The URL can be used to link to this page

Home My WebLink About20101109001921 WATER EASEMENT 110910 Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 20101109001921 MCCULLOUGH HIL EAS 68.00 PAGE-001 OF 007 11/09/2010 15:16 KING COUNTY, WA Above this line reserved for recording information. WATER EASEMENT FAC08-0002 Reference#(if applicable): N/A Grantor/Borrower: Wal-Mart Stores,Inc, Home Electric Company, Sterling Savings Bank a(n) Grantee/Assignee/Beneficiary: City of Auburn - Legal Description/STR: NW'/ S24,T21,RO4E (-7 Assessor's Tax Parcel ID#: 242104-9012, 132104-9114 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, Wal-Mart Stores, Inc,Home Electric Company, Sterling Savings Bank, a(n) 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 a 12-inch water main AND APPURTENANCES THEREOF, 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. Water Easement EXCISE TAX NOT REQUIRE Page 1 of 7 faanng Co. Rocordiss Division �.' '•", De t pu` ��' oil 's. , t • 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 water 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 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 water 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. Water Easement Page 2 of 7 IN WITNESS WHERE F, said corporation has caused this instrument to be executed by its proper officer(s) this/ May of` 72 , 2010. WAL-MART a t ' ` C., a Delaware corp•.ati•n i. By: 9 Frank . Pampalone Its: Direc e r of Design State of Arkansas County of Benton The foregoing instrument was acknowledged before me this 1&lay of 2010, by Frank V. Pampalone, Director of Design of Wal-Mart Stores, Inc., a Delaware corporation, on behalf of the corporation. (Seal and Expiration Date) MP� Jane Bennett Notary Public County of Benton Notary Public-Arkansas My Commission Exp.03/13/2012 3 IN WITNESS WHEREOF, said corp tion has caused this instrument to be executed by its proper officer(s)this 2_ day o �_ - ,2010. HOME ELECTRIC COMPANY, a Washington corporation (Th I / • By: - J^ ...._ , _.... Its: '' State of Washington County of King • The foregoing instrument was acknowledged before me this et �day of ,2010, by JaiwAuk/ the of Home Electric Company,a Washingtoff corporation,on behalf of the corporation. (Seal and Expiration Date) �e240,41. ekdyie.e..444-1 Notary Public Water Easement Page 4 of 7 1/4; 9;14+• “*...4 fr IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this day of Wit'y/ ,2010. LENDER CONSENT,AGREEMENT AND SUBORDINATION("Consent") ((Home L Electric Property) The undersigned \ k')/i h j Q t)i4 5 3 c't L ("Lender") does hereby consent to,and agree to subordinate its lien on the Property to,the terms and provisions of the Vacation of Easement Agreement(the"Vacation Agreement")to which this Consent is attached. Lender consents to the Vacation Agreement and agrees and confirms for itself and its successors and assigns that the Vacation Agreement will not be terminated or affected by the foreclosure of the Lender's Deed of Trust,and that the lien of the Lender's Deed of Trust and the interests of the Lender in the Property are subject and subordinate to the Vacation Agreement. Lender is executing this document solely to provide its consent to the Vacation Agreement as lender only and not as an agent,joint venturer or partner of any of the other parties hereto. The consent granted herein is expressly limited to the Vacation Agreement and shall not be deemed a consent to or as a waiver of any other conditions or requirements in the mortgage or any other documents pertaining to the loan held by the Lender. STERLING SAVINGS BANK,a(n) ;4is kii • By:' S '� 1 i GiLJ Name: ' J AIc y.1 £ Arai(*#'i Title: �f;rq 1tc'Sid�,�t T ItfE lt'4 ? ige oi,Le h 100 le ‘474/A4 State of /4A County of<IJ The foregoing instrument was acknowledged before me this ZAP day of T Q L.y ,2010,by I t I k&/ L,RM 1 O J ,the i-641 Off Ic 6f� of STERLING SAVINGS BANK,a(n) 1.4/4414 i4 rod C? oiceom rtwn! ,on behalf of LOU:0 1 wUUItigil (Seal P 'i�� zcp v' �9 i NOTARY = Notary Public 2277 (57 7-2/4-t- N I PUBLIC I MAB/tlb 7 , Z� File: # 1198 �'' a ,i p� 9` REF.HADevelopmetj;$i00 5W fat- 1Sercenter\FAC08-0002-Wal-Mart Supercenter\Legal Documents\ Water 3 Easement 2009,,4Q/CW i S `0• Water Easement Page 5 of 7 EXHIBIT A THOSE PORTIONS OF LOT 3, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05- 0014, RECORDED UNDER RECORDING NO. 2009006900002, RECORDS OF KING COUNTY, WASHINGTON AND OF LOT 4, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05-0016, RECORDED UNDER RECORDING NO. 2009006900003, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET ON EACH SIDE OF THE EASEMENT CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 00°28'30" WEST 27.57 FEET ALONG TO THE WEST MARGIN OF THE SEATTLE-TACOMA INTERURBAN RAILWAY RIGHT-OF-WAY AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NO. 213025 AND BY CONDEMNATION ENTERED SEPTEMBER 17, 1901, IN KING COUNTY SUPERIOR COURT CAUSE NO. 32962, AND TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 82°40'36" WEST 109.05 FEET; THENCE SOUTH 89°15'25" WEST 166.02 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 89°40'54" WEST 404.82 FEET TO THE EASTERLY LINE OF THAT CERTAIN 20 FOOT EASEMENT GRANTED BY INSTRUMENT, RECORDED UNDER KING COUNTY RECORDING NO. 9508302012. ALSO, BEGINNING AT SAID POINT "A"; THENCE SOUTH 00°10'56" WEST 18.19 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; THE SIDELINES OF THIS EASEMENT TO BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID EASTERLY LINE OF LOT 4 AND AT SAID EASTERLY EASEMENT MARGIN. SITUATE IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. r r--- BCRA ', was, SUPERMALL 6( 'o °111;44°+ JOHANN G. WASSERMANN, P.L.S. �p x, % 'A BRH JOB NO. 2004210.08 i....044^' APRIL 23, 2009 w BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 6 k EXHIBIT B °`r .=te • ¢rC3� °i'9 �411 131 � * y N $ Fr C z 1 in 0 V $ilii \\ N m 1tK I 7, z j � 1 911 30•-_,� •- 0o a 1t1 I I.-7.5' i``,„.\ t7• QR1 ots y r ,.,\J oaa � m .\.i m 0 C a ? N r .Ii -i -a-, $ y r, "PI i A Z � y R a, 11 - 1 1 i 4 ;$~ §g --- Ws.= Egsig Lim t t it L,, JIi9 t,�YS a p I 1 c. 1,4 I 2 N00.28'30'W m $ 7.P.0.8. INTERNATIONAL RAILWAY R/W 7 1 a