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Home My WebLink About20090814001428 STORM DRAINAGE EASEMENT 050809Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 1111111111111111111 1498 428 AS 66.00 Above this line reserved for recording information. STORM DRAINAGE EASEMENT `v FAC06-0013 T / VLca Z,~~V7s' Reference # (if applicable): N/A Grantor/Borrower: Todd Duty Grantee/Assignee/Beneficiary: City of Auburn 1 Legal Description/STR: SW '/a of SW I/ of S32 - T21N - ROSE - Assessor's Tax ParcelID#: 3221059011,3221059030,3221059039 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, Todd Duty hereby conveys and warrants to the City of Auburn, Grantee herein, a Washington municipal corporation , its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property ("Easement Area") for the purpose of maintaining an existing temporary storm drainage pond AND APPURTENANCES THEREOF, said Easement Area being a portion of the above-designated Tax Parcels ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Easement Area is reserved for the purpose of providing a temporary storm drainage pond to treat storm water runoff draining from Evergreen Way SE until a permanent storm facility is constructed and approved by Grantee for treatment of storm water from Evergreen Way SE. Upon final acceptance of the permanent storm facilities by the Grantee, the Grantor may request the relinquishment of this Easement. Sala docu"W4t %a) were ! ,r« s ~01 mu rd bt a,.ittc ^..r~a•n,.° P-: Storm Drainage Easement Pond Page I of 5 dv a~{B r u ivai ®pa@1/ 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, 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. 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 storm drainage pond 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 within 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, reconstruction, maintenance and operation of said storm drainage pond. 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. Storm Drainage Easement Pond Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 06 day of `7 12009. Viz6P7 Grantor Grantor STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that TzzpD .Doi` and is/are the person(s who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated MA4 of .-Zwol , AZ F -'i?W I Pty T L4*1 I~ _ O - o d07,4 c Notary Public in and for the State of Washington m y % N v a % F eu° Residing at Tl CO. My appointment expires e' Rqr 19W ~ 'ZOI,7 1114 ciAkt'~C HS/tlb File: #1089A REF: H:\DevelopmenFProject\Kersey III\FAC06-0013\I,egal Documents\2009 Storm Drainage Easement Pond Page 3 of 5 EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE POND EASEMENT A parcel of land lying within the Southwest quarter of the Southwest quarter of Section 32, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington, more particularly described as follows: COMMENCING at the South Section corner common to Section 31 and said Section 32; THENCE along said common Section line, North 01° 58' 17" East, a distance of 660.66 feet; THENCE South 34° 52' 23" East, a distance of 11365 feet to the beginning of a curve, concave Northeasterly, having a radius of 627.50 feet and a central angle of 53° 43' 01"; THENCE Southeasterly along the arc of said curve to the left, a distance of 588.30 feet to a point to which a radial line bears South 01 ° 24' 36" West at the POINT OF BEGINNING; THENCE along said radial line, North 01° 24' 36" East, a distance of 197,50 feet; THENCE South 88° 35' 24" East, a distance of 215.50 feet to the beginning of a curve, concave Northerly, having a radius of 404.00 feet and a central angle of 25° 56' 32"; THENCE Easterly along the are of said curve to the left, a distance of 182.92 feet to a point to which a radial line bears South 24° 31' 56" East; THENCE along a projection of said radial line, South 24° 31' 56" East, a distance of 197.50 feet to the beginning of a non-tangent curve, concave Northerly, having a radius of 601.50 feet and a central angle of 25° 56' 32", THENCE Westerly along the arc of said curve to the right, from which a tangent line bears South 65° 28'04" West, a distance of 272.35 feet, to a point of tangency; THENCE North 88° 35'24" West, a distance of 215.50 feet to the POINT OF BEGINNING. Containing 87,518 square feet or 2.01 acres, more or less. Project Name: Kersey III May 17, 2006 Revised: October 17, 2006 Revised: October 2, 2006 WRWIlss 11394L.004.doc Exhibit: 11394EXH01-DED.dwg: EX02 Storm Drainage Easement Pond Page 4 of 5 EXHIBIT B DRAINAGE POND EASEMENT EXHIBIT ti EAST LINE OF S 1/4 I zW z N W SWt/4 SECTION 32 &e' I ,y ^I~ u, I 'i~FC , I i I I 1 MR.Wp N zM 524,9 ~V~PpF WASH n 1~a co ~I ' z c o pF4 1298~p e, Q = O/sTt "N .9 Z m N 0] So N W DATE /3 O G~ i. SIONTD h 0- 2 .OS'LBL I I ! I I I i i I h~ rV~OO , I I -LIN 32 WEST E- OF SECTION y'~1 ~G~ t'f r, ~NN I 99'09 3~LL,99-ON H N,r~ N X ~ V) IQW~ Wes. N(J 2 ^Z~ Z g U / ' NVIh~fUJN 0Z I C 11I ID F M~ I( i N j I QM O N l l 1 ~ I oo~ Scale: For. Job Number Horizontal 1 200' Vertical NA KERSEY 11 1 11394 ~6HA0 ~ 18215 72ND AVENUE SOUTH KENT. WA 98032 Sheet (425)251-8222 (425)251-8782 FAX Title: DRAINAGE POND $ CIVIL ENGINEERING, LAND 'c~NC1 PLANNING, SURVEYING, EASEMENT EXHIBIT 1 1 ENVIRONMENTAL SERVICES _ of Deli ned Drawn Checked WRW A roved WRW Date -10-05_ Storm Drainage Easement Pond Page 5 of 5