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Home My WebLink About20160509000778 DRAINAGE EASEMENT 05/09/2016 VFW �IJvZ j o� Y�J�ti '(o. 0 Return Address: ( - i i - City of Auburn 2 3. (k509000778 City Clerk PAGET001EOF AMER/CAN 78.00 25 West Main 05/09/2016 13:08 KING COUNTY, WA Auburn,WA 98001 • EXCISE TAX NOT REQUIRED r c,mf itt$ `of King County Records Division recritAi zc1Onradao.;,; By' fl krynp Dep Uty o,.,fir a ;Utiott Cx az; W Above this line reserved for recording information. DRAINAGE EASEMENT Reference#(if applicable): N/A Grantor/Borrower: Nationwide Theatres West Flagler,LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Ptn.of NW '/a of Section 31,Township 22 N,Range 05 E Assessor's Tax Parcel ID#: 936060-0325 The Grantor(s), Nationwide Theatres West Flagler, 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 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 drainage improvements to be constructed by the Grantee, including grading, excavating, inspecting, operating, repairing, improving, and restoring the real property and/or the drainage improvements. The drainage easement is described in Exhibit "B" attached hereto and incorporated by these references. Grantor shall not perform any activities that may damage improvements built or constructed within the easement areas, including the planting of vegetation or performing any excavation that would have the effect of weakening the support of said improvements. Said Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said easement for the purpose of maintaining said drainage 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 Drainage Easement Page 1 of 3 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 Le" day of t1c ,2016. Nationwide Theatres West Flagler,LLC a Delaware Limited Liability Company By: NT West Flagler,Inc., a Delaware corporation, as manager Sap stein Secretary 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()11/1 '1 ,20\(.0, before me, J-e'\h\L v rR0 a Notary Public in and for the State of California,personally appeared � �pvS�e,� , 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. * JENNIFER DEL POZO Commission # 1988216 Notary Public-California WITNESS my hand and official seal. Z Los Angeles County U My Comm.Expires Aug 17,2016; Signature !� v 1 Drainage Easem6t Page 2 of 3 n . EXHIBITS 'A' and `B' • Drainage Easement Page 3 of 3 • Parametrix EXHIBIT A DRAINAGE EASEMENT PARCEL NO. 9360600325 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 NORTHEAST CORNER OF BELOW DESCRIBED PARCEL A, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF PARCEL DESIGNATION NO. 17, PER RECORD OF SURVEY FILED IN VOLUME 327 OF SURVEYS,PAGES 102-103,LOCATED 453.53 FEET RIGHT OF STATION 124+52.69, PER PROJECT ALIGNMENT SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE NORTHERLY PROPERTY LINE OF SAID PARCEL NORTH 89°12'44"WEST 108.89 FEET TO THE TRUE POINT OF BEGINNING, LOCATED 453.93 FEET RIGHT OF STATION 123+43.80; THENCE SOUTH 10°42'48"WEST 63.49 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT,WITH A RADIUS OF 44.00 FEET, LOCATED 516.51 FEET RIGHT OF STATION 123+33.09; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 130°05'16"AN ARC LENGTH OF 99.90 FEET, LOCATED 537.48 FEET RIGHT OF STATION 122+56.11; THENCE NORTH 39°11'56"WEST 29,57 FEET, LOCATED 514.89 FEET RIGHT OF STATION 123+37.02; THENCE NORTH 03°55'03"WEST 60.77 FEET TO SAID NORTHERLY PROPERTY LINE, LOCATED 454.34 FEET RIGHT OF STATION 122+31.81; THENCE ALONG SAID NORTHERLY PROPERTY LINE SOUTH 89°12'44"EAST 111.99 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 8,933 SQUARE FEET, MORE OR LESS. PARCEL A (PER STATUTORY WARRANTY DEED,AUDITOR'S FILE NO.20150116000899) THE SOUTH 414.56 FEET OF THAT PORTION OF W.A.COX DONATION LAND CLAIM IN TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE WESTERLY ALONG THE NORTH LINE OF SAID DONATION LAND CLAIM 420.15 FEET; THENCE SOUTH 839.74 FEET, MORE OR LESS,TO THE NORTH LINE OF THE COUNTY ROAD"SOUTH 280TH STREET" (49TH ST NE)AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE EAST ALONG SAID COUNTY ROAD 420.31 FEET TO THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTHERLY ALONG THE EAST LINE OF SAID DONATION LAND CLAIM 838.2 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NE ADJOINING AS VACATED BY CITY OF AUBURN ORDINANCE NUMBER 3614 UNDER RECORDING NUMBER 8104220744,AS WOULD ATTACH BY OPERATION OF LAW(BEING THE NORTH HALF OF THE 40 FOOT RIGHT OF WAY CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 544796). 1 of 2 PARCEL B (PER STATUTORY WARRANTY DEED,AUDITOR'S FILE NO. 20150116000899) AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF SAID W.A.COX DONATION LAND CLAIM, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE WESTERLY ALONG THE NORTH LINE OF SAID W.A. COX DONATION LAND CLAIM 230.15 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT; THENCE EASTERLY ALONG SAID NORTH LINE 40.00 FEET; THENCE SOUTHERLY TO A POINT ON THE NORTH LINE OF THE COUNTY ROAD"SOUTH 280TH STREET" WHICH IS 190.37 FEET WEST OF THE EAST LINE OF SAID COX DONATION LAND CLAIM; THENCE WESTERLY ALONG THE NORTH LINE OF SAID ROAD 40.00 FEET; THENCE NORTHERLY TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET. PARCELS A AND B COLLECTIVELY KNOWN AS THE SOUTH 414.56 FEET OF TRACTS 40 AND 41, SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE UNRECORDED PLAT THEREOF; TOGETHER WITH AN EASEMENT FOR ROAD OVER THE EAST 40 FEET OF THE WEST 230 FEET OF THAT PORTION OF SAID TRACT 41, LYING NORTHERLY OF SAID SOUTH 414.56 FEET. KEM �ovAs ;r1 A / 4836-00 46 441 Alm ir,6_'5. 2 of 2 • , A PORTION OF THE NW/4 OF SEC. 31, T. 22 N., R. 05 E., W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON. STA 124+58.63, 30.00'RT • NE COR WA. COX DLC NO. 38 • SOUTH 277TH STREET AKA CITY OF AUBURN #104 I 119+00 120+00 2' IRON PIPE S89'00'10'E 122+00 1 — 1 — C/L 1 1 — 123�00 —124+00 I t t ( 16 ) ( 17 ) 9360600323 I 9360600320 AUBURN PROPERTIES INC AUBURN PROPERTIES INC ;0 30� 9031 52ND ST NE I XXX S 277th ST N STA 122+31.81, STA 124+52POC.69, 5 . 454.34'RT 1S89,12,44,E 111 99, 453.53'RT --N 1 PROPERLY TINE ' ..:0". �'i'' ' /'i'i N89'12'44V 108.89' I I NO3'55'031V , ,� ., TPOB W STA 123+37.02, 60.77' '�� '�� STA 123+43.80, ( 15 ) F-- 514.89'RT - �','� ',','� 453.93'RT 9360600330 W N39'11'56"W ' AUBURN PROPERTIES INC 29 57' �','' 510'42'48"W co I 28032 86TH AVE S H 63.49' co STA 122+56.11, Z'� b 537.48'RT A=130'05'16' _jIz L=99.90' d R=44.00' v•o STA 123+33.09, z II 516.51'RT I.R. 3 9360600325) ( 18 ) F,O o RAs Eti/� • NATIONWIDE THEATERS WEST FL 0004200006 ��cg BiNGoi�� XXX G STREET NE 102545THSA E NE / 11 .. •a 1, -sit'.. t 46889 O �-.° ( 32 I Fps305 /NgLSLto - AUBURN PROPERTIES INC ' 401 49TH ST NE . Parametrix LEGEND EXHIBIT B /,', /, PROPOSED PROPOSED ;',",/ DRAINAGE DRAINAGE ,, EASEMENT EASEMENT SCALE IN FEET I AREA=8933 S.F. PARCEL#9360600325 POC POINT OF COMMENCEMENT 0 40 80 TPOB TRUE POINT OF BEGINNING I FILE: PS0193102T0202SV-EXHIBIT-31A DATE: Nov 05,2015