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HomeMy WebLinkAbout20191016000938 SE 35- 2-2:-L-1 (Lou) Return Address: City of Auburn - - - City Clerk 25 , n 111111111111111111111111111111111 AuburnWA 98001 20191016000938 EASEMENT Rec:$107.50 10,16/2019 1:56 PM 1 ( D\;✓ '�1 KING COUNTY,WA FIRST AMERICAN ` 17 `0 1 S/ Above this line reserved for recording information. SEWER EASEMENT FAC17-0002 Reference# (if applicable): N/A Grantor: DCT HUDSON DISTRIBUTION CENTER, LLC Grantee: CITY OF AUBURN Legal Description/STR: Section 35 &, Township 22N and Range 4E Assessor's Tax Parcel ID#: 352204-9027 & 352204-9022 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,DCT HUDSON DISTRIBUTION CENTER,LLC hereby conveys and warrants to the CITY OF AUBURN, Grantee herein, a municipal corporation of the State of 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 sewer main and appurtenances thereto, the Easement Area being a portion of the above-designated King County Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 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. Grantee shall have the absolute right to place any type of driving surface within the Easement Area deemed necessary by the Grantee. Grantor shall not in any way block, restrict or impede access and egress to or from the Easement Area, and/or in any way block, restrict or impede full use of the real property within the Easement Area by the Grantee for the above-described purposes. FAC 17-0002 Sewer Easement Page 1 of 5 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY i f 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 the Easement Area, without the express written consent of the Grantee. With Grantee permission, Grantor may fence across said Easement Area and/or along the boundaries of the Easement Area, provided that a gate is constructed in the fence. The 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 the gate is to be locked, keys shall be provided to the Grantee. No excavation shall be made within three (3) feet of the sewer service facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. Grantor grants to the Grantee 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 Grantee's right of ingress and egress shall include such other areas within the Parent Parcel as the Grantee 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 Grantee 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 Grantee or its agents. Grantor additionally grants to the Grantee, the use of such additional area immediately adjacent to the 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 Grantee shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was performed by the Grantee 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 Grantee's use of the Easement Area. This Easement shall be a covenant running with the Parent Parcel shall burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. • FAC 17-0002 Sewer Easement Page 2 of 5 SIGNATORY— DCT INDUSTRIAL OPERATING LLC IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this day of �' n, ,fit' , 2019. DCT Industrial Operating LLC, a Delaware limited liability company By: DCT Industrial Operating Partnership LP, a Delaware limited partnership, its Sole member By: DCT Industrial Trust Inc., a Maryland Corporation, its General Partner By: Name: ?o.^,r c G4-14\ Gs, Title: Stu%:�,c— STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that ` 1 ?/27d is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated th he was aut nzed to execute the instrument and acknowledge as the 1'6 f ii' f. of DCT INDUSTRIAL OPERATING, LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: qi� /�� �P .AP AAR). 4tiii 40/i� % tary ublic in and for the State of WA ,w �_ residing at "a puBvU My appointment expires //-1`} ii1111,IF O,' 1)".° FAC 17-0002 Sewer Easement Page 3 of 5 EXHIBIT "A" LEGAL DESCRIPTION SANITARY SEWER EASEMENT THAT PORTION OF PARCEL A AND TRACT A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA17-0005, RECORDED UNDER RECORDING NO. 20171208900005, RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT A; THENCE NORTH 02°05'17" EAST, 23.44 FEET ALONG THE WEST LINE OF SAID TRACT A; THENCE SOUTH 89°25'52" EAST, 259.41 FEET; THENCE NORTH 62°48'31" EAST, 112.09 FEET; THENCE SOUTH 89°51'40" EAST, 154.32 FEET; THENCE SOUTH 88°41'51" EAST, 229.56 FEET; THENCE SOUTH 67°32'46" EAST, 144.80 FEET; THENCE SOUTH 89°02'54" EAST, 19.08 FEET TO THE EAST LINE OF SAID TRACT A; THENCE ALONG SAID EAST LINE, SOUTH 01°44'07"WEST, 20.00 FEET; THENCE NORTH 89°02'54"WEST, 22.61 FEET; THENCE NORTH 67°32'46"WEST, 144.86;FEET; THENCE NORTH 88°4V51"WEST, 192'.791FEET; • THENCE SOUTH 00°42'13" WEST, 57.66 FEET TO THE SOUTH LINE OF SAID TRACT A; THENCE NORTH 89°17'47"WEST, 15.00-FEET,ALONG SAID SOUTH LINE; THENCE NORTH 00°42'13" EAST, 27.50 FEET TO THE NORTH LINE OF SAID TRACT A; THENCE NORTH 89°17'47"WEST, 64.00 FEET ALONG SAID NORTH LINE; THENCE NORTH 00°42'13" EAST, 30.04 FEET; THENCE NORTH 89°51'40"WEST, 103.09 FEET; THENCE SOUTH 62°48'31"WEST, 120.83 FEET TO THE SOUTH LINE OF SAID TRACT A; THENCE NORTH 89°17'48"WEST, 257.31 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. CONTAINS 22,168 SQUARE FEET MORE OR LESS (0.509 ACRES +1-) GIL(c(0. WAsy t90 ;%�. • S• CA'eG • l • 46315 ,•c'4/1'b%-1,9;er�y =_ Project Name: Hudson DC ? "-•wf,'"...4=' April 10,2019 BDG/JSE 177581_015 FAC17-0002 Sewer Easement Page 4 of 5 i >-‘ I EXHIBIT "B" M ► w - - — — — — _a— — — —J NO2'05'17"E z 23.44' i= D co z 1 O Q z 0 v C - > Vi O -< *2 N m � r Z v UUp O m N E>O _ 0 �2TI \ 1 --iCD 26, a) S c� E ozZ> ��• \aS. Ui-1 Z D t�0 \.C�t' a) L-------. 8,2iX ( CO o N89'51'40"W D c) cn S89'17'47"E N00'42'13'E 7 \ 0,1 Er: �1 z 0E 64.00' 30.04' \ fw 0 D r aa) m ocz,ci co �1 N00'42'13'E a) cam/)z 3 27.50' { m a11 ) m N89'17'47"W \ Cl, , o 15.00' S00'42'13"W� I� a°Do, X 57.66' fn zz \ �' w N moo \ a0 ^4 Nit \ m in _ v i \ N N I \(O / - \ \ L m _'` wm-�, \\\ 1111111 ) �w ti`y\\ a y \ CM N89'02'54"W �+ o: p CO ° 22.61' \\� „°'+ / o S01'44'07"W S89'02'54"E 20.00' 1 19.08' I I I iii i SCALE: For: JOB NUMBER HORIZONTAL 1"=150' DCT 17758 BARGHAUSENLi] HUDSON I7758L.015.DOC CONSULTING ENGINEERS, INC. SHEET 18215 72ND AVENUE SOUTH SANITARY SEWER KENT, WA 98032 Title: 425.251.6222 BARGHAUSEN.COM EASEMENT 1of 1 ‘ DESIGNED IDRAWN JSE (CHECKED BDG (APPROVED BDG I DATE 03/19/19 FAC17-0002 Sewer Easement Page 5 of 5