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HomeMy WebLinkAbout20101210000743 WATER EASEMENT 121010 Return Address: City of Auburn City Clerk 25 West Main 800 20101210000743 MCCULLOUGH HIL PAGE-001 OF 006 KING COUNTY11WA5 Above this line reserved for recording information. WATER EASEMENT FAC05-0021 Reference # (if applicable): N/A Grantor/Borrower: Wal-Mart Stores, Inc, Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 1/413-21-04,NW 1/4 23-21-04 (.267 Assessor's Tax Parcel ID#: 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, a Delaware corporation 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 an 8-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. 1 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. 2 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this jay of , 2010. WAL-MART. TO*EES NC„ a Delaware corp :lion 4k,, By: Frank Pampalon- Its: Director of Design State of Arkansas County of Benton The foregoing instrument was acknowledged before me this/ ,day 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) %I I)' Jane Bennett NO Air Public County of Benton Notary Public-Arkansas My Commission Exp.03/13/2012 3 EXHIBIT A Waterline Easement W5 Description THOSE PORTIONS 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 STRIPS OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET ON EACH SIDE OF EASEMENT CENTERLINES DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON AND THE WEST MARGIN OF THAT CERTAIN WATERLINE EASEMENT IN SAID SECTION DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 6138769; THENCE SOUTH 00°28'30" EAST 65.98 FEET ALONG SAID WEST MARGIN TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 00°28'30" EAST 20.32 FEET ALONG SAID WEST MARGIN TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 00°28'30" EAST 98.55 FEET ALONG SAID WEST MARGIN TO A LINE LYING PARALLEL TO AN EXISTING WATERLINE AND 7.50 FEET NORTHERLY THEREOF; THENCE SOUTH 82°40'36" WEST 94.41 FEET; THENCE SOUTH 89°15'25" WEST 165.56 FEET; THENCE SOUTH 89°40'54" WEST 20.42 FEET TO A POINT HEREINAFTER REFERRED TO POINT "C"; THENCE CONTINUING SOUTH 89°40'54" WEST 205.38 FEET ALONG SAID PARALLEL LINE TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING SOUTH 89°40'54" WEST 39.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°32'31" WEST 139.47 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING NORTH 00°32'31" WEST 256.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING NORTH 00°32'31" WEST 255.91 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 00°32'31" WEST 126.84 FEET TO THE SOUTHERLY MARGIN OF THAT CERTAIN WATERLINE EASEMENT DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 9311031161 AND THE TERMINUS OF SAID EASEMENT CENTERLINE; ALSO, BEGINNING AT SAID POINT "A"; THENCE SOUTH 89°31'30" WEST 21.90 FEET ALONG SAID EASEMENT CENTERLINE TO 'j'HE TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "B"; THENCE SOUTH 89°31'30" WEST 23.86 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "C"; THENCE NORTH 00°19'06" WEST 19.19 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "D"; THENCE NORTH 00°19'06" WEST 15.50 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "E"; THENCE SOUTH 89°27'29" WEST 20.76 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "F"; THENCE SOUTH 89°27'29" WEST 22.10 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; 4 ALSO, BEGINNING AT SAID POINT "G"; THENCE SOUTH 89°27'29" WEST 20.55 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. , IN KING COUNTY, WASHINGTON AND THE WEST MARGIN OF THAT CERTAIN WATERLINE EASEMENT IN SAID SECTION DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 6138769; THENCE NORTH 00°31'57" WEST 11.36 FEET ALONG SAID WEST MARGIN TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING NORTH 00°31'57" WEST 199. 98 FEET ALONG SAID WEST MARGIN TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE CONTINUING NORTH 0C°31'57" WEST 286.01 FEET ALONG SAID WEST MARGIN TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING NORTH 00°31'57" WEST 106.39 FEET ALONG SAID WEST MARGIN TO SAID SOUTHERLY MARGIN DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 9311031161; THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN THE FOLLOWING THREE COURSES: THENCE NORTH 88°11 '14" WEST 163. 61 FEET; THENCE SOUTH 88°07 '53" WEST 113. 65 FEET; THENCE SOUTH 84"22'29" WEST 25.46 FEET TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE DESCRIBED HEREIN; THENCE SOUTH 00°15'19" EAST 49. 02 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO BEGINNING AT SAID POINT "H"; THENCE SOUTH 89°28'03" WEST 18.57 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO BEGINNING AT SAID POINT "I"; THENCE SOUTH 89°28'03" WEST 28.33 FEET ALONG SAID EASEMENT CENTERLINE TO THE TERMINUS THEREOF; ALSO BEGINNING AT SAID POINT "J"; THENCE SOUTH 89°28'03" WEST 19.50 FEET ALONG SAID EASEMENT CENTERLINE TO A TERMINUS THEREOF; THE SIDELINES OF THIS EASEMENT TO BE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT SAID WEST EASEMENT MARGIN, AT SAID SOUTHERLY EASEMENT MARGIN AND AT SAID PARALLEL LINE. SITUATE IN THE SOUTHWEST QUARTER OF SECTION 13 AND IN THE NORTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. , IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. BCRA krj• C WAS S• .4. SUPERMALL 1 '` *, w JOHANN G. WASSERMANN, P.L.S. Vro. BRH JOB NO. 2004210.08 APRIL 23, 2009 [°moo BUSH, ROED & HITCHINGS, INC. 't•,��1:_ 2009 MINOR AVENUE EAST w SEATTLE, WA 98102 (206) 323-4144 5 EXHIBIT B 584°22'29"W C, ict 18 25.46' 588°07'53"W +_ N88°1114"W } 113.65' 163.61' ` I —.1 15' _-T --- 11 b, �i. _---- Lip en S.MON.ESMT. 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(206)323-4144 s '∎'c,Sht+�-° SEATTLE,WA 981 02-3 51 3 % '0�AL LANG S` BRH JOB NO.2004210.08 4-24-09 WATERLINE EASEMENT W5 SKETCH SUPERMALL PROJECT — AUBURN, WA PREPARED FOR: BCRA 6