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Home My WebLink About20240328000733, Traffic Signal Easement, Davis Medical, LLC Instrument Number:20240328000733 Document:EAS Rec: $308.50 Page-1 of 6 Excise Docs:3275368 Selling Price:$0.00 Tax Amount:$10.00 Record Date:3/28/2024 2:45 PM Electronically Recorded King County,WA Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. TRAFFIC SIGNAL EASEMENT Reference#(if applicable): N/A Grantor: Davis Medical,LLC Grantee: City of Auburn Legal Description/STR: SW 1/4 NW 1/4 S18,T21N,R5S Assessor's Tax Parcel ID#: 049200-0482 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,Davis Medical,LLC,a Washington limited liability company 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 a traffic signal junction boxes and vaults,one traffic signal cabinet,one traffic signal pole, one power service cabinet,concrete foundation for cabinets, and associated conduits on concrete surface (collectively, the "Appurtenances"), to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington.The Easement Area being a portion of the above-designated King County Tax Parcel(049200- 0482),and described as follows: SEE EXHIBITS"A"AND"B",ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantee shall have the 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 Appurtenances without incurring any legal obligation or liability therefore;provided,however,that said entry onto Easement Area shall not include any access upon or disruption with Grantor's unfettered use of the balance of King County Tax Parcel No. 049200-0482 ("the Parent Parcel") nor King County Tax Parcel No. 049200-0480 ("Grantor's Adjacent parcel").Grantee and its employees,contractors and agents shall have absolutely no right to park any vehicles or store any materials of any kind on the Parent Parcel or Grantor's Adjacent Parcel. Grantor makes no representations or warranties of any kind regarding the existence of any utilities or other improvements within, upon or under the Easement Area, and makes no representation or warranties of any kind regarding the suitability for or ability to construct and/or operate the Appurtenances thereto in,on,under or about the Easement Area. 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 Return.Address City of Auburn City Clerk. . 25 West Main Auburn,WA 98001 : .. Above this line reserved for recording information. • TRAFFIC SIGNAL.EASEMENT Reference#(if applicable):. N/A Grantor: Davis Medical,LLC Grantee: City of Auburn Legal Description/STR: .SW'A NW'%4 S18,T21N,R5S Assessor's Tax Parcel.ID#: . 049200-0482. 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,Davis Medical,LLC,a Washington limited liability company 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 underground..traffic signal junction boxes and vaults, one traffic signal cabinet, one traffic signal pole,onepower service cabinet,concrete foundation for cabinets,and associated conduits on concrete surface (collectivel)i, the "Appurtenances"), the Easement Area being a portion of the above-designated King County Tax Parcel No. 049200-0.482,and described as follows: SEE EXHIBITS "A,""B,"AND."C"ATTACH ED HERETO AND BY:THIS REFERENCE MADE.A PART HEREOF: . . Grantee shall have the right, at times as may be necessary, for immediate entry upon said Easement Area for thepurpose of maintenance, inspection,construction, repair or reconstruction of the Appurtenances without incurring any legal obligation or liability therefore;provided,however that said entry onto the.Easement Areashall not include any access upon or disruption with Grantor's unfettered useof the balance of King County Tax Parcel No. 049200-0482 (the"Parent Parcel")nor King County Tax Parcel No.049200-0480("Grantor's.Adjacent Parcel"). .Grantee and its employees, contractors andagents shall have absolutely no right to park any vehicles or store any materials ofany kind on the Parent Parcel or Grantor's Adjacent Parcel: : Grantor makes no representations or warranties of any kind regarding theexistence of any • utilities or other improvements within,uponor under the.Easement Area,and makes no representation or warranties of any kind regarding the suitability for or ability to construct .and/or operate the Appurtenances thereto in,on,under or about the Easement Area: . Grantor shall not in any way block, restrict or impede access and egress to or from the Easement Area, and/or in anyway block,restrict orimpede full use of the real property;within the Easement Area by the Grantee for the above:described purposes;provided,however that Grantor shall : have the absolute right to plant and install ground cover andlandscaping consistent with the balance of thelandscaped areas of the Parent Parcel and Grantor's Adjacent Parcel.No building,wall,rockery, fence,trees,or permanent structure of any:kind shall be erected within the Easement Area without the express written consent of the Grantee. No excavation shall be made within three(3)feet of the Appurtenances and the surface level of the ground within the Easement Area shall.be maintained at the elevation as."currently existing. Following Grantee's construction, replacement and/or maintenance of the Appurtenances within the . Easement Area,Grantee shall timely restore the ground to a condition similar to that which existed prior to said work. All construction and other work to be performed by Grantee or its agents, contractors or subcontractors within the Easement Area shall beperformed at Grantee's sole cost and expense,and shall be performed.(i) diligently to completion in a safe, careful and workmanlike manner; (ii) in accordance with all applicable:laws, codes, regulations; and ordinances and consistent with the terms and conditions of all perniits'and approvals applicable thereto, (iii).within applicable noise and work hour ordinances,and(iv)free of all claims or liens. Prior to commencing any work,Grantee shall locate so as to avoid damaging all underground utilities,vaults and otherimprovements beneath the Easement Area. Grantee shall defend, indemnify and hold Grantor and its members, managers, officers, employees, invitees, contractors, agents arid tenants harmless from personal injury, death, property damage,reasonable attorneys'fees and costs,and any and all other damages or losses-of any kind arising out of Grantee's aCts or omissions in the use of the Easement Area, Parent Parcel and/or Grantor's Adjacent Parcel, including without limitation Grantee's construction, installation, use, maintenance, inspection,repair and reconstruction of the Appurtenances: In the case of any damage or disruption of the Parent Parcel or Grantor's Adjacent Parcel,the Grantee shall return:the property(ies)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. If any mechanics'lien is filed against.the Easement Area,Parent Parcel or Grantor's Adjacent Parcel as a result of any contractor,subcontractor or other person performing work on:behalf of Grantee,Grantee shall promptly take all action necessary to cause the release of such lien(which removal may include . bonding around such)within fifteen(15)days of thedate:upon which it is imposed on the Easement. " " Area,Parent Parcel or Grantor's Adjacent:Parcel. 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. In the event either party brings a legalaction against the-other party to enforce its rights hereunder,the substantially prevailing party shall be entitled to receive reimbursement from the other party of such prevailing party's attorney's fees, costs and expenses incurred in such legal action (including the costs of appeal). The failure of,anyparty to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of.anyrights or remedies which that party may have hereunder or at law or equity,and shall not be deemed a waiver of any"subsequent breach or default in any of such terms,covenants or conditions. IN WITNESS WHEREOF,said limited liability company has caused this instrument to executed by its proper officer(s)this4"lay:of va 2(X.,La2 Davis Medical,LLC JQ-I� r-e7 E 17 vs =min' t SIGNED 01/26/2024 11:30 AM PST Its: -Manager GRANTEE : .. CITY OF AUBURN, a municipal corporation of the State of. Washington By: Jac b Sw ng,City gineer Public Works Dep ent STATE OF:WASHINGTON. .. ) )'s s COUNTY OF KING On this .. day of January ,before me personally appeared: nuary.2024 Jeffrey E.Davis to me known to be the Manager of Davis Medical,LLC.,a Washington Limited Liability Company that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company,for the uses and purposes therein mentioned, and onoath stated that(he/she/they)(is/are)authorized to execute said instrument. Notary-Public,State of Washington Lisa C Rowe 3 SIGNED. 01/26/2024 11:50AM PST LISA C.ROWS N0.204192 Lisa C.Rowe MY.COMMISSION EXPIRES Notary Public in and for the State of Washington OCTOBER 12,2026 Residing at_Kent Online Notary Public. Notarization:facilitated.by . . . SIGNiX® Easement Page 4 of 6 ENG-078,Revised 4/18. EXHIBIT BIT A • EASEMENT LEGAL DESCRIPTION (TPN 049200-0482) THAT PORTION OF LOT 1,BLOCK A, MAP.OF L.W:BALLARD'S PARK ADDITION TO SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS,PAGE 91;IN KING COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTHEAST CORNER OF SAID LOT 1 ALSO BEING THE WESTERLY RIGHT OF WAY MARGIN OF AUBURN AVENUE NORTHEAST; THENCE ALONG SAID WESTERLY MARGIN SOUTH 19°57'10"WEST A DISTANCE OF 110.21 FEET; THENCE DEPARTING SAID WESTERLY MARGIN NORTH 70°02'50"WEST A DISTANCE OF 1.46 FEET TO THE POINT.OF BEGINNING; THENCE SOUTH 20°17'47"WEST A DISTANCE OF 3.43 FEET TO TANGENT CURVE CONCAVE NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 195.52 FEET;THE RADIAL CENTER OF•WHICH BEARS NORTH 69°00'46'WEST,THROUGH A CENTRAL ANGLE.OF 4°52'59!AN ARC DISTANCE OF 16.67 FEET; THENCE SOUTH 30°34'57"WEST A DISTANCE OF 5.41.FEET; THENCE SOUTH 40°19'36"WEST A DISTANCE OF 3.82 FEET TO.THE SOUTH LINE.OF THE SOUTH56.74 FEET OF THE NORTH 122:84 FEET OF SAID LOT 1;., THENCE ALONG SAID SOUTH LINE NORTH 89°18'45"WEST A DISTANCE OF.5.50 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 20°19'12"EAST A.DISTANCE or 1130 FEET; THENCE SOUTH 69°41'11"EAST A.DISTANCE OF 5.75 FEET;. THENCE NORTH 20°09'55"EAST:A DISTANCE OF 19.12 FEET; THENCE SOUTH 69°50"05" EAST A DISTANCE OF 2:68 FEET TO THE POINT OF BEGINNING .. SAID EASEMENT CONTAINING AN AREA OF 179 SQUARE FEET;MORE OR.LESS THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS NORTH 00°36'45"EAST BEING THE MONUIVIENTED CENTERLINE OF B STREET NORTHEAST AS DETERMINED FROM.THE MONUMENT AT THE INTERSECTION OF 3RD STREET. NORTHEAST(COA MON 709-032)TO THE CENTERLINE ANGLE POINT MONUMENT(COA'709-033). : LENS . . o,: �`- � 52833 9;�� *AL LMAN) 03/30/2023 Page 5of6 / —• • — .. POINT OF.COMMENCEMENT. I . NE.COR NER, LOT1, BLOCK A. . . . . �LApDppb -. 9 � 4ER . „ ° oG0�d . ppD�vpC° 99QL°: 9 • — .. :ao4 9 :: : •3. Jcv :'l .H o �Z: i • • • TN049200=045 ••; Q ��1 �52 833' r: _1sTES -' ' '. J� CO• . / 03/30/2023. 9' 2 68' S 6 50.'05" E . Q". 6K N:20'09'5.5" E 19.12': X04' �. • I •- . POINT• OF. EGINNING TPN 049200-0482 .70INT .a BALLARD�BURN . . S 69'41'11"; E: 5.75.'. 7-i ' / pp r UDogroOO N TO• p N :20'1 9'12" .E 1170'. : • / N•70'02'50" W: .1:46'. / ��ppCC4 9 p "° . '1747" / Mod.. s .. . . S 20 . . W' 3.43' ' EASEMENT . _ — 179 SQ: FT: : L=16.67'. /iR=195:52' SCALE: 1"=30 :FEET'. ' ( ,N=4'52'59" ® =mom• - . N .89718'45" .W 5.50'.- S .30'34'57" W. 5:41 . 4TH STREET NE min . O. - 15 30 ' 60 . . . . . S 40'19'36". W 3.82': • * EXHIBIT B ' �;,1' CITY 'OF AUBURN �.�_'_4 y -4 • PUBLIC WORKS DEPARTMENT • EASEMENT DEPICTION . WASHINGTON •: : 25.WEST MAIN-AUBURN,WA TPN 049200-0482 IN SW.114 OF THE NW 114.OF:S18,.T21N;R5E,W.M.• H:1PWIPROJICP1CP2110'-Regional Growth Center Access110.00 ROW Acquisilion110.2D AcqulsitionlTCE Page;6_of.6