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HomeMy WebLinkAbout20160317000765 SLOPE AND DRAINAGE EASEMENT 3/7/2016 • (�J 3 z z se- ---.,OrV &WRY:ANT RI7t3 /o 01 Return Address: City of Auburn City Clerk II I 111 25 ,Pest\lain IIIII III 111111111 Auburn, 98001 20160317030765 EXCISE TAX NOT RE UEvID FIRST 01 OF 007 AN EAS 79 00 PAGE-0 RI Q 03/17/2016 11:49 King Co 2ecords KING COUNTY, WA �,p'V Above this line reserved for recording information. SLOPE AND DRAINAGE EASEMENT Reference#(if applicable): N/A Grantor/Borrower: Auburn Properties, INC Grantee/Assignee/Beneficiary. City of Auburn Legal Description/STR. Ptn.of N\V '/ of Section 31,Township 22 N. Range 05 E Assessor's Tax ParceltD#. 936060-0340 The Grantor(s), Auburn Properties, INC. 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 documents we,or f 1 Of Page I of 4 reeved as 911 r.CcommmcOatixl Cfte4 It Ole not been examirwtl as iro W3i)er ntOCut4On or ae to ire afte# 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 easement, 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 WI-IEREOP, said has caused this instrument to be executed by its proper officer(s) this _corporationt day of /111ee../�- . 2016. AUBURN PROPERTIES. INC.. a Washington corporation By Nat : 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 (11Gr(N\ "I 'La I co . before me v L, psi furD , h Notary Public in and for the State of California, personally appeared 1\ ctc,��CA-e\L . 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. �.o, JENNIFER DEL POZO ,�,�,r Commission # 1988216 a -F-A„� Notary Public •California z z 1, Signature 3 .,.0 Los Angeles County T] My Comm.Expires Aug 17,2016 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. 9360600340 A PORTION OF THE BELOW DESCRIBED COMBINED PARCELS A AND B,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 NORTHEAST CORNER OF BELOW DESCRIBED COMBINED PARCELS A AND B, SAID POINT ALSO BEING THE NORTHEAST CORNER OF EASTERLY PARCEL DESIGNATION NO. 14, PER RECORD OF SURVEY FILED IN VOLUME 327 OF SURVEYS, PAGES 102-103,LOCATED ON THE SOUTHERLY MARGIN OF SOUTH 277TH STREET,30.00 FEET RIGHT OF STATION 115+20.29,PER PROJECT ALIGNMENT SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE EASTERLY PROPERTY LINE OF SAID PARCEL SOUTH 01°48'58'WEST 35.00 FEET TO THE TRUE POINT OF BEGINNING,LOCATED 65.00 FEET RIGHT OF STATION 115+19.79; THENCE CONTINUING ALONG SAID EASTERLY PROPERTY LINE SOUTH 01°48'58"WEST 20.01 FEET, LOCATED 85.00 FEET RIGHT OF STATION 115+19.51; THENCE NORTH 86°47'11"WEST 387.86 FEET, LOCATED 70.00 FEET RIGHT OF STATION 111+31.94; THENCE NORTH 89°00'10"WEST 90.34 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 52°55'23'EAST,WITH A RADIUS OF 50.00 FEET,LOCATED 70.00 FEET RIGHT OF STATION 110+41.59; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°42'06"AN ARC LENGTH OF 48.61 FEET,LOCATED 49.47 FEET RIGHT OF STATION 110+83.56; THENCE SOUTH 87°13'1T EAST 177.82 FEET, LOCATED 55.00 FEET RIGHT OF STATION 112+61.29; THENCE SOUTH 86°47'16"EAST 258.69 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 9,265 SQUARE FEET,MORE OR LESS. COMBINED PARCELS A AND B PARCEL A (PER TITLE COMMITMENT NO.4209-2172125,FIRST AMERICAN TITLE) THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A.COX AND HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO.38, BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE NORTH LINE OF SAID DONATION CLAIM,WHICH POINT IS 938.33 FEET SOUTH 89°10'30"WEST FROM THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE SOUTH 89°10'30"WEST ALONG THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET, THENCE SOUTH 0°49'30"WEST 842.68 FEET TO A POINT ON THE NORTH LINE OF THE COUNTY ROAD, WHICH POINT IS 1,197.18 FEET SOUTH 88°56'30"WEST OF THE EAST LINE OF SAID DONATION CLAIM; THENCE NORTH 88'56'30'EAST ALONG THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET, THENCE NORTH 0°49'30°EAST 841.71 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION,IF ANY,LYING WITHIN SOUTH 277TH STREET(ALSO KNOWN AS 52ND STREET NORTHEAST); TOGETHER WITH THAT PORTION OF 49TH STREET NORTHEAST ADJACENT,VACATED BY CITY OF AUBURN ORDINANCE NO.3594,RECORDED UNDER KING COUNTY RECORDING NUMBER 8102090641, WHICH ATTACHED BY OPERATION OF LAW. (BEING KNOWN AS TRACT 44 OF SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS, 1 of 2 ACCORDING TO THE UNRECORDED PLAT THEREOF; EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD.) PARCEL B (PER TITLE COMMITMENT NO.4209-2172125,FIRST AMERICAN TITLE) THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A.COX AND HIS WIFE,ELIZABETH COX, DESIGNATED AS CLAIM NO.38,BEING A PART OF SECTION 31,TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM AT A POINT WHICH IS SOUTH 89°10'30"WEST 1,196.97 FEET FROM THE NORTHEAST CORNER THEREOF, THENCE SOUTH 89°10'30"WEST ALONG SAID NORTHERLY LINE 258.34 FEET, THENCE SOUTH 1°03'30"WEST 843.64 FEET TO THE NORTHERLY LINE OF COUNTY ROAD AT A POINT WHICH IS SOUTH 88°56'30"WEST 1,455.53 FEET FROM THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTH 88°56'30"EAST 258.35 FEET, THENCE NORTH 0°49'30"EAST 842.68 FEET TO THE POINT OF BEGINNING; EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD BY DEED RECORDED UNDER RECORDING NUMBER 757765; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET(ALSO KNOWN AS 52ND STREET NORTHEAST); ALSO EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONTAINED IN A DOCUMENT RECORDED UNDER RECORDING NUMBER 7103110262; TOGETHER WITH THAT PORTION OF 49TH STREET NORTHEAST ADJACENT,VACATED BY CITY OF AUBURN ORDINANCE NUMBER 3594,RECORDED UNDER KING COUNTY RECORDING NUMBER 8102090641,WHICH ATTACHED BY OPERATION OF LAW. (BEING KNOWN AS TRACT 45 OF SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF; EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD.) • KEMN/rr't to 4att V6,91/ use- rr-is-is 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. m _, sTA 110+01.92, 0.05'LT STA 124+58.63, 30.001RT CRY OF AUBURN NE COR WA COX DLC NO. 38 mCASED MONUMENT, MA CRY OF AUBURN #104 N 1$' BRASS DISK WI PUNCH — 2' IRON PIPE SOUTH 277TH STREET STA 115+20.29, N89'00'10Y7 30.00'RT 938.33' : SB9'odlo'E 112+00 113+00 114+00 115+00 — — CA 111 0 STA 110+�83.56, STA 7F 12+61.29, 1 _49.47'RT 55.00'RT -RI .r S87131I7E 777.82' S01'48'S. . S86'47116'E 258.69' 35.00' f eR$ NBGar711M 367.Bs \\ \\\\\\\\\\\ 0 �t£s?t. STA 111+31.94, TWOS 30 J� 70.00'RT STA 115+19.79 N89'00'10-W 65.00'RT A5'42'06' S01'4B'S81Y -N w I —ON 110+41.59 L=46.61, 20.01' I , I-- 70.00•RT R�0.00' SEA 115+19.51 I[1 2 -c w 85.00'RT 8� IFw I &&c° co rnzn a ( 14 ) a >N 9360600340 < AUBURN PROPERTIES INC gI 28032 86TH AVE S 98002 PI WHITE RNER VALLEY HOME TRACTS NO. 2 UNRECORDED '�9,oi!ee etN•v,/ WILLIAM A. COX D.LC. NO. 38 Al, ,/ P1 1, 46889 .9 I AFCr ANL$Aroli QS" 11-Z5-15 Parametrlx LEGEND EXHIBIT B PROPOSED 1, \ PROPOSED SLOPE& SLOPE&DRAINAGE DRAINAGE EASEMENT EASEMENT SCALE IN FEET R RADIAL AREA=9265 S.F. PARCEL#9360600340 POC POINT OF COMMENCEMENT 0 50 100 TPOB TRUE POINT OF BEGINNING FILE: PS0193102T0202SV-EXHIBIT-14B DATE. Nov 05,2015 I