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Home My WebLink About20160317000763 SLOPE AND DRAINAGE EASEMENT 3/7/2016 3 /- 22- s ' MT AIVIEMZICAE Return Address: City of Auburn City Clerk S \Vt Main burn,WA 98001 II I I 111 III II II I II II II II II I I II II 20160317000733 FIRST AMERICAN EAS 79 00 EXCISE TAX NOT REQUIRED 03/17/2016F 111:49 KING COUNTY, UP King Co 'tecords r_, ar•• i Above this line reserved for recording infomtation. SLOPE AND DRAINAGE EASEMENT Reference#(if applicable): N/A Grantor/Borrower: RPG Auburn Properties, LLC Grantee/Assignee/Beneficiary. City of Auburn Legal Description/STR: Ptn.of NW '/ of Section 31.Township 22 N, Range 05 E Assessor's Tax Parcel ID#- 000220-0001 The Grantor(s), RPG Auburn Properties. LLC, for and in valuable consideration in hand paid, do(es) hereby grant(s) and convey(s) to the grantee, City of Auburn, a Washington municipal corporation, and its agents or assigns a permanent, non-exclusive slope and drainage easement over, under, upon and across the real property described in Exhibit "A" attached hereto and incorporated by this reference, together with the rights of ingress and egress, for the purpose of constructing and maintaining interim slope and drainage improvements to be constructed by the Grantee, including grading, stock piling, excavating and restoring the real property and/or the slope and drainage improvements. The slope and drainage easement is described in Exhibit "B" attached hereto and incorporated by these references. Upon completion of construction of the interim slope and drainage improvements (Interim Improvements), Grantee shall restore the easement area to a condition as close as reasonably possible to its pre-construction condition while maintaining the integrity of the Interim Improvements, or to such other state of restoration as mutually agreed upon by the parties. Grantor shall not perform any activities that may damage the Interim Improvements built or constructed within the easement areas by the Grantee, including the planting of vegetation with damaging root structures or performing any excavation that would have the Slope and Drainage Easement 4.,i{rtormments a rrisC4 Ce Page I of4 rec?r'J a" an accomrncdetran air. It r*t not been examined as es writ aacuuon or as to its°Ma effect of weakening the support of said Interim Improvements. It is the intention that the Interim Improvements constructed by the Grantee are temporary until said Grantor develops the property on which the Interim Improvements are located. The parties anticipate that Grantor's development plan will incorporate permanent drainage improvements (Permanent Improvements) which will make the Interim Improvements unnecessary. By acceptance of this casement, Grantee agrees that if the planned Permanent Improvements are adequate in Grantee's reasonable discretion to replace the Interim Improvements, Grantee shall relinquish or amend this easement as necessary to allow for the construction of such planned Permanent Improvements and the larger development of which they are a part. Said Grantee shall have the right, without prior institution of any suit or proceeding at law, but with reasonable prior notice to Grantor, at times as may be necessary, to enter upon said easement for the purpose of constructing roadway improvements without incurring any legal obligation or liability therefor; provided that such construction shall be accomplished in such a manner that private improvements shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. This Easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said c rgoration has caused this instrument to be executed by its proper officer(s) this day of a , 2016. RPG AUBURN PROPERTIES. LLC, a Delaware limited liability company By: HI 120 Real Estate Company, Inc., a Hawaii corporation, its sole member y: Name. Jill Saperstein Title: Secretary Slope and Drainage Easement Page 2 of 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of Los Angeles On Olfi 1(Z.o to , before me,3er,r Cc v .R.V v1O , q,Notary Public in and for the State of California, personally appeared 3\\\ -a , who proved to me on the basis of satisfactory evidence to be the person(s)`whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER DEL P020 ,s , commission # 1966216 f�t� Notary Public-California °�,r TJ Los Angeles County Signatu My Comm.Expires Aug 17,2016I • Slope and Drainage Easement Page 3 of 4 • EXI-IIBITS 'A' and 'B' Slope and Drainage Easement Page 4 of 4 Parametrix EXHIBIT A SLOPE AND DRAINAGE EASEMENT PARCEL NO.0002200001 A PORTION OF THE BELOW DESCRIBED PARCEL A,LYING WITHIN THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF BELOW DESCRIBED PARCEL A,SAID POINT ALSO BEING THE NORTHWEST CORNER OF PARCEL DESIGNATION NO. 12, PER RECORD OF SURVEY FILED IN VOLUME 327 OF SURVEYS, PAGES 102-103, LOCATED ON THE SOUTHERLY MARGIN OF SOUTH 277TM STREET,30.00 FEET RIGHT OF STATION 102+85.24, PER PROJECT ALIGNMENT SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE WESTERLY PROPERTY LINE OF SAID PARCEL,SAID LINE ALSO BEING THE EASTERLY LINE OF PLAT OF WHITE RIVER VALLEY HOME TRACTS,FILED IN VOLUME 13 OF PLATS, PAGE 17, SOUTH 01°50'10"WEST 25.00 FEET TO THE POINT OF BEGINNING,LOCATED 55.00 FEET RIGHT OF STATION 104+84.87; THENCE SOUTH 89°00'O8"EAST 238.79 FEET,LOCATED 55.00 FEET RIGHT OF STATION 107+23.66; THENCE SOUTH 83°47'10'EAST 21.00 FEET TO THE EASTERLY PROPERTY LINE OF SAID PARCEL,SAID LINE ALSO BEING THE WESTERLY LINE OF UNRECORDED PLAT OF WHITE RIVER VALLEY HOME TRACTS NO.2,LOCATED 56.91 FEET RIGHT OF STATION 107+44.58; THENCE ALONG SAID EASTERLY PROPERTY LINE SOUTH 01°50'10"WEST 38.09 FEET,LOCATED 95.00 FEET RIGHT OF STATION 107+44.02; THENCE NORTH 86°47'49'WEST 259.78 FEET TO SAID WESTERLY PROPERTY LINE,LOCATED 85.00 FEET RIGHT OF STATION 104+84.43; THENCE ALONG SAID WESTERLY PROPERTY LINE NORTH 01°50'10"EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 9,069 SQUARE FEET,MORE OR LESS. PARCEL A (PER STATUTORY WARRANTY DEED,AUDITOR'S FILE NO.20071126001542) THAT PORTION OF THE W.A.COX DONATION LAND CLAIM NOS.38 AND 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN KING COUNTY,WASHINGTON; THENCE SOUTH ALONG EAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32; THENCE NORTH 809.4 FEET TO NORTH LINE OF DONATION CLAIM; THENCE WEST 258.2 FEET TO BEGINNING, EXCEPT STATE ROAD NO.5; AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TM STREET NORTHEAST, 1 of 2 • AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAND LYING SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF STATION 122+63 OF AUBURN WAY NORTH AND EXTENDING FROM THE NORTH LINE OF 49114 STREET NORTHEAST TO A POINT OPPOSITE STATION 122+72(AND AS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 7911271078,RECORDS OF KING COUNTY, WASHINGTON). M.KEMn� a a4 ars �,_ 1 <Fs t 4$ 8869 1wt1fl 2 of 2 • 1� A PORTION OF THE NW 14 OF SEC. 31, T. 22 N., R. 05 E.,W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON. STA 98+14.57, 2.74' RT SW COR R.H. BEATY DLC NO. 37 AM COY OF AUBURN MIC $102 S8700'10'E SOUTH 277TH STREET 669.90' 105+0T 0 am:4;1o'E 10+0 107+00 POC STA 102+85.24, Po STA 107+44.58, 30.0O'RT 56.91'RT TPOB • 58347'10'E STA 104+84.87,501'5 ' S5.00'RT STA 107+23.66, 21.00'-\ 25.00' S89'00'081238.79' 55.00'RT -, N01'S30 00�`\\\\\,\\\\\\\\\\\ \\\\\. 3Z STA 104+84.43, N86'47'49'W 259.78' S01'50'10\ 6} I 85.00'RT 38.O9 filALE $w3 I STA 107+44.02, ozcr ( 12 ) 95.00'RT 8Z�'m 0002200001 4, - RPG AUBURN PROPERTIES LLC Imo¢ 4900 AUBURN WAY N W �a WILLASM A. COX D.LC. NO. 38 m cL I i Pi 1; / yyt" ,',� RPG AUBURNOPRO PROPERTIES LLC '' . 5001 D ST. NE .Na t, 46889 k.>o %, S 701'. P A4L i 1I-25.15 Parametrlx EXHIBIT B LEGEND PROPOSED T \;;:c,,k>‘ PROPOSED SLOEMPE E&ENTSLOPE & DRAINAGE DRAINAGE EASEMENT SCALE IN FEET ( AREA=9069 S.F. PARCEL#0002200001 — POC POINT OF COMMENCEMENT 0 25 50 TPOB TRUE POINT OF BEGINNING I FILE: PS0193102T0202SV-EXHIBIT-128 DATE: Nov 24,2015