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Home My WebLink About20101109001918 WATER EASEMENT 110910 Return Address: 11 111 111 11 City of Auburn City Clerk 25 West Main 20101109001918 Auburn, WA 98001 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, Glimcher Supermall Venture, LLC, Auburn 400 Retail Park Owners Association, Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 1/4 S24, T21, RO4E e%/d Assessor's Tax Parcel ID#: 030150-0373,030150-0372,242104-9088 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, Glimcher Supermall Venture, LLC and Auburn 400 Retail Park Owners Association 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. 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 EXCISE TAX NOT REQUIRED Kling Co. R cords tai 'sion MYK:fth 1066858.2 9/29/2010 1 By Deputy 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 parry 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. MYK:fth 1066858.2 9/29/2010 2 IN WITNESS WHEREOF, said orpor tion has caused this instrument to be executed by its proper officer(s)thisriay of , 2010. WAL-MART S ,i' S t., a Delaware corp. ..io By: 'e Frank V. P palone Its: Direct. of Design State of Arkansas County of Benton The foregoing instrument was acknowledged before me this (${flay 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) / Jane Bennett N'. . y Public County of Benton Notary Public-Arkansas My Commission Exp.03/1312012 MYK:fth 1066858.2 9/29/2010 3 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this (e day of DG-/--dbt-- , 2010. GLIMCHER SUPERMALL VENTURE, LLC, a Delaware limited liability company By: Glimcher Auburn, Inc., a Delaware corporation, its Managing Member A S je By: Name: George A. Schmidt Title: Executive Vice President and Chief Investment Officer STATE OF OHIO ) )ss. COUNTY OF FRANKLIN ) The forgoing instrument was acknowledged before me this & day of 4G/e,/!r— , 2010, by George A. Schmidt, as Executive Vice President, chief Investment Officer of Glimcher Auburn, Inc., a Delaware corporation, the Managing Member of Glimcher Supermall Venture, LLC, a Delaware limited liability company, on behalf of the company. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. 411111k4A■ 1 / A.L1r. 'A,vIAL rate • ,, z.%,, N� ARY PUB�,IC in and for the •+ •to Ohio, ;, � ANEW: _C URT�tlt�6-�T r- ding at 1 1 aV GJC�� t d ` y� ,,t. Notary Pabtlea State ot Ohm y commission expires L�� F' J a L 1-0:5,1,.4f , e M m Commission Expires 6-28-20. MYK:fth 1066858.2 9/29/2010 4 • IN WITNESS WHEREOF d corporat' n has caused this instrument to be executed by its proper officer(s)this day of 2010. AUBURN 400 RETAIL PARK OWNERS' ASSOCIATION,a Washington non-profit corporation (a( N• + e: :,�,.►„�s..�...L' Its: an I,orized al ent i' Alr1 f V State of )ss. County of la/ ) On this I$ 'day of ',+n L 2010, before me, a notary public, personally appeared o f.1 . I c-40:421 o 1 k ,theGtN4-11srizeAAlen4- ?n6Srotvlt of AUBURN 400 RETAIL PARK OWNERS' ASSOCIATION, a Washington non-profit corporation,on behalf of such company personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and this by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. ..∎∎%m11q+'+p ��Rti`1Cin� ,,`°°i WITNESS my hand and official seal. �ti��ogSl®�++q°g�.�°is�� r- v le '�y 0 COI ILi. s�4°� as°° G� �1G Notary Public 7/6/14:‘‘c;4:479-1 ,o (III Af 3rge"1,-4n l 4 p 9 'tsommission Expires: 1—/ Water Easement Page 5 of 9 EXHIBIT A THOSE PORTIONS OF TRACT A AND OF LOTS 5 AND 6 OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-05-0014, RECORDED UNDER RECORDING NO. 2009006900002, 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 INTERSECTION OF THE CENTERLINE OF INDUSTRY DRIVE SOUTHWEST AND THE SOUTH LINE OF THAT PORTION THEREOF VACATED BY ORDINANCE NO. 4668 OF THE CITY OF AUBURN; THENCE NORTH 00°14'30" WEST 75.78 FEET ALONG THE WEST LINE OF SAID TRACT A TO THE NORTH MARGIN OF THE 20-FOOT WIDE WATERLINE EASEMENT DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 9508302014; THENCE NORTH 89°19'30" EAST 7.50 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°22'09" EAST 184.44 FEET; THENCE NORTH 52°59'36" EAST 25.55 FEET; THENCE NORTH 01°06'56" EAST 64.65 FEET; THENCE NORTH 03°53'47" WEST 135.15 FEET; THENCE NORTH 01°07'10" WEST 70.33 FEET; THENCE NORTH 07°45'01" EAST 23.74 FEET; THENCE NORTH 37°38'22" EAST 95.56 FEET; THENCE NORTH 08°51'21" EAST 3.65 FEET TO THE NORTH LINE OF SAID LOT 5, AND TO THAT CERTAIN 15 FOOT WIDE WATERLINE EASEMENT, RECORDED UNDER KING COUNTY RECORDING NO. 20020401000782, AND TO THE TERMINUS OF SAID EASEMENT CENTERLINE; THE SIDELINES OF THIS EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID NORTH LINE OF LOT 5 AND AT SAID NORTH 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. . BCRA ARCHITECTS r „Ilk $ SUPERMALL . JOHANN G. WASSERMANN, P.L.S. f BRH JOB NO. 2004210.08 ilibil.ididi APRIL 23 2009 REVISED APRIL 29, 2009 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 MYK:fth 1066858.2 9/29/2010 6 EXHIBIT B is%MINI JN6laswaNr /I i LOT 3 PEP REC.NO 200204010007at_..,,ft L LLA 06-0014 5 1---77L i N66RP62'E e / } /� , r g 11 ;� \ba-.14*- 32 \ I ' 1 ii \ \`iY 1 W D , 1 1 11 E E 1C 1\ L I \I 2 oq�y d PI 1 gyj 9. .. ,cn c) I- a 1 .1: 1� a A m Vf 'Ii 0 m I 1 8 � Z t.0 1 .45 +� AC —I y I g3 I Pt (/ X 1 a ' i _ 1 1 _- 1 4 ki HiPin Th Pi 1 8 411-4 8 n!Eri y N 1• all :11 i i CTS .,L__ 1 Water Easement