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Home My WebLink About20080318002106 STORM DRAINAGE EASEMENT 03062008 1 Return Address: c`ri °fA°b°r" ~ C4NFORMED COPY City Clerk 25 West Main Auburn, WA 98001 20080318002106 KIFORISHIN EAS 48.00 , 0 G1802008 15534 KING COUNTY, WA Above this line reserved for recording information. STORM DRAINAGE EASEMENT Seramonte Subdivision Reference # (if applicable): N/A GrantorBorrower: Macfarlane Homes LLC Grantee/AssigneeBeneficiary: City of Auburn Legal Description/STR: NE '/4, NE '/4, SEC. 4, T.21 N., R.5 E., W.M. Assessor's Tax Parcel ID#: 769537TRACT For and in consideration of the sum of TEN DOLLARS ($10.00) and othe' good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Macfarlane Homes 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 (`Basement Area") for the purpose of laying, maintaining, and installing storm drainage facilities AND" APPURTENANCES THEREOF and conveying storing, managing and facilitating storm and surface water, said Easement Area being a portion of the above-designated Tax Parcel ("Parent Parcel"), 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 Page 1 of 3 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 horizontally and/or vertically within three (3) feet of said drainage 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 Parcel. 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 wrthin the Parent Parcel as the City 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; 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, reconstrucrion, maintenance and operation of said water or 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 Parcel, 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 Parcel that would impair or limit the City's use of the Easement Area. This Easement shall be a covenant running with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. ~ Easement Page 2 of 3 IN WITNESS WHEREOF,,said corporation has caused this instrument to be executed by its proper officer(s) this ~ day of kt d, L'k , 2008. ~mi~ . • .:~eLt'~ Aut orize ' na e Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory,evidence that isfare the person(s) who appeared before me, and said person(s) acknowledged thata;rhelshe/they signed this instrument on oath stated that:`he/she/they was/were authorized to execute the instrument and acknowledge as the a of a limit2d ability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 4 . . ✓,.w' . Notary Pub ic in and for th State of Washington Residing at My appointment expires IG/tlb File: Seramonte REF. H:\forms\FC088.doc Easement Page 3 of 3 EXHIBIT "A" SERAMONTE' TRACT "B" STORM DRAINAGE EASEMENT LEGAL DESCRIPTION OF ENTIRE PROPERTY: TRACT "B", SERAMONTE', ACCORDING TO TFIE PLAT THEREOF RECORDED IN VOLUME 232 OF PLATS, PAGES 4 THROUGH 8, [NCLUSIVE, RECORDS OF KING COUNTY, WASHiNGTON. ALL SITUATE IN GOVERNMENT LOT 1(NORTHEAST QUARTER OF THE NORTHEAST QUARTER) OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COLTNTY, WASHNGTON. LEGAL DESCRIPTION OF STORM DRAINAGE EASEMENT AREA: THAT PORTION OF TRACT "B", SERAMONTE', ACCORDING TO THE PLAT THEREOF RECORI3ED IN VOLUME 232 OF PLATS, PAGES 4 THROUGH 8, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS_ COMMENCING AT THE SOUTHWEST CORNER OF TRACT "A", SERAMONTE', ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 232 OF PLATS, PAGES 4 THROUGH 8, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE N 24059'26"W, ALONG Tf-E WEST LINE OF SAID TRACT "A", A D[STANCE OF 50.55 FEBT TO THE TRUE POINT OF BEGINIVING; THENCE CONTINUING N 24°59'26"W, ALONG SAID WEST LINE, A DISTANCE OF 109.27 FEET; THENCE S 65°00'34"W 10.00 FEET; THENCE S 24°59'26"E 109.27 FEET; THENCE N 65°00'34"E 10.00 FEET TO THE POINT OF BEGINNING. CONTIANING 1,093 SQUARE FEET, MORE OR LESS. ~ ,Q~ dg ~IAS~r `Y~ W 21464 ry A L LANp / fb:. ; . ~XWRES 1C3t1 / 4 ~ EXHIBIT "B" SERAMONTE' STORM EASEMENT SE 288TH ST. ~s. 0 N ' V TRACT q CYJ TRACT "g„ \j `ro cs~. C Y ASyAyfFy r" y = 0 HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS raAL LAND SJ~ 17420 116TH AVE. S.E., RENTON, WA 98058 E~'IRES1/31/08 TEL 425-235-8440 FAX: 425-235-0266 S