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HomeMy WebLinkAbout20260130000565, Water Easement FAC25-0013, Auburn Land LLCInstrument Number: 20260130000565 Document:EAS Rec: S310.50 Page-1 of 8 Record Date:1/30/2026 1:59 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY WILLIAM TIER-NAN, DEPUTY Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WATER EASEMENT FAC25-0013 Reference # (if applicable): N/A Grantor: Auburn Land LLC Grantee: City of Auburn Legal Description/STR: Ptn. NE1/4 of S24 T21N R4E Assessor's Tax Parcel ID#: 242104-9004 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, Auburn Land LLC hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of the State of Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property ("Easement Area") for the purpose of laying, maintaining, and installing 2,823 LF of water main and appurtenances thereto, the Easement Area being a portion of the above -designated King 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 right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Grantor acknowledges and accepts that Grantee's exercising of this right may, at times, disrupt business activities, including rail operations, in the Easement Area. Grantee shall make reasonable efforts to minimize these disruptions. Easement Page 1 of 8 ENG-078, Revised 4/18 Instrument Number: 20260130000565 Document:EAS Rec: S310.50 Page-2 of 8 Record Date:1/30/2026 1:59 PM King County, WA In the case of any damage or disruption of the Grantor's improvements, the Grantee shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the Grantee or its agents. Grantee shall have the absolute right to place any type of driving surface within the Easement Area deemed necessary by the Grantee. Grantor shall not block, restrict or impede access and egress to or from the Easement Area, and/or block, restrict or impede full use of the Easement Area by the Grantee for the above -described purposes. No building, wall, rockery, fence, trees or structure shall be erected or planted, nor shall any fill material be placed within the boundaries of the Easement Area, without the express written consent or approval of the Grantee. With Grantee 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. No excavation shall be made within three (3) feet of the water service facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. This paragraph does not prohibit grading outside the Easement Area. Notwithstanding the foregoing, construction, maintenance, repair, replacement and alteration of rail lines as shown on Exhibit B and associated improvements and infrastructure is allowed. Grantor grants to the Grantee the right of ingress and egress to the Easement Area over and across the part of the Parent Parcel located between the public right of way of"C" Street and the Easement Area. In exercising this right, the Grantee shall exercise reasonable efforts to minimize disruption of business activity, including rail operations. In the case of any damage or disruption of the improvements on the Parent Parcel, the Grantee shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the Grantee or its agents. Grantor additionally grants to the Grantee, the use of such additional area immediately adjacent to the Easement Area as shall be required for the construction, reconstruction maintenance and operation of said water facilities. In exercising this right, the Grantee shall exercise reasonable efforts to minimize disruption of business activity, including rail operations. The use of such additional area shall be held to a reasonable minimum and in the case of any damage or disruption of the Grantor's improvements on the Parent Parcel, the Grantee shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was performed by the Grantee or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the Parent Parcel that would materially and substantially impair the Grantee's use of the Easement Area; provided that this restriction does not apply to any easements and leases existing as of the date of this Easement. Grantee releases, indemnifies and holds Grantor harmless from and against any and all liability Ins.-, expense, actinnc an (Anims, including, Costs, and reasonable Easement Page 2 of 8 ENG-078, Revised 4/18 Instrument Number: 20260130000565 Document:EAS Rec: S310.50 Page-3 of 8 Record Date:1/30/2026 1:59 PM King County, WA attorney's fees incurred by Grantor in defense thereof, resulting or arising from the exercise of the rights granted herein; provided, however, this paragraph does not indemnify Grantor against liability for damages caused by or resulting from the negligence of Grantor or Grantor's agents or employees. Notices required under this Easement shall be provided by hand delivery or email message to the following: If to Grantor: 1111 Santa Monica Boulevard, Suite 800 Los Angeles, CA 90025 Attn: Coby Holley Email: cholley@irgra.com If to Grantee: City of Auburn Public Works Department 25 W Main St Auburn, WA 98001 This Easement shall be a covenant running with the Parent Parcel shall burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 3 of 8 ENG-078, Revised 4/18 Instrument Number: 20260130000565 Document:EAS Rec: 5310.50 Page-4 of 8 Record Date:1/30/2026 1:59 PM King County, WA IN WITNESS WHEREOF, said limited liability company has caused this instrument to be executed by its proper officer(s) this day of .2025. Dated: AUBURN LAND, LLC, a Delaware limited liability companv By:�I, G_ Wpe Fund Manager, LLC, a Delaware � ited liab' tty o n s Ma anger y: Name: Richard Klein Title: Chief Financi61 Officer ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On r"" _ , 2025, before me, L,; l , Notary Public (insert name and title of the officer) personally appeared r ez , who proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS in hand and official seal. LISA�� l:,x"; No tarLos Puc c / s A:'i Ange es ,..Mµ. �+',r.�E .;v, Cammfsstar Signature �p (Seal) "v Comm. Expl'ei'. DATED and SIGNE this 1,') day of ) r L c a .2025. Easement Page 4 of 8 ENG-078, Revised 4/ , LISA 6E,,, SUMME"' EuD Notary Public - California s = Los Angeles County Commission N 2.443622 � My Comm. Exorres Apr 23. 2027 Instrument Number: 20260130000565 Document:EAS Rec: S310.50 Page-5 of 8 Record Date:1/30/2026 1:59 PM King County, WA CITY OF AUBURN By Asst. Dir�gtor of I ineerinR// City Engineer STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that JACOB S WEETING is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CITY ENGINEER of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated )av\.9,71"h, 2-02-6 e�®�®�®Y L . �► ®a�i11 t�ld 25025792 Easement Page 5 of 8 ENG-078, Revised 4/18 Notary Publi in nd for the State of Washington Residing at ►rlG C ejcj A My appointment expires 9 20 Z,q Instrument Number: 20260130000565 Document:EAS Rec: S310.50 Page-6 of 8 Record Date:1/30/2026 1:59 PM King County, WA EXHIBIT A WATERLINE EASEMENT DESCRIPTION STRIPS OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, AND BEING PORTIONS OF LOT 1, AUBURN SHORT PLAT SPL25-0006 AS RECORDED IN AFN 20251007900018, KING COUNTY RECORDS, SAID STRIPS BEING 15 FEET IN WIDTH, WITH 7.5 FEET LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID SHORT PLAT, SAID CORNER BEING COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF C STREET SW; THENCE SOUTH 88°49'14" WEST, ON THE SOUTH BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 22.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°09'43" EAST 254.65 FEETTO A POINT HEREINAFTER KNOWN AS POINT "A" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01°09'43" EAST 599.97 FEETTO A POINT HEREINAFTER KNOWN AS POINT "B" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01°09'43" EAST 458.95 FEET, THENCE SOUTH 01°15'33" EAST 1.66 FEET TO A POINT HEREINAFTER KNOWN AS POINT "C" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01015'33" EAST 598.49 FEET, THENCE SOUTH 01008'48" EAST 1.64 FEET TO A POINT HEREINAFTER KNOWN AS POINT "D" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01°08'48" EAST 239.29 FEET TO A POINT HEREINAFTER KNOWN AS POINT "E" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01°08'48" EAST 13.41 FEET, THENCE SOUTH 01005'24" EAST 273.28 FEETTO THE SOUTHERLY BOUNDARY OF SAID LOT 1 AND THE SOUTHERLY TERMINUS OF THIS DESCRIBED CENTERLINE, ALSO, BEGINNING AT POINT "A" DESCRIBED ABOVE, THENCE NORTH 89°36'19" EAST 18.20 FEETTO THE TERMINUS OF THIS DESCRIBED CENTERLINE, ALSO, BEGINNING AT POINT "B" DESCRIBED ABOVE, THENCE NORTH 89036'19" EAST 21.14 FEET TO THE WEST RIGHT-OF-WAY LINE OF C STREET SW, AND THE TERMINUS OF THIS DESCRIBED CENTERLINE, ALSO, BEGINNING AT POINT "C" DESCRIBED ABOVE, THENCE NORTH 89°59'16" EAST 22.89 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE, Instrument Number: 20260130000565 Document:EAS Rec: S310.50 Page-7 of 8 Record Date:1/30/2026 1:59 PM King County, WA ALSO, BEGINNING AT POINT "D" DESCRIBED ABOVE, THENCE NORTH 88-23,58" EAST 21.55 FEETTO THE TERMINUS OF THIS DESCRIBED CENTERLINE. ALSO, BEGINNING AT POINT "E" DESCRIBED ABOVE, THENCE SOUTH 88°49'14" WEST 22.53 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE, THIS PORTION OF EASEMENT BEING 36 FEET WIDE, 18.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED ABOVE, THE TOTAL AREA OF THE EASEMENT DESCRIBED ABOVE IS 37,968 SQUARE FEET, MORE OR LESS. S,MOA(\ �A,5, 428*18 L LAVO 1 /21 /2026 Instrument Number: 20260130000565 Document:EAS Rec: S310.50 Page-8 of 8 Record Date:1/30/2026 1:59 PM King County, WA t NOTE: ALL EASEMENTS ARE 15-FEET WIDE UNLESS NOTED OTHERWISE. 1 /21 /2026 �... ........... ............ �s. MO,y�,o .vas � . R 42678 0 SSA F�ISTER� ANAL LAX4 a EXHIBIT "B" %p12 POB POC AV'a0 p006 6vvz5zr J S88'49'14"W 1p07gp001$ `22,49' 202 S01'09'43"E 254.65' POINT A N89'36'19"E__,,- i 18.20' c> S01'09'43"E 599.97'~ 1,01 1 POINT B &"5%3 ��06 ' N89'36'19"E_. S?, p REC' g00016 21.14' . 1 2025�p0� SO1'09'43"E 458.95' S01'15'33"E POINT C 1.66' t N89'59'1A RR TRACKS 22.89' S01' 15'33"E 598.49' S01'08'48"E 1.64' 252�P� g111^` S01'05'24"E _ 273.28'% APN 252104-9114 / SCALE: HORIZONTAL 1 "=400' BARGHAUSEN CONSULTING ENGINEERS, LLC. 18215 72ND AVENUE SOUTH Lpj KENT, WA 98032 21.55' - POINT D S01'08'48"E 239.29' POINT E S01'08'48"E 13.41' S8649'14"W 22.53' 1 \ � 25210� g115 For: JOB NUMBER IRG - INDUSTRIAL REALTY GROUP 22302 22302L.002. DOC Title: SHEET 425.251.6222 BARGHAUSEN,COM WATERLINE EAS E M E N T 1 -Of--1 DESIGNED IDRAWN KMA (CHECKED ,1SM IAPPROVED,�IAIDATEJ./- 7F, r