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Home My WebLink About202406210396, Access Easement - KGCAL Sumner Meadows, LLCReturn Addres Requested By City of Auburn City Clerk 25 'West Main Auburn, WA 98001 Excise Tax Exempt Pierce County, WA 06/21/2024 2:01 PM Electronically Submitted ACLARKI Above this line reserved for recor..ding information, ACCESS EASEMENT Reference # (if applicable): N/A u 202406210396 Electronically Recorded Pierce County, WA ACLARK1 06/21 /2024 Pages: 6 Grantor: KGCAL SUMNER MEADOWS, LLC Grantee: City of Auburn Legal Description/STR: 1-20-4 Assessor's Tax Parcel IN: 0420014082 and 0420014083 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, KGCal Sumner Meadows, LLC A Delaware limited liability company hereby conveys and warrants to the City of Auburn (a State of Washington municipal corporation), and to its agents, employees, contractors, successors, and assigns (Grantee), a perpetual Nonexclusive Access Easement under, over, through and across the following described real property ("Easement Area") for the purpose of ingress and egress to the City's facilities and appurtenances thereto. The Easement Area is a portion of the above -designated Pierce County Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantee shall have the absolute right, at times as may be necessary and without notice to Grantor, for immediate entry upon said Easement Area for the purpose of ingress and egress to the Grantee's Facilities without incurring any legal obligation or fee. Grantee shall have the absolute right to place, without notice, any type of driving surface within the Easement Area deemed necessary by the Grantee ,prior to the constructed permanent access. Grantor shall not in any way block, restrict or impede Grantee's access and egress to or from the Easement Area, and/or in any way block, restrict or impede full use of the Basement Nce it1YaZl Page l of 6 ENG-078, Revised 4/18 2:01 PM Fee: $308.50 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. ACCESS EASEMENT Reference # (if applicable): N/A Grantor: KGCAL SUMNER MEADOWS, LLC Grantee Legal Description/STR: Assessor's Tax Parcel ID#: City of Auburn 1-20-4 0420014082 and 0420014083 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, KGCal Sumner Meadows, LLC A Delaware limited liability company hereby conveys and warrants to the City of Auburn (a State of Washington municipal corporation), and to its agents, employees, contractors, successors, and assigns (Grantee), a perpetual Nonexclusive Access Easement under, over, through and across the following described real property ("Easement Area") for the purpose of ingress and egress to the City's facilities and appurtenances thereto. The Easement Area is a portion of the above -designated Pierce County Tax Parcel ("Parent Parcel"), and described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantee shall have the absolute right, at times as may be necessary and without notice to Grantor, for immediate entry upon said Easement Area for the purpose of ingress and egress to the Grantee's Facilities without incurring any legal obligation or fee. Grantee shall have the absolute right to place, without notice, any type of driving surface within the Easement Area deemed necessary by the Grantee prior to the constructed permanent access. Grantor shall not in any way block, restrict or impede Grantee's access and egress to or from the Easement Area, and/or in any way block, restrict or impede full use of the Easement Page 1 of 6 �► ENG-078, Revised 4/18 Easement Area for the above -described purposes. Grantor shall not erect or plant any building, wall, rockery, fence, trees or structure of any kind, nor place any fill material within the boundaries of the Easement Area that blocks Grantees access, without the express written consent of the Grantee, which consent shall not be unreasonably withheld. With Grantee's permission, Grantor may fence across said Easement Area and/or along the boundaries of the Easement Area, provided that a gate is constructed in the fence. The gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the Easement Area. If the gate is to be locked, keys shall be provided to the Grantee. Grantee shall, throughout the term of the Permanent Access Easement, indemnify, defend and hold the Grantor harmless from and against all claims, liabilities and expenses (including attorney's fees, expert witness fees and costs) arising out of or relating in any way to its use of the Easement Area; provided however that Grantee shall not be liable for special, punitive, exemplary, consequential, indirect or incidental damages or any loss, cost, damage or expense arising from the negligence or intentional misconduct of Grantor or its contractors, employees or agents. Grantor shall, throughout the term of the Permanent Access Easement, indemnify, defend and hold the Grantee harmless from and against all claims, liabilities and expenses (including attorney's fees, expert witness fees and costs) arising out of or relating in any way to its negligence or intentional misconduct of Grantor or its contractors, employees, or agents, however Grantor shall not be liable for special, punitive, exemplary, consequential, indirect or incidental damages or any loss, cost, damage or expense arising from the negligence or intentional misconduct of Grantee or its contractors, employees or agents. Grantor grants, reserves and conveys to the Grantee the right of access, ingress and egress, in the Easement Area over and across all paved, graveled, or otherwise improved driveways or parking lots within the Easement Area . In addition to the other restrictions herein, Grantor shall not convey or grant to a third party any easement, license, or other right of usage in the Parent Parcel that would impair or limit the Grantee's use of the Easement Area. Grantee and Grantor shall amend the legal description that defines the scope of this easement upon Grantor completing an "as built" survey of the constructed permanent access. The amended legal description will be the legal boundaries of the access as identified by the survey and as approved by Grantee. This Easement shall be a covenant running with the Parent Parcel and shall burden it and bind the successors, heirs and assigns of all parties hereto. Easement Page 2 of 6 ENG-078, Revised 4/18 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this 1� day of -,TU (-Ne-- .2024. GRANTOR KGCAL SUMNER MEADOWS, LLC, a Delaware limited liability company By: KG SUMNER LLC, a Washington limited liability company, its Manager Steven D. Kramer Manager (Print Name and Title) LLC Notarv: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suvu\ kraw&f - and is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrumatil and on oath stated that he/she/they was/were authorized to execute the * s_trument as the VICL6tr and of K� c A L ,�tivv v,,r' KeMd,US, LLC,, a limited liability company, and acknowledged it to be that party's free and voluntary act for the uses and purposes mentioned in the instrument. Dated -Tuac, 13, 0aa s`%., s 04� Notary Public i and for the State of Washington ry d''•• ....CV�•� Residing athohoi�l`�1� of Was1i�'�' do � �gF�ptres��u��.�``� My appointment expires -1 I 10 (a ba�. -t Easement Page 3 of 6 ENG-078, Revised 4/18 GRANTEE CITY OF AUBURN, a municipal corporation of the State of Washington By: Jacob weeting, ity Engindr City of Auburn Date Signed: ellozaz'/ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jacob Sweeting_is the person who appeared before me, and said person acknowledged that she signed this instrument and on oath stated that she was authorized to execute the instrument as the City Engineer of the City of Auburn, municipal corporation, and acknowledged it to be that party's free and voluntary act for the uses and purposes mentioned in the instrument. Dated (Q / 121 Z L( �y a°�q��r �012?42 J.18. �..- Easement Page 4 of 6 ENG-078, Revised 4/18 Notary Public in and for the State of Washington Residing at K %f\ My appointment e#pires 3 /IS t2 ES EXHIBIT A ACCESS EASEMENT LEGAL DESCRIPTION THAT PORTION OF PARCELS AAND B, CITY OF SUMNER BOUNDARY LINE ADJUSTMENT No. LLA-2024-0001, RECORDED UNDER AUDITOR'S FILE No. 202406115004, RECORDS OF PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL B; THENCE SOUTH 88°26'26" EAST, ALONG THE NORTH LINE THEREOF, FOR 727.40 FEET; THENCE SOUTH 01°33'34" WEST, 60.00 FEET; THENCE NORTH 88°26'26" WEST, 770.00 FEET; THENCE NORTH 01°33'34" EAST, 60.00 FEET TO THE NORTH LINE OF SAID PARCELA; THENCE SOUTH 88°26'26" EAST, ALONG SAID NORTH LINE, FOR 42.60 FEET TO THE POINT OF BEGINNING. CONTAINING 46,200 SQUARE FEET, MORE OF LESS. oNwDsy Fc� �0 21032294 Tess/o�A L LAND SJ�, 6/11 /2024 16408-KGCal Sumner Meadows, LLC 16408L.013.DOC — RDL JUNE 11, 2024 Easement Page 5 of 6 ENG-078, Revised 4/18 r � EXHIBIT B AR j ROAD SE (8TH STREET E) STEW P.O.B. S88'26'26"E 42.60' (NW CORNER S01'33'34"W 60.00' II PARCEL B) 1 S88'26'26"E 727.40' r EXIST. ELEC POLE -MN01• 33 34n E 60.00 R N88'26'26W 77.00' --- �11I1IIIII1IIIlill119 ACCESS EASEMENT AREA (l 1 1 1 fl fl I I I I f w co ±46,200 S.F. _j N PARCELA —4-4-+�� PARCEL B � _N � + --� - Co�Y p NE PD�D1 �M N --- BpuNDPRLU �A 202A.01500� Q AWN 202—� - T— I - — N _ — — — x W 00 Q-�y WAsy FF 0 0 O 1 O y 0 T 1 � 21032294 � o RFGISTERE� QJ 0 s/CAA L LANO �J i SCALE V-200' a 6/11 /2024 SCALE. For: JOB NUMBER HORIZONTAL 1 "=200' VERTICAL N/A KGCaI Sumner 16408 L?jBarghausen Meadows, LLC 16408L.013 Consulting Engineers, Inc. 18215 72nd Avenue South Title: SHEET Kent, W 98032 CITY OF AUBURN 425.251.6222 barghausen.com ACCESS EASEMENT 1 of 1 IDRAWN RDL ICHECKED RDL JAPPROVED RDL JDATE 6/11/2024 Ir Easement Page 6 of 6 ENG-078, Revised 4/18