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Home My WebLink About20110309000281 TEMPORARY CONSTRUCTION EASEMENT 01/04/2011AFTER RECORDING RETURN TO City of Auburn Public Works Dept/ Engineering Div 25 West Main Auburn, WA 98001 -4998 /3- IAMN(709) I I 111111111111111111111 1111 zo}imsasmmmzei KING COUNTY, UP 70 00 A 01 OF 009 03/09/2011 11 34 Document type: Temporary Construction Easement Reference numbers of related documents: Grantor(s) 1, Levan NW Real Estate Holdings LLC Trustee: Grantee(s): 1 City of Auburn Legal descriptions: Abbreviated form. FAC1k1G NORTHWEST TET4..E I yZl � --►2 7D L 8 -10 Bk A LW Ballards 3/91, Ptn NE NE 13 -21 -04 Assessor's parcel number(s)- 132104- 9037 -04 C qG... v �pJJ < PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 25 West Main, Auburn, WA 98001 -4998 (253) 931 -3053 Fax TEMPORARY CONSTRUCTION EASEMENT Reference # (if applicable): N/A Grantor Levan NW Real Estate Holdings, LLC, a Delaware limited liability company Grantee: City of Auburn, a municipal corporation of the State of Washington Legal Description/STR. Lots 8 -10, Block A, L.W Ballard's Add. to Slaughter, Vol. 3, pg. 91 and Pm. NE NE 13 -21 -04 Assessor's Tax ParcellD #• 1321049037 -04 Property Address. 111 3rd Street NW, Auburn, Washington PROJECT NO. C207A — A Street NW Extension The Grantor, LEVAN N.W. REAL ESTATE HOLDINGS, LLC, a Delaware limited liability company, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, hereby convey(s) and grant(s) unto the CITY OF AUBURN, a municipal corporation of the State of Washington, its contractors, employees, agents, successors and assigns, (Grantee), under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, the right to enter upon that portion of land the right, privilege and temporary easement over, upon, and across the hereinafter described lands for the purpose(s) of providing a work area for adjacent roadway and utility construction related activities and for re- constructing portions of the property to match the planned improvements. Said lands being situated in King County, State of Washington, and described as follows: For legal description, see Exhibit A, attached hereto and made a part hereof. The Grantor and the Grantee, by accepting and signing this document, mutually covenant and agree as follows: 1 The Grantee shall, on completion of the work, remove all debris and restore the surface of the above described property to a condition equal to or better than that which existed on the date of this agreement. 2. Access to Grantor's property shall be maintained at all times during the Grantee's A Street NW Extension Project. Temporary Constriction Easement Tax Parcel No. 1321049037 -04 Page I of 3 The temporary rights granted herein shall commence upon Grantee's authorization to its construction contractor to proceed with construction ( "construction start date ") and continue until the completion of the project improvements. Dated this day of P6+9QQ� Af:7/ \►YC�77 LEVAN N.W. REAL ESTATE HOLDINGS, LLC, a Delaware limited liability company GRANTEE CITY OF AUBURN, a municipal corporation of the State of Washington By Dennis Selle, City Engineer Public Works Department Temporary Construction Easement Tax Parcel No. 1321049037 -04 Page 2 of 3 STATE OF COUNTY OF L g3 I certify I have know or have sahsfactory evidence that V I fVItu K, (/"n/VJ Ci$7are the person(s) who appeared before rrA and said rson(s) acknowledged that he /she /they signed this instrument on oath stated thah /she/they�w�s /were aut to ute the instrument and acknowledge as the of LEVAN N.W. REAL ESTATE HOLDINGS, LLC, a Delaware limitg4 liability company, to be the free and voluntary act of such party for the uses and purposes m ioned in the instrument. Dated lI l'�I I A Q^ ( A / \ CHIME D. CASTU Commudon i 1761070 '� Notary Pubac • Caffwnlo Los Ang"s County tryCorntt EIpMrArp 1S, 7011 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Notary Public in Residing at My appointment I certify that I know or have satisfactory evidence that DENNIS SELLE is the person who appeared before me, and said individual /s acknowledged that he /she /they signed this instrument and acknowledged it to be his /her /their free and voluntary act for the uses and purposes mentioned in this instrument. Dated of Washington Temporary Construction Easement Tax Parcel No. 1321049037 -04 Page 3 of 3 EXHIBIT "A" PAGE 1 OF 5 10' WIDE EASEMENT FOR I � UNDERGROUND ELECTRICAL ; (RECORD NO. 8210080354) ' E 16' RAILROAD EASEMENT SHOWN ON ASSESSOR MAP / ) - (NOT FROM RECORD) 1 EGFNQ KING COUNTY PARCEL NUMBER PROPOSED R/W TAKE PROPERTY UNES - - CONSTRUCTION l -- EXISTING EASEMENT - - - - - PROPOSED PERM. EASEMENT - PROPOSED TEMP CONST. EASEMENT 3RD STREET NW 0 100 SCALE IN FEET 8I ++i IrWWZ i 0) I Q EXISTING EASEMENTS SEC. 13 T21N R4E W.M. 'A' STREET NW CONSTRUCTION CENTERLINE TOTAL AREA. 230,450 SF TEMPORARY CONSTRUCTION I VAHUrL 13ZIU4001001 R/W TAKE AREA: 42,194 SF ESMT. AREA 3,986 SF REMAINDER AREA 196,255 SF A STREET NW EXTENSION PERMANENT ESMT. AREA: 2,393 SF RIGHT OF WAY APPROX LOCATION OF EASEMENT TO CITY FOR CONSTRUCTION I STORM SEWER j (RECORD N0. 4395718) --I - -42' TEIECOM�MUIICATION EASEMENT (RECORD NO. 4851981) 30' ACCESS EASEMENT I (RECORD NO 20040408001615) y . Iii. II APPROXIMATE LOCATION OF EASEMENT (RECORD N0. 4316628), '�� , y 132104.9M7 STORM DRAIN EASEMENT (NO WIDTH GNEN) I .1 1 LEVAN NW FEAL ESTATE HOLDINGS LLC I ! 1 1 i i I 10' WIDE EASEMENT FOR I � UNDERGROUND ELECTRICAL ; (RECORD NO. 8210080354) ' E 16' RAILROAD EASEMENT SHOWN ON ASSESSOR MAP / ) - (NOT FROM RECORD) 1 EGFNQ KING COUNTY PARCEL NUMBER PROPOSED R/W TAKE PROPERTY UNES - - CONSTRUCTION l -- EXISTING EASEMENT - - - - - PROPOSED PERM. EASEMENT - PROPOSED TEMP CONST. EASEMENT 3RD STREET NW 0 100 SCALE IN FEET 8I ++i IrWWZ i 0) I Q EXISTING EASEMENTS SEC. 13 T21N R4E W.M. 'A' STREET NW CONSTRUCTION CENTERLINE TOTAL AREA. 230,450 SF TEMPORARY CONSTRUCTION I VAHUrL 13ZIU4001001 R/W TAKE AREA: 42,194 SF ESMT. AREA 3,986 SF REMAINDER AREA 196,255 SF A STREET NW EXTENSION PERMANENT ESMT. AREA: 2,393 SF RIGHT OF WAY EXHIBIT "A" PAGE 2 OF 5 STA 16 +07 31. STA 16 +19 473, 16450' LT 3500 Li STA 16 +0892, 3500 Li ST A 64 7571 92 31, 1 50' LT — — STA 15 +84 27, (5500' LT TO 3500 LT) - I STA 115+3427 0 (35 00' IT TO 5500 Li) �1 TEMP CONSTRUCTION EASEMENT STA 13 +7288, 3500' Li STA 13 +72 79, 142 50' LT= STA 13 +57 80, 42 50' LT STA 13+ 88, 35 00' L7 — /STA 12 +8887 3500' LT— \ 1321049037 LEVAN NW HEAL ESTATE 1 \ HOLDINGS LLC � 11 STA 11 +6286. 3500' LT- STA 10 +7847 3500' LT- STA 10+7848. 42 50' LT- ' STA 10+6348. 42 50' LT— STA 10 +6347 3500' Li- STA 10 +1932, 3500' Li- STA 9 +91 b3. 5820' Li — 1 I� 3RD STREET T STA 9 +90 21, 6625' LT STA 9 +85 293, 65 38' LT CURVE DATA DELTA I RADIUS I LENGTH C1 10'00'00" 700 122.17' C2 9'53'24" 69500' 119.97' LEGEND KING COUNTY PARCEL NUMBER PROPOSED R/W TAKE - - — PROPERTY LINES — - CONSTRUCTION i E%ISTING EASEMENT - – – – - PROPOSED PERM EASEMENT PROPOSED TEMP CONST EASEMENT STA 16119 283. 3000 LT STA 16+0899. 3000 LT PERM WATER ESMT STA 15 +93 98, 30.00 LT STA 15 +9392. 3500 LT TEMP CONSTRUCTION ESMT STA 13 +72 93, 30.00' LT PERM WATER ESMT STA 13+5793, 3000 LT STA 12 +8887 30.00 LT I ISTA 11+61 46, Q 30.00 LT STA 10 +78 45, 30 00' Li PERM WATER STA 10 +6345, 3000' li -A STREET NW CONSTRUCTION CENTERLINE STA 10 +17.50, 3000' LT STA 9 +87033, 5554' LT 0 100 SCALE IN FEET PERMANENT RIGHT OF WAY PERMANENT WATER EASEMENT TEMPORARY CONSTRUCTION EASEMENT SEC. 13 T21N R4E W.M. TOTAL AREA 238,450 SF TEMPORARY CONSTRUC710N PARCEL 1321049037 R/W TAKE AREA 42.194 SF ESMT AREA 3,986 SF A STREET NW EXTENSION REMAINDER AREA 196,256 SF PERMANENT ESMT AREA 2.393 SF RIGHT OF WAY EXHIBIT "A" PAGE 3 OF 5 PARCEL 1321049037 TEMPORARY CONSTRUCTION EASEMENT: THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT "X" LOCATED IN SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M., CITY OF AUBURN, KING COUNTY, WASHINGTON; MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT "X" OPPOSITE ENGINEERS STATION 9 +85 29 +/— AND 65.38 FEET WESTERLY, MEASURED AT RIGHT ANGLES THEREFROM, ON THE "A" STREET NORTHWEST CONSTRUCTION CENTERLINE AS SHOWN ON THE CITY OF AUBURN "A" STREET NORTHWEST EXTENSION RIGHT OF WAY PLANS APPROVED 4/21/2010 AND RECORDED UNDER AUDITOR'S FILE NO ?010120690099RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 9 +90.21 ON SAID CENTERLINE AND 66 25 FEET WESTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE ENGINEERS STATION 9 +91.63 ON SAID CENTERLINE AND 58.20 FEET WESTERLY THEREFROM; THENCE NORTHEASTERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +19.32 ON SAID CENTERLINE AND 35.00 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +63.47 ON SAID CENTERLINE AND 35.00 FEET WESTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +63.45 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +17.50 ON SAID CENTERLINE AND 30 00 FEET WESTERLY THEREFROM; THENCE SOUTHWESTERLY TO A POINT ON THE SOUTH LINE OF SAID TRACT "X" OPPOSITE ENGINEERS STATION 9 +87.03 +/— ON SAID CENTERLINE AND 55.54 FEET WESTERLY THEREFROM; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS LINE. TOGETHER WITH ALL THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OPPOSITE ENGINEERS STATION 10 +78.47 ON SAID CENTERLINE AND 35 00 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 11 +62.86 ON SAID CENTERLINE AND 35 00 FEET WESTERLY THEREFROM, AND THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 695.00 FEET; THENCE ALONG SAID CURVE THROUGH A DELTA ANGLE OF 9 053'24" A DISTANCE OF 119.97 FEET TO A POINT OPPOSITE ENGINEERS STATION 12 +88 87 ON SAID CENTERLINE AND 35.00 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 13 +57.88 ON SAID CENTERLINE AND 35.00 FEET WESTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE ENGINEERS STATION 13 +57 93 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO A POINT OPPOSITE ENGINEERS STATION 12 +88 87 ON SAID CENTERLINE AND (CONTINUED) TOTAL AREA: 238,450 SF TEMPORARY CONSTRUCTION YAF(GtL 1JZIV4t1VJl R/W TAKE AREA: 42,194 SF ESMT. AREA: 3,9b6 SF A STREET NW EXTENSION REMAINDER AREA. 196,256 SF PERMANENT ESMT AREA 2,393 SF RIGHT OF WAY EXHIBIT "A" PAGE 4 OF 5 PARCEL 1321049037 TEMPORARY CONSTRUCTION EASEMENT (CONT ) 30 00 FEET WESTERLY THEREFROM, AND THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 700 00 FEET; THENCE ALONG SAID CURVE THROUGH A DELTA ANGLE OF 10 °00'00" A DISTANCE OF 122 17 FEET TO A POINT OPPOSITE ENGINEERS STATION 11 +61 46 ON SAID CENTERLINE AND 30 00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO A POINT OPPOSITE ENGINEERS STATION 10 +78.45 ON SAID CENTERLINE AND 30 00 FEET WESTERLY THEREFROM; THENCE WESTERLY TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS LINE; TOGETHER WITH ALL THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OPPOSITE ENGINEERS STATION 13 +72 88 ON SAID CENTERLINE AND 35 00 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 15 +34 27 ON SAID CENTERLINE AND 35 00 FEET WESTERLY THEREFROM; THENCE WESTERLY TO A POINT OPPOSITE ENGINEERS STATION 15 +34.27 ON SAID CENTERLINE AND 55 00 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 15 +84 27 FEET AND 55.00 FEET WESTERLY THEREFROM; THENCE EASTERLY TO POINT OPPOSITE ENGINEERS STATION 15 +84 27 ON SAID CENTERLINE AND 35 00 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE ENGINEERS STATION 15 +93.92 ON SAID CENTERLINE AND 35 00 WESTERLY THEREFROM; THENCE EASTERLY TO POINT OPPOSITE ENGINEERS STATION 15 +93 98 ON SAID CENTERLINE AND 30 00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO POINT OPPOSITE ENGINEERS STATION 13 +72 93 ON SAID CENTERLINE AND 30 00 FEET WESTERLY THEREFROM; THENCE WESTERLY TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS LINE; TOGETHER WITH ALL THAT PORTION OF TRACT "X" LYING WITHIN THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OPPOSITE ENGINEERS STATION 16 +08 92 ON SAID CENTERLINE AND 35 00 FEET WESTERLY THEREFROM; THENCE NORTHERLY TO A POINT ON THE NORTH LINE OF SAID TRACT "X" OPPOSITE ENGINEERS STATION 16 +19 47 +/- ON SAID CENTERLINE AND 35 00 FEET WESTERLY THEREFROM; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT OPPOSITE ENGINEERS STATION 16 +19.28 +/- ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE SOUTHERLY TO A POINT OPPOSITE ENGINEERS STATION 16 +08.99 ON SAID CENTERLINE AND 30.00 FEET WESTERLY THEREFROM; THENCE WESTERLY TO THE POINT OF BEGINNING AND THE TERMINUS OF THIS LINE CONTAINING 3,986 SQUARE FEET, MORE OR LESS. TOTAL AREA: 238.450 SF TEMPORARY CONSTRUCTION VAFiUCL 1JZ1U4HUJ/ R/W TAKE AREA: 42,194 SF ESMT. AREA: 3,986 SF REMAINDER AREA- 196,256 SF A STREET NW EXTENSION PERMANENT ESMT. AREA: 2,393 SF RIGHT OF WAY ;;i -1 EXHIBIT "A" PAGE 5 OF 5 PARCEL 1321049037 TRACT "X ": PER PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC PARCEL A OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA -04 -0001, RECORDED UNDER RECORDING NUMBER 20040408001614, IN KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: LOTS 8, 9 AND 10, BLOCK A, L.W. BALLARD'S ADDITION TO SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 91, IN KING COUNTY, WASHINGTON; i:\�IIF, THAT PORTION OF THE WEST 382.43 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EAST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, BEING DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF AUBURN SHORT PLAT 11 -78 AS RECORDED UNDER RECORDING NUMBER 7806270703; THENCE NORTH 87 002141" WEST ALONG THE NORTH LINE OF SAID LOTS 8, 9 AND 10, 382.25 FEET TO THE EAST MARGIN OF SAID RAILROAD RIGHT -OF -WAY; THENCE NORTH 00 000'47" WEST, ALONG SAID EAST MARGIN, 310.08 FEET; THENCE SOUTH 87 048'29" EAST 382.15 FEET TO THE WEST MARGIN OF 5TH STREET NORTHWEST PER THE PLAT OF NEW AUBURN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS, PAGES 8 AND 9, IN KING COUNTY, WASHINGTON; THENCE SOUTH 00 000'35" WEST, ALONG SAID WEST MARGIN AND THE WEST LINE OF LOTS 1 AND 2 OF SAID AUBURN SHORT PLAT 11 -78, 315.17 FEET TO THE POINT OF BEGINNING. TOTAL AREA: 238,450 SF TEMPORARY CONSTRUCTION PARCEL 1321049037 R/W TAKE AREA: 42,194 SF ESMT AREA: 3,986 SF REMAINDER AREA: 196,256 SF A STREET NW EXTENSION PERMANENT ESMT AREA: 2,393 SF RIGHT OF WAY