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Home My WebLink About20240823000909, Temporary EasementInstrument Number: 20240823000909 Document:EAS Rec: S310.50 Page-1 of 8 Record Date:8/23/2024 4:26 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY APRIL BRANHAM, DEPUTY After recording return document to: City of Auburn Public Works Department 25 West Main Street Auburn, Washington 98001 CTI NCS 241631-SC Document Title: Temporary Easement Reference Number of Related Document: N/A Grantor(s): Auburn Way TNC LLC Grantee(s): City of Auburn Legal Descriptions: PTNS SE1/4, SW1/4 STR 21-21-05 Additional Legal(s): Exhibit A, B, and C Assessor's Tax Parcel Number: 212105-9113-00 TEMPORARY EASEMENT Auburn Way S. (SR 164) Hemlock to Poplar The Grantor(s), Auburn Way TNC 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 (8) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9113-00 Instrument Number: 20240823000909 Document:EAS Rec: S310.50 Page-2 of 8 Record Date:8/23/2024 4:26 PM King County, WA TEMPORARY EASEMENT 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. Dated: I'C ►�Q%i� �� , 20 GRANTOR: Auburn Way TNC LLC, a Washington limited liability Its: By: Karl Neiders, President Accepted and Approved CITY OF AUBURN R By: " { O Jacob S ejating 01 City of Auburn, City Engineer Date: , 20 LPA-325 Page 2 of (8) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9113-00 Instrument Number: 20240823000909 Document:EAS Rec: S310.50 Page-3 of 8 Record Date:8/23/2024 4:26 PM King County, WA TEMPORARY EASEMENT STATE OF WASHINGTON ) ) ss. r COUNTY OF ) On this )D .,a day of ,W," before me personally appeared Karl Neiders to me known to be the President of the Auburn Way TNC, LLC, 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 he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. 41,wa AJI)ODA Notary Public in and for the State of Washington, TERESA R R Notary public residingat State of Washington Commission # 60121 My Appointment Expires ll1 My Comm, Expires Apr 6, 2027 LPA-325 Page 3 of (8) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9113-00 Instrument Number: 20240823000909 Document:EAS Rec: 5310.50 Page-4 of 8 Record Date:8/23/2024 4:26 PM King County, WA EXHIBIT A PARCEL LEGAL DESCRIPTION THE WEST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE WEST HALF OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE WEST 10 FEET OF SAID SUBDIVISION; EXCEPT THE NORTH 30 FEET THEREOF FOR AUBURN WAY SOUTH (ALSO KNOWN AS P.S.H. NUMBER 5 AND AUBURN-ENUMCLAW ROAD), AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 934964; AND EXCEPT THE WEST 15 FEET THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 6160982; TOGETHER WITH THAT PORTION OF VACATED RIGHT-OF-WAY PURSUANT TO CITY OF AUBURN ORDINANCE NUMBER 5770 AND RECORDED AS RECORDING NUMBER 20040102002178, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 300 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE WEST LINE OF THE EAST 10.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID WEST LINE NORTH 00`37'14" EAST, 299.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00*36,52" EAST, 56.28 FEET; THENCE SOUTH 02`26'05" EAST, 64.85 FEET; THENCE SOUTH 25°44'04" EAST, 23.24 FEET; THENCE SOUTH 09'17'13" EAST, 19.45 FEET; THENCE SOUTH 03*11-38" EAST, 80.12 FEET; THENCE NORTH 87"01'35" EAST, 11.36 FEET TO THE EAST LINE OF THE WEST 25.00 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EAST LINE NORTH 00`37-14" EAST, 282.49 FEET TO THE SOUTH MARGIN OF AUBURN WAY SOUTH; THENCE ALONG SAID SOUTH MARGIN NORTH 89-43-46" WEST, 35.00 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST 10.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; LPA-325 Page 4 of (8) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9113-00 Instrument Number: 20240823000909 Document:EAS Rec: 5310.50 Page-5 of 8 Record Date:8/23/2024 4:26 PM King County, WA THENCE ALONG SAID WEST LINE SOUTH 00`37'14" WEST, 42.02 FEET TO THE TRUE POINT OF BEGINNING. LPA-325 Page 5 of (8) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9113-00 Instrument Number: 20240823000909 Document:EAS Rec: S310.50 Page-6 of 8 Record Date:8/23/2024 4:26 PM King County, WA EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE WEST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE WEST HALF OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE WEST 10 FEET OF SAID SUBDIVISION; EXCEPT THE NORTH 30 FEET THEREOF FOR AUBURN WAY SOUTH (ALSO KNOWN AS P.S.H. NUMBER 5 AND AUBURN-ENUMCLAW ROAD), AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 934964; AND EXCEPT THE WEST 15 FEET THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 6160982; TOGETHER WITH THAT PORTION OF VACATED RIGHT-OF-WAY PURSUANT TO CITY OF AUBURN ORDINANCE NUMBER 5770 AND RECORDED AS RECORDING NUMBER 20040102002178, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 300 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE WEST LINE OF THE EAST 10.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID WEST LINE NORTH 00`37'14" EAST, 299.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00`36,52" EAST, 56.28 FEET; THENCE SOUTH 02°26'05" EAST, 64.85 FEET; THENCE SOUTH 25°44'04" EAST, 23.24 FEET; THENCE SOUTH 09°17'13" EAST, 19.45 FEET, THENCE SOUTH 03"11'38" EAST, 80.12 FEET; THENCE NORTH 87"01'35" EAST, 11.36 FEET TO THE EAST LINE OF THE WEST 25.00 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EAST LINE NORTH 00"37'14" EAST, 282.49 FEET TO THE SOUTH MARGIN OF AUBURN WAY SOUTH; THENCE ALONG SAID SOUTH MARGIN NORTH 89°43'46" WEST, 35.00 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST 10.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; LPA-325 Page 6 of (8) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9113-00 Instrument Number: 20240823000909 Document:EAS Rec: S310.50 Page-7 of 8 Record Date:8/23/2024 4:26 PM King County, WA THENCE ALONG SAID WEST LINE SOUTH 00'37-14" WEST, 42.02 FEET TO THE TRUE POINT OF BEGINNING. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY, SAID POINT ALSO BEING ON THE SOUTH MARGIN OF AUBURN WAY SOUTH (PRIMARY STATE HIGHWAY NUMBER 5); THENCE ALONG THE WEST LINE OF THE ABOVE DESCRIBED PROPERTY, SOUTH 01°18'49" WEST 4.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, SOUTH 01-18'49" WEST 33.98 FEET TO A LINE PARALLEL WITH AND 38.00 FEET SOUTH OF THE SOUTH MARGIN OF AUBURN WAY SOUTH; THENCE ALONG SAID PARALLEL LINE SOUTH 89°02'42" EAST 32.55 FEET; THENCE NORTH 00"57'18" EAST 25.00 FEET TO A LINE PARALLEL WITH AND 13.00 FEET SOUTH OF THE SOUTH MARGIN OF AUBURN WAY SOUTH; THENCE ALONG SAID PARALLEL LINE SOUTH 89°02'42" EAST 59.05 FEET TO THE EAST LINE OF THE ABOVE DESCRIBED PROPERTY; THENCE ALONG SAID EAST LINE, NORTH 01°16'12" EAST 4.77 FEET; THENCE DEPARTING SAID EAST LINE NORTH 87°39'26" WEST 69.44 FEET, THENCE NORTH 00"57'18" EAST 2.00 FEET, THENCE NORTH 87°39'40" WEST 22.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 1,393 SQUARE FEET, MORE OR LESS .5CO41, TT W'l �p O 4,20123154 Ga{,`pf►1STEg�A�¢ SAL LAl� LPA-325 Page 7 of (8) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9113-00 Instrument Number: 20240823000909 Document:EAS Rec: S310.50 Page-8 of 8 Record Date:8/23/2024 4:26 PM King County, WA EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT A PORTION OF THE SE 1/4 OF SW 1/4, SEC. 21, T. 21 N, R. 05 E, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON P.O.C. S01'18'49"W 4.02'- P.O.B. — S01'18'49'W S8T02'42"E ; i LEGEND P.O.C. P.O.B. AUBURN WAY SOUTH (PRIMARY STATE HIGHWAY NO. 5) N8T39'40'W 22.00' N00'57'18"E 2.00' ;,_ N8T39'37"W 69.44' 6'12"E 4.77' ..:.:.. S89'02'42"E 59.05' o ':::� N00'57'18'E ` 25.00' J i 29 TAX PARCEL NUMBER 2121059113 AUBURN WAY TNC LLC 3605 AUBURN WAY S TEMPORARY CONSTRUCTION EASEMENT AREA=1,393 SQ FT RIGHT OF WAY A PARCEL LINE 0 N 4o POINT OF COMMENCEMENT 1 INCH = 40 FT. POINT OF BEGINNING PARCEL NUMBER _-.-_.-___ Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES 1019 39TH AVENUE SE, SUITE 100 1 PUYALLUP, WA 98374 P 253.604.6600 WWW.PARAMETRIX.COM PROJECT NUMBER 214-1931-044 LPA-325 Page 8 of (8) Pages Rev. 1/2023 SCOTT ti ►C 0 , Bp 23154� 3, 7STEg l�h'AL L[►T� S" FA No. Parcel No.: 212105-9113-00