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HomeMy WebLinkAbout20160317000766 SLOPE AND DRAINAGE EASEMENT 3/7/2016 3/- 22- 5 i Return Address: City of Auburn City Clerk 25 West Auburn,VA'r98001 IIII II III IIII I 11111111 11111111 EXCISE TAX NOT REQUIRED 20:6_61031700)766 KtttgCo PJOOrds 03/17/ 00 PAGE-0201601 F10:49 r , KING COUNTY, WA • Above this line reserved for recording information. SLOPE AND DRAINAGE EASEMENT Reference it(if applicable): N/A Grantor/Borrower Auburn Properties, INC Grantee/Assignee/Beneficiary: City of Auburn Legal Deseription/STR. Ptn.of NW ''A of Section 31,Township 22 N. Range 05 E Assessor's Tax Parcel ID# 936060-0330 The Grantor(s), Auburn Properties, INC, for and in valuable consideration in hand paid, do(cs) 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 casement 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 zeta claseronts were?Nagel rec09J es 9n sixommodats 4N 41 4 Page I of4 It mkt nct beyn aar:an:>r,,;.t srs x.. ?3DLr e'.arn:litaon O. a. .c%.w,, ee.'n effect of weakening the support of said Interim Improvements. It is the intention that the Interim Improvements constructed by the Grantee arc 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 casement 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 he 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 7rta- day of 7'vi a,Y�� , 2016. AUBURN PROPERTIES, INC.. a Washington corporation By Na Jill Saperstein Title: Secretary Slope and Drainage Easement Page 2of4 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 rn/Jr(,/n "[ 2.01lQ , before me,Cen\r c 'DAV° o , a Notary Public in and for the State of California, personally appeared •.1.1\ SlP,ry . 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. \(1�1 n B + JENNIFER DEL POZO Signature �,,,t Commission # 1988216 - v Z. r�.�r Notary Public -California z .Tj Los Angeles County Islili. My Comm.Expires Aug 17.20161 Slope and Drainage Easement Page 3 of 4 1 • EXHIBITS 'A' and -B- Slope and Drainage Easement Page 4 of 4 I Parametrix EXHIBIT A SLOPE AND DRAINAGE EASEMENT PARCEL NO. 9360600330 A PORTION OF THE BELOW DESCRIBED PARCEL E,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 E,SAID POINT ALSO BEING THE NORTHWEST CORNER OF WESTERLY PARCEL DESIGNATION NO. 15, 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 WESTERLY 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 SOUTH 86°37'35'EAST 96.49 FEET, LOCATED 69.00 FEET RIGHT OF STATION 116+16.20; THENCE SOUTH 82°00'07"EAST 98.47 FEET, LOCATED 81.00 FEET RIGHT OF STATION 117+13.94; THENCE SOUTH 89°00'10'EAST 168.65 FEET,LOCATED 81.00 FEET RIGHT OF STATION 118+82.59; THENCE SOUTH 55'37'11"EAST 13.32 FEET,LOCATED 88.33 FEET RIGHT OF STATION 118+93.72; THENCE SOUTH 89°00'06"EAST 113.92 FEET TO THE EASTERLY PROPERTY OF SAID PARCEL, LOCATED 88.33 FEET RIGHT OF STATION 120+07.64; THENCE ALONG SAID EASTERLY PROPERTY LINE SOUTH 01°48'58"WEST 12.66 FEET, LOCATED 101.00 FEET RIGHT OF STATION 120+07.46; THENCE NORTH 89°00'10'WEST 294.93 FEET, LOCATED 101.00 FEET RIGHT OF STATION 117+12.53; THENCE NORTH 82°00'07'WEST 98.97 FEET,LOCATED 88.93 FEET RIGHT OF STATION 116+14.30; THENCE NORTH 86°3T43"WEST 94.67 FEET TO SAID WESTERLY PROPERTY LINE,LOCATED 85.00 FEET RIGHT OF STATION 116+19.51, THENCE ALONG SAID WESTERLY PROPERTY LINE NORTH 01°48'58'EAST 20.01 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 8,899 SQUARE FEET, MORE OR LESS. PARCEL E (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,TOW NSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION LAND CLAIM,A DISTANCE OF 420.15 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 839.74 FEET TO THE NORTH MARGIN OF SOUTH 280TH STREET,AS ESTABLISHED BY DEED TO KING COUNTY, RECORDED UNDER RECORDING NUMBER 544796; THENCE WEST ALONG SAID NORTH MARGIN 259.26 FEET; THENCE NORTH 840.74 FEET TO A POINT ON SAID NORTH LINE A DISTANCE OF 259.24 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; EXCEPT THE EAST 30 FEET, BE DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 5869551; 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 1 of 2 RECORDED UNDER KING COUNTY RECORDED NUMBER 7103110262; TOGETHER WTIH 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 42 OF SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF.) TOGETHER WITH 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 NORTH LINE OF SAID DONATION CLAIM AT A POINT 679.39 FEET WEST FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89°10'30"WEST ALONG SAID NORTH LINE 258.94 FEET, THENCE SOUTH 0°49'30"WEST 841.71 FEET TO THE NORTH MARGIN OF SOUTH 280TH STREET,AS ESTABLISHED BY DEED TO KING COUNTY, RECORDED UNDER RECORDING NUMBER 544796,SAID POINT BEING SOUTH 88°56'30'WEST 938.52 FEET FROM THE EAST LINE OF SAID DONATION CLAIM; THENCE NORTH 88°56'30°EAST ALONG SAID NORTH MARGIN 258.95 FEET; THENCE NORTH 840.70 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY,LYING WITHIN SOUTH 277TH STREET(ALSO KNOWN AS 52ND STREET NORTHEAST); TOGETHER WTIH 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 43 OF SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF.) MwKE#44,/Tra 4�ie� II-2S-1$ 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 124+58.63, 30.00'RT POC NE COR WA COX DLC NO. 38 STA 115+20.29, AM COY OF AUBURN j104 30.00'RT 2' IRON PIPE ---, 501148'58V1 35.00' TPOB STA STA 115+19.79, STA 117+13.94, SOUTH 277TH STREET 65.00'RT 81.00'RT 115+00 116+00 117+00� 118+00 119+00 120+00 STA 116+18.20 C/L I— I — I —____ 69.00'RT 589'00'10T pal 58613135T 938333' . —STA 118+82.59 96.49' �040'0]'E 81.001RT 1 I , -;. \',\\`\;.•,', '.7 S89'00110'E 168.651 58500'Og'E JI N86'3T4 �1' .:� ,\'\ \`, '‘'N :,�� �:\ 113.9? 94.87 hB2'DO'O ,w ' ,� _ \ \\\\>S:\\.'\\ 98.971 N89'00'10'W 294.93' STA 117+12.53, SOP48'S8'W 101.00'RT 1266' STA 116+14.30, 5553Y11'E Iw STA 116+19.51, 88.93'Ri 13'32 30' 85.00'RT STA 118+93.72, g 88.33'RT i W & STA 120+07.64, Z I t2z 88.33'RT I w MFp W 1 STA 120+07.46, p`�rcZv til p2N AUBURN3PROPERTIES INC 101.OD'RT 28032 86TH AVE S 98002 15 'gig 9360600330 a AUBURN PROPERTIES INC alp oPA WA/E ,/ 28032 86TH AVE S F'yse rpy 1 % / WHITE RIVER VALLEY HOME TRACTS NO. 2 k .' 7 UNRECORDED it r . J 11>I WILLWM A. COX D.LC. NO. 38 Po,� 6 46889 .O �4' I Fss C/SrsR �e'' I - -''4L LAND iI, S I ',-Ec-i c Parametrlx LEGEND EXHIBIT B PROPOSED \ PROPOSED SLOPE& SLOPE &DRAINAGE v •\\, DRAINAGE EASEMENT EASEMENT SCALE IN FEET R RADIAL I AREA=8899 S.F. PARCEL#9360600330 — ®_ _ 0 50 100 POC POINT OF COMMENCEMENTI FILE: PS0193102T02025V-EXHIBIT-15B DATE: Nov 24,2015 TPOB TRUE POINT OF BEGINNING