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HomeMy WebLinkAbout20100923000802 SANITARY SEWER EASEMENT 092310 Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 201009230008°2 66.00 PACIFIC NU TIT EAS PAGE-001 OF 005 KING3COUN0TY14WA7 Above this line reserved for recording information. SANITARY SEWER EASEMENT a(0(A Z- FAC06-0027 PACIFIC !'03.1 H\NE T T!Ti, Reference#(if applicable): N/A �61°Grantor/Borrower: Colby R.E.,LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: W '/z 23-21-04 q a Assessor's Tax Parcel ID#: 375160-0713,375160-0727 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. Sewer Easement Page 1 of 5 ISE TAX NOT RE"' F,I. King Co. Reco`, 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 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 Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this /0 day of Q,rd' , 2010. Authorized Signa re Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that a,1-( ,7'ely Z""/,N/MO )� and /V/,�?' Ware the person(s) w o appeared before me, and said person(s) acknowledged that /she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the ,.5- A'/ 1//e-e- of eo a limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated // 0/.20/e -PHA 01, /v//? //- ,% 0, sSioiv e 47:4▪4'! o NO7�Rr 4-k_ A . /-Q gLei2• •-••. y• Notary Public in and for th State of Washington • PUBOC '2 Residing at Gt)71 Ny•'• 7• c•7 +� : �°��� My appointment expires /a-/ lc/�O / Rw a�w0liii MAB/tlb File: #1076A REF:H:\Development\Projects\Jovita Heights\FAC06-0027 Jovita Heights\Legal Documents\2010 Sewer Easement Page 3 of 5 EXHIBIT"A" THAT PORTION OF REVISED LOT 4 OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-01-0007, RECORDED UNDER RECORDING NO.20011106001193,IN KING COUNTY,WASHINGTON,AND THAT PORTION OF REVISED LOT 2 OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-04-0018, • RECORDED UNDER RECORDING NO.20041115002495,IN KING COUNTY,WASHINGTON,BEING MORE • i PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID REVISED LOT 2;THENCE SOUTH 88°54'38"EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 367.14 FEET TO THE NORTHEAST CORNER OF SAID REVISED LOT 2;THENCE SOUTH 01°07'09"WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 7.50 FEET;THENCE NORTH 88°54'38"WEST A DISTANCE OF 288.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 385.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°32'57"A DISTANCE OF 104.48 FEET; THENCE SOUTH 75°32'24"WEST A DISTANCE OF 140.43 FEET TO THE BEGINNING OF A CURVE CONCAVE j TO THE SOUTHEAST HAVING A RADIUS OF 195.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°16'50"A DISTANCE OF 133.69 FEET;THENCE SOUTH 36°15'35"WEST A DISTANCE OF 91.19 FEET;THENCE SOUTH 01°15'35"WEST A DISTANCE OF 94.83 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE FROM WHICH THE RADIUS POINT BEARS SOUTH 02°26'51"WEST A DISTANCE OF 35.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°17'05"A DISTANCE OF 22.17 FEET TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 20.00 FEET;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°05'38"A DISTANCE OF 6.32 FEET;THENCE NORTH 01°15'35"EAST A DISTANCE OF 118.41 FEET;THENCE NORTH 36°15'35"EAST A DISTANCE OF 94.55 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 225.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°16'50"A DISTANCE OF 154.25 FEET;THENCE NORTH 75°32'24"EAST A DISTANCE OF 140.43 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 415.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°38'28"A DISTANCE OF 33.62 FEET TO THE WEST LINE OF LOT 1 OF SAID CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-01-0007;THENCE SOUTH 01°07'09"WEST ALONG SAID WEST LINE A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. � BE w 4+F "`v 1447R°tt-° 2.,?...a t EXHIBIT "B" 28 3 . 78 75 LOT 1, AUBURN 76 80 78 77 06 LL A-01-0007 . y10_ -� .+..�•� -,_L2 —- - - l �C1 _� et vs 86 /C '�- L5 TRACT+" 82 / ! C2 LOT 2, AUBURN X LOT 4, AUBURN 1.LA-04-0018 4 LLA-01-0007 - I ea a fro �87 LINE TABLE LINE LENGTH BEARING r. L1 15.00 SOZ07'Q9"W 85 J RADIAL L2 367.14 $$O'Q4'38"E ' 02'26'51" W 1.3 7.50 501'07'09"W ' L4 288.60 N88'84'38"W PROPOSED L5 140.43 575'32'24"W S 346174 ST. STREET-TO BE L9 91.19 S3B'15'35"W OF VISTA POINTE INTS DEDICATED BY PLAT L7 94.83 501'15'35"W L8 118.41 N0115'35"E 1---. L9 94.55 N3615'35"E L10 140.43 N75'32'24"E CURVE TABLE CURVE LENGTH RADIUS DELTA C1 104.4-8 385.00 15'32'57" 02 133.69 195.00 3916'50" C3 22.17 35.00 3617'05" C4 6.32 20.00 18'05'38" 437`, C5 154.25 225.00 3916'50" C8 33.62 415.00 4'38'28" 1"=i50' � ' I ' .� li ii.I f .___,j -TACOMA • SEATTLE JOB NO. 209307.50 2215 North 30th Street,Suits 300.Tacoma,WA 98403 253.383.2422 TEL March 30, 2010 1200 Sixth Avenue,Suite 1620,Seattle,WA 88101 208.267.2425 TEL SEWER EASEMENT THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION LEGAL BY: 80 EXHIBIT BY: TAD OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT. BETWEEN TILE WRITTEN LEOAL DESCRIPTION AND THIS SKETCH, THE w:\edakgrot\2O0S\209307\dwg\=ever exhibit.dwg _ _ ___ _ LEGAL OFSCRIPTION SHALL PREVAIL. Sewer Easement Page 5 of 5