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Home My WebLink About9805140651 AVIGATION EASEMENT 051498A 3. /3 t~ Cd Q GC CTS Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. AVIGATION EASEMENT (Corporate) Reference # (if applicable): SEP0005-97 Additional on page: Grantor/Borrower: 1) Valley Centre 1, L.L.C. 2) Additional on page: Grantee/Assignee/BenefMary: City of Auburn Legal Description/STR: SE 1/4. Sec. 1 +NE 1/4, Additional Sec 12-21-04 SW 1/4. Sec. 6 + on page: NW 1/4 Sec. 7- 21-05 ~t Assessor's Tax Parcel ID#: 000080-0036 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, Valley Centre I, L.L.C., hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual, non-exclusive and assignable Easement over the following described real property lying within the westerly transition zone of the north-south runway of the Auburn Municipal Airport and situated in the City of Auburn, County of King, State of Washington, said real property being described as follows: SEE EXHIBIT "A" AND "A-1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. The Grantor agrees that they, their heirs, successors and assigns shall not hereafter erect, or permit the erection or growth of, any structure, tree, or other object within the above-described real property lying within the westerly transition zone to a height above the westerly transition zone surface for that transition area, said westerly transition zone surface being defined by ACC 18.38.110. The Grantor further agrees that the easement and rights hereby granted to the Grantee in and over the above described real property which lies within said westerly transition zone area are for the purpose of ensuring that the said westerly transition zone does not contain an obstruction or ka 00 d u~ ru m x x x €3 x m 2 rn ti b a Avigation Easement Pagel of 5 hazard to the flight of aircraft landing or taking off at the said Auburn Municipal Airport; that these rights shall include, but not be limited to the following: The continuing and perpetual right to cut vegetation to the level set forth in ACC 18.38.110. 2. The right to remove, raze or destroy those portions of buildings, other structures and land infringing upon or extending into said westerly transition zone surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface. 3. The right to mark and light as obstructions to air navigation, any and all structures, trees or other objects that may at any time project or extend above said surface. 0 Q?' 4. The right of ingress to and egress from, and passage over the land of the Grantor T4 within the above-described real property for the above purposes. 0 5. For the use and benefit of the public, the right of flight for the passage of aircraft in the airspace above the westerly transition zone surface, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in air, using said airspace or landing at, taking off from or operating on Auburn Municipal Airport. This Easement shall be a covenant running with the above-described real property and burden said real estate, and benefit The City of Auburn, and shall be binding on the successors, heirs and assigns of all parties hereto. Not withstanding any statement to the contrary outlined herein, this Easement shall terminate in its entirety if the Airport ceases operation for one (1) full year, it shall terminate as to the transition zone component only if the north-south runway ceases operation for one (1) full year. The foregoing shall not apply if the closure of the airport is temporary in nature, even if it extends beyond one (1) year. Avigation Easement Page 2 of 5 IN WITNESS WHE!Z~ OF, said corporation has caused this instrument to be executed by its proper officer(s) this 2t h day of March , 19 98 STATE OF WASHINGTON) )ss. County of King ) Valley Centre I L. .C. Auth zed ignature Authorized SiI, to H. Martin Smith, III Managing Member I certify that [ know or have satisfactory evidence that H. Martin Smith, III is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the Managing Member of Valley Centre I L.L.C. , a coAjMj*to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated March 1.2. 199B *a Washington limited liability company-, CD G 1t O tT~ DANE77E A- BRAND? STATE OF WASHINGTON NOTARY PUBLIC 1JY COVIIISSION EXPIRES 3-08-01 Danette A. Brandt Notary Public in and for the State of Washington residing at Edmonds, WA My appointment expires 03/08/2001 Avigation Easement Page 3 of 5 EXHIBIT A LEGAL DESCRIPTION AVIGATION EASEMENT FOR CITY OF AUBURN AIRPORT AIRSPACE OVER TAX LOTS No. 000080-0036, No. 000080-0054, No. 000080-055 & No. 000080-0056 All that certain real property situate in the Incorporated Territory of the City of Auburn, King County, State of Washington, being a portion of the J. A. Lake Donation Land Claim No. 38 and Claim No. 41, in the Southeast Quarter of Section 1, and the Northeast Quarter of Section 12, Township 21 North, Range 4 East, Willamette Meridian, and the Southwest Quarter of Section 6, and the Northwest Quarter of Section 7, Township 21 North, Range 5 East, Willamette Meridian, described as follows: An EASEMENT, for avigation purposes, and providing for a Horizontal Zone in conformance with Auburn City Code (ACC) 18.38.070, and a Transitional Zone in conformance with Auburn City Code (ACC) 18.38.060, including but not limited to, the rights of aircraft to utilize the airspace over land parcels in their flight path in their approach to or takeoff from a runway, over ALL of Lot 1, Lot 2, Lot 3, and Lot 4 of City of Auburn Short Plat No. SPL 0005-97, recorded under Recorder's File No. 9 705 1 40453, King County Official Records, the elevation line defining the LOWER LIMITS of the horizontal plane of said Horizontal Zone and Transitional Zone being more particularly described as follows: Commencing at the East line of said Short Plat No. SPL 0005-97, said line being approximately 66.0 feet westerly from a line 125.0 feet westerly from the runway centerline, (the lowest runway elevation being 53.38 Feet), Thence, along a plumb line projected skyward, 11.8 vertical feet, more or less, to an elevation of 62.81 Feet, the Southerly end of said line being the South line of said Short Plat and the Northerly end of said line being the North tine of said Short Plat, said line being 414 the BEGINNING of the LOWER LIMITS of the herein described Avigation Easement Area; THENCE, projecting said line Westerly at a slope ratio of 7.0 feet horizontal distance to 1.0 foot vertical distance, to an elevation of 203.38 Feet, more or less, (150.00 feet above the established airport elevation), being approximately 977.0 feet West from the East line of Short Plat No. SPL 0005-97; THENCE, continuing Westerly 168.0 feet at an elevation of 203.38 Feet, projecting said line at an elevation of 150.00 feet above the established airport elevation, to the West line of Lot 1 and Lot 3 L4 of said Short Plat No. SPL 0005-97, being the East Right-of-Way line of "B" Street NW., and being the end of the elevation line defining the lower limits of the horizontal plane of the herein described Avigation Easement Area. The Vertical Datum (Basis of Elevations) for this description is the National Geodetic Vertical Datum of 1929 (NGVD 29). The benchmark used was a brass disk surface monument at the intersection of 30`" Street NW and B Street NW; the elevation of said benchmark being 55.42 feet. SEE ALSO "Airport Transition Section" attached hereto and by this reference made a part hereof for a graphic representatipn~f the herein-described avigation easement. End of Description I,e> Prepared by: Barghausen Consulting Engineers, Inc. Job No. 5950 Jan. 21, 1998 Avigation Easement Page 4 of 5 EXHIBIT A-/ . w Z. _ w . . - . kz : . . w: L): . . d: .N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : J... ..v~ Ztn~.. _ ® . a : o.. W _i.. d _.........a . . q4 . . . ~ . . . . . . . . . . . . . _ . . . . . . . . . : . . . ' . . w . : . : : : . . . . ~ a : . ` a : O . ck: . . . 00 .Z.... . . . ; . . . . w . . . . . . . . . . . . . . . ANNNN NNNN M ,BZ N co r. ..11 . . . . . . . . . : . . . . • 7^. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . DN/gk REF. G17 z0 f- W cr) z U O z all t4 tX O ^0 CL vll-~ Aviation Easement Page 5 Of 5