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HomeMy WebLinkAbout20060928002409 SEWER EASEMENT 092806• • I ' 2- Sw- 94, -2-71 off- C.20-7) Return Address: 151111111111111111111111111111 1111111111 1111 1111 City of Auburn 20060928002409 City Clerk PAGE001 OF 606 EAS 25 West Main 09/28/2006 16:13 37.00 Auburn, WA 98001 KING COUNTY, WA EXCISE TAX NOT REQUIRED la . Records Division BY, Uty Above this line reserved for recording information. SANITARY SEWER EASEMENT FAC05-0016 Reference # (if applicable): N/A Grantor/Borrower: I_IT' Industrial Limited Partnership, A Delaware Limited Partnership Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: 36-22-04E Assessor's "I'ax Parcel ID#: 362204-9020 PtANX- U 50%-12- 913-1 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, LIT Industrial Limited Partnership, A Delaware Limited Partnership, 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 for the purpose of laying, maintaining, and installing 914 LF 8-inch Sanitary Sewer Main AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said document(s) were Ned for , sW by Pacific Nortlwvoet TWe es aaoonunodation o*. It has rat bwwn Easement t yAmlind as to proper ex9oalion w Pagel 45 4r1DfM an" upon tale. ~ 1f Said Grantee shall have the' absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement 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 and/or along the boundaries of said Easement 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 real property within the above- described Easement. 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 water or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. 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 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 premises, the City shall return the property to a condition as 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 property that would impair or limit the City's use of the easement area. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. v •+r+-a +a.r t. .r Easement Page 2 of 5 . _ r IN WITNESS WHEREOF said corporation has caused this instrument to be executed by its proper officer(s) this 14 . day of ~UyNe, , 2006. ~See- " ad,-tJ-, Authorized Signature Authorized Signature 44~ STATE O ) ss COUNTY 012W ) I certify.1 have know or have satisfactory evidence that j1d is/are the person(s) who appear ' before me, and said p n(s) acknowledged that he/she/they signed this instrument n oath stated that e e/th wa /were authorized to execute th i strum t and acknowledge as the of a Limit 0d artnership, to be the free and voluntary act o' such party for the uses and purposes mentioned in the instrument. Dated VLAV& ~PRy ~~nfnuni111112 0 M B/tlb File: #1053 REF. HADevelopmentTorms\Legal Documents\2006 ~G ~ A uiA uN 2 • c7o ~r Notary Pub • in and f r ate of Washington tclpfRES f , Residing at X41 M '%~06.2ow,~oo1•• My appoint intent expires Easement Page 3 of 5 W '.S SANITARY SEWER EASEMENT EXHIBIT `A' SANITARY SEWER EASEMENT LIEGAI. DESCRIPTION A &anitary sevier easertwnt 15..00 feet in width over, under, and across Lot 1, City of Auburn Lot !_in€: Adjustment No, LLA-03.00009. as rec~)rded under Recording No. 700308051000224, Records of King County. Washington, having 7.50 feet of such width tying on each slue of the following described centerline: COMMENCING at the most Eastorfy Sortheast corner of said Lot t, being cn the Westerly margin of a pugel sound electric railway right-of-way; THENCE North 89' 15' 49" West, 50.00 feet to the Westerly margin of an existing Std loot wide sanitary sewer easement as shown on the King County Assessor's drawing of the Southwest quarter of Section 36. Tovinship 22 North, Range 4 East, Willamette Meridian; THENCE ;parallel with and 50 feet West of the East line of said Lot 1. North 019 14' 17" East, 09.13 feet along said Westerly margin to the TRUE POINT OF 13EGINNING of herein described centerline; THENCE North 89' 15'4F West, .67 feet; THENCE North 74' 06' 7D" hest. 99.12 feet; THENCE North 89'" 15° 46° West, W7.50 feet to the terminus. The sidelines of said eas+ernent shall be sharte.ned or lengthened as necessary to intersect at angle points and the Westerly margin of Said existing sanParysewer easement. ' `rs y 01 A Easement Page 4 of 5 le Sanitary Sewer Easement Auburn North Distribution Center Signature Pale LIT Industrial Limited Partnership, a Delaware limited partnership By: LIT Holdings GP, I.,LQ a Delaware limited liability company, its general partner By: Lion Industrial Properties, L.P., a :Delaware limited partnership, its sole member By: LIT GP Sub, LLQ a Delaware limited liability company, its general partner By: Lion Industrial Trust, a. Maryland real estate investment dust, its manager By: W&M Name: acev Vee Title: Vic Prent Date: ~rJ l die EXHIBITS' (SR-167) II ~r I ~ off 'A•r+ ~ ;q: ni ~ 7V I t ~l o ~ n I v I z I301 r s c' o ip! % 617 LR, ING vCFO SC0,.R EASUErJ7 PMET SOUNC ELECTRIC AA-UNAY RIGh4 -OF-WAY S .7 PU0E1 SOUNO POWER AND LIONT CO. RrW CNICAOOMeLWAUKCC,3r. PAUL R.11. R,w SCON For: Jun NumL n Hvii.0OI07 S"- ISO, fo.~lf.a, wr AUBURN NORTH 11742 ~Haa 7e2+s 72ND cvElJUe swTN DISTRIBUTION CENTER QP KUt7, '~'A 4JLiiS2 yriCyf 51-1,221 25)2.5J-0'702 Title: +3 SANITARY SEWER j,~.~4,,oV C4V11 ENf:INCERiNG. LANG `''~T'~x'~F N IRChtul'rJTARJ~CIRVIt:f~~ EASEMENT EXHIBIT 1__ ~f. T-ps!r.ej cm.n tJU.r (heci po...A oveW-7 t rL Dole ri Easement Page 5 of 5