HomeMy WebLinkAbout20200226000961 SIDEWALK EASEMENT w - 21-`)
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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
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52833 <O
JGIST&
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Page 2 of 2
15TH STREET NE
. 1
POINT OF COMMENCEMENT in
NE CORNER LOT 2 `r
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CoA X4.000004-g°REC. NO. 199E3093T'11700
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SIDEWALK C2 „B„
EASEMENT
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SCALE: 1"=60 FEET 3 <
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TPN 072105-9004 In = I
1231 AUBURN WAY NORTH LLI
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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
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LO W
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SIDEWALK I "E"
EASEMENT
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MOST NORTHERLY MON AT 12TH ST NE—__. 1
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EXHIBIT "B" PROJ:CP1903
CITY OF f_ CITY OF AUBURN
12i23i2o1s
SIDEWALK EASEMENT
• �!��=�! ,
WASHINGTON PUBLIC WORKS DEPARTMENT DEPICTION SCALE: 1"=60'
DRAWN BY:TAG