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HomeMy WebLinkAbout20110310000562 SANITARY SEWER EASEMENT 03/09/2011Return Address: City of Auburn City Clerk n Auburg WA 98001 iillilllllllllllllllllllllllllllilllllllllllllllllll VIII VIII VIII VIII IIII IIII 20110310000562 CASH /KENT 160 EAS 65 00 PAGE -001 OF 004 03/10/2011 12 19 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER EASEMENT FAC06 -0018 Reference # (if applicable): N/A Grantor /Borrower Kent 160, LLC, Kent 25, LLC Grantee /Assignee /Beneficiary City of Auburn Legal Description/STR. POR GOVT LOT 3 & OF THE SE' /4, NW '/4 & OF THE NE ' /A, SW' /. & OF THE SE -/4, SW '/4 &OF THE SW' /.,SW' /4 &OF THE NW' /., SW '/4, S4, T21N, 55E, WM Assessor's Tax Parcel ID# 20071220000095 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, Kent 160, LLC and Kent 25, 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 an 8, 10, 12, 15, and 16 -Inch Sanitary Sewer Mains and appurtenances thereof, said Easement Area being a portion of the above - designated Tax Parcel ( "Parent Parcel "), and described as follows: SEE AMENDED RECORD OF SURVEY FOR BRIDGES FILED IN VOLUME 275 OF SURVEYS AT PAGES 118 THROUGH 124 INCLUSIVE, RECORDING NUMBER 20101008900002, PUBLIC SANTARY SEWER EASEMENT IN CITY OF KENT, KING COUNTY, WASHINGTON Record of survey delineates the sanitary sewer easement and access easement boundaries which are identified as City of Auburn Sanitary Sewer Easement, COA Sanitary Sewer Easement, and COA Public Sewer Easement. Easement Page I of 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. 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. Easement Pagc 2 of 4 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 9k" day of wrch 200.1 Kent 160, LLC Authorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF -KING ) I certify I have know or have satisfactory evidence that: the person(s) who appeared before me, and said person Le) ,a knowI d `"d that he /she /they signed this instrument on oath stated that 'she /they /were authorized to execute the instrument and ac wledge as the "O'I'u.i s �, kk r of ytc - Ibo Lt-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 /11 Easement Page 3 of 4 u Notary ublic in and for the State of Washington o Residing at ILA , bw— Wei N`�v= My appointment expires 1ohit... Easement Page 3 of 4 Cent 25, LLC thorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that t„ L4Lw Iz o S Is re the person(s) who appeared before me, and said person(s) acknoWedged that h�she /they signed this instrument on oath stated that Ft!egshe /they v(ras /were authorized to execute the instrument and acknowledge as the ^M{lro t ';( - of ytvtk X, 4LC, a limited company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated %5/tilll MB /tlb File: #1101 REP 1 -1:\ Development \Projects \Verdana \l'AC06 -0018 Gravity SewerTegal Documents\ 2010.doe Easement Page 4 of 4 �; o�20TARL �•pm! 2 Notarypublic in a d for the State of Washington N % UB�� 2„2,1. Acv` Residing at Vt,x " WA oFwpsN�,,; My appointment xplres la /-;-'M MB /tlb File: #1101 REP 1 -1:\ Development \Projects \Verdana \l'AC06 -0018 Gravity SewerTegal Documents\ 2010.doe Easement Page 4 of 4