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Home My WebLink About20100902000251 SANITARY SEWER EASEMENT 090210 Return Address: City of Auburn III I I III I II II III City Clerk 25 West Main Auburn,WA 98 00' 20100902000251 PACIFIC NW TIT EA5 66.00 PAGE-001 OF 005 09/02/2010 11:18 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER EASEMENT FAC06-0029 f ACIFIS.€ it 4 , Reference#(if applicable): N/A Colby R.E.,LLC Grantee/Assignee/Beneficiary: City of Auburn C a c t'c P� Legal Description/STR: W %23-21-04 ( Assessor's Tax Parcel ID#: 375160-0309,375160-0315,375160-0317 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, Colby R.E., LLC 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 8-inch Sanitary Sewer Line 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 aocumenii,(,.)) were filen fur record by 3n accccc1.r e *., I1aUs� Sewer Easement Tract C&D examined as to proper Page 1 of s tc its effect upon title. EXCISE TAX NOT REQUIRED Kin• Co. Records Division By y �l.r "A". V putil 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 sewer 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 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 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. Sewer Easement Tract C&D Page 2ot5 • IN WITNESS WHEREOF, aid corporation has caused this instrument to be executed by its proper officer(s) this /may of , 2010. ��,i►�N11p1 :- PN J. C;'r',, t(e-71L_3vp X0144 Authorized Signature 'y1. 4,09-At* Authorized Signature WABH STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify 1 have know or have satisfactory evidence that (.obe,rk O'soke\L and 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 acknowledge as the Olv.kllov vt.e. 5t9hex of Co141%-( E -, 1-1—C- a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated ob 1v a+t J , Ccoss Notary Public in and for the State of Washington Residing at oTh LL My appointment expires sy_ oaf ICI MAB/tlb File: #I076A REF: H:ADevelopment\Projects\Jovita Heights\FAC06-0029 Jovita Heights\Legal Documents\2010 Sewer Easement Tract C&D Page 3 of 5 EXHIBIT"A" THAT PORTION OF LOT 14, BLOCK 13,JOVITA HEIGHTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS AT PAGE 12, RECORDS OF KING COUNTY,WASHINGTON, LYING WITHIN THE LIMITS OF A STRIP OF LAND 20.00 FEET WIDE AND HAVING 10.00 FEET OF SUCH WIDTH TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SOUTH 342ND STREET WITH THE CENTERLINE OF 56TH AVENUE SOUTH IN SAID PLAT;THENCE SOUTH 01°16'24"WEST ALONG THE CENTERLINE OF 56"AVENUE SOUTH A DISTANCE OF 128.12 FEET;THENCE SOUTH 88°43'36" EAST A DISTANCE OF 30.00 FEET TO THE EASTERLY MARGIN OF 56TH AVENUE SOUTH AND THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 88°43'36" EAST A DISTANCE OF 103.00 FEET TO THE END OF THIS CENTERLINE DESCRIPTION. TOGETHER WITH THOSE PORTIONS OF LOTS 17 AND 18, BLOCK 13,JOVITA HEIGHTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS AT PAGE 12, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN THE LIMITS OF A STRIP OF LAND 20.00 FEET WIDE AND HAVING 10.00 FEET OF SUCH WIDTH TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SOUTH 342ND STREET WITH THE CENTERLINE OF 56TH AVENUE SOUTH IN SAID PLAT;THENCE SOUTH 01°16'24"WEST ALONG THE CENTERLINE OF 561H AVENUE SOUTH A DISTANCE OF 458.12 FEET;THENCE SOUTH 88°43'36" EAST A DISTANCE OF 30.00 FEET TO THE EASTERLY MARGIN OF 56TH AVENUE SOUTH AND THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 88°43'36" EAST A DISTANCE OF 103.00 FEET TO THE END OF THIS CENTERLINE DESCRIPTION. 6- 1 - o%0 Sewer Easement Tract C&D Page 4of5 EXHIBIT "B" IPART OF H LOT 12, BLK 13 JOVITA S 342ND STREET HEIGHTS ADO 1,11 \ S 88'43'36" E I — d,1_ 30.00' N Csi _ a—d S 88'43'36" E ` 103.00' o � z 1 m1 I O Q to N 0 - I T.P.O.B. — V 3 � Rio l No (O O to S 88'43'36" E 30.00' I S 88'43'36" E 103.00' 1 7_1 1 L 0 r _ 1 N T.P.O.B. I i (,---___ CD3 L J NI IZI TACOMA SEATTLE JOB NO. 209307.50 2215 North 30th Street,Suite 300,Tacoma,WA 98403 253.383.2422 TEL May 24, 2010 1200 Sixth Avenue,Suite 1620,Seattle,WA 98101 206.267.2425 TEL SEWER EASEMENT 1"-100 THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION LEGAL BY: BD EXHIBIT BY: TAD OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE w:\sdskproj\2009\209307\dwg\access exhibltdwg LEGAL DESCRIPTION SHALL PREVAIL ewer t,asemeI1t I raci L 6i.U Page 5 of 5