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HomeMy WebLinkAbout20260130000561, Water Easement FAC25-0005, Auburn Land LLCInstrument Number: 20260130000561 Document:EAS Rec: S311.50 Page-1 of 9 Record Date:1/30/2026 1:58 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 FAC25-0005 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#: 242104-9098 For and inconsideration 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 2,943 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 9 ENG-078, Revised 4/18 Instrument Number: 20260130000561 Document:EAS Rec: S311.50 Page-2 of 9 Record Date:1/30/2026 1:58 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 1ncS, damage, expense, actions and elaimsy ih(Jyiding rnctc and �r aSnnahle Easement Page 2 of 10 ENG-078, Revised 4/18 Instrument Number: 20260130000561 Document:EAS Rec: S311.50 Page-3 of 9 Record Date:1/30/2026 1:58 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 10 ENG-078, Revised 4/18 Instrument Number: 20260130000561 Document:EAS Rec: S311.50 Page-4 of 9 Record Date:1/30/2026 1:58 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: etll Z-/ z S— AUBURN LAND. LLC, a Delaware limited liability company 13y:,,I.R-G-Va)e Fund Manager, LLC, a Delaware lit mited lia 'lit co pa y its Manager-,, �y: Name: Richard Klein Title: Chief F n ncierr'Officer V I �A �IU �L 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 Ij On 2025, before me, USO',jNotary Public (insert name and title of the ofilicer) personally appeared -Z,"A.s e' who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 my hard and, official seat. Signature Easement Page 4 of 10 EING-078, Revised 4/� S; LISA BETH SUMMERFIELD 1� '4 Notar/ Public - California Los Angeles County Commission a 2443622 My Comm. "11723 (Seal) Instrument Number: 20260130000561 Document:EAS Rec: 5311.50 Page-5 of 9 Record Date:1/30/2026 1:58 PM King County, WA 2(Q DATED and SIGNED this 11 day of )a nvo � . CITY OF AUBURN By .> Zrs. Asst. Dir gtoof En 'veeringty Engineer 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 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 �" - 11'' 2- 0 Z1, A ® A Notary ubl' in and for the State of Washing n Residing at K'i rlC by My appointment expil . 19 1 1 C2 2.Gd Easement Page 5 of 10 ENG-078, Revised 4/18 Instrument Number: 20260130000561 Document:EAS Rec: 5311.50 Page-6 of 9 Record Date:1/30/2026 1:58 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 2, 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 NORTHWEST CORNER OF SAID LOT 2, SAID CORNER BEING COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF 15T" STREET SW, THENCE NORTH 88050'39" EAST, ON SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 815.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01020'17" EAST 28.58 FEET, THENCE NORTH 88°28'39" EAST 28.00 FEET, THENCE NORTH 88032'59" EAST 1.54 FEET TO A POINT HEREINAFTER KNOWN AS "POINT A" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING NORTH 88°32'59" EAST 235.93 FEET; THENCE SOUTH 46°10'47" EAST 19.02 FEET, THENCE SOUTH 01012'18" EAST 312.56 FEET TO A POINT HEREINAFTER KNOWN AS "POINT B" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01012'18" EAST 36.51 FEET; THENCE SOUTH 00057'40" EAST 1.66 FEET TO A POINT HEREINAFTER KNOWN AS "POINT C" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 00057'40" EAST 40.33 FEET, THENCE SOUTH 21018'08" WEST 64.33 FEET, THENCE SOUTH 1002622" EAST 152.89 FEET, THENCE SOUTH 01010'56" EAST 346.75 FEET, THENCE SOUTH 01005'36" EAST 1.52 FEET TO A POINT HEREINAFTER KNOWN AS "POINT D" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01005'36" EAST 597.69 FEET; THENCE SOUTH 01020'17" EAST 1.52 FEET TO A POINT HEREINAFTER KNOWN AS "POINT E" FOR THE PURPOSE OF THIS DESCRIPTION; Instrument Number: 20260130000561 Document:EAS Rec: S311.50 Page-7 of 9 Record Date:1/30/2026 1:58 PM King County, WA THENCE CONTINUING SOUTH 01020'17" EAST 322.25 FEET, THENCE SOUTH 43°49'17" WEST 10.45 FEET, THENCE SOUTH 01'08'36" EAST 102.66 FEET, THENCE SOUTH 46°08'14" EAST 10.58 FEET; THENCE SOUTH 01°15'32" EAST 157.89 FEET; THENCE SOUTH 01009'43" EAST 1.73 FEET TO A POINT HEREINAFTER KNOWN AS POINT "F" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 01°09'43" EAST 345.71 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 2 AND THE SOUTHERLY TERMINUS OF THIS DESCRIBED CENTERLINE; ALSO, BEGINNING AT POINT "A" DESCRIBED ABOVE, THENCE NORTH 02°03'09" WEST 28.26 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 15TH STREET SW, AND THE TERMINUS OF THIS DESCRIBED CENTERLINE, ALSO, BEGINNING AT POINT "B" DESCRIBED ABOVE, THENCE NORTH 88°18'30" EAST 22.49 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 88°24'01" EAST 22.48 FEET TO THE WEST RIGHT-OF-WAY LINE OF C STREET SW, AND THE TERMINUS OF THIS DESCRIBED CENTERLINE, ALSO, BEGINNING AT POINT "D" DESCRIBED ABOVE, THENCE NORTH 87°24'58" EAST 20.05 FEET TO THE TERMINUS OF THIS DESCRIBED CENTERLINE, ALSO, BEGINNING AT POINT "E" DESCRIBED ABOVE, THENCE NORTH 89°41'21" EAST 20.85 FEET TO THE TERMINUS OF THE DECRIBED CENTERLINE, ALSO, BEGINNING AT POINT "F" DESCRIBED ABOVE, THENCE NORTH 89°22'27" EAST 17.25 FEET TO THE TERMINUS OF THE DESCRIBED CENTERLINE, THE TOTAL AREA OF THE EASEMENT DESCRIBED ABOVE IS 43,599 SQUARE FEET, MORE OR LESS. 1 /27/2026 Instrument Number: 20260130000561 Document:EAS Rec: S311.50 Page-8 of 9 Record Date:1/30/2026 1:58 PM King County, WA s 41 I01111410, i 15TH STREET SW POINT OF COMMENCEMENT POINT OF BEGINNING N88'50 39 E 815.12 S01'20'17"E—I I I ' �,NO2'03'09"W 28.58' u 28.26' ,— N88'32'59"E 235.93' N88'28'3VIE 28.00' POINT A N88'32'59"E 1.54' 2 VgURN A ppp6 �"25rN 51p 79 pp1$ 2 NOTE: ALL EASEMENTS ARE 15—FEET WIDE UNLESS NOTED OTHERWISE. SCALE: HORIZONTAL 1 "=50' BARGHAUSEN CONSULTING ENGINEERS, LLC. 18215 72ND AVENUE SOUTH KENT, WA 98032 1-15-2026 T 9 For: IRG - INDUSTRIAL REALTY GROUP Title: WATERLINE EASEMENT JOB NUMBER 22302 22302L.001.DOC SHEET 425.251.6222 BARGHAUSEN.00M of-2 +DESIGNED„ I DRAWN KMA I C ECKED 12M_I APPROVED,_(DE 1/1`20?5 _�, Instrument Number: 20260130000561 Document:EAS Rec: S311.50 Page-9 of 9 Record Date:1/30/2026 1:58 PM King County, WA EXHIBIT "B" — — — 15TH STREET SW S46'10'471 POB-�y,..v�POINT A /'-19.02' POC SEE DETAIL ON SHEET 1 N88'32'59"E I S01'12'18"E l 235.93' 312.56' POINT B S01' 12' 18"E 36.51' N8918'30"E 22.49' S00'57'40"E r-N8624'01"E 1 22.48' S00'57'40"E POINTT C S1926'22"E - 40.33' 152.89' \ - S21'18'08"W 64.33' NOTE: ALL EASEMENTS ARE 15—FEET WIDE UNLESS NOTED OTHERWISE. 1-15-2026 SCALE: HORIZONTAL 1 "=400' BARGHAUSEN CONSULTING ENGINEERS, LLC. 18215 72ND AVENUE SOUTH L@j KENT, WA 98032 RR TRACKS E I S01'10'56"E S01'0536E ' I ~346.75' �p� 2 { URN 1.52' N87*24'58"E SP��y,o00s POINT D y1 .�20A5' 202 �° 7goop1a 0. S01'05'36"E 1 597.69' ~ ; S01'20'17"E -N89'41'21"E 1.52'- l� 20.85' POINT E e S01'20'17"Ei 322.25' I S43'49' 1 A \ 10.45" t-LS01'08'36"E S46'08'14"E_ 102.66' 10.58' SOI'll 5'32"E S01'09'43"E 157.89' 1.73'— POINT F N89'22'27"E ' BUT 1 17.25 URN i SOI*09'43"E S�2y'N06 345.71' RRC' gpp0la 2pZy10p� For: IRG - INDUSTRIAL REALTY GROUP Title: WATERLINE EASEMENT a JOB NUMBER 22302 22302L.001.DOC SHEET 425.251,6222 BARGHAUSEN.0061 2 of 2 DESIGNED IDRA WN EMA I CHECKED J2M_ I APPROVED N /L I DATE 1 / 1. T2026 If