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HomeMy WebLinkAbout20240823000907, Temporary EasementInstrument Number: 20240823000907 Document:EAS Rec: S309.50 Page-1 of 7 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: PTN SEC 21 - T21N - R05E Additional Legal(s): Exhibit A, B, and C Assessor's Tag Parcel Number: 212105-9109-06 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 (7) Pages Rev. 1/2023 FA No. Parcel No.: 212105-9109-06 Instrument Number: 20240823000907 Document:EAS Rec: S309.50 Page-2 of 7 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: kV�N \ �� , 20 lA GRANTOR: Auburn Way TNC LLC, a Washington limited liability Its: By: Karl Neiders, President Accepted and Approved CITY OF AUBURN By: Jacob Swee6g City of Auburn, City Engineer Date: 7/,Z2 20 Zy LPA-325 Page 2 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9109-06 Instrument Number: 20240823000907 Document:EAS Rec: S309.50 Page-3 of 7 Record Date:8/23/2024 4:26 PM King County, WA TEMPORARY EASEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF P) On this l uaday of 'r-j 1 2024 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. QIAIM dCO1A TERESA RODOCKER Notary Public in and for the State of Washington, Notary public residing at State of Washington Commission # 60121 My Comm. Expires Apr 6, 2027 My Appointment Expires I')' if Q7 LPA-325 Page 3 of (7) Pages Rev. 1/2023 FA No. Parcel No.: 212105-9109-06 ___I" I W it„ I Instrument Number: 20240823000907 Document:EAS Rec: S309.50 Page-4 of 7 Record Date:8/23/2024 4:26 PM King County, WA EXHIBIT A PARCEL LEGAL DESCRIPTION THE EAST 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 THEREOPFOR 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; AND ALSO EXCEPT FROM SAID EAST HALF OF THAT PORTION, IF ANY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89°33'45" EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION 168.09 FEET TO THE TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE NORTH 0°33'33" WEST 305.28 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SUBDIVISION AND THE TERMINUS OF THIS DESCRIBED LINE. LPA-325 Page 4 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9109-06 Instrument Number: 20240823000907 Document:EAS Rec: 5309.50 Page-5 of 7 Record Date:8/23/2024 4:26 PM King County, WA EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE EAST 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; AND ALSO EXCEPT FROM SAID EAST HALF OF THAT PORTION, IF ANY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89°33'45" EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION 168.09 FEET TO THE TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE NORTH 0'33'33" WEST 305.28 FEETTO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SUBDIVISION AND THE TERMINUS OF THIS DESCRIBED LINE. 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°16'12" WEST 8.23 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, SOUTH 87°39'47" EAST 11.21 FEETTO A LINE PARALLEL WITH AND 8.50 FEET SOUTH OF SAID SOUTH MARGIN; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°02'42" EAST 70.21 FEETTO THE EAST LINE OF THE ABOVE DESCRIBED PROPERTY; THENCE ALONG SAID EAST LINE, SOUTH 01°14'59" WEST 12.00 FEETTO A LINE PARALLEL WITH AND 20.50 FEET SOUTH OF SAID SOUTH MARGIN; LPA-325 Page 5 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9109-06 _. ,..,I _, IF: to I „ 7. .-m0"....:-__ I-. ,. , Instrument Number: 20240823000907 Document:EAS Rec: S309.50 Page-6 of 7 Record Date:8/23/2024 4:26 PM King County, WA THENCE ALONG SAID PARALLEL LINE, NORTH 89°02'42" WEST 10.85 FEET; THENCE NORTH 01°00'17" EAST 7.50 FEET TO A LINE PARALLEL WITH AND 13.00 FEET SOUTH OF SAID SOUTH MARGIN; THENCE ALONG SAID PARALLEL LINE, NORTH 89°02'42 WEST 70.54 FEET TO THE WEST LINE OF THE ABOVE DESCRIBED PROPERTY; THENCE ALONG SAID WEST, LINE NORTH 01°16'12" EAST 4.77 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT AREA CONTAINS 449 SQUARE FEET, MORE OR LESS S C 0 �+o 0 b?0123154� SS' aAs Is L LAB 07/21 /2023 LPA-325 Page 6 of (7) Pages FA No. Rev. 1/2023 Parcel No.: 212105-9109-06 Instrument Number: 20240823000907 Document:EAS Rec: S309.50 Page-7 of 7 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. S01'16'12"W 8.23'— P.O.B. — N01'16'12"E 4,77' AUBURN WAY SOUTH (PRIMARY STATE HIGHWAY NO. 5) 0 3739'47"E 11.21' S89'02'42"E 70.21' N89'02'42'W 70.54' N01'00'17'Eiz-11'0 7.50' 30 TAX PARCEL NUMBER 2121059109 AUBURN WAY TNC LLC 3607 AUBURN WAY S 4'59'W 12.00' 42'W 10.85' LEGEND A TEMPORARY CONSTRUCTION EASEMENT AREA=449 SQ Fr RIGHT OF WAY ------------ PARCEL LINE 0 N 40 P.O.C. POINT OF COMMENCEMENT 1 INCH = 40 FT. P.O.B. POINT OF BEGINNING it PARCEL NUMBER 07/21 /2023 5C07, Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES 1019 39TH AVENUE SE, SUITE 100 1 PUYALLUP, WA 98374p P 253.604.6600�p A; 0123154 ISTE��..4 WWW.PARAMETRIX.COM �L PROJECT NUMBER 214-1931-044 LE LPA-325 Page 7 of (7) Pages Rev. 1/2023 FA No. Parcel No.: 212105-9109-06 ,- lw