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Home My WebLink AboutEvergreen Tucci PartnersQNW--~- vJ`~,I'~ ~~- Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. SEWER EASEMENT FACOS-0024 E~~H~~mum~wP~m~u~sM~u~o~u~~ Reference # (if applicable): N/A Grantor/Borrower: Evergreen Tucci partners LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: A Portion of Section 6 & 7 20N-SE Assessor's Tax Parcel ID#: 900535-0020 & 900535-0030 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, Grantor, Evergreen Tucci Partners LLC hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, 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, and installing 8-inch Sanitary Sewer Main AND APPURTENANCES THEREOF, said Easement Area being a portion of the above- designated Tax Parcels ("Parent Parcels"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall 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. Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. Easement _a~~~ Page 1 of6 ~X~i~JE TAX EXE~~'~ ~~)1'°•.~~ ~ ~ ~ F~~,ce County By „~~~ Auth. Sig Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement Area, and/or in any way block, restrict or impede full use of the real property within the above-described Easement Area by said 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 said Easement Area, without the express written consent of the City. With City permission, Grantor may fence across said Easement Area and/or along the boundaries of said Easement Area, provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the Easement Area. If said gate is to be locked, keys shall be provided to the Grantee. No excavation shall be made within three (3) feet of said sewer service facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. Said Grantor grants to the City 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 Parcels. If direct access to the Easement Area is not available from such driveways or parking lots, the City's right of ingress and egress shall include such other areas within the Parent Parcels as the City determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcels's boundaries. In the case of any damage or disruption of the Parent Parcels, the City shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. Said Grantor additionally grants to the City, the use of such additional area immediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said sewer facilities. The use of such additional area shall be held to a reasonable minimum and in the case of any damage or disruption of the Parent Parcels, the City shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the Parent Parcels that would impair or limit the City's use of the Easement Area. This Easement shall be a covenant running with the Parent Parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 2 of 6 IN WITNESS WHEREOF aid corpor has caused this instrument to be executed by its proper officer(s) this ~ day of ~, 20'7• ~, ~~ A th 'zed Signa re~~1 _ > Q ~glS~ Authorized Signature STATE OF WASHINGTON) )ss. COUNTY OF PIERCE I certify I have know or have satisfactory evidence that / i~~/~ ~- ~a~55 is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/the si ed this instrument on oath stated that e/she/the were athonzed to execute the instrument and acknowledge as the of a limited liability company, to be the free and voluntary act of such party for the uses and purposes menti~~o//ned in the instrument. Dated ~~ - 7 ~ 0 ~ 2~~~~~~\1111 -' ~N~•S11/'~~ ,,,...„,,,~~~ q ~, __ ; ~~,~ss~oy'~r,,~~ VO OT ~ ~i~ r ~ ~ i rl "y •o ~~''%, S, ~a~~o I~tary Public in and for the State ~-f Washington %~ F ,'/~~~~~ ~~~1~0~.~',~O?ffesiding at ,_~G~m.y~{ W/1 'i~~~i~ WASHtNG`\~~`My appointment expires ~_~_ ~ KT/tlh File: # 1069 1tEF. H:Development~Projects~LLH Area 19 Phase 2 & 3 ~I.egal Docs~2007 Easement Page 3 of 6 AREA XJ .R'II.A,SE ~ SANITARY SEWER EASEiIIENT A 5TR1P OP LAND 32 FEET IN ~tiIDTH LYING ~LrITHIN UNIT ~ AREA 19, A CO'~OM~]TiJVI, RFCDRI?FTl L~IIIr.R. AUI7ITQR'S FILE IVO. 204412295402, RECORDS OF PIERCE COUNTY, WASHINGTON; SAID STRIl' ALSO $E1NG WITHIN THE NQRTIiEAST QUARTER OF SECTION 7 AND THE SOUTHEAST QUARTER OF SI~C'1'fON C, 'T{)WNSIIII' 20 NQR`1'~I, f~ANtil"s S ;EAS'T` O~ ~l'T~IE WfJ..I:.ATvXF~'I"I`}~ MERIDIAN; CITY OF AUEURI4, PIERCE COUNTY, WASHINGTON, THE CENTERLINE OF WII7GI-I I5 MDHI~ SPIC;II~It;.AI.I..Y DL~.SCRII3IiD A.S FO.L,I:,OWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFORENIENTIt3NED UNIT 2; THENCE SOLTTHEA5TERLY t1L4NG A CUR'~rE IInVINu ~, R~~.DIUS OF 271.27 1~EET, 'f0 WIIICII A RADIAL DEARS NORTH G4°42'35" EAST; THENCE ALOFFG SAID CI3RVE 227.64 FEET TO THE PGIlVT C)<E BEGINNING. TIiE'~i'CE St}lJ'1'L-.E ] 7"()9'58" Wl?S'i' ,t1 I)lS'I'~1NC1 UI' 141.141'11i'E'; T1;TF,hTCE SOtiTH O1°5('55" VtTFST A DTSTAWCF QF 118.95 FEET Ta A POINT HEREINAFTER I~NOWIv AS POINT "A"; THENCE CONTINUE SOUTH O1°56'SS" WF:S`I' 13.04 FEET Td THE 'I'EIEI<N'(75 OF' THIS CENTERLINE DESCR]PTIDN. THE SIDELINE OF SAID S`1'Rll' T(} ME6'i' A11I} CLOSE R~;SYECT'IV1LY. TOGETHER. WITH A STRIP OF LAND 26 FEET IN WIDTH LYIAIG WITTIIN UNI'T' Z AREA 19, A (:t~NDOMINILIIV,{, RI?CC~RDI;Q UNDER A.tiI7f:Et)Et'S Ii[C,Fi Nth. 24(}4].2295U02, RECORDS QF PIERCE COUNTY, WASHINGTOI~i; SAID STRIP ALSO BEND WITHIN THE NORTHEAST QUARTER QP SECT70N 7 ANI7 T~II? SDUTI~I;AST QUARTTTR OI, SIiC'I'It)N 6, "I'()1'~INSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF AUBURN, PIERCE COUNTY, WASHINGTON, THE CENTERLINE OF WHICH I5 MORL. SP1CI.E~ICAi.,i,Y I)1'sSt~R113I.1~ AS i~'t)l:.L[)WS: Exhibit `A' Easement Page 4 of 6 _-~ CC)'111M1~:NCI1~ICx AT T'HE AFORFMF.NTI()NEIl I'ONT "A"; 'I'I-IENCE, SOUTH 88°03'()5" EAST A DISTANCE OF 4t33.50 FEET; THEN(;I:'s NOI~'1'Jd 01°5G'S5'' ISAS7' 11 l)~S'f.'11NC1-? 4F 1~2.t3] REE'I; THEN[;E NORTH 28°16'50" EAST A DISTANCE OF 100.31 FEET TO A POII~T ON THI NORTH LINE OF SAID UNIT 2 AND THE TF:RNI.INUS C)F THIS CGNTi:~.IZ[..INf"s DESCRIl'TZON. THE SIDELIIwrE OF SI~.iD STRIP TU MEET A~T~] CLdSE ~ZES~'ECTIVEL~C. '/~~~ ~~~~ Iv1ELVIN F. GARLAND, P.L.S. ~h'ASHINGTON STATE REGISTRATiDN NO. 1$902 AP1X ENGINEERING. PLLL 2b41 SUUTA 3$TH S'I'. SUI'1'L 20[} TACUM,A., WAST fTNG']'O~T 98409 TELEPHONE: (253} 4734494 FAX: (253} 473-OS99 1]ESCE~lI'TlON TYPED BY PJJ 7-7.4-07 l:1LAI{EI,hTID-50~28776~J7ups-Rip:~r(slLegafLSlampe~f'~2877b_PJJt77Z•1t77 PF12 Se4vzr ],nsement.da~ Exhibit `A' Continued Easement Page 5 of 6 f r.. rv~ Q I c~ O N W v r~ _~ k v w ~ ~ ~ °° V 5~ Oe ~-^! t9ji z 4 ~ ~A ~O 9 O cNn ~~ ~``'~ WQ I ;~ Nrn ~ -P Ci 'rf ~ ~ s ~' °c k~9 x~ ~ ~ N ~ LI ~~;; CJ~ ~i~S ~+ i ~ m. Imo p Exhibit `B' Easement Page 6 of 6 C70 ~ ti V y Oa iv .p ~ V .we ~ ~.~ •r ~~ ®~~` a 501'` G'S ' S v 5 W ? ~. ~ .~~~ w SITS "`~ ~ qo d_ ~~ •!~ r x~ ~ ra ~ ~ ~ DD~ ~ ~~ ~ VV7 ~ ~ ~ ~~ 3 W "-'V # _O ' ~ m o -~yti ry O ~ ~' I f ra'a~ ~ ~ ~~ ~ a~ ~ ~ ~;~ # o r ~o~~ ~m~w 1 O N I ~ i r- W` B ~ a V ~ ~r~s s'~'W ~ ~ ~ ~~ ~- 5' .T ~ , o , ~ N ~6' 287 ~ ~ s~~ ~ fi V ~ V [Si r ~ A N O Q G^' i `q p ~v d~,• ~ .` \ , ~, , z 4I ` r- ~ R~~ ~ ` ,~ Q db 2 ~ ~_ cn ~ d ~ d w Rt d ~~ ~ i ,