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Home My WebLink About20240306000478, Temporary EasementInstrument Number: 20240306000478 Document:EAS Rec: S309.50 Page-1 of 7 Record Date:3/6/2024 1:48 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY LISA OHLEN, DEPUTY After recording return document to: City of Auburn Public Works Department 25 West Main Street Auburn, Washington 98001 CHICAGO TITLE NCS: 240219-SC Document Title: Temporary Easement Reference Number of Related Document: N/A Grantor(s): Trimark-Forest Park Village LLC and Trimark VII, LLC Grantee(s): City of Auburn Legal Description: Lot(s): Parcel F Subdivision: LLA 9102210877 APN/Parcel ID(s): 212105-9047 Additional Legal(s): Exhibit A, B, and C Assessor's Tax Parcel Number: 212105-9047-01 TEMPORARY EASEMENT Auburn Way S. (SR 164) Hemlock to Poplar The Grantor(s), Trimark-Forest Park Village LLC, a Washington limited liability company, as to an undivided 70% and in Trimark VII, LLC, a Washington limited liability company, as to an undivided 30% interest, as tenants in common, 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 a portion of 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 Temporary Easement Area is legally described on Exhibit B and depicted on Exhibit C. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the Temporary Easement Area, and Grantee does hereby agree LPA-325 Page 1 of (7) Pages FA No. Rev. 1/2023 Parcel No: 212105-9047-01 Instrument Number: 20240306000478 Document:EAS Rec: S309.50 Page-2 of 7 Record Date:3/6/2024 1:48 PM King County, WA TEMPORARY EASEMENT to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to the Temporary Easement Area or injury to persons or property resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns under this Temporary Easement. Further agreed that the Grantor shall not in any way block, restrict or impede Grantee's access and egress to or from the Temporary Easement Area, and/or in any way block, restrict or impede Grantee's full use of the real property within the Temporary Easement Area for the above - described purposes. In the event private improvements in the Temporary Easement Area are disturbed or damaged by Grantee's use of the Temporary Easement Area, on or before the end of the Term, they shall be restored or replaced by Grantee in as good a condition as they were immediately before Grantee entered the Temporary Easement Area. During the Term, Grantee may on an interim basis, restore the Temporary Easement Area to a reasonably safe and convenient condition. Grantee shall bear and promptly pay without the imposition of any lien or charge on or against all or any portion of the Temporary Easement Area all costs and expenses of its use of the Temporary Easement. 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". Upon the expiration of the Term of the Temporary Easement, all of the rights and benefits of Grantee in, to and under this Temporary Easement with respect to the Temporary Easement Area shall automatically terminate and be of no further force and effect. It is further 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. 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. LPA-325 Page 2 of (7) Pages FA No. Rev. 1/2023 Parcel No: 212105-9047-01 Instrument Number: 20240306000478 Document:EAS Rec: 5309.50 Page-3 of 7 Record Date:3/6/2024 1:48 PM King County, WA TEMPORARY EASEMENT Dated: �Q,tit_ l 2, , 20 GRANTOR: Trimark-Forest Park Village LLC By: Trimark Property p, LLC, its Managing Member By: Al Jiwani, naging Member Trimark VII, L C Al Jiwani, Manager Accepted and Approved CITY OF AUBURN By: �� /1111 Jacob eetin City of Auburn, City Engineer Date: f -/ , 20 7 LPA-325 Page 3 of (7) Pages FA No. Rev. 1/2023 Parcel No: 212105-9047-01 Instrument Number: 20240306000478 Document:EAS Rec: S309.50 Page-4 of 7 Record Date:3/6/2024 1:48 PM King County, WA TEMPORARY EASEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF / ) On this day of , —/ -;L , 204, before me personally appeared Al Jiwani, to me known to be the Managing Member of Trimark Property . Group, LLC, the Managing Member of Trimark-Forest Park Village LLC, the 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 on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal the da ear last written. 4; �jA D 1111 ��1 r g,3A aOPI�A�V Not P icAland for the State f Washington, residing at %8o41 02 My Appointment Expires /2-20 —Z.� /fill OF WASH STATE Opt WASGTON ss County of kin ) On this ___/ 9 "day of CJ6,m UGit t/ 2a before me personally appeared Al Jiwani, to me known to be the Manager of the Trimark VII, LLC, the 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 on oath stated that he is authorized to execute said instrument. GIVEN under m d and official seal the an r last ove written. �\�."4 �� A DA 111111 Not in nd for the St to of Washington, a 0residing at sU) V" r ag��y1 �0 My Appointment Expires /Z— ?,p —L -4— OF LPA-325 ll �i11N\\\\��`� Page 4 of (7) Pages FA No. Rev. 1/2023 Parcel No: 212105-9047-01 Instrument Number: 20240306000478 Document:EAS Rec: S309.50 Page-5 of 7 Record Date:3/6/2024 1:48 PM King County, WA EXHIBIT A PARCEL LEGAL DESCRIPTION PARCEL F OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-0037-90, RECORDED UNDER RECORDING NUMBER 9102210877, RECORDS OF KING COUNTY, WASHINGTON. LPA-325 Page 5 of (7) Pages FA No. Rev. 1/2023 Parcel No: 212105-9047-01 Instrument Number: 20240306000478 Document:EAS Rec: S309.50 Page-6 of 7 Record Date:3/6/2024 1:48 PM King County, WA EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THE NORTH 15.00 FEET OF THE SOUTH 27.50 FEET OF PARCEL F OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-0037-90, RECORDED UNDER RECORDING NUMBER 9102210877, RECORDS OF KING COUNTY, WASHINGTON. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 750 SQUARE FEET, MORE OR LESS 08/07/2023 SC0TT t o w 0123154�" �cD 1ST4 S I�NAL LAB LPA-325 Page 6 of (7) Pages FA No. Rev. 1/2023 Parcel No: 212105-9047-01 Instrument Number: 20240306000478 Document:EAS Rec: S309.50 Page-7 of 7 Record Date:3/6/2024 1:48 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. 06 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON Cti TAX PARCEL NUMBER 2121059047 TRIMM-FOREST PARK VILLAGE 3320 AUBURN WAY S N01*27'02'E 15.00'—,,, —SO1'27'02'W 15.00' POINT OF BEGINNING —NO1*27'02*E 12.50' — POINT OF COMMENCEMENT 50.00' AUBURN WAY SOUTH (PRIMARY STATE HIGHWAY NO. 5) LEGEND A 0 N 40 I INCH= 40 FT. TEMPORARY CONSTRUCTION EASEMENT AREA=750 SQ FT RIM OF WAY PARCEL LINE PARCEL NUMBER 08/07/2023 Parametrix ENGINEERING . PLANNING. ENVIRONMENTAL SCIENCES FM 1019 39TH AVENUE SE, SUITE 100 1 PUYALLUP, WA 98374 Qgi P 253.604.6600 WWW.PARAMETRIX.COM L L AB PROJECT NUMBER 214-1931-M LPA-325 Rev. 1/2023 Page 7 of (7) Pages FA No. Parcel No: 212105-9047-01