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Home My WebLink About20101210000744 WATER EASEMENT Y-3 121010 Return Address: 11 1 1 111 111 II 1 0 11 11 11 11 11 City Auburn Clerk 20101210000744 City Clerk 25 West Main MCCULLOUGH HIL EAS 66.00 Auburn, WA 98001 12/10/2010F101:45 KING COUNTY, WA Above this line reserved for recording information. WATER EASEMENT Y-3 FAC05-0021 Reference # (if applicable): N/A Grantor/Borrower: Wal-Mart Stores, Inc, Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 1/4 13-21-04 8 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 DUCTILE IRON 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 1 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. 2 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this/5w-day of , 2010. WAL-MART S 0 1.' INC a Delaware corpora s A"f By: . Frank V. f ampalone 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) .: EXHIBIT A Waterline Easement Description THAT PORTION OF LOT 4 OF THAT CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA 05-0016, RECORDING NUMBER 20091006900003, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND, 15.00 FEET WIDE, HAVING 7.50 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE NORTH, WEST AND SOUTH LINES OF SAID LOT 4 THE FOLLOWING FIVE COURSES: SOUTH 83°13'22" WEST 1206.91 FEET; THENCE SOUTH 77°30'44" WEST 301.50 FEET; THENCE SOUTH 73°17'48" WEST 115.88 FEET; THENCE SOUTH 00°29'34" EAST 101.28 FEET; THENCE SOUTH 67°30'21" EAST 299.29 FEET; THENCE DEPARTING SAID SOUTH LINE OF LOT 4 NORTH 00°31'55" WEST 12.06 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°31'55" WEST 156.80 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 00°31'55" WEST 20.74 FEET; THENCE NORTH 89°28'03" EAST 104.08 FEET; THENCE NORTH 00°50'40" WEST 80.26 FEET TO A TERMINUS OF THIS DESCRIBED CENTERLINE; ALSO, BEGINNING AT HEREINBEFORE DESCRIBED POINT "A" ; THENCE SOUTH 89°28'03" WEST 35.77 FEET TO A TERMINUS OF THIS DESCRIBED CENTERLINE; THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS; THE ABOVE DESCRIBED PARCEL CONTAINING 5,852 SQUARE FEET (0.1344 ACRES) , MORE OR LESS; SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. /o — /—/0 .0.SHAI � WAL—MART INC. c�;•DwASkj !l� AUBURN FUELLING STATION JAMES M HARPER, P.L.S. Z:!c" )� BRH JOB NO. 2004210.03 r ' OCTOBER 10, 2010 BUSH, ROED & HITCHINGS,INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 4 EXHIBIT B ■ I �� 5CC D N 1 , (p .... . r °o z i . R A NDr / °o `Vt \ - co ° CO ?' -1 // ,gg' «� \ Cr) M I� O S > /,,,,Co i',6" m -{ m n N ° O to / ni I1T N N $ 0 /mow co ,- 3 tits 0.) A O C/v z ""Q N to GO�/m 6 i to i VI 2 I� y/ p O U m -ai z _ m o �.N 2/ °° �L ! • m ° I �/ . ; .\ „W N t> p//Ni EASEMENT AREA pll z a SI I Z Z /y c , 4 0 z XIz-2,.-- I , 0 / W n If)r13 O XI C 1 -A rn G) l!1 vu v n u u 1 +m m Ill Z / f O O m � p r , P z N 1 Im m . ZZ1 ° N � 1 m• 11= i/_ ooxz pc. 01 w S maz � � 0 1 !_: g ; mrz C°, - � I `z 03 morn !: cDo VJ c.I-/ rn. .I;vl� Z Z 1 00 1 �o 81 N8 m m O II I 0o I m * w 1 St CO �m -' 1 o I V \ Dt>r AI Z N tT 11 Il 11 Il I . tN,, 0,W teC;gN. I tC N I o o N m W W C I m m /,'�� ""� I 0 ® ® O g ® II osL �I P1 \n ni Z r Z n I n &Q't SZ -Z Z -Z NS ^' W Np. (,+ yo 4'8 ko a� W�co co o w m z I O O r' S 0, .11.• rn CO O • NA IO O '- AT O 1 I n l, i N — raiz 3.0£.8Z.00 I _`J; LL9 3.LS,LE.00 S } r 4.-22 — PUGET POWER RIGHT{OF-WAY- N 1/4 COR.SEC.24 W — _ _ — _— - - /0 — ///O WATERLINE EASEMENT EXHIBIT ti.of W /.�i i AN PREPARED FOR: WAL-MART INC. F� '4• PROJECT: AUBURN FUELLING STATION ; /-;may 1• kNi BUSH,ROED E S&LNGS,INC. ,4;Ii�,�'iiY� �r�CIVIL ENGINEERS&LAND SURVEYORS t�s �/�/2009 MINOR AVE.E. (208)323-4144 S/bHgl 0,140 e SEATTLE,WA 98102-3513 BRH BRH JOB.NO 2004210.03 10-11-2010 5