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Home My WebLink About20171009000521 WATER EASEMENT MAINT AGREEMENT 060117 ! i }44; - -cy !iIII/IIiIJ/IIIA//I/IIIIIJIlhI�I h/iI7IIII�IIihj/IIIIIJI iIIIjII 8 ' 20171009000521 _ EASEMENT Rec: $83.00 Return Address: 10/8120772;23 PM KING COUNTY, WA City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXCISE 1 0 REQUIRED King �.-. q; Division FIRST AMERICAN J 1.� By lb.. Alr , Deputy IJP Above this line reserved for recording information. WATER EASEMENT MAINTENANCE AGREEMENT ADD 17-0014 & DE V17-0004 Reference# (if applicable): N/A Grantor/Borrower: M&M Hospitality, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 13 - Township 21N— Range 4E Assessor's Tax Parcel ID#: 000080-0049 THIS WATER EASEMENT MAINTAINANCE AGREEMENT made and entered into this /3 day of 737:4-11e— , 2017, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and M&M Hospitality, LLC hereinafter referred to as "PROPERTY OWNER" (collectively, the "PARTIES"). Said documents were filed of FACTUAL CONTEXT ecord as en accomodatien on!" Jr has not been examined as tc: proper execution or as to its A. Travelodge is a hotel/commercial development located iii'OAth'urn, Washington at the real estate described Exhibit "A". B. The PROPERTY OWNER has applied for an addition permit (ADD17-0014) with the CITY for the construction of improvements for Travelodge, located at 9 16(11 St NW, Auburn, WA 98001, which proposes a removable porte cochere roof shown in Exhibit "B" over an existing 12-inch water line located in a water casement under recording number 9805140644 described under Exhibit "C". C. The PROPERTY OWNER has agreed they will be responsible for removing and replacing the removable porte cochcre, at the PROPERTY OWNERS cost, in the event that the water main under the porte cochere needs to be accessed by the CITY. ADDI7-0014& DEV I7-0004 Water Easement Maintenance Agreement Page Iof10 • D. In the event that the water main located under the porte cochere requires maintenance/repair, the water main will be shut off and domestic and irrigation water service will not be available to the Travelodge building. Domestic and irrigation water service will remain unavailable until the PROPERTY OWNER removes the removable porte cochere so that the CITY can access the water main for maintenance/repair, and the CITY completes the maintenance/repair. NOW, THEREFORE, in consideration of' the foregoing, and of the mutual agreement of the Parties to the terms and conditions hereinafter contained, the PROPERTY OWNER and CITY agree as follows: Section 1, EASEMENT PROPERTY OWNER has already provided an easement to the City for access, inspection, and maintenance of existing water main under recording number 9805140644 and depicted in Exhibit"C". Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the parties. Section 3, MAINTENANCE The PROPERTY OWNER agrees to remove and replace the porte cochere in the event that the water main under the porte cochere must be accessed by the CITY. The PROPERTY OWNER understands that the water main will be shut off and domestic water service will not be available to the Travelodge building, making it uninhabitable until the PROPERTY OWNER removes the removable porte cochere so that the CITY can access the water main for maintenance/repair, and the CITY completes the maintenance/repair. The CITY agrees that in the event that scheduled routine maintenance is anticipated, the CITY will contact the PROPERTY OWNER a minimum of seven:(7) calendar days prior to the scheduled maintenance so the PROPERTY OWNER can remove the porte cochere. ADDI 7-0014& DEV 17-0004 Water Easement Maintenance Agreement Page 2 of 10 EXECUTED as of the date first written above. • / a/� / v �c�Signature Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that —0-7A-4111 b%'tvtrl U edtrSD t11 114.01.1-10 is(a tl e person(s) who appeared before me, and said person(s) acknowledged that he/she to signed this instrument on oath stated that he/shee wa. _ authorized to executes he instrument and acknowledge as the iS e of —Jo 4o tO1 - a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated (Di 111 JUUAtl. / , oL ...Cr. ro- 4 + ‘ (f9l g � • . I' .xxs 4144 • Er „� "7 gats L.1I. erode( : S."k;41t.t% .i: �• tilt!? ''�t 2 Notary Public in and for the StateioF) 4I"'.�y4 t{sv p. ty,,��q� ZZ.,. . `i. .. c Residing at itigsbO AW HCl . I{d g . s, vi,:;ei. g q c My appointment expires (0171((IC{ "flhs urlt Of‘14 ,iii,iltww" ADD 17-0014& DEV 17-0004 Water Easement Maintenance Agreement Page 3 of 10 • CITY OF AUBURN fA l//3Jz4i 7 Ingriu i., City E er D to STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Ingrid Gaub is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CITY ENGINEER of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated GO/ t9,-- i /AA/ . e. p''4r.4- Et R A GS,`.j _ 'Lyn =� 1- Notary Public in and for th i State of Washingt6n ••• Z : Residingat —PLeu-, Cow447 ,.,o.. i� • / ,= My appointment expires II/i' µ fi r." op WA S F; $i t 1 ; {_• arH9 SAS/tib ADD17-0014& DEV 17-0004 Water Easement Maintenance Agreement Page 4 of 10 LEGAL DESCIPTION Lot 1, City of Auburn Short Subdivision No. SPL0002-96, Recorded June 03, 1996 under • Recording No. 9606031186, in King County, Washington • • • ADDI7-0014& DEV 17-0004 Water Easement Maintenance Agreement Page 5 of 10 1 Exhibit B =714=' --- . lay \y{t b I, 74 kk) 440. '41 1:HaScia„.......... ..........w., . -.— —._. -- ._ _. — -,-- per —. " _ LEst._ ..--t .e-.-1 . EXISTING 12-INCH f _a WATER MAIN m \. L �--.- -- i REMOVABLE PORTE , ,/i" COCHERE •:14t L cars %f/ 11 f • ar 1 - -- ._,,, �/ \ 1 (i 1 I I I t 13 e e 1i ADD 17-0014&DEV 17-0004 Water Easement Maintenance Agreement Page 6 of 10 anm.a • • • • • -ego. Eyhtb� c. ._._rn_T_ Return Address'. f City of Auburn City Clerk 25 West Main Auburn,WA 98001 • V 7 Above this lint reserved for recording information. . EASEMENT References(if applicable): N/A Additional on page: Grantor/Borrower. I)THC—Auburn.LLC 2) Additional on page: _ 6 Grant&AasigntcBeuefidary: City of Auburn Legal Description/SIR: NE V SI 2,721.1t4 Additional on page: 3941 Assessors Tax Parcel IDN: 000080-0049-06 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 d Grantor herein,Grantor,THC-Auburn,LLC,a Washington limited liability company,d.b.a. Microtel Inn and Suites,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 for Q') the purpose of laying,maintaining,and installing public waterline AND APPURTENANCES THEREOF,said real property being described as follows: SEE EXHIBIT"A",ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right,ai times as may be necessary,for immediate entry upon said Easement for the purpose of maintenance,inspection,constructian,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 deemed nreessary by the Grantee. Said Grantor shall not in any way block,restrict or impede access and egress to or from said Easement,and/or in any way block,restrict or impede full use of the real property within the Easement Page 1 of 4 f Sal __-r.. .. • • • • • above-described Easement by said Grantee for the above-described purposes.Said Grantor may fence across said Easement and/or along the boundaries of said Easement 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 real property within the above-described Easement. If said gate is to be locked,keys shall he provided to the Grantee. This Easement shall be a covenant running with the above-described real property and burden i said real estate,and shall be binding on the successors,heirs and assigns of all parties hereto. e IN WITNESS WHEREOF,said co ration�has caused this instrument to be executed by its proper officer(s)this /GG day of , 19%' - 0 CO Authorized Signa Authorized Signature STATE OF WASHINGTON) )ss . County of King I certify that I know or have satisfactory evidence that NC✓n.AA I`-Eta/ti, (f(1M 4P. - the person(s)who appeared before me, d person(()acknowledged that [l/.heithcy signed this instrument,on oath stated that e/they was/were au orizod to execute the trument and acknowledged it as the Cl a—ettAlt..K of_ . • -Fitt- '64s,(.tC.. itt Mc Loki I irta4t7/,-a eo q to be the free and voluntary act of such party fol the uses and purposes mention to is instrument. . - . Dated d/u,(tV t,1E F.e / 4(7 -U:e, NOTARY . r o :v _*- _:z' C.A. / S/ ;N�. puauC ryg,�O Notary Publi and for the S • of Washington '9 ER9.:.Cis residing at / to t. Co• %.�pF'WPr44. My appoinbne t=piles .e/I(li!/ ,"4u ,n ,,,,,, AK/bd • REF.H:1FAC PAC2769\E9&226 • Easement Page 2 of A• :4 9 .24 1 • • - r • monast • _� EXHIBIT "A" WATERLINE EASEMENT AUBURN MICROTEL AN EASEMENT 15.00 FELL IN WIDTH FOR A WATERLINE AND APPURTENANCES SITUATED IN LOT I OF SHORT PLAT NO.SPL 0002-96 FILED UNDER RECORDING NO:9606031186,RECORDS OF KING COUNTY, WASHINGTON,SAID EASEMENT HAVING 7.50 FEET OF SUCH WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING ON THE SOUTH LINE OF SAID LOT 1 AT A POINT WHICH LIES 85.00 FEET WESTERLY OF THE SOUTHEAST CORNER THEREOF;THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE EAST LINE OF SAID LOT 1, A DISTANCE OF 117.30 FEET TO A POINT HEREINAI-FER REFERRED TO AS "POINT A";THENCE CONTINUING IN A NORTHERLY DIRECTION,ALONG SAID PARALLEL LINE,A DISTANCE OF 21.50 FEEL;THENCE IN A WESTERLY DIRECTION,PARALLEL WITH THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 125.50 FEE! TO A POINT HEREINAFTER REFERRED TO AS"POINT B"; THENCE CONTINUING IN A WESTERLY DIRECTION PARALLEL t EL WITH THE .- SOUTH LINE OF SAID LOT 1,A DISTANCE OF 25.00 FEET;THENCE NORTHWESTERLY IN A STRAIGHT LINE A DISTANCE OF 53.00 FEE I,MORE OR LESS,TO A POINT ON A LINE WHICH LIES PARALLEL WITH AND 7.50 FEET NORMAL DISTANCE EASTERLY OF THE WEST LINE OF SAID LOT I; THENCE N A NORTHERLY DIRECTION ALONG SAID PARALLEL EL LINE A DISTANCE OF 98.50 FEEL TO THE NORTH LINE OF SAID LOT I AND TERMINUS OF THIS CENTERLINE. THE EXTERIOR LINES OF THE HEREINABOVE DESCRIBED EASEMENT BEING EITHER LENGTHENED OR SHORTENED ACCORDINGLY TO INTERSECT THE PRECEDING COURSE. 00 TOGETHER WITH AN EASEMENT 15 00 FEET IN WIDTH FOR WATERLINE AND APPURTENANCES SITUATED IN LOT I OF SHORT PLAT NO. SPL 0002-96 FILED UNDER RECORDING NO.9606031186,RECORDS OF KING COUNTY, WASHINGTON,SAID EASEMENT HAVING 7.50 FEEL OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE COMMENCING AT THE HEREINABOVE REFERENCED"POINT A"AND EXTENDING THENCE EAST,PARALLELWITH Easement Page 3 ora tYat'P's�* ! +"..CRg"N' `MSi9�$1eY+4'.7Ft•4:'1cmiT°n 4: • • • • • • • THE SOUTH LINE OF SAID LOT I,A DISTANCE OF 72.50 FEET TO THE t?' TERMINUS OF THIS CENTERLINE. • AND TOGETHER WITH AN EASEMENT 10.00 FEET IN WIDTH FOR . WATERLINE AND APPURTENANCES SITUATED IN LOT I OF SHORT PLAT r4 NO.SPL 0002-96 FILED UNDER RECORDING NO.9606031 186,RECORDS OF KING COUNTY,WASHINGTON,SAID EASEMENT HAVING 5.00 FEET OF CO• SUCH WIDTH ON EACH SIDE OF A CENTERLINE COMMENCING AT THE ID HEREINABOVE REFERENCED'POINT B"AND EXTENDING THENCE SOUTH, PARALLEL WITH THE EAST LINE OF SAID LOT I,A DISTANCE OF 24.00 FEET TO THE TERMINUS OF 11115 CENTERLINE. W. *, s e• Y f T ^ {i W ° Ali• • • - °4a,Aro • REF.11:1FAC1FAQ769\E98-226 • Fs+emem • Pye4o14 • @. .. • • {:•:rpt a `-``7d.�fi •