LI -21 -`4 11111111111111111111111111111 20150226001925 FIRST AMERICAN EAS 79.00 PAGE -001 OF 008 02/24/2015 14:05 KING COUNTY, WA Above this line reserved for recording information. STORM SEWER EASEMENT Reference # (if applicable): N/A Grantor: SuperValu Holdings, Inc. Grantee: City of Auburn - ... __. _.,,,,, c.>z: ,,10(' ''GON Legal Description /STR: See Exhibit `A' UT.T,4 t ?7 tyFI e .A.CI A: tiiM Y'llFhFIf{StEM Assessor's Tax Parcel ID #: 2421049068 1:11,,1.,,,.,.,,,.,,_.,.,_ __.,_._.__ For and in consideration of the benefits to be derived by the Grantor herein, Grantor, SUPERVALU Holdings, 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 (see Exhibit "A'; hereinafter referred to as the "Easement Area ", as depicted in Exhibit `B ") for the purpose of laying, maintaining, and installing a storm sewer main and appurtenances thereto, the 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. i:t-) morn, C1 1 3 fjA_c:. ,. OJ 1 f 22 1 000 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 hereby agrees to exercise reasonable efforts to minimize any disruption to Grantor's business operations in the exercise of rights granted hereunder, and to perform and complete all necessary work of installation, maintenance, repair and replacement in a diligent manner. Said Grantor shall not in any way block, restrict or impede access and egress to or from the Easement Area, and/or in any way block, restrict or impede full use of the real property within the Easement Area by the Grantee for the above - described purposes. No Easement Page I of 6 � titnto Ve. Rc.,cc-.fd£ SY tee- " r'fePut/ �p A 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 the Easement Area, without the express written consent of the Grantee. In connection with initial construction of the storm sewer main, Grantee shall install a gate in the fence along said Easement Area and/or along the boundaries of the Easement Area. The 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 the gate is to be locked, keys shall be provided to the Grantor and the Grantee. No excavation shall be made within three (3) feet of the said storm sewer facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation existing immediately after said storm sewer facilities were constructed, except as specifically permitted by the City. Said Grantor grants to the Grantee 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 Grantee's right of ingress and egress shall include such other areas within the Parent Parcel as the Grantee determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel's boundaries, as approved by Grantor. in the case of any damage or disruption of the Parent Parcel, , including restoration of asphalt surfaces, fencing and landscaping as applicable the Grantee 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 Grantee or its agents Said Grantor additionally grants to the Grantee, the use of such additional area immediately adjacent to the Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said storm 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 Grantee shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was performed 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 Easement Area. Said Grantee hereby agrees to indemnify and hold harmless the Grantor, and mortgagees or easement holders of record of the Parent Parcel, against and from any and all damages, liability for losses, attorneys' and other fees, penalties and claims, damages and expenses on account of damage to others' property or injury to persons resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. This Easement shall be a covenant running with the Parent Parcel shall burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 2 of 6 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of 2 " t 2015. Its Vice - President Easement Page 3 of 6 r te_� STATE OF MINNESOTA ) )ss. County of Hennepin ) I certify that I know or have satisfactory evidence that Kim J. Myrdahl is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the Vice - President of SUPERVALU Holdings, Inc., a Missouri corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated� D 2015 Notary Public in and for the State of Minnesota Residing at L � oc, L-ahe S My appointment expires I — 7 1— Z 0 r ■ JOAN M. KUSCHKE NOTARY PUi3LlC • MWNESOTA : - My Commission Expires i �.._�:+- January 31,2020 W r Easement Page 4 of 6 Exhibit `A' — Utility Corridor Easement Legal Description Easement Vale 5 of 6 EXIIBIT "A" LEGAL DESCRIPTION FOR STORM EASEMENT That portion of Revised Parcel `B" of City of Auburn Lot Line Adjustment 01 -0030, recording number 20011221000584, records of King County, Washington located in the North half of the Northeast Quarter of Section 24, Township 21 North, Range 4,East of the Willamette Meridian, said portion more fully described as follows, Commencing at the Southeast corner of said Parcel `B'; Thence North 02° 13' 01" West along the east line of said Parcel `B" a distance of 566.73 feet; Thence North 88° 43' 03" East along said east line a distance of 29.48 feet; Thence North 02° 08' 55" West along said east line a distance of 148.40 feet; Thence North 36° 32' 05" East along said east line a distance of 218.15 feet to the Northeast corner of said Parcel "B" and the true point of beginning of this easement; Thence North 880 49' 21" West along the North line of said Parcel "B" a distance of 297.32 feet; Thence South 01 ° 10' 39" West a distance of 15.00 feet; Thence South 88° 49' 21" East along a line parallel with and 15.00 feet south of the North line of said parcel `B" a distance of 286.68 feet to the east line of said Parcel "B'; Thence North 36° 32' 05" East along said east line, a distance of 18.39 feet to the true point of beginning. This easement description contains 4380 Square feet (0.1 acres), more or less. Basis of bearings for this description is the City of Auburn Lot Line Adjustment number 01 -0030 as recorded under recording number 20011221000584, records of king County, Washington. O: Survey \Projects \CP1320- M &OStorm%Storm esnu SuperValu si(OEXHIBIT A doe Exhibit'B' - Map Easement Page 6 of 6 NORTHEAST CORNER OF REVISED PARCEL "B' TRUE POINT OF BEGINNING OF THE EASEMENT i 1 N 88'49'21" W 297.32' 1— r 1— N 88'49'21 "' W 286.68' 15' 15' N ol, 0'39" E 4380.0 S 9• Feet 18.39' � N 36'32'05" E North line of Revised Parcel "B" 0.1 Acres cb. 2421049068 N SUPERVALU HOLDINGS, INC. r 701 15TH STREET SW NORTH N.T.S. East line of Revised Parcel N88'43'03 "E 1 29.48' o od \ O Z iM r u� SOUTHEAST CORNER OF PARCEL "B" COMMENCING POINT p M r O Z p 1 S87'47'46 "W 50.0Q' „ NO2'13 01 W 15TH ST. IS DRAWING IS TO ACCOMPANY THE LEGAL DESCRIPTION FOR THE AINAGE EASEMENT AND DOES NOT REPRESENT A BOUNDARY SURVEY ATTACHMENT "B" ury OF _*/_ CITY OF AUBURN 15' STORM DRAINAGE EASEMENT PUBLIC WORKS DEPARTMENT SUPERVALU PARCEL WASHINGTON 25 WEST MAIN - AUBURN, WA pROJ: CP1320 SCALE: N.T.S. 01URVMPROJECrS \CPU20 -M&0 STORASTORM ESMT SUPERVALUSITE TXHIOITA.DOC 11/26/2014 DRAWN BY: SLIM