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HomeMy WebLinkAbout20200226000961 SIDEWALK EASEMENT w - 21-`) 111411 11111 E Hhl 1I .101 11 I II I I i IIS 20200226000961 EASEMENT Rec: $110.50 Return Address: 2126/2020 2.51 PM City of Auburn KING COUNTY,WA City Clerk 25West MaiMain 98001 BXCISE AX OT • Q9IRE King '0 ', , S wlSlon ,- . fepUtY By FIRST AMERICAN_NehiL2d IO / Above this line reserved for recording information. SIDEWALK EASEMENT Reference#(if applicable): Grantor: KIMCO L-S LIMITED PARTNERSHIP Grantee: City of Auburn, a municipal corporation of the State of Washington Legal Description/STR: LOT 2 OF AUBURN SHORT PLAT# SPL0004-98 REC#9807291683 SD SP LOCATED IN GOVT LOTS 3& 15 IN SEC 7- 21-5&OF THE J BRANNON DONATION CLAIM#38 LY SLY OF 15TH ST NE&ELY OF"D"ST NE&WLY OF AUBURN WAY N Assessor's Tax Parcel ID#: 072105-9004 For and in consideration of the sum of TEN DOLLARS ($10.00)and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, KIMCO L-S LIMITED PARTNERSHIP, a limited partnership, hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of the State of Washington, its successors and assigns, a perpetual nonexclusive Easement under, over, through and across the following described real property ("Easement Area") for the purpose of laying, maintaining the improvements to be constructed by the Grantee, including curbs, sidewalks, and other facilities and appurtenances thereto the Grantee deems necessary. The Easement Area being a portion of the above-designated King County Tax Parcel("Parent Parcel"), and described as follows: SEE EXHIBITS "A"AND"B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. REECORD NG REQUESTED SY �r ST AMERICAN TITLE COMPANY AS AN ACCOI,MDATION ONLY Easement Page 1 of 7 ENG-078,Revised 4/18 Grantee shall, upon 24-hours notice to Grantor, have the absolute right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Grantee shall have the absolute right to place any type of driving surface within the Easement Area deemed necessary by the Grantee so long as such driving surface is consistent with the Shopping Center. Grantor shall not in any way block, restrict or impede access and egress to or from the Easement Area, and/or in any way block, restrict or impede full use of the real property within the Easement Area by the Grantee for the above-described purposes. No building, wall, rockery, fence,trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of the Easement Area, without the express written consent of the Grantee, such consent not to be unreasonably withheld, conditioned or delayed. Grantor grants to the Grantee the right of ingress and egress to the Easement Area over and across all paved,graveled,or otherwise improved driveways or parking lots within the Parent Parcel. If direct access to the Easement Area is not available from such driveways or parking lots,the Grantee's right of ingress and egress shall include such other areas within the Parent Parcel as the Grantee determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel's boundaries. In the case of any damage or disruption of the Parent Parcel or improvements thereon caused by Grantee's construction, reconstruction, installation, operation, maintenance, repair, replacement, or removal, the Grantee shall return the property to its condition as it existed immediately before entry and/or work was made thereon by the Grantee or its agents. Grantee will not permit any mechanics',materialmen's or other liens to stand against Grantor's property for work or materials furnished in connection with the easement rights, and Grantee agrees to defend, indemnify and hold Grantor harmless from the same (including attorneys'fees). Grantor and its successors or assigns shall have the right to use the land within the limits of the Easement area in any manner which does not interfere with the rights of Grantee, including without limitation, the right to pave the land and use the same as a parking lot or roadway and the right to install, maintain, replace, repair, remove, and operate utility lines, such as sanitary sewers, storm sewers, and gas lines, provided, however, no building structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. Grantee agrees to defend,indemnify and save Grantor and its successors and assigns harmless from all liabilities, losses, damages, demands, claims, causes of action or judgments, and expenses incurred in investigating the same or legal fees for the defense of the same,relating to any injury to person, loss of life or damage to property occurring arising out of Grantee's use and occupancy of the Easement area or occurring anywhere in Grantee's exercise of its easement rights. Grantee agrees to maintain adequate insurance covering its Easement Page 2 of 7 ENG-078,Revised 4/18 obligations as stated herein with respect to injury to person or property and loss of life and furnish Grantor with certificates of such insurance on request. Grantee shall have no right to assign, sublet or license to any other person or entity its rights under this Easement. Any construction, reconstruction, installation, operation, maintenance, repair, replacement,or removal by Grantee shall be at no cost to Grantor and shall be so performed as to interfere as little as possible with the use and enjoyment of the property by Grantor or persons occupying or lawfully on the property. To effectuate this intent, Grantee shall (i) provide and maintain safe vehicular and/or pedestrian bridges for use by Grantor's customers, agents, employees, and invitees, where necessary, to continue free access to stores and parking lots; and (ii) keep the Easement area and Grantor's property free of equipment and materials at all times, except when necessary because workmen are actively working in the Easement area. In the event that the Easement area or any part thereof, or Grantee's easement rights are taken under the power of eminent domain, any award for such a taking or damages paid as a result of the taking shall be the sole and exclusive property of Grantor. Grantee agrees to execute any instrument of assignment as may be required by Grantor for the recovery of damages and agrees to turn over to Grantor any damage proceeds that may be recovered,but Grantee may recover for itself damages for labor costs incurred and for any items of property belonging to Grantee (such as pipes, wires, conduits, or equipment) which are so taken, provided Grantor's award is not reduced thereby. This easement is subject to all covenants, conditions, agreements and other matters of record. Grantee, by its acceptance of the delivery of this Grant of Easement, assumes and agrees to perform all of the promises, agreements, and obligations herein provided to be performed on the part of Grantee. This Easement shall be a covenant running with the Parent Parcel shall burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 3 of 7 ENG-078,Revised 4/18 IN WITNESS WHEREOF, said corpora 'on has caused this instrument to be executed by its proper officer(s)this 74-h day of , 2020. KIMCO L-S LIMITED PARTNERSHIP By: Kimco North Carolina TRS, Inc., its general partner By: Acz. ./ Nam Jason Lee Title. Vice president STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that and ': are the person(s) who appeared before me, and said person(s) acknowledge,. that he/she/they signed this instrument and on oath stated that he/she/they was/were horized to execute the instrument as the and of , a corporat'•n, and acknowledged it to be that party's free and voluntary act for the uses and pur..ses mentioned in the instrument. Dated Q_9_\ C, if/LC 1otary Public in and for the State of Washington Residing at My appointment expires Easement Page 4 of 7 ENG-078,Revised 4/18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) !!ll V On hrA4 1 r before me, P• � "�h a Notary Public in and for said State, personally appeared '3 O OV U.42 , 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. „• . Notary PuPbliBc-YUN California Aft. Orange County �'j.+!► Commission 2293116 '`"O`er My Comm.Expires Jun 15,2023 Sig of Not. WO (SE EXHIBIT"A" Sidewalk Easement Legal Description That portion of Lot 2, City of Auburn Short Plat SPL0004-98 recorded under recording number 199808311700, King County, Washington, in the Northeast Quarter of the Southwest Quarter of Section 7,Township 21 North, Range 5 East, Willamette Meridian, being a strip of land 5.00 feet in width lying 2.50 feet on each side of the following described centerline: Commencing at the Northeast corner of said Lot 2; thence South 00°39'23" West a distance of 142.45 feet along the East line of said lot also being the Westerly Right of Way Margin of Auburn Way North to a point of cusp hereinafter referred to as Point"A"; Thence continuing on said East line a distance of 31.98 feet to a point of cusp hereinafter referred to as Point "B"; Thence continuing on said East line a distance of 198.26 feet to a point of cusp hereinafter referred to as Point"C"; Thence continuing on said East line a distance of 33.63 feet to a point of cusp hereinafter referred to as Point"D"; Thence continuing on said East line a distance of 22.56 feet to a point hereinafter referred to as Point Thence continuing on said East line a distance of 79.42 feet to an angle point; Thence continuing along said East line South 00°43'31" West a distance of 78.51 feet to a point of cusp and the point of beginning;Thence Southwesterly along a non-tangent curve concave to the Northwest through a central angle of 17°39'53" having a radius of 21.0 feet which radial center bears North 32°13'05" West, an arc distance of 6.48 feet to the terminus of this described centerline; Together with a strip of land 5.00 feet in width lying 2.50 feet on each side of the following described centerline which begins at the aforementioned Point"A"; Thence Southwesterly along a non-tangent curve concave to the Northwest through a central angle of 26°42'29" having a radius of 21.0 feet which radial center bears North 26°41'33" West, an arc distance of 9.79 feet to a point of tangency;Thence South 89°56'07" West a distance of 11.17 feet to the terminus of this described centerline; Together with a strip of land 5.00 feet in width lying 2.50 feet on each side of the following described centerline which begins at the aforementioned Point"B";Thence Northwesterly along a non-tangent curve concave to the Southwest through a central angle of 28°17'10" having a radius of 21.0 feet which radial center bears South 28°06'03" West, an arc distance of 10.37 feet to a point of tangency; Thence South 89°48'52" West a distance of 0.79 feet to the terminus of this described centerline; Together with a strip of land 5.00 feet in width lying 2.50 feet on each side of the following described centerline which begins at the aforementioned Point"C"; Thence Southwesterly along a non-tangent curve concave to the Northwest through a central angle of 33°25'23" having a radius of 21.0 feet which radial center bears North 32°10'07" West, an arc distance of 12.26 feet to the terminus of this described centerline; Page 1 of 2 Together with a strip of land 5.00 feet in width lying 2.50 feet on each side of the following described centerline which begins at the aforementioned Point"D";Thence Northwesterly along a non-tangent curve concave to the Southwest through a central angle of 31°38'37" having a radius of 21.0 feet which radial center bears South 33°08'56" West, an arc distance of 11.60 feet to the terminus of this described centerline; The sidelines of the above described strips shall be lengthened or shortened, as required, to intersect with the East line of said Lot 2 and the Westerly Right of Way Margin of Auburn Way North. Together with that portion of said Lot 2 beginning at the aforementioned Point "E";Thence North 89°20'37" West a distance of 6.00 feet;Thence North 00°39'23" East a distance of 9.67 feet;Thence South 89°20'37" East to the East line of said Lot 2; Thence along said East Line South 00°39'23" West a distance of 6.00 feet to the point of beginning. Containing an area of 371 square feet, more or less. The Basis of Bearings for this description is South 00°39'23" West being the monumented line from the monument located at the intersection of 15th Street Northeast &Auburn Way North to the most northerly monument located at the intersection of 12th Street Northeast&Auburn Way North,City of Auburn, Washington. 12 1Z3 liCOM .07 52833 <O JGIST& ,()AL L81:';`O Page 2 of 2 15TH STREET NE . 1 POINT OF COMMENCEMENT in NE CORNER LOT 2 `r N NI- I C.1 ..:7"-•PT CoA X4.000004-g°REC. NO. 199E3093T'11700 cn [SOT 2 5'WIDE PT SIDEWALK C2 „B„ EASEMENT (TYP) I z I� Q SCALE: 1"=60 FEET 3 < iiiii_�—� M r 0 30 60 120 0 in u_ 1.6o I 0 Nr Cn TPN 072105-9004 In = I 1231 AUBURN WAY NORTH LLI ~ U In O N w Z M CURVE TABLE 0 < CURVE CENTRAL ANGLE ARC DIST. RADIUS I Cl 26°42'29" 9.79' 21.0' C3 PTC„ (n „ C2 28°1710" 10.37' 21.0' re) Z C3 33°25'23" 12.26' 21.0' uO 0 Ct C4 31°38'37" 11.60' 21.0' '`i PT Z D C5 17°39'53" 6.48' 21.0' C4 1. "D"CD Q m LO W %N m Q It it3 ',O1 6.00' A K i.I PT 0 SIDEWALK I "E" EASEMENT ', (7YP) Cl Q S till EN 6�f $ of m 1 OF N, As fy� e, j L ti `.1' \ 1 ,i cr q 52x33 O _ C:._._ FGiS7rcF`� ¢, F - ) 06 0 L-i------ . - ...,.. ...... ,ip,t U) I POB CS 'rl MOST NORTHERLY MON AT 12TH ST NE—__. 1 . EXHIBIT "B" PROJ:CP1903 CITY OF f_ CITY OF AUBURN 12i23i2o1s SIDEWALK EASEMENT • �!��=�! , WASHINGTON PUBLIC WORKS DEPARTMENT DEPICTION SCALE: 1"=60' DRAWN BY:TAG