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RESOLUTION NO. 3 8 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING AN AMENDMENT TO
AN EXISTING FIXED BASE LEASE AT AUBURN MUNICIPAL
AIRPORT WITH AUBURN FLIGHT SERVICE, INC. APPROVED
BY RESOLUTION 3181 ADOPTED FEBRUARY 22,2000
WHEREAS, at a regular meeting of the Auburn City Council held
February 22,2000, the Council adopted Resolution 3181 providing for Auburn
Flight Services, Inc. to assume the lease of 3.01 acres at the Auburn Municipal
Airport; and
WHEREAS, it is in the interest of the City of Auburn to amend the lease
with Auburn Flight Services, Inc. at the Auburn Municipal Airport;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The Mayor and City Clerk of the City of Auburn
are hereby authorized to execute an amendment to the Fixed Base Lease at
Auburn Municipal Airport with Auburn Flight Services, Inc., which is attached
hereto and marked as Addendum No. IV and by this reference incorporated
herein.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
Resolution No. 3893
August8,Z005
Page 1 of Z
-~ /J .-J--
DATED and SIGNED THIS I:;; - DAY OF tULlt....~ ,2005.
ATTEST:
{diM ~~
Da . lie E. Daskam,
City Clerk
Resolution No. 3893
August 8, 2005
Page 2 of 2
~CITY OF AU~ RN
'S ~
---""
PETER B. LEWIS
MAYOR
-.------------.
ADDENDUM NO. IV
ADDENDUM TO FIXED BASE LEASE AT AUBURN AIRPORT
THIS ADDENDUM made and entered into this /(pf1~day of (21t/";!- ,
200 L, by and between AUBURN FLIGHT SERVICES, (hereinafter referr to as "AFS") and
the CITY 0 F AUBURN, a municipal corporation of the State of Washington (hereinafter referred to
as the "CITY"), is an addendum to the Fixed Base Lease at Auburn Airport, dated February 27, 1978
(recorded under King County Recording Number 7806230483), amended January 3, 1984 and on
October 2,1989 and assigned June 1,2000 whereby the lessee's interests were transferred from Sky
Services, Inc. to Auburn Flight Services, Inc.
WIT N E SSE T H:
WHEREAS, Auburn Flight Services, Inc. has assumed the lease oB.01 acres at the Auburn
Municipal Airport per Resolution 3181 as described in Exhibit A; and,
WHEREAS, Auburn Flight Services, Inc. wishes to relinquish a portion of the leased area
along the Northern boundary for further development at the airport by Northwest Hangars as
described in Exhibit B; and,
WHEREAS, Auburn Flight Services, Inc. will have a revised lease area as described in
exhibit C; and,
WHEREAS, Northwest Hangars is entering into a land lease with the City for the area
relinquished by Auburn Flight Services, Inc and an additional adjacent area which is described in
Exhibit D.
NOW THEREFORE In consideration of their mutual covenants, conditions and promises,
the PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO FIXED BASE LEASE AT AUBURN AIRPORT. That
Section 2 of the Fixed Base Lease at Auburn Airport, dated February 27, 1978, as previously
amended and assigned, is amended to reflect the premises described in Exhibit C hereto, reducing the
total premises of the lease from 130,680 square feet to 120,580 square feet.
ITEM TWO REVISIONS TO FIXED BASE LEASE AT AUBURN AIRPORT. That
Section 5 of the Fixed Base Lease at Auburn Airport, dated February 27, 1978, as previously
amended and assigned, reflects a rental rate of $_.25_ per square feet of rental premises per
annum computed on the area described in Exhibit C hereto (120,580 square feet); and thatthe rental
rate shall hereafter be calculated through the formula described in Section 6 ofthe Fixed Base Lease
as amended and assigned.
August 9, 2005
ResolutioYl No. 3893
Page 1
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the Fixed
Base Lease at Auburn Airport, dated February 27, 1978, as previously amended and assigned, shall
remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
By: ~.-ntd({ ;f!dc-~cr
J amel e GarcIa, PresIdent
~
AUBURN FLIGHT SERVICES
By:
Peter B.
Attest:
&Sd'~
August 9, 2005
Resolution No. 3893
Page 2
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EXHIBiT "A"
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Exhibit B
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1320.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 20.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 20.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
TOGETHER WITH AND INCLUDING SPECIFIC SUBSURFACE RIGHTS
CONSISTING OF THE RIGHT TO CONSTRUCT OR DEMOLISH FOUNDATION
STRUCTURES BENEATH THE SURFACE, SUCH FOUNDATIONS TO SUPPORT
HANGARS ON THE ADJOINING PARCEL DESCRIBED ABOVE, AND TO
VERTICAL AND LATERAL SUPPORT FOR SUCH STRUCTURES BUT NOT
INCLUDING MINERAL RIGHTS, IF ANY, AND INCLUDING THE RIGHT TO
DISTURB THE SURFACE FOR THE LIMITED TIME NECESSARY FOR
PURPOSES OF CONSTRUCTION OR DEMOLITION OF SUCH STRUCTURES,
PROVIDED THAT THE SURFACE IS RESTORED TO ITS PREVIOUS CONDITION
WHEN CONSTRUCTION OR DEMOLITION OF STRUCTURES IS COMPLETED,
FOR THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 134D.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExhibitB.073105,doc
'. '
Exhibit C
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W,M., DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 240.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 240.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
SUBJECT TO SPECIFIC SUBSURFACE RIGHTS CONSISTING OF THE RIGHT TO
CONSTRUCT OR DEMOLISH FOUNDATION STRUCTURES BENEATH THE
SURFACE, SUCH FOUNDATIONS TO SUPPORT HANGARS ON THE ADJOINING
P ARCEL LOCATED TO THE NORTH, AND TO VERTICAL AND LATERAL
SUPPORT FOR SUCH STRUCTURES BUT NOT INCLUDING MINERAL RIGHTS,
IF ANY, AND INCLUDING THE RIGHT TO DISTURB THE SURFACE FOR THE
LIMITED TIME NECESSARY FOR PURPOSES OF CONSTRUCTION OR
DEMOLITION OF SUCH STRUCTURES, PROVIDED THAT THE SURF ACE IS
RESTORED TO ITS PREVIOUS CONDITION WHEN CONSTRUCTION OR
DEMOLITION OF STRUCTURES IS COMPLETED, FOR THE FOLLOWING
DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340A2 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExhibitC-Q73105,doc
'. .
,'. .
Exhibit D
THAT PORTION OF THE J. BRANNAN DONATION CLA1M NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1320.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 20.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 53.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 33.00 FEET TO THE TRUE POINT OF
BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
TOGETHER WITH AND INCLUDING SPECIFIC SUBSURFACE RIGHTS
CONSISTING OF THE RIGHT TO CONSTRUCT OR DEMOLISH FOUNDATION
STRUCTURES BENEATH THE SURFACE, SUCH FOUNDATIONS TO SUPPORT
HANGARS ON THE ADJOINING PARCEL DESCRIBED ABOVE, AND TO
VERTICAL AND LATERAL SUPPORT FOR SUCH STRUCTURES BUT NOT
INCLUDING MINERAL RIGHTS, IF ANY, AND INCLUDING THE RIGHT TO
DJSTURB THE SURFACE FOR THE LIMITED TIME NECESSARY FOR
PURPOSES OF CONSTRUCTION OR DEMOLITION OF SUCH STRUCTURES,
PROVIDED THAT THE SURF ACE IS RESTORED TO ITS PREVIOUS CONDITION
WHEN CONSTRUCTION OR DEMOLITION OF STRUCTURES IS COMPLETED,
FOR THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExhibitD-073105.doc
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P`~° ~
LANDLORD'S WAIVER AND CONSENT
: On March `:3, 2Q10, this Landlord's Waiver and Consent ("Waiver"} is made by The City of Auburn, a(n)
Washington Corporation whose address is 25 West Main, Auburn, Washington 98002 ("Landlord"), and given to
Columbia State Bank - Auburn Office whose address is 2U41 Auburn Way N, Aubnrn, Washington 98002
("Lender"),
WI-IEREAS, Lender has or is about to acquire a Uniform Commercial Code security interest in certain personal
property orvr►ed by Auburn Fiight Service, Ine., a Washington Corporation, whose address is 1725 E St NE,
Auburn, Washington 98002-0000 ("Borrower"}, whose personal property is described as fol}ows:
. Non-titled Personal Property with the following description: All Fixtures an8 Leasehold
Improvemeo#s and other articles of personal property now or hereafter pwned by Debtor,
andlor hereafter attached or affixed to the Real Property, together with. al1 accessions, parfs,
and additions to, all replacements of, and all substitutions for, any af such property; and
together with alt issues and pro~ts thereon and proceeds (including without limitation all
insurance proceeds and refunds of premiums) from any sale or other disposition of the personal
property. The Real Property is located at: 1725 E Street NE, Auburn WA 98002. County:
King
Parcel 000080-0011-UO
Short Legal: J. Brannan DC #38; Sec. 7, T. 21 N., R. 5 E., W.M.
("Collateral"); and WHEREAS, the Collateral has or may become affixed to or located at the following-described
Realty, commonly known as:
Address: 1725 E Street N~, Aaburn, Washington 98002
Legal Description: See Exhibit A attached hereto and by this reference made a part thereof for full
, legal description.
WHEREAS; Landlord owns or has an interest in the Realty, and to induce Lender, now or from time to time, to
make loans or other financial accommodations to Borrower, and in consideration of the ~'inancial accommodations
extended hy.Lender to Borrower, Landlord consents and agrees with Lender, as follows:
1. Landlord disclaims and waives, as real estate fixtures or otherwise, any and all interest in the Collateral
for: so long as Bon•ower is indebted to Lender, and waives any security interest provided in any lease oP
the Realry, and consents to the placement, storage and retention upon or attachment to the Realty of the
ColIateral or any portion thereof. Landlord agrees not to assert any claim or interest in the Coltateral,
nor seek ievy or distrain upon it for rent or otherwise.
2. Landlord consents to Lender's entry upon the Realty at all reasonable times to inspect, dispose of, or
remove the Collateral, upon reasonabte nofice, so long as Lender repairs all physical damage, if any,
done to the Realty, or offers to reimburse Landlord for the cost of such repairs, but not for any
diminution in the value of the Realty caused by the absence of the Collatera! removed or by the
neeessity of replacing it.
3. Landlord agrees with Lender that at any time after Lender has repossessed the Collateral and has
nofified Landlord of such fact, Lender shall have 90 days to keep Collateral on the Realty for purposes
of disposing of it, and during this time period, Lender shall only be obligated to pay any minimum or
base rental on a monthly basis, as specified in the Lease between the Landlord as owner and Borrower
as tenant or occupier of the Realty.
GOVERNING LAW. This Waiver sha11 be governed by the law of jurisdiction in which the Property is located
and binds and inures to the benefit of Lender, and its successors and assigns, and shail be binding upon the heirs,
personal representatives, successors and assigns of Landlord.
O 2004-2009 CompJiance Syslems, 3nc. A7C6-9qpp -1ppg,1 I J 51
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GENERAL WAiVERS. To the extent permitted by law, the Landlord waives notice of Lender's acceptance of
this agreement, defenses based on suretyship, any defense arising &om any election by the Lender under the
Bankruptcy Code, Uniform Commercial Code or other applicable law, demand, norice of intention to a~celerate,
notice of acceleration, natice of nonpayrnent, presentrnent, protest, notice ofdishonor, and any otfier notide:
JOINT AND SEVERAL LIABILITY. If permitted by law, eac.h entityor person executing this Waiver:is jointly
and severally bound.
SEVERABILITX. If a court of competent jurisdiction determines any term or provision of.this Waiver is invaiid
ar prohibited by applicable law, that term or provision will be ineffectiye to the extent.required. Any term or
provision ihat has been detcrmined to be utvalid or prohibited will b.e severed fram the rest of this Waiyer withont
invalidating the remainder of either the affected provision ar this Waiver. _
SURVIVAL. The Lender's rights in this Waiver will continue in its successors and assigns. This Waiver is binding
ori all heirs, executors, administratars; assigns and suceessors of the Landiord. _
ASSIGNABILITY. The Lender may assign or otherwise transfer this Waiver or any of i.ender's righfs under this
Waiver without notice to the Landlord. Any assignea of the Lender has the same rights as the Lender. The
I.andlord may not assign this Waiver, or any part of the Waiver without the express written consent of the:Lender.
A'I'TORNEYS' FEES AND 4THER COSTS. If legal proceedi.ngs are instituted to enforce the ternis of this
Agreement, Bocrower agrees to pay all costs of the Lender in connection therewlth, including reasonable attomey.s'
fees, to the extent peimitted by law. '
HEADINGS AND GENDER. The headings preceding fext in this Waiver are for general convei►ience in
identifying subject matter. The headings have no Gmiting effect on the text that fallows any p2uticular head'utig. All
words iised in this W aiver are read to be of whatever gender or number is appropriate under the eircwnnstanoes.
ORAL AGREEMENTS DISCLAIMER Oral agreements or oral commitments to loan money, extend
credit, or to forbear from enforcing repayment of a debt are not enforceabte under Washington law. By si ' Lan rd accepts and agrees to the terms in this Waiver and Consent.
The 'ty of Au ~010
By: Pee;' J-et..r,-S' Date
Its:
02004-2009CompGanceSysums,Inc.A7C6-94AD-2009.11.151
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Landbrd Waiver and.Ce.me . DIAOI 5
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EXHIBIT A
A Leasehold Estate created by that certain Memorandum of Lease of said land
executed by and between the parties named herein, for #he term and upon the
terins, covenants and conditions therein provided.
Lessor: City of Auburn
Lessee: Sky Services, Inc., a Washington corporation
Dated: June 16, 1978
Recorded: June 23, 1978
Recording No. 7806230483
Lessee's interest in the lease was assigned by instrument:
Assignee: Auburn Flight Service, Inc., a Washington Corporation
Recording No.: 20000605001209
Affacting the following described property:
'fhat portion of the J. Brannan Donation Claim No. 38 situated in Section 7,
Township 21 North, Range 5 East, W.M., described as follows;
Beginning at the Northeast corner of the J. Brannan Donation Claim No. 38;
Thence North 88 degrees 49'S2" West 430.01 feet;
Tliance South 0 degrees 52'25" West 1320.42 feet to the True Point of
Beginning;
Tlience continuing South 0 degrees 52'25" West 260.00 feet;
Tlience North 88 degrees 53'43" West 534.00 feet;
Tlience North 0 degrees 52'25" East 260.00 feet;
Thence South 88 degrees 53'43" East 530.00 feet to the True Point of Beginning;
LESS the East 25 feet for street.
Situate in the County of King, State of Washington.
VSttten recvrdosi raturrs ta.
' Columbi$ Bank
~ P. O. $ox 1156
: Tacoma, WA 98401
Grantor: '
* Adclional narres csn page ot tlbcuelk~
Grarrteer: "
* Addh}anal narnes on page oT~acument.
t.e9at #)escrlp:tEon:
' J. Brannan DC 938; Sec. 7, T. 21 N., R. 5 E., W.M.
Assessoc^s-Praperry Tax Parcel ar Account Nvmber:
0(2p080-OOii-t?G .
(Spaee above ihis line fbr recordinCj. puiposes) LANDL4RD EN SUB4RDINA''14N By lanatora
1. DATE ANA PARTIES. This Lien Subordination Agreement (Agreement) es dated
, and the parties are the foflowing:
BnRROtNER:
AUBURN FlIGIiT SEAVICE, (NC.
a DVashington corporaflate
506 2ard NE
AdbUrtt, Washtngtong8002
Tex 1,0. # 01 -1187747
l.QIStL1LPR[3 (LESSOft): .
'fHE.GITY OF AUBlfRN
e. Washin$ton a municipW corporation
25 West M&ftt
Aubtr1t, Wft3hFngtan 88C102
BANK
Colum6ia Bank
] 102 Broadway Alaza
Tacoma, WA 98402
2. OBUGIITlbNS DEFINED. The term °dbtigatians'' is defiasd as and Includes the tollowingi .
. A. A promissory nota No. 4100193092 dated , and executed by AUBt1RN FLiGHT SERVTC£, MC.
((Borrower) payable in monthty payments to the order of Bank, which evidences a loan {Loan} to Borrovxr in the
amount of $305,000.00, plus interest, and a!I eztensions, renewals, modifications or substitutions thereof.
] of 5
B. Ali BssnGiatBd obligaOons, nOW exlsft or hawRe1' srising, to ft ekfltlt th9 taking at lhs Properiy or CANai"
(as torein danned) as sewr(ty therefar is noi ptohtbltad by faw, irKAudlng bui nai tiuttdted to lfabaiU es tor
. overdraRs, ail advaRCes made by Bank on Borrawer's behag es autNurizad by tl3s agreemerrt and fiabWtOes as
" SPuarar%w, endorser or surety, of Bonower to 8an[c, due ot to bor.arns d,I% drrect or in*eci, absoiute or
contingent, primary orsecandary. liquidated or unnquldatsd, arjOim, meral, or johet and semN.
3. O:E3CRIP710N 4FTHE COLLITER,4l, Barik and Landlwd have or t»sy acquire statutory, canxrwn taw or ConG'ac#uaf
66ns, sectrft interesis or ather iniamsis in ar on personal propeftY (Cv1la4eralj, The Cottalexel inctudes mippliQe and
sorrre or alt otheY pExsona! proporiy iocaiterJ In or upon the property, logether witn accessiorbs, accessorlm ac7di4lons,
. cash, fA13rgs, irxroascrs, lnsurarroo baneffts ond Praceetls, pmft, pratlucts. Prafds, remwals, rarNs, reptwwmm; sPeM
tiwls arid aubsritutions, wherever [ocated. wheUrer or rioc heki bp e 6aHes taf the Wtxetie af the Boffomw. The '►Br'm
"GdIatm`aC'spacftaly fttdetdes, but is tw2 UYiBed.la
Some vr a# ot tha CalEmflral is ar may become laoated an, afihced to vr athenNlse attacitnd to resl astaaa 1Batod by
. Land3wd to 8anauror and i9gaRy descritsed aa toPaws:
ExhlbR "A* attaa(fesF ltereto atid 3ttatte a patt hereof on propprty bcatod at 11725 6ast 5treet
NE, Aubura. Wa9hEnnRott "042. .
In order 4ur Borrower to obCain the 4oan, Bank requVes that landbrd subarQNnafe Landlord"s sEaMory, common !aw or
cAntractual petts, securfty irnamls ar other iniomts in or an 8orrower's CaHateral, as desctibed apove, ta BaWs
aeouriry iriAeroet that wil! be piacod on ihm cat[anaral to sece►re ihs E.oan artd dbllgaUotts. tmnc9tortl aoknoveedyes that it
wilE beneAt fram ihe 1.nan and obligafluns to Borrower, wants ta s9sis1 Borrowar ln atiutrring ih9 Loan and.Obilgadnbs,
and.Is Wiiling to subordinata LandWrd's stawtory, comrrwn layv or canirrsct~uak Hans, SecUtity fnl6rsw8 of o!!m itllBCeM in.
or on tho CoNarerat in order to da su.
4. C'oNSibERATl4'N. 'i'o induto 8ank tb msice Ue Lomi to OaROV+er, to altow Barrovaer to inaur thg Obqgsdans 1a flanlc
a:ntl for oiher vsluable comsiderabon, tf,e moeipt and sufflciency of wtuct► is ac[crrwMedged by LancNord, Landford agrees
to the tcms and cond'itlons contairmd in this Agrt3wmerd,
5, S#180RDtNA3'lON, lartd@arci subordinates to Bank arry and e11 staiutcuy, wmTmn {aw or comractual Ifans, seceirity
1nJeresls or ottser interests in or un the Colfateral that Leridlard [ian nr may ncqutre. priorPties shaN be cfetemOned by law
eilc:ept ay othetwise providod irt Ufts agreemerri.
6. C4NB1T10N PREC&C1ENT. Ff Bank's socenily lntorest is whol,hy or paniopy uaperiecled ar avoldabls, then this
Pyqravmont's euborctlnaUon amri rborderfng of priorities wiB noi apQ)y aa to thet unperfaGted or atiwJdabW poriiDn af tha
coHateral.
7. PRIpREI'IES This AgrcsamanYs subordinflroon artd prlorlVes aPe etpplimble rpgarde.5s oi thc time or order in rvhich the
s4aWiary, oommon taw or cottVactusd Iitfns; 90cuiity (nt0r8St3 4r athcr intarests were Attached, perected, lffed or
reowded. Ttvs Agreeinerit's subordinat3on ard priodlros aro afsa aF+plicablo regmdtess a4 the faikue to gdve a wfiiten'
rr4Eico of ibo ucquisllfon oi a putchese money security InLareSt vr Ven.
t3. POSTPONEMEN7 OF RIQHTS. UnM Bank gnres l:andiord writtett nodoo that 8orroAivr has saNstiad adt ObBgaHorts awad
to Bank and Bank temurrates or refeam tts secxta'!ty 1»tereM [n ttrc+ CailaWW, Landkrrd tvui not do any of ihe taNwaing:
A. Enfoccra itst statutory, common fav;r or cantraatual llers, socuriy interesis or othes interesiss.
8. Levy tsxecution an the Coilater&1.
i:_ Ivotriy arry aceaurat ntebtors or other obligors of its subordinaROd statutory, camman !aw or c4titrac4ual Gang,
securiiy intsreats or oUher lrrterests in !Mr promaqs.
0. Ottterwise irrtetfere With Banlc's socunty lntere9ts in tte COIIatOrA6
tanckrd agress that SorrovrWs ObEgabons WBank and thds Agreerriont xhall be tully revivect and sha1C cantinue aas it no
aurcb p~nt hsd beon ma~io, urt~er► a caurt Inv~kdate~a, vafde of sets aside sny. ct 8orrower's paynmms on (}bf~atiuns
otared to Bar7k and csquirRS 8ank to retum these paymenb to.xtrustee ut analller patty.
s, FMHT 0F ENYRY, UVSPEGTlt7N AND REMOVAL Bank's authadzed age+ntr. may anter the roai Fropetty at eny fime ro
fritak atEach, alfx qt' 1oCa8e the Coga3aral an tFie reail prapertY or #a inspact the ColeteraE. Atter any dsfau7C on
Sprrower's Oblipestbns to Bank. Bank's authartzed agenis may~fliso ariie► tha reat propecry at any tlme to ramove or ta
conduct u 3afe crf any or aIt oi the CoNaterat.
10.. REAL PROPERiY'3 VAl.UE. fAndiord speciRcaily waives ft dght to demand adequaie secxerNy and roimbctr.5emcant 4ar
anry damegas to ihe reai prcperly a► 1or any diminuiwrt af the reW propeny'e value witn Bank's authorizcsd agerts
reftvs tfte Collattxal, Sorrower, nof Bank, is rasporsiblo and Ileble tor the reai propetry's mandilon tieSws attci oftbx
any removal of the Coflatsra{, Ban1s shall acoount to Landlord tor what 8ank cnilacis or •reaNzes an lhe sale or
dispostiion of ihe Couaterai aRer paying Sorrwuer's Obi[gations to Bank.
11. AGREEMEtJTS BY IANDLORO. Landbrd hereby agrees that Sank shsg ba undd' no duly br risbflity wiih respeci ta the .
protectlon, presErvation or wlleciion of tha CoUstored or any rights pertaining ihereto bayond the sate custody of
documents and insuvments in its possession, but shatl be Aobte io ecmunt to Land{ord tor anfy what Bank caNects or
realizes:thorcaon.
12 ADDITlONAL OQCUMEN'f5. Landlord shall exectrte arty addfQOnal documenfis relaling to 1HIs Agi'eement and required
by Banlc to carry out ft imentlon expressed in rhis Agreernent.
13. NO OBUGATION T4 i.ANDLORD. No }ndu3gence which eank may grant the Borrawer, and no other aCUOn whlah Bahk
at Borrower with the coaseat of Bank may take ix reCrain irom laking with respect to any indebtedness of Borrower to
Bank, or with respect ta any note ar nuies represeming tha same, or any security therefor, or wfth any asslgnments ar '
agreemenis (tnelqcGng guarantles and andarsemenis in conrtection iherawith), shall affact this Agreanem or ft
subordination hy Landlord hereunder.
Aoy waiirer or arfy lndulgence by Bank [o the undersigned shaA apply anly to the separate occasion theieol and shall not
sflect the subordnatinn of Landlord hereunder. All sums recehled by Bank aL a►ry timo or timos may be appUeii by it to
the principal and/or lnterest of any of BarrowPx's Indebtediiess to Bank, whether or not then due, in such arder as Bank
may.determine proper.
14. TERM. This AgreBmsnt shalt be in effect untA the Qb6gations are tully and-UnaEly paid.
1.8. TFlIRD PARTIES NOT BENEFl7ED. 'this Agreement is oniy for ths benefR.of landlord and Bank and shall not he ior the
~ benefit of any other person. Landlord and Bank reserve arry and alt of their respealve rghts and seaarity inmresis or
Hens in tir on She Cailateral, and against Barrawar and any thlyd pArty secured creditors or lien hnidera 16. N071CES, Landlotd and Bank agree to quickly noUiy the othsr whan its nams or address changes.
17. GENERAL PROVfSiONS.
A,: 7lME iS OF THE ESSENCE. 7ime 13 of She essance in Lansdord's pedarmance of all duties and obllgations
; Imposed by this Agresrrient
B.: NO WAIVER BY BANK. 8ank's coursa of dealing, or Bank's foCbearance 1rom, nr delay in; the sxercis9 of any .
: of Bank's rights, temedies, prlvlleges or I'ight tci lnsist upon Laqcilord's strict periormanca oi.any provlsiona
coniained !n this Agresmorrt, or otha laan documents, shali not be construed as a walver by 8ank, uniass any'
such waiver Is tn uvridng and is Slgned 6y Bank. . C.. AMENDMEN7, The pravisions contained in this Agreement rnay not be arnanded, except thraugh a written
° amendment whlch ts s(gned by Landlard and Bank.
0. INTEGRATION GLAUSE. This wrftten Aqroemont and all documertts exocuted, concunsntly herevaiU►, reprecent
the entire understanding between the parties as to the Obfigefions and may nat be coMracficted by evidence
: of prior, contemporansous, or subsequont orai agroemerits oi.tha parAes.
E. : FURTHER ASSURANGES. Landiord agrees, upon, request of Bank and within the time Bank specities, to.
~ provide any informatfon, and to executo, adcnowledge; de(iver and recard or fiie suCh further [nstrumanis or
documenis as may be requiied by Bank ro securs the Note ar confirm any Ilen.
F. : QOVERNING [.AW, This Agreement shall be govemed by tha laws of 1fle State of WASHINGTON, provided
that such laws are not athetwlse praempted by federai laws and f egutations,
' G. FORUM AND 1/ENUE. In the eveni of IIGgaGon perWining to this Agraerrent, ihe exclusive forum, ve►we and
~ piace of juriscrictian shall be in the State of WASHINGTON, unleas ntherwise dosignated in wriDng by Bardi or
othenv(se required by law.
H. SUCCE5SORS, Thfs Agreemetri shall inure to the ienefd o1 and bind the heits, persari8i represeniatives, .
successors and awigns of the parges; ptovided however; that Landford may not assign, trans?er or. delsgate
any of the rights or obiigatlons under this Agreemnt
1. NUMBER AND GENpER. .Whenever used, the singuiar shall inciudo ihe piursi, the piuW the singPlar, and tha
: use oi any gender shaJ be applicable To aU genders. ' J. :OEFlNITtONS. The terms used in thls Agreement, if not defined fierein, sbail have their meaninc,s as defined in
` the other documants executed contemp araneoueiy, or in conjunatlan, with thls Agreement.
K. ' PARAGFtApH HEAb1NG5. The headings at ihe beginning oi any paragraph, or any subparagraph, tn ihis
Agreement are fior convedence only and shall not be dispositive in iMerpreWg of construing this Agresment
L. .IF HELD UNEh1FORCEA34E. if any prpvision at tWs Ageeneni shal{ be hetd unenforaeabie or void, ihen such
provision to the extent raot othetwise ihroteii by taw shaD be severabie from Uie remalning pravisions and shall
~ in no tvay affect the eniorce.ab(fiiy of the rematning pmvisisns rsor•th9 VAldIIy Qf U113 Ag!'e@I'118~t .
BORROWER:
AUBURN FI.IGHT SERVICE, TNC. [Corporate Seal*]
` A Washington corporation
Corporate seal may be affixed, but failure to affix shalt not affect validity or reliance.}
By:
~ MICHAEL KOPP, PTtFSIDENT
~
LANDLORD (LESSOR):
THE CI R L------~
Washingt mun~cipat'crporaHon
Corpor te s fixed, but failwe to 'x s" not affecY validity or reliance.) [Corporate Sea3*]
By:
(title
By:
(title )
BANKi
COLUMBIA BANK [Corporate Seal*]
Corporate seal may be affixed, but failnre to affix shall not affect validity or reliance.}
BY:
(title )
STATE OF
COUNTY OF
ss:
I certify that I know or have satisfactory evidence that MICHAEL KOPP, PRESIDENT signed this instrument,
on oatli stated that (he/she) was authorized to execute the instrument and acknowledged it as the officer of
AUBURN FLIGHT SERVICE, INC., , a Washington corporation to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrumerik
Dated: :
My appointrnent expires
NOTARY PUBLIC in and for the Siate of Washington
residing at
4of5
STATE OF L
COUNTY OF
ss:
I certify that I know or have saEisfactory evidence that
and signed this
instrument, on. oath stated that authorized to execute the instrument and acknowledged
it as tlie authorized representative of THE CITY OF AUBURN a Washinton municipal corporation
to be tIie free and voluntary act of such party for the uses and purposes mentioned in the
instruinent.
Datea: MAR 2.2 2010
My appointment expires
• ~j ~t~
' OP~h,~'.SSdph"+ir'Y i
7•,j ARY PUBLIC in and for the State of
~shington
~
ir;µ ~siding at
,
s:t,r.<•` "i
STATE OF
COUNTY OF
ss:
I certify that I know ar have satisfaCtory evidence that signed this
instrument, on oaEh stated that (he/she) was authorized to execute the instrument and
acknoWiedged it as the officer of COLUMBTA BANK to be the free and voluntary act of such party
• for the uses and gurposes mentioned in the insirument.
Dated'
My appoinhnent expires
NOTARY PUBLIC in and for the State of
Washington
residing at
' THlS IS THE LAST PAGE OF A 5 PAGE DOCUMENT, EXHIBITS AND/OR ADDENDA MAY FOLLOW.
5 of S
EXHIBIT A
TF►at portion of the J. Brennan DonatiQn Clairn Na, 38 duated in 5ecflon 7, Township Z#
North,: Range 8East,1N.M., descn'l~ed as foilows:
Beginning at the Northeas# comer of the J. Brannan bonafian C[aim No. 38;
'r-hence North 88 049'62x West 430.01 feet;
Thenc+e S o u t i i 0°52'25° W e s t 1320.42 f e e t to the True Point of Beginning;
Thence continu€ng South 01152'25" West 264.00 feet;
Thence North 88 1153'43" West 530.00 faet;
Thence Narth 0 052`25" r-ast 260.40 feet,
Thence South 88 1153143" Eas# 530.00 feet to the True Point o# Beginning;
L:ESS:the East 25 faat far street.
Situate in th$ County of King, State ofi Washington.
T AMERICAN D� Z�_
0,l
III III iii lid III
IIIIIIIiIIIIII
Return Address:
Auburn City Clerk 20150623000928
FIRST AMERICAN AM 81.00
OF 0
City of Auburn 06/23//2015F 14341
25 West Main St. KING COUNTY, WA
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Lease Addendum (Resolution 3893)
Reference Number(s) of Documents assigned or released:
❑Additional reference#'s on page_of document
Grantor(s) (Last name first, then first name and initials)
1. City of Auburn
Grantee: (Last name first)
Auburn Flight Service
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
That portion of the J Brannan Donation Land Claim No. 38 situate in Section 7, TWP 21 North, Range 5
East WM
Additional legal is on page 6 of the document.
Assessor's Property Tax Parcel/Account Number:
000080-0011
❑Assessor Tax#not yet assigned-
RESOLUTION NO. 3 8 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING AN AMENDMENT TO
AN EXISTING FIXED BASE LEASE AT AUBURN MUNICIPAL
AIRPORT WITH AUBURN FLIGHT SERVICE, INC. APPROVED
BY RESOLUTION 3181 ADOPTED FEBRUARY 22, 2000
WHEREAS, at a regular meeting of the Auburn City Council held
February 22, 2000, the Council adopted Resolution 3181 providing for Auburn
Flight Services, Inc. to assume the lease of 3.01 acres at the Auburn Municipal
Airport; and
WHEREAS, it is in the interest of the City of Auburn to amend the lease
with Auburn Flight Services, Inc. at the Auburn Municipal Airport;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The Mayor and City Clerk of the City of Auburn
are hereby authorized to execute an amendment to the Fixed Base Lease at
Auburn Municipal Airport with Auburn Flight Services, Inc., which is attached
hereto and marked as Addendum No. IV and by this reference incorporated
herein.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
Resolution No. 3893
August 8, 2005
Page 1 of 2
DATED and SIGNED THIS n
/a' DAY OF Lze.1,wca , 2005.
CITY OF AUB RN
PETER B. LEWIS
MAYOR
ATTEST:
4Da ielle E. Daskam,
City Clerk(AIr VED s 0 FORM:
Oriel B. H:ar " \
City Attorney ---------
Resolution No. 3893
August 8, 2005
Page 2 of 2
ADDENDUM NO. IV
ADDENDUM TO FIXED BASE LEASE AT AUBURN AIRPORT
�
THIS ADDENDUM made and entered into this ��L''�day of 0[C cad-
• ,
200 5 , by and between AUBURN FLIGHT SERVICES,(hereinafter referred to as"AFS")and
the CITY OF AUBURN,a municipal corporation of the State of Washington(hereinafter referred to
as the "CITY"),is an addendum to the Fixed Base Lease at Auburn Airport,dated February 27, 1978
(recorded under King County Recording Number 7806230483), amended January 3, 1984 and on
October 2, 1989 and assigned June 1,2000 whereby the lessee's interests were transferred from Sky
Services, Inc. to Auburn Flight Services, Inc.
WITNESSETH:
WHEREAS,Auburn Flight Services, Inc.has assumed the lease of 3.01 acres at the Auburn
Municipal Airport per Resolution 3181 as described in Exhibit A; and,
WHEREAS, Auburn Flight Services, Inc. wishes to relinquish a portion of the leased area
along the Northern boundary for further development at the airport by Northwest Hangars as
described in Exhibit B; and,
WHEREAS, Auburn Flight Services, Inc. will have a revised lease area as described in
exhibit C; and,
WHEREAS, Northwest Hangars is entering into a land lease with the City for the area
relinquished by Auburn Flight Services, Inc and an additional adjacent area which is described in
Exhibit D.
NOW THEREFORE In consideration of their mutual covenants, conditions and promises,
the PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO FIXED BASE LEASE AT AUBURN AIRPORT. That
Section 2 of the Fixed Base Lease at Auburn Airport, dated February 27, 1978, as previously
amended and assigned, is amended to reflect the premises described in Exhibit C hereto,reducing the
total premises of the lease from 130,680 square feet to 120,580 square feet.
ITEM TWO REVISIONS TO FIXED BASE LEASE AT AUBURN AIRPORT. That
Section 5 of the Fixed Base Lease at Auburn Airport, dated February 27, 1978, as previously
amended and assigned, reflects a rental raw of $ .25 per square feet of rental premises per
annum computed on the area described in Exhibit C hereto(120,580 square feet);and that the rental
rate shall hereafter be calculated through the formula described in Section 6 of the Fixed Base Lease
as amended and assigned.
August 9, 2005
Resolution No. 3893
Page 1
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the Fixed
Base Lease at Auburn Airport, dated February 27, 1978,as previously amended and assigned, shall
remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
AUBURN FLIGHT SERVICES CITY OF BURN
By: 742,neeM ed-leler
By:
�►�I
B Jamel cia, President Peter B. lewis , Mayor
Attest:
Danielle E. Daskam. City Clerk
Approve to fora
, D
a B. Heid, Attorney s
August 9, 2005
Resolution No. 3893
Page 2
EXHIBIT :�I A1 .
•
T'hat. portion of the J. Brannan Donation Claim No 38 situate in Section 7, .` {aC
•t Township 21 North,;Range 5 East, W.M. described as follows: tI
tY
43egin4ing at• the noftheast•corner of the J.• Brannan Donation Claim No; 38; `;
thence N 88°49'52" W 430:01 feet; thence' S 0°52'25" W 1320.42 feet to 'the ;t
'' True Point of Bgjnning, thence' eon t.i'haring S 0°52'251' W 260 00 feet, thence it
N .88°53'.43" W 530:00 feet,. thence N 0°52'25" E 260:00 feet, thence S 88°53'43 ' ' 1
�', `' E 530 Oo feet to the'True 'Point of Beginning LESS the east 25 feet for Street,. r'
situate;in the City of 'Auburn, Xing County, Washington k�,rrrc•1" .
s r'}LL }
°; 3.01 Acres
?. .I��
•
3 .g 1
S °`
•
•
• rn`i.
•1 - ..
-
•
•
•
•
•
•
•
•
•
.
i"•
•
•
•
•
•
•
•
•
•
•
Exhibit B
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1320.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 20.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 20.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
TOGETHER WITH AND INCLUDING SPECIFIC SUBSURFACE RIGHTS
CONSISTING OF THE RIGHT TO CONSTRUCT OR DEMOLISH FOUNDATION
STRUCTURES BENEATH THE SURFACE, SUCH FOUNDATIONS TO SUPPORT
HANGARS ON THE ADJOINING PARCEL DESCRIBED ABOVE, AND TO
VERTICAL AND LATERAL SUPPORT FOR SUCH STRUCTURES BUT NOT
INCLUDING MINERAL RIGHTS, IF ANY, AND INCLUDING THE RIGHT TO
DISTURB THE SURFACE FOR THE LIMITED TIME NECESSARY FOR
PURPOSES OF CONSTRUCTION OR DEMOLITION OF SUCH STRUCTURES,
PROVIDED THAT THE SURFACE IS RESTORED TO ITS PREVIOUS CONDITION
WHEN CONSTRUCTION OR DEMOLITION OF STRUCTURES IS COMPLETED,
FOR THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43"WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExhibitB-073105.doc
Exhibit C
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 240.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 240.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
SUBJECT TO SPECIFIC SUBSURFACE RIGHTS CONSISTING OF THE RIGHT TO
CONSTRUCT OR DEMOLISH FOUNDATION STRUCTURES BENEATH THE
SURFACE, SUCH FOUNDATIONS TO SUPPORT HANGARS ON THE ADJOINING
PARCEL LOCATED TO THE NORTH, AND TO VERTICAL AND LATERAL
SUPPORT FOR SUCH STRUCTURES BUT NOT INCLUDING MINERAL RIGHTS,
IF ANY, AND INCLUDING THE RIGHT TO DISTURB THE SURFACE FOR THE
LIMITED TIME NECESSARY FOR PURPOSES OF CONSTRUCTION OR
DEMOLITION OF SUCH STRUCTURES, PROVIDED THAT THE SURFACE IS
RESTORED TO ITS PREVIOUS CONDITION WHEN CONSTRUCTION OR
DEMOLITION OF STRUCTURES IS COMPLETED, FOR THE FOLLOWING
• DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52"WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25"WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25"WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExhibitC-073105.doc
Exhibit D
THAT PORTION OF THE J. BRANNAN DONATION CLAIM NO. 38 SITUATED IN
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1320.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 20.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 53.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 33.00 FEET TO THE TRUE POINT OF
BEGINNING:
LESS THE EAST 25 FEET FOR STREET;
TOGETHER WITH AND INCLUDING SPECIFIC SUBSURFACE RIGHTS
CONSISTING OF THE RIGHT TO CONSTRUCT OR DEMOLISH FOUNDATION
STRUCTURES BENEATH THE SURFACE, SUCH FOUNDATIONS TO SUPPORT
HANGARS ON THE ADJOINING PARCEL DESCRIBED ABOVE, AND TO
VERTICAL AND LATERAL SUPPORT FOR SUCH STRUCTURES BUT NOT
INCLUDING MINERAL RIGHTS, IF ANY, AND INCLUDING THE RIGHT TO
DISTURB THE SURFACE FOR THE LIMITED TIME NECESSARY FOR
PURPOSES OF CONSTRUCTION OR DEMOLITION OF SUCH STRUCTURES, .
PROVIDED THAT THE SURFACE IS RESTORED TO ITS PREVIOUS CONDITION
WHEN CONSTRUCTION OR DEMOLITION OF STRUCTURES IS COMPLETED,
FOR THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHEAST CORNER OF THE J. BRANNAN DONATION
CLAIM NO. 38:
THENCE NORTH 88 DEGREES 49'52" WEST 430.01 FEET;
THENCE SOUTH 0 DEGREES 52'25" WEST 1340.42 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 0 DEGREES 52'25" WEST 3.00 FEET;
THENCE NORTH 88 DEGREES 53'43" WEST 530.00 FEET;
THENCE NORTH 0 DEGREES 52'25" EAST 3.00 FEET;
THENCE SOUTH 88 DEGREES 53'43" EAST 530.00 FEET TO THE TRUE POINT
OF BEGINNING:
LESS THE EAST 25 FEET FOR STREET.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
ExhibitD-073I05.doc
CITY OF -*
AUBURN Nancy Backus, Mayor
WAAS H II NGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
STATE OF WASHINGTON
)ss.
COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King and
Pierce, State of Washington, do hereby certify that the foregoing is a full, true and
correct copy of Resolution No. 3893 of the resolutions of the City of Auburn,
entitled "RESOLUTION NO. 3893."
I certify that said Resolution No. 3893 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 15th day of August, 2005.
Witness my hand and the seal of the City of Auburn this 22nd day of June, 2015.
Da elle Daskam, City Clerk
City of Auburn
AUBURN * MORE THAN YOU IMAGINED