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Home My WebLink About20240312000590, Temporary EasementInstrument Number: 20240312000590 Document:EAS Rec: S309.50 Page-1 of 7 Record Date:3/12/2024 1:58 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, DEPUTY After recording return document to: City of Auburn Public Works Department 25 West Main Street Auburn, Washington 98001 Document Title: Temporary Easement Reference Number of Related Document: N/A Grantor(s): Thai and Audrey Nguyen, LLC Grantee(s): City of Auburn Legal Description: SW %4 S21— T21N -R5E Additional Legal(s): Exhibit A, B, and C Assessor's Tax Parcel Number: 212105-9068 TEMPORARY EASEMENT Auburn Way S. (SR 164) Hemlock to Poplar The Grantor(s), Thai and Audrey Nguyen, LLC, a Washington limited liability company, for and in consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of Auburn, a municipal corporation of the State of Washington, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, the right, privilege and easement over, upon, and across the hereinafter described lands for the purpose 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 in Exhibit A, B, and depicted in C, attached hereto, and made a part hereof. The term of this Temporary Easement shall commence on the date of acceptance of this Temporary Easement by Grantee and shall terminate on December 31, 2025, hereinafter the "Term". LPA-325 Page 1 of (7) Pages FA No. Rev. 1/2023 Parcel No,: 212105-9068 Instrument Number: 20240312000590 Document:EAS Rec: S309.50 Page-2 of 7 Record Date:3/12/2024 1:58 PM King County, WA It is ftirther agreed that this Temporary Easement may be extended by up to One (1) year at the Grantee's option. The rate associated with this extension shall be at the same rate as the original Temporary Easement, or at the newly established rate determined by an updated Administrative Offer Summary or Appraisal - whichever method was used to established original rate; whichever is higher. Grantee shall notify Grantor in writing, and render payment, prior to exercising this option. Provided however, that Grantee's use and occupancy of the easement area is limited to: Twelve (12) consecutive months during the Term. Grantee shall provide Grantor written notice no less than Ten (10) business days in advance of Grantee's intent to exercise its rights under this Temporary Easement. Grantee shall not use the Temporary Easement for parking or storage of equipment and Grantee's use of the Temporary Easement shall not preclude Grantor's ingress or egress to Grantor's property. Following completion of the work, Grantee shall restore the Temporary Easement area to a condition comparable to its original condition when the work commenced. Grantee agrees that any damage done to Grantor's property, including the Temporary Easement area, as a result of the use of the Temporary Easement by Grantee, will upon termination of the Easement, be promptly repaired by Grantee's contractor. If Grantee fails to complete that work, Grantor may complete the work through a licensed and bonded contractor, at Grantee's expense. Grantee agrees to pay within thirty (30) days of notice, any lien(s) arising directly or indirectly from acts or omissions of Grantee and/or its servants, agents, employees, licensees and contractors in the exercise of the rights granted under this Temporary Easement. It is understood and agreed that delivery of this Temporary Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Auburn unless and until accepted and approved hereon in writing for the City of Auburn, by its authorized agent. a Dated:— LPA-325 Page 2 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9068 Instrument Number: 20240312000590 Document:EAS Rec: S309.50 Page-3 of 7 Record Date:3/12/2024 1:58 PM King County, WA GRANTOR: By: Thai and Audrey Nguyen, LLCM Its: kf 4 :; ,e .W' Thai Nguyen J-kje�zz— Audrey Nguyen Accepted and Approved By: z x . Jacob Swee„Ing City of Auburn, City Engineer f Dater , 20,ZZ LPA-325 Page 3 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 21.2105-9068 Instrument Number: 20240312000590 Document:EAS Rec: 5309.50 Page-4 of 7 Record Date:3/12/2024 1:58 PM King County, WA STATE OF WASHINGTON ) ss. COUNTY OF �' ) On this a day of before me personally appeared Thai and Andre Nguyen to me known to be the Managers of the Thai and Audrey Nguyen, 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 corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. a)r r' Notary Public in and for the State of Washington, residing at ' k'l .z My Appointment Expires — J'-� '" LPA-325 Page 4 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9068 Instrument Number: 20240312000590 Document:EAS Rec: S309.50 Page-5 of 7 Record Date:3/12/2024 1:58 PM King County, WA EXHIBIT A PARCEL LEGAL DESCRIPTION THE NORTH 225 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD. AND EXCEPT THE PORTION DEDICATED TO THE CITY OF AUBURN UNDER KING COUNTY RECORDING NUMBER 20090923000635. SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. LPA-325 Page 5 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9068 Instrument Number: 20240312000590 Document:EAS Rec: S309.50 Page-6 of 7 Record Date:3/12/2024 1:58 PM King County, WA EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE NORTH 225 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD. AND EXCEPT THE PORTION DEDICATED TO THE CITY OF AUBURN UNDER KING COUNTY RECORDING NUMBER 20090923000635. SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE -DESCRIBED PROPERTY, SAID POINT ALSO BEING THE SOUTH MARGIN OF AUBURN WAY SOUTH (PRIMARY STATE HIGHWAY NUMBER 5); THENCE ALONG SAID SOUTH MARGIN, SOUTH 89°02'42" EAST 162.86 FEET TO EAST LINE OF THE ABOVE - DESCRIBED PROPERTY; THENCE ALONG SAID EAST LINE, SOUTH 01027'02" WEST 15.00 TO A LINE PARALLEL WITH AND 15.00 FEET SOUTH OF SAID SOUTH MARGIN; THENCE ALONG SAID PARALLEL LINE, NORTH 89°02'42" WEST 89.74 FEET; THENCE NORTH 00057'18" EAST 10.00 FEET TO A LINE PARALLEL WITH AND 5.00 FEET SOUTH OF SAID SOUTH MARGIN; THENCE ALONG SAID PARALLEL LINE, NORTH 89°02'42" WEST 73.04 FEET TO THE WEST LINE OF THE ABOVE -DESCRIBED PROPERTY; THENCE ALONG SAID WEST LINE, NORTH 01°29'26" EAST 5.00 FEETTO THE POINT OF BEGINNING, SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 1,712 SQUARE FEET, MORE OR LESS 07/25/2023 $COTT *A� � rl :t a 12$18 AL LA'S LPA-325 Page 6 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9068 Instrument Number: 20240312000590 Document:EAS Rec: S309.50 Page-7 of 7 Record Date:3/12/2024 1:58 PM King County, WA EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT A PORTION OF THE SW 1/4 OF SW 114, SEC. 21, T. 21 N, R. 05 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON AUBURN WAY SOUTH (PRIMARY STATE HIGHWAY NO. 5) POINT OF BEGINNING N01'29'26"E 5.00'4 1 N89'0242"W 73.04' N00'57'18"E 10.00' S89'02'42"E 162.86' N89'02'42"W 89.74' i 24 TAX PARCEL NUMBER 2121059068 NGUYEN AUDREY & THAI 3415 AUBURN WAY S LEGEND TEMPORARY CONSTRUCTION EASEMENT AREA=1,712 SQ FT --- RIGHT OF WAY - - — - - - -- - - PARCEL LINE ## PARCEL NUMBER 15.00' A 0 N 40 1 INCH = 40 FT. 07/25/2023 SCO��, Pc'11"c"11"lrtetrix �� og WAs�f ENGINEERING PLANNING. ENVIRONMENTAL SCIENCES 41:) 0+� WA 1019 39TH AVENUE SE, SUITE 100 1 PUYALLUP, WA 98374 7 0 P 253.604.6600 ,t> g0123164 WWW.PARAMETRIX.COM sf°NaLST PROJECT NUMBER 214-•1931-044 LPA-325 Page 7 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9068