HomeMy WebLinkAbout20100219001442 Warranty Deed 02182010
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20100219001442
" CHICAGO TITLE WD 72.00 ~
PAGE-001 OF 011 i
02/19/2010 16:04
KING COUNTY, WA
E2429547
Retucp Addi+ese: 02/ 19l2010 15 : 54
CityOfAubwa KTAX COUNTY, wA $10.00
City Qelk SALE $0 . 00 PAGE-001 OF 001
25 wesc Mam -
Au6urn, WA 98001
, Above this line reserved for e+eeotd'mg mftmation.
WARRAN'I'Y DEED
ReScreace # (if applicabie): N/A f
C;rantorlso:rower safeway 1ac. `
GreatedAssipx4leneficisry: City of Auburn
Legal Descripdon/STR: Portion of Sec. 25,1~vp. 21 N. Rge. 4 E. WM
Assessor's Tax Paei ID#: 2521049096 (pation)
Beaefited Pancxl-2521049114
For aad in consideration of die sum of TEN DOLLARS lO.OQ) aad other good
and vatuable consideration, receipt of which is hereby acknowledged, Grantar,
SAFEWAY INC., a Delaware corporation, hereby c;onveys and warrants to the G7TY
OF AUBiTRN, Gramtee herein, a municipal corporation of the State of Washingtoa, its
successors and assigns, the property legally descnbed aad depicted in Exhbit "A,"
Iattached hereto aad inooiporated herein by this refereace (the "Acqeured ProPerty-'),
reserving an access easement as set forth beIow.
Grantor ;shall reserve a non-exclusive easemeat (the "F.aseaient"l for Graator's
use aad vse by its heus, assigns, successors, agents, emPloyees, mvitees and liemsees,
for the beaefit of the Safeway Property, as described herein, over a portion of the
Acquired Property, which Easement is legally descn'bed aad depicted in Exhibit "B,"
attached herefo aaa incorporated herein by this reference (the "Easemeat Area') under
the following terms.
a The Easement Area sha11 be for Grautor's "emergency use," for ingms
and egress to the property legally described aad depicted ia Ex2ubit "C," attaGhed hereto
and inoorporatad herein by this reference (the "Safeway Property"), so long as Crantor's
use does nat restrict or curtail Crrantee's use of the Easement Area, or interfere with
Crrantor's use of the Safeway Property.
b. For the purposes hereo~ "emergency,use" by Grantor meaes a temporary
use by Graator of the Easement Area aecessitated by either (i) a blockage of an other
access routes available to C3raator to enter or exit Gaaator's facilities on tfie Safeway .
Praperty, wheTe the blockage is caused by a public works Pro,ject, an outside utility
City of Aubum/Safeway Agreetnent
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'ect,.or an uaforeseen accideat or event in the public right,of-way or (ri) a business
n~eces~ity. of Cnautor's, Provided that Grantor sballfirst i~equest Graatee's permission far
emergency use as a business necessity, which C3rantee shatl .not imreasonably withhold,
delay or condition. Crrantor's right to use the Easement Area shatl cease as soon as the
blockage of any other access routes is removed, or cleared or the business necessity no
longer exists.
c. Gaaator, may further use the Easement Area for regular non-emergeacy
access to the .SafewaY ProPcrtY iA and only K Graator makes, at its sole crosf and
expense, aaY necessary Physical improvements and pays saY hansportatiori improve,meat
costs oi fees in accordance .with applicabie law at the time Grantor chooses to make.
regular non-emergency,:use of the Easement Area for access. Such regular noa-
emergeacy use and unprovements shall not re.sbricx or curtail Graatee's use of the
Easement Area.
d`... Graatee agcees at such mne as - it madifies tlze existiag fence on the _
Acquired Property, it will construct a fence, along. the Southerly boundary of the
- AcqWred ProPdrtY, tyii5 it into the existiag feaces exteading to the South onto the
SafevvaY ProPertY. $aid feance to be oonsuvcted of compahble materials to the existing
fences : and to include a manual, chain link gate at a:location to be agreed upon, sized to
- allow 2-way tiuck traf6a All fence work shatl lie done in a manner that will maintain
Safeway's security at all times.
. e.: The Easement and its `terms shall oonstitute a covenaat running with the
Safeway Pnogerty aad burden the A«iuired PropertY, and shall be binding on die
successots, hens and assi0s of 'the parties hereto, for the benefit of the Safeway
_ Property, as specified herein.
• . For and in consideratiori hereof, TFE PARTIES HERE'I'O FLJRTfiBR AGREE as
- :fbllows: City of Auburn/Safeway Agreement
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IN WI'INESS WHEREOF, the parties have caused this instrmmeat to be executed by its
proper off cer(s) this day of .2010.
Grantor: Grantee:
Safeway Inc. The CYty of Aabarn I
By: By' i
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Its: Assistant Vice-Presideat Its: ~
Date Signed•
B.
Its Assistanf Secretary:
Date Signed• 2- - I"'S -o Ol 0 ,
STATE OF
ps. ~
Couaty of )
I cmtify that I kaow or have natli evidence thaf is the '
pason who appeamd before me, a on acknowledged that hdshe signed this instroment, on
oathstated tliei.heJshe was to ar . the iaswmcnt and aclmowledgod it as the ~
Safeway Inc., a n, bo be the free aad voluntary act of snch perty
for the uses and mentioned ffi this mstiumea Dated
Notary PubIic ia and fvr the StaLe of
STATE OF WASHINGTON ) rcsidiag at
)ss• MY appommiedt expirea Connty of Kmg ) -
I certify that I lmow or have satisfactory evideace that is the '
person who app~ned befane me, and said'-petson aclmawledg+ed tbat he/she sigted diis insmmmu, on
oath stated that heJshe was anthorized to acecute the iastrumeat and ackaowledged it as the .
of the City of
Aubuia, a Wasbingbon muaieipal cmpocation, to be the fi-ee and vahtatary ad of snch pariy for the
ages and purposes men6oaed in this iastrument
Dated
Notary Public in and for the Stste of
residing at
MY aPPQiatmeni expires
City of Auburn/Safeway Agreement
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' EXHIBIT A - DEED ~ IN WITNESS WHEREOF, the parties have caused this inshvment to be executed by its
groper officer(s) this day of i--c b. , 2010.
~ Grantor. Grantee: ~
! Safeway Inc. The
~ By: BY ,
Its: Assistant Vice-President Its: MAY OR _
' Date Signed: ' By. i
' Its Assistant Secretary
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; Date'Signed:
I
, sTATE oF ~
~ couaty of
i I I certi that I know or have sahsfacW evidence that is the '
Pets PPeared Pason lmowledged that heJshe '
I I instrument and acknowledgedgned this instivment, on
it as the l
oath tated that heJshe was authonzed to ~te the si
of Safeway Inc., a corporation, to be the &ee and voluntary act of snch party
I , for the uses and puiposes mentioned in this iastrument. !
~
i j Dated ;
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Notary Pubtic in sud for the State of
~ STATE OF WASHINGTON. ) residing at
~ )ss. My appointment expires i ,
~ County of King ) I
I I certify that I imow or have satisfacfory evidence that `e71e! 8~~ S is the person who appeared before me, and said person ackaowledpd that heJshe signed tlris insWment, on
~ oath stated that he/s e was anthorized to execute the instiument and aclmowlodged it as the
i, ~ M 19- ~'!l of the City of
I Auburn, a Washington municipal corporarion, to be the free and voluatary act of such patty for the j
uses and puiposes mentioned in this insttumeaL Dated
i x'.',1111~~"•
~
~lotary Public ia and for the State of ,
at i/Yl [.c_. Gu
j G~ L t G = = MY BPPoiatment expires /0- L S- Ze
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i City of Auburn/Saf evq
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EXHIBTT "A"
THAT PORTION OF THE NORTHEAST QUARTER OF SEG"I'ION 253,
TOWNSHIP 21 NORTH, RANGE 4 EAST; WII.I.ANIETTE
MERIDIAN, KING. COUNTY, WA3HINGTON, MORE.
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 430 FEET OF LC)T 1 OF THE C1TY OF AUBURN LOT
LINE ADNSTMENT NO. LLA02-0015, AS RECORDED UNDER
' RECORDING NO. 20020725001632, RECORDS OF SAID COiJNTY,
AS MEASURED PERPENDICULAR TO THE MOST NORTHERLY
LINE OF SAII? LOT 1, SAID MOST NORTHERLY LINE BEARING
SOUTH 89° 12' 14" EAST, A DISTANCE OF 57.79 FEE'T. ,
SAID PROPERTY BEING A PORTION OF KING COUNTY. '
ASSESSOR'S TAX PARCEL NO. 2521049096. ;
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City of AuburnlSafeway Agreement -
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S 89'12'14' E
57.79' ;
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N 41'06'42' W
8Z.34'
1.2 Acre Safeway Parcel .
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L-630.W rn R-503.11•
G=5936'03' , 5 69'12'14• E
236.92' ~ y ,
0' 209' 400' .
. . . . l~a20W . . co .
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. ~ ~~PO p 6~2 0 '
-715
2oo
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v~N o~o`N , 05 p,~y~ R~C
GOVN
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THIS EXHIBIT MAP IS BASED ON CITY OF AUBURN •
LOT UNE AD.A/STMENT LU402-0015 REDORDW UNDER
K1NG COt1NTY RECORQING NUMBER 20020725001632 -
. AND DOES NOT REPRESENT A BOUNDARY SURVEIG `
. Exhfbit for 1.2 Acre Safeway Parcel
EXHBR MAP TO ACCOMPANY LEOAL DE$CRIPTION
arr oF aueuar~ Pueuc waKKs
25 WEST NAIN S7REET F9bnY8fY 11. 2008
AU131RN. WA 98001
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EXHIBIT "B" ~
LEGAL DESCRIPTION OF THE EMERGENCY ACCESS ROAD
, THAT PORTION OF LOT 1 OF CITY OF AUBURN LOT LINE .
ADJUSTMENT NUMBER LLA02-0015, RECORDED UNDER
. RECORDING NUMBER 20020725001632, RECORDS 4F KING
COUNTY, WASHINGTON, SAID PORTION BEING DESCRIBED AS
FOLLOWS:
CONAENCING AT THE MOST NORTHEItLY NORTHEAST
CORNER OF SAID LOT 1;
THENCE SOUTH 11017'51" EAST ALONG THE EAST LINE OF ,
SAID LOT 1 A DISTANCE OF 376.73 FEET TO THE TRLTE POINT OF
BEGINNING; _
.
THENCE COTf'TINUIIVG SOUTH I1017' 51" EAST ALONG SAID
EAST LINE OF SAID LOT 1 A DISTANCE OF 63.03 FEET TO A LINE '
PARALLEL WTTH AND 430.00 FEET SOUTH OF THE NORTH LINE '
OF SAID LOT 1; THENCE,NORTH 89°12'14" WEST ALONG SAID PARALLEL LINE
A DISTANCE OF 236.92 FEET T4 THE WESTERL,Y IDGE OF SAID
LOT 1 AND BEGINNING OF A N4N TANGENT CURVE TO THE
LEFT HAVIlNG A RADIUS OF 603.11 FEET ('TfiE RADNS CENTER
OF SAID CURVE BEARS NORTH 57°25'35" WESTj;
THENCE NORTHEASTERLY ALONG SAID WESTERLY EDGE OF
SAID LOT 1 AND ALONG SAID CURVE THItOUGH A CENTRAL - ANGLE OF 8°51'16" AN ARC LENGTH OF 93.20 FEET; - THENCE LEAVIlNG SAID WESTERLY EDGE SOUTH 78°3749„ Y :
EAST A DISTANCE OF 82.17 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A RADNS OF 395.00
FEET;
- THENCE EASTERLY ALONC3 SAID CURVE THROUGH A .
CENTRAL ANGLE OF 12032'2T' AN ARC LENGTH OF 86,46 FEET;
THENCE NORTH 88049'44" EAST A DISTANCE OF 14.13 FEET TO
THE EAST LINE OF SAID LOT 1 AND TEE TRUE POINT OF
BEGIIfNING.
THE ACCESS ROAD CONTAINS 14,406 SQUARE FEET (0.331
ACRES), MORE OR LESS.
City of AubumlSafeway Agreement
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(THE BASIS OF BEARINCS FOR THIS DESCRIPTION IS CiTY OF
AUBURN I.OT LINE ADNSTMENT LL02-0015 RECORDED UNDER
KIATG' COUNTY RECORDING NUMBER 20020725001632.)
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City of Aubtan/Safeway Agreement. -
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THE MOST NORTHERLY NORTHEAST CORNER
OF LOT 1 QF LLA02-0015
~ S 89'12'14' E
57.79
N 01'08'42 W
92.34'
N
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I 0' 100, 200'
rf +
A
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t•-too' ~
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N 88'49'44• E
14.13'
CURVE DATA
R-395.00'
&-12~2'27'1
8217"
! \ ~ ~A~93.~20 ' , 4 _
+
~ ~ Erner+p Road Acoeae n TOTAL CURVE N 88'12 14 w ~s.sz ~ ` L-s3o.as'
; . Qm59,56~j03_
~
V~NE 2~ . .
~ Pvp
ONGSp~P , Z R. ~ - ~ ~ d~,~g• 9~p~~
THIS EXHIBlT MAP IS BASED ON piY OF AUBl1RN
LOT UNE AOJUSTMENT LLA02=0015 RECORDED UNDER ' ~HAL LA
K(NG COUNTY RECORDING NUMBER 20020725001632
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AND DCES NOT REPRESENT A.-BOU-NQ-ARY.SURVEY.
~A-TYOF . Exh~it foP Er~ergency_ Road Acc:eas
EXh~l1' MAP ~'O ACCOMPANY LEC3AL DE~TION
aueu~ a~ireuc waRcs PART OF EXH~T 8 25 wES'r Mauy s7tEE7' .
Oe~oberlZ. Mm
AUBURN. WA 98001 '
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EXHIBTT "C"
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BENEFITED PROPERTY
LOT 1 OF GTfY OF AUBURN LOT LINE ADNSTMENT NUMBER
LLA02-0015, RECORDED UNDER. RECORDING NUMBER
20020725001632, RECORDS OF KING COUNTY,'WASHNGTON,
EXCEPT THE NORTH .434 FEET OF LOT 1 OF SAID CTTY OF
_ . :
AUBURN LOT LINE ADJUSTMEIVT NUMBER LLA02-0015, AS ,
RECORDED UNDER RECORDING NUMBER 20020725001632, ;
RECORDS OF SAID COUNTY, AS MEASURED PBRPENDICULAR_
TO THE MOST NORTHERLY LiNE OF SAID I:OT 1, SAID MOST -
NORTHERLY LINE BEARING SOUTH 890 12' 14" EAST, A
DISTANCE OF 57.79 FEET.
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City of Auburn/Safeway Agreement '
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ACKNOWL,EDGMENT
STATE OF CALIEORNIA )
) ss.
County of Alameda )
On February 18, 2010, before me, Delia Nicolas Miller, Notary Public, personally
appeared Ann C. Elliott and Dana. Waller to be the persons subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the inshument the persons, or the entity upon
behalf of which tlie persons actezl, executed the instrzment.
I certify: under PENALTY OF PERJLTRY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official sea1.
- DELIA NICOLAS MILLER
Commfssion # 1867264
Notary Public - Cal ~Ornia ~
Signature Alameda Coun ~
Comm. Ex ires Nov 1, 2013