HomeMy WebLinkAbout201108190526 STORM SEWER EASEMENT AND CONST PERMIT 08/18/11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ���'� ���0�,
201108190526 10 PGS
08/1912011 02 44 13 PM $71 00
PIERCE COUNTY, WASHINGTON �� � «Oq,
WHEN RECORDED RETURN TO-
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
ASSIGNMENT OF STORM SEWER EASEMENT
AND CONSTRUCTION PERMIT
GRANTOR. PIERCE COUNTY
GRANTEE. CITY OF AUBURN
Legal Description (abbreviated)- SW '/4 of Sec. 6, Twn. 20 N., R. 5 E. and NW '/4 of See.
7, Twit. 20 N., R. 5 E.
Additional legal description on attached Exhibit A.
Original Tax Parcel Numbers: 0520063002, 9520000230, 9520000236, 9520000210,
9520000192, 9520000170, 9520000174, 9520000168,
9520000152, 9520000143, 9520000120, and
9520000100
This ASSIGNMENT OF STORM SEWER EASEMENT AND
CONSTRUCTION PERMIT ( "Assignment ") is made and entered into by and among
PIERCE COUNTY, a municipal corporation and political subdivision of the state of
Washington (the "County') and THE CITY OF AUBURN, a municipal corporation and
political subdivision of the state of Washington (the "City ")
RECITALS
WHEREAS, by STORM SEWER EASEMENT AND CONSTRUCTION
PERMIT originally recorded in Pierce County, Washington under Auditor's File No.
9912300752 and rerecorded under Auditor's File No. 200101180389 (`Basement'),
Petersen Family Limited Partnership, a Washington Limited Partnership, conveyed to the
County a STORM SEWER EASEMENT AND CONSTRUCTION PERMIT,
WHEREAS, the County desires to assign its rights under said Easement to the
City; and
Assignment of Storm Sewer Easement and Construction Pennit.doex EXCISE TAX EXEMPT DATE 'i�' I §-P
Page 1 of 10
Pierce County
By
ar
Auth. Sig
WHEREAS, the City has annexed a pond which outflows into the area containing
the storm sewer easement and agrees to receive the assignment of rights , benefits,
privileges, interests, and obligations under the easement to the County, and
WHEREAS, paragraph (5) of the storm sewer easement indicates that the
easement is assignable in part or whole by the County
AGREEMENT
1 The above Recitals are hereby incorporated by this reference.
2. The County hereby assigns and the City hereby assumes, all rights, benefits,
privileges, interests and obligations of the County under the Easement.
3 The rights and obligations of the parties hereto shall inure to the benefit of and be
binding upon their respective successors and assigns and shall be deemed to run with the
land.
4 This Assignment, together with the Easement, contains all of the provisions pertaining
to any matters referenced in it and no prior agreements or understandings pertaining to
any such matters shall be effective for any purpose.
5 This Assignment is executed and shall be construed in accordance with the laws of the
State of Washington.
6. If any party shall bring an action to enforce the terms of this Assigtmrent, in any such
action the prevailing party shall be entitled to an award of its attorneys fees and costs.
7 The undersigned acknowledge that they have had the opportunity to seek legal counsel
prior to signing this Assignment.
8. This Assignment may be amended or modified only by written instrument, executed
and acknowledged by the parties hereto or their successors or assigns.
9 The City understands and hereby acknowledges that the County does not by this
Assignment together with the Easement make any representations or warranty of any
type, kind or nature whatsoever including, but not limited to, warranties as to the title to,
sufficiency of the legal description of, suitability to use or condition of the Easement
Area.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the
day and year last written by the signatures below
Assignment of Storm Server Easement and Construction Permit.docx
Page 2 of 10
PIERCE COUNTY:
Approved as to Form Only -
By Date signed. /6'26
Deputy Prose uting Attorney
Final
Name: Pat McCaihy
Title: Pierce County
CITY OF AUBURN:
Date signed:
( 9:;4 , Date signed: ?Az&
Name: Dennis Dowdy
Title: Director of Public Works
STATE OF WASHINGTON
County of Pierce )
I certify that I know or have satisfactory evidence that P (,tom,
is are the person(s) who appeared before me, and said person(s) acknowledged he/ ie they signed this 7
instrument, on oath stated /thaat he /she /they was /were authorized to execute the instrument and
acknowledged it as the Ry -epl ±L LL e of Pierce County, a Municipal Corporation and
Political Subdivision of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED this day of
E 4t
3
My Appointment Expires: �-/ — I (O C�{6—
Assignment of Storm Sewer Easement and Construction Permit.docx
Page 3 of 10
STATE OF WASHINGTON
County of King
I certify that I know or have satisfactory evidence that �)enn
(gare the person(s) who appeared before me, and said person(s) acknowledgec&llelthey signed this
instrument, on oath slated tha h she/they wa /were authorized to execute the instrument and
acknowledged it as the li-,CC4.�pf of the City of Auburn, a Municipal Corporation and
Political Subdivision of the State of Washington, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED this
day of 20_/L_
'aye nni�ef T �;aS�,y
PJ•�4�. (Print Name)
and for t4jeXtat4f Washington
My Appointment
Assignment of Storm Sewer Easement and Construction Permit.docx
Page 4 of 10
Exhibit A
FINAL AS -BUILT
EASEMENT DESCRIPTION
The Owner's Property includes fourteen (14) different parcels legally described as follows:
GARY G. PETERSEN AND ARLENE J. PETERSEN, husband and wife (fee ownership)
Parcel A:
All that portion of the hereinafter described "Parcel A" lying East of the following
described line:
Commencing at the Northwest comer of Tract 7 of the Plat of White Rivet
Garden Tracts as shown on Page 3 of the Record of Survey recorded under
Auditor's Fee Number 9703130248; thence South 89 °44'38" East along the
North line of said Tract 7 a distance of 885.10 feet to the point of beginning of
said described line; thence South 01 °36'34° East a distance of 46.61 feet; thence
South 01 '28'48* West a distance of 153.33 feet to the South line of said Tract
and terminus of this line description said terminus point lying Easterly and
887.05 feet distant from the Southwest corner of said Tract 7
"Parcel A"
Commencing on the line between Tracts 7 and 8, White River Garden Tracts,
according to the plat thereof, recorded in Volume 7 of Plats, page 100, in Pierce
County, Washington, at a point 143 feet West of the center of the County road as
established; running thence south to the line between Tracts 6 and 7; thence East
on said line between Tracts 6 and 7 to the center of the County road; thence in a
Northerly direction following the center of said County road to its intersection
with the line between said Tracts 7 and 8; thence West on said line 143 feet to
the point of beginning.
Together with that portion of County road as vacated by Ordinance 97 -98
recorded under recording number 9805270773 and as vacated by ordinance
94-125 recorded under recording number 9806090517.
EXCEPT Sumner - Dieringer County Road.
Also except that portion of said premises appropriated by Pierce County
pursuant to Pierce County Superior Court Cause Number 94 -2- 08876 -4.
i GARY G. PETERSEN AND ARLENE J. PETERSEN, husband and wife (fee ownership)
Parcel B:
All that portion of the hereinafter described "Parcel B" lying East of the following
described line:
Assignment of Storm Sewer Easement and Construction Pennit.docx
Page 5 of 10
Conirnencing at the Northwest cozier of Tract 8 of the Plat of White River
Garden Tracts as shown on Page 3 of the Record of survey recorded under
Auditor's Pee Number 9703130248; tierce South 89 °44'38' East along the
North line of said Tract 8 a distance of 848.27 feet to the point of beginning of
said described line; thence Send, 09 '32'17' East a distance of 148.25 feet;
thence South 07'59'03' East a distance of 55.00 feet to the South line of said
Tract 8 and terminus of this line description, said terminus point lying Easterly
i
and 885.10 feet distant from die Southwest corner of said Tract S.
"Parcel W
All that portion of Tract 8, R7vto River Garden Tracts, according to the plat
thereof, recorded in Volume 7 of Plats, page 100, in Pierce Coimiy, Washington,
lying East of the East litre of the Northern Pacific Railroad Company right -of-
way and lying West of County road shown on said plat also known as State
Highway No. 5.
Also all that oortion of Tract 7, White River Garden Tracts, according to the plat
thereof, recorded in Volume 7 of Plats, page 100, in Pien:c County, Washington,
lying East of than East lute of the Northern Pacific Railroad Company right-of-
way and lying West of County road shown on said plat also known as State
Highway No. S.
Togctlier with that portion of Cotmty road as vacated by Oidmance 97 -98
recorded underrecording number 9805270773 and as vacated by Ordinance
94 -125 recorded under recording number 9806090517
EXCEPT a tract of land described as follows
Commencing on the line between said Tracts 7 and 8 said White River Garden
Tracts at a point 143 feet West of the center of the County road; naming thence
South to the line between Tracts 6 and 7, White River Garden Tracts; thence
East on said line between Tracts 6 and 7, White River Garden Tracts, to the
center line of the County road; thence in a Northerly direction, following the
center of said County road, to its intersection with the line between said Tracts 7
and 8; thence West on said lino, 143 feet to the point of beginning.
Also except Sumner- Dieringer County Road.
And also except that portion of said premises appropriated by Pierce County
pursuant to Pierce County Superior Court Cause Number 94- 2- 08876A.
GARY G. PETERSEN AND ARLENE J. PETERSEN, husband and wife (contract
purchasers interest)
Parcel C:
The East 25 feet of the following described Farrel:
i
i
Assignment of Storm Sewer Easement and Construction Permit docx
Page 6 :of 10
That portion of Tract 9 and the South 50 feet of Tract 10, White River Garden
Tracts, according to the plat thereof, recorded in Volume 7 of Plats, page 100. in
Pierce County, Washington, lying East of the East line of the Northern Pacific
Railroad Company right-of -way and lying West of County road shown on said
plat a -so known as State Highway No. 5.
EXCEPT said County road.
Dieringer Schnnl, f-1,.C., a Washington limited liability company (fee ownership)
Parcel D:
The East t5 feet and the West 10 feet of the East 25 feet of the Soudl2l0 lcct o` the
following described parcel:
That portion of Tenets 10 and 11, 1Vh:te River Garden Tracts, according to tlm
plat thereuf, recorded in Volurnc 7 of Plats, page 100, in Pierce County,
Washington, lying East of the East line of the Northern Pacific Railroad
Company right -o£ -way and lying West of County Toad shown on said plat also
known as State Highway No. 5.
EXCEPT said County road.
Also except the South 50 feet of lot 1 D.
Dieringer Gymnasium, L.L.C., a Washington limited liability company (fee ownership)
Parcel E:
The East 15 feet and the West 10 feet of the East 25 feet of the North 138 feet of the
following described parcel:
That portion of Tenet 12, White River Garden Tracts, according to the plat
thereof, recorded in Volume 7 of Plats, page 100, in Pierce County, Washington,
lying Westerly of the West line of State Highway No. 5, and further described as
follows:
Beginning at apoint of intersection of the South line of said lot 12 with
the West line of State Highway No. 5; thence West along said South
line 242 feet: theneo North 180 feet; thence East pwallel to said South
line, 242 feet to a point on said West line of State Highway No. 5,
thence South along said Wen line to the point of begimtmg.
GARY G. PETERSEN AND ARLENE J. PETERSEN, husband and rvife (fee ownership)
Parcel F:
The East 25 feet of the following described parcel:
Assignment of Storm Sewer Easement and Construction Pennit.docx
Page 7 of 10
That portion of Tract 12, White River Garden Tracts, according to the plat
thereof, recorded in Volume 7 of Plats. page 100, in Pierce County, Washington,
lying East of the East line of the Northern Pacific Railroad Company right -of-
way and lying Westerly of the West line of State Highway No. 5.
EXCEPT therefrom that portion described as follows:
Beginning at point of intersection of the South line of said Tract 12 with
the West line of State Highway No. 5; thence West along said South
line 242 feet; thence North 180 feet; thence East parallel to said South
line, 242 feet to a point on said West line of State Highway No. 5;
thence South along said West line to the point of beginning.
GARY G. PETERSEN AND ARLENE J. PETERSEN, husband and wife (fee ownership)
Parcel G:
The East 25 feet of the following described parcel:
That portion of Tract 13, White River Garden Tracts, according to the plat
thereof, recorded in Volume 7 of Plats, page 100, in Pierce County, Washington,
lying East of the East line of the Northern Pacific Railroad Company right -of-
way and lying West of the Westerly line of State Highway No. 5.
GARY G. PETERSEN AND ARLENE J. PETERSEN, husband and wife (fee ownership)
Parcel H:
The East 25 feet of the following described parcel:
Beginning at the intersection of the North line of Tract 14, White River Garden
Tracts, according to the plat thereof, recorded in Volume 7 of Plats, page 100, in
Pierce County, Washington, and the East line of the Northern Pacific Railway
right -of -way, thence Easterly along the North line of Tract 14, a distance of
390.0 feet; thence Southerly parallel with the Northern Pacific Railway right -of-
way, 100.08 feet to a point 100.0 feet, measured at right angles from the South
line of Tract 14; thence Easterly parallel with the North line of Tract 14, a
distance of 178.4 feet, more or less, to the West line of State Highway No. 5;
thence Southerly along the West line of State Highway No. 5, a distance of
100.08 feet, more or less, to the South line of Tract 14; thence Westerly along
the South line of Tract 14, a distance of 556.4 feet, more or less, to the East line
of the Northern Pacific Railway right -of -way; thence Northerly along the East
line of the Northern Pacific Railway right -of -way, a distance of 200.15, more or
less, to the point of beginning.
Assignment of Storm Sewer Easement and Construction Permit.doex
Page 8 of 10
GARY G. PETERSEN AND ARLENE J. PETERSEN, husband and wife (fee ownership)
Parcel L
The East 25 feet of the following described parcel:
The North 100.06 feet of the East 175.4 feet of that portion of Tract 14, White
River Garden Tracts, according to the plat thereof, recorded in Volume 7 of
Plats, page 100, in Pierce County, Washington, lying East of the East line of the
Northern Pacific Railroad Company right -of -way and lying West of County road
shown on said plat also known as State Highway No. 5.
P & R ASSOCIATES, a Washington limited partnership (fee ownership)
Parcel J:
The East 25 feet of the following described parcel:
That portion of Tract 15, White River Garden Tracts, according to the plat
thereof, recorded in Volume 7 of Plats, page 100, in Pierce County, Washington,
lying East of the East line of the Northern Pack Railroad Company right -of-
way and lying West of County road shown on said plat also known as State
Highway No. 5.
P & R ASSOCIATES, a Washington limited partnership (per ownership)
Parcel M
The East 25 feet of the following described parcel:
Commencing at the intersection of the Northerly line of Tract 16, White River
Garden Tracts, according to Plat recorded in Book 7 of Plats at page 100, in
Pierce County, Washington, with the Westerly line of State Highway No. 5, also
known as Sumner - Dieringer County Road; thence Southerly along the Westerly
line of State Highway No. 5, also known as Sumner - Dieringer County Road, 200
feet, more or less, to the Southerly line of said Tract 16; thence Westerly along
said Southerly line, 218 feet; thence North 200 feet, more or less, to a point 218
feet from the point of beginning; measured along the Northerly line of Tract 16;
thence Easterly along the Northerly line, 218 feet to the point of beginning.
P & R ASSOCIATES, a Washington limited partnership (fee ownership)
Parcel L:
The East 25 feet of the following described parcel:
Beginning at the intersection of the South line of Tract 17 of White River
Garden Tracts as recorded in Volume 7 of Plats, page 100, in Pierce County,
Washington, with the Westerly right -of -way line of State Highway No. 5; thence
Assignment of Storm Sewer Easement and Construction Petmit.docx
Page-9 of 10
Westerly along the South line of said tract 218 feet; thence parallel with the
Easterly right -of -way line of the Burlington Northern Railroad Company right -
of -way North 00 °4228" East 335 feet, more or less, to the North line of the
South 135 feet of Tract 18 of said plat; thence along said North line South
86 °02'12" East to intersect the Westerly right -of -way line of State Highway No.
5; thence Southeasterly along said Westerly right -of -way line to the beginning.
Together with a non - exclusive easement for ingress and egress over and across
the North 20.5 feet of the following described property,
Beginning at the intersection of the North line of Tract 16, White River
Garden Tracts, according to the plat thereof, recorded in Volume 7 of
Plats, page 100, in Pierce County, Washington, with the West line of
State Highway No. 5, also known as Sumner- Dieringer Road; thence
Southerly along said West line of said State Highway No. 5 to the South
line of said Tract 16; thence West along said South line 218 feet; thence
North 200 feet, more or less to a point 218 feet from the point of
beginning, measured along the North line of said Tract 16; thence East
along said North line, 218 feet to the point of beginning.
PETERSEN family limited partnership, a Washington limited partnership (Fee ownership)
Parcel M:
The Bast 25 feet of the following described parcel:
The North 105 feet of the following described property-
That portion of Tract 18, White River Garden Tracts, according to the
plat thereof, recorded in Volume 7 of Plats, page 100, to Pierce County,
Washington, lying East of the East line of the Northern Pacific Railroad
Company right -of- -way and lying West of County road shown on said
plat also known as State Highway No. 5,'
PETERSEN family limited partnership, a Washington limited partnership (fee ownership)
Parcel N:
A 30 -foot strip of land being 15 feet on each side of the following described line, over
and across the North one quarter of Government Lot 7 in Section 6, Township 20 North,
Range 5 East, of the W.M., in Pierce County, Washington, beginning at a point on the
North line of said Government Lot 7 which bears North 89 °21'54' West 621.46 feet from
the Northeast comer of said Goverment Lot as shown on Sheet 6 of the Record of
Survey Sled under Auditor's Fee Number 9703130248 Records of Pierce County; thence
South 20 °54'09' West 146.34 feet; thence South 65 °52'18' West 190.53 feel; thence
South 24 °27'55' East 128.63 feet to the South line of said North one - quarter of
Government Lot 7
EXCEPT East Valley Highway (County Road)
Assignment of Storm Sewer Easement and Construction Permit.docx
Page 10 of 10