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HomeMy WebLinkAbout20160317000764 SLOPE AND DRAINAGE EASEMENT 3/7/2016 3l- Lz, C CqD T `r^ IRSI �11itlERICA� wVI till Return Address: - 9-1 City of Auburn City Clerk 25 \Vest Auburn, Main 3\n98001 II 11 III 1111 I I II I III 111111 EXCISE 2L60317 � fl764 XCISE" TAX NOT REQZ.)WED FIRSRIAN PAGEi001EOFC007ERS 79 00 03/17/2016 11 49 King ry'Co tecords KING COUNTY, WA Above this line reserved for recording information. SLOPE AND DRAINAGE EASEMENT Reference#(if applicable): N/A Grantor/Borrower RPG Auburn Properties,LLC Grantee/Assignee/Beneficiary City of Auburn Legal Description/STR. Pm.of N\V 'Vi of Section 31,Township 22 N,Range 05 E Assessor's Tax Parcel ID# 936060-0350 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 Page I of4 $!tt)documents Werrn Mesa of reerd a.9 an accommodation o.:g. It ohm. nqt been exntn*ns1 b ks g7 4 r RtsttC:it;nn(* 1.;'. .€ rts.a!'ry 41.N.-, :par 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 corporation has caused this instrument to be executed by its proper officer(s) this 7 t' day of 7 , 2016. RPG AUBURN PROPERTIES, LTC, a Delaware limited liability company By: HI 120 Real Estate Company, Inc.. a Hawaii corporation, its sole member By: ✓ _ 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 tA0.kAj\ 1 7n I to , before me,i Jt ANt4ev OcAallp . a Notary Public in and for the State of California, personally appeared 1,.\\ v1 , 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. .1ENNIFER DEL P0Z0 o < • a,rf Commisslan # 988216 Signature �` . Notary Public •California :iris," Los Angeles County My Comm.Expires Aug 17,2016I Slope and Drainage Easement Page 3 of 4 • EXHIBITS 'A' and 'B' Slope and Drainage Easement Page 4 of 4 Parametrix EXHIBIT A SLOPE AND DRAINAGE EASEMENT PARCEL NO. 9360600350 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. 13, 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 107+44.97,PER PROJECT ALIGNMENT SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE WESTERLY PROPERTY LINE SOUTH 01°50'10"WEST 26.91 FEET TO THE TRUE POINT OF BEGINNING, LOCATED 56.91 FEET RIGHT OF STATION 107+44.58; THENCE SOUTH 83647'10°EAST 55.99 FEET,LOCATED 62.00 FEET RIGHT OF STATION 108+00.33; THENCE SOUTH 89°00'10"EAST 147.85 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT,WITH A RADIUS OF 24.00 FEET,LOCATED 62.00 FEET RIGHT OF STATION 109+48.19; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°50'21'AN ARC LENGTH OF 38.05 FEET TO THE WESTERLY MARGIN OF D STREET NE,LOCATED 86.35 FEET RIGHT OF STATION 109+72.18; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01°50'10"WEST 8.64 FEET,LOCATED 95.00 FEET RIGHT OF STATION 109+72.06; THENCE NORTH 89°00'10"WEST 228.04 FEET TO SAID WESTERLY PROPERTY LINE,SAID LINE ALSO BEING THE WESTERLY LINE OF UNRECORDED PLAT OF WHITE RIVER VALLEY HOME TRACTS NO.2, LOCATED 95.00 FEET RIGHT OF STATION 107+44.02; THENCE ALONG SAID WESTERLY PROPERTY LINE NORTH 01°50'10"EAST 38.09 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 7,538 SQUARE FEET, MORE OR LESS. PARCEL A (PER STATUTORY WARRANTY DEED,AUDITOR'S FILE NO.20071126001541) THAT PORTION OF THE EAST HALF OF THE W.A.COX DONATION LAND CLAIM IN SECTION 31, TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W.A.COX DONATION LAND CLAIM; THENCE SOUTH 843.64 FEET, THENCE WEST 258.06 FEET; THENCE NORTH 844.6 FEET; THENCE EAST 258.95 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT OF LAND A DISTANCE 312 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH ALONG SAID EAST LINE 312 FEET; THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESCRIBED TRACT 258.06 FEET; THENCE NORTH ALONG THE WEST LINE OF SAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; 1 of 2 ALSO EXCEPT THE EAST 30 FEET CONDEMNED FOR ROAD PURPOSES IN KING COUNTY SUPERIOR COURT CASE NO.85322; ALSO EXCEPT THAT PORTION, IF ANY,LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO DAVE HILL AND BRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED IN VOLUME 469 OF DEEDS, PAGE 605,RECORDS OF KING COUNTY; ALSO EXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TM STREET(52ND STREET NORTHEAST); (BEING KNOWN AS A PORTION OF TRACT 46,WHITE RIVER VALLEY HOME TRACTS NO.2,ACCORDING TO THE UNRECORDED PLAT THEREOF.) tA.KE404,1 et Risk. %ENO LIP inc 2 of 2 A PORTION OF THE NW Y4 OF SEC. 31, T. 22 N., R. 05 E., W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON. STA 110+01.92, 0.05'LT STA 98+14.57, 274' RT CRY OF AUBURN ' SW COR PR BEAN DLC NO. 37 CASED MONUMENT, AKA CRY OF AUBURN NIC f 102 SOUTH 277TH STREET 1W BRASS DSK W/ PUNCH I _ POC106+00 _ 158900'10'E 1091+00 _ I 110+00 S89'00'10'E SEA CA — I 929.63' STA 107+44.97, b A=90'50121' 30.00'RT ' L=3805', ^'� c TPOB R=24.00' STA 107+44.58, SOt'50'1019_/ 56.91'12T STA 109+48.19, 26.91' STA 108+00.33, 62.00'RT S83.4Y10'E 55.99' 62.00'RT S89'00'10'E 147.85' I \\\�\\\\\ \\\\\ \ \ \ SOP50'101Y N01'S0809' \\\\\\\\\\\\ \ 8.64' NB9'00'10.W 228.04' STA 107+44.02, STA 109+72.18, I Wz 95.00'RT 86.35'RT wa W F 0 3 STA 109+72.06, I w a oo a 95.00'RT 0: No_m H a. ozi l o 13 o) oTg a 9360600350 I gym$ I RPG AUBURN PROPERTIES LLC as 5001 DST. NE 0 IU EL WHITE AVER VALLEY HOME TRACTS NO. 2 UNRECORDED r WILLIAM A. COX D.LC. NO. 38 30' O / , Po 46889 O �-e I �F 8 ssSTAt- s# i NAl Parametrix EXHIBIT B LEGEND PROPOSED 17 ‘ SLOPE& DRAINAGE \\\;• PROPOSED SLOPE& DRAINAGE EASEMENT EASEMENT SCALE IN FEET I AREA=7538 S.F. PARCEL#9360600350 POC POINT OF COMMENCEMENT 0 25 50 TPOB TRUE POINT OF BEGINNING I FILE: PS0193102T0202SV-EXHIBIT-13B DATE: Nov 24,2015