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Home My WebLink About20100219001442 Warranty Deed 02182010 1161, . . 20100219001442 " CHICAGO TITLE WD 72.00 ~ PAGE-001 OF 011 i 02/19/2010 16:04 KING COUNTY, WA E2429547 Retucp Addi+ese: 02/ 19l2010 15 : 54 CityOfAubwa KTAX COUNTY, wA $10.00 City Qelk SALE $0 . 00 PAGE-001 OF 001 25 wesc Mam - Au6urn, WA 98001 , Above this line reserved for e+eeotd'mg mftmation. WARRAN'I'Y DEED ReScreace # (if applicabie): N/A f C;rantorlso:rower safeway 1ac. ` GreatedAssipx4leneficisry: City of Auburn Legal Descripdon/STR: Portion of Sec. 25,1~vp. 21 N. Rge. 4 E. WM Assessor's Tax Paei ID#: 2521049096 (pation) Beaefited Pancxl-2521049114 For aad in consideration of die sum of TEN DOLLARS lO.OQ) aad other good and vatuable consideration, receipt of which is hereby acknowledged, Grantar, SAFEWAY INC., a Delaware corporation, hereby c;onveys and warrants to the G7TY OF AUBiTRN, Gramtee herein, a municipal corporation of the State of Washingtoa, its successors and assigns, the property legally descnbed aad depicted in Exhbit "A," Iattached hereto aad inooiporated herein by this refereace (the "Acqeured ProPerty-'), reserving an access easement as set forth beIow. Grantor ;shall reserve a non-exclusive easemeat (the "F.aseaient"l for Graator's use aad vse by its heus, assigns, successors, agents, emPloyees, mvitees and liemsees, for the beaefit of the Safeway Property, as described herein, over a portion of the Acquired Property, which Easement is legally descn'bed aad depicted in Exhibit "B," attached herefo aaa incorporated herein by this reference (the "Easemeat Area') under the following terms. a The Easement Area sha11 be for Grautor's "emergency use," for ingms and egress to the property legally described aad depicted ia Ex2ubit "C," attaGhed hereto and inoorporatad herein by this reference (the "Safeway Property"), so long as Crantor's use does nat restrict or curtail Crrantee's use of the Easement Area, or interfere with Crrantor's use of the Safeway Property. b. For the purposes hereo~ "emergency,use" by Grantor meaes a temporary use by Graator of the Easement Area aecessitated by either (i) a blockage of an other access routes available to C3raator to enter or exit Gaaator's facilities on tfie Safeway . Praperty, wheTe the blockage is caused by a public works Pro,ject, an outside utility City of Aubum/Safeway Agreetnent Page I of 9 ' , ; . 'ect,.or an uaforeseen accideat or event in the public right,of-way or (ri) a business n~eces~ity. of Cnautor's, Provided that Grantor sballfirst i~equest Graatee's permission far emergency use as a business necessity, which C3rantee shatl .not imreasonably withhold, delay or condition. Crrantor's right to use the Easement Area shatl cease as soon as the blockage of any other access routes is removed, or cleared or the business necessity no longer exists. c. Gaaator, may further use the Easement Area for regular non-emergeacy access to the .SafewaY ProPcrtY iA and only K Graator makes, at its sole crosf and expense, aaY necessary Physical improvements and pays saY hansportatiori improve,meat costs oi fees in accordance .with applicabie law at the time Grantor chooses to make. regular non-emergency,:use of the Easement Area for access. Such regular noa- emergeacy use and unprovements shall not re.sbricx or curtail Graatee's use of the Easement Area. d`... Graatee agcees at such mne as - it madifies tlze existiag fence on the _ Acquired Property, it will construct a fence, along. the Southerly boundary of the - AcqWred ProPdrtY, tyii5 it into the existiag feaces exteading to the South onto the SafevvaY ProPertY. $aid feance to be oonsuvcted of compahble materials to the existing fences : and to include a manual, chain link gate at a:location to be agreed upon, sized to - allow 2-way tiuck traf6a All fence work shatl lie done in a manner that will maintain Safeway's security at all times. . e.: The Easement and its `terms shall oonstitute a covenaat running with the Safeway Pnogerty aad burden the A«iuired PropertY, and shall be binding on die successots, hens and assi0s of 'the parties hereto, for the benefit of the Safeway _ Property, as specified herein. • . For and in consideratiori hereof, TFE PARTIES HERE'I'O FLJRTfiBR AGREE as - :fbllows: City of Auburn/Safeway Agreement Page 2 of 9 : . , IN WI'INESS WHEREOF, the parties have caused this instrmmeat to be executed by its proper off cer(s) this day of .2010. Grantor: Grantee: Safeway Inc. The CYty of Aabarn I By: By' i ~ Its: Assistant Vice-Presideat Its: ~ Date Signed• B. Its Assistanf Secretary: Date Signed• 2- - I"'S -o Ol 0 , STATE OF ps. ~ Couaty of ) I cmtify that I kaow or have natli evidence thaf is the ' pason who appeamd before me, a on acknowledged that hdshe signed this instroment, on oathstated tliei.heJshe was to ar . the iaswmcnt and aclmowledgod it as the ~ Safeway Inc., a n, bo be the free aad voluntary act of snch perty for the uses and mentioned ffi this mstiumea Dated Notary PubIic ia and fvr the StaLe of STATE OF WASHINGTON ) rcsidiag at )ss• MY appommiedt expirea Connty of Kmg ) - I certify that I lmow or have satisfactory evideace that is the ' person who app~ned befane me, and said'-petson aclmawledg+ed tbat he/she sigted diis insmmmu, on oath stated that heJshe was anthorized to acecute the iastrumeat and ackaowledged it as the . of the City of Aubuia, a Wasbingbon muaieipal cmpocation, to be the fi-ee and vahtatary ad of snch pariy for the ages and purposes men6oaed in this iastrument Dated Notary Public in and for the Stste of residing at MY aPPQiatmeni expires City of Auburn/Safeway Agreement Page 3 of 9 ; ~ I.....'. i . . - . , y I i ` ~ ' EXHIBIT A - DEED ~ IN WITNESS WHEREOF, the parties have caused this inshvment to be executed by its groper officer(s) this day of i--c b. , 2010. ~ Grantor. Grantee: ~ ! Safeway Inc. The ~ By: BY , Its: Assistant Vice-President Its: MAY OR _ ' Date Signed: ' By. i ' Its Assistant Secretary . , ; ; Date'Signed: I , sTATE oF ~ ~ couaty of i I I certi that I know or have sahsfacW evidence that is the ' Pets PPeared Pason lmowledged that heJshe ' I I instrument and acknowledgedgned this instivment, on it as the l oath tated that heJshe was authonzed to ~te the si of Safeway Inc., a corporation, to be the &ee and voluntary act of snch party I , for the uses and puiposes mentioned in this iastrument. ! ~ i j Dated ; ~ . Notary Pubtic in sud for the State of ~ STATE OF WASHINGTON. ) residing at ~ )ss. My appointment expires i , ~ County of King ) I I I certify that I imow or have satisfacfory evidence that `e71e! 8~~ S is the person who appeared before me, and said person ackaowledpd that heJshe signed tlris insWment, on ~ oath stated that he/s e was anthorized to execute the instiument and aclmowlodged it as the i, ~ M 19- ~'!l of the City of I Auburn, a Washington municipal corporarion, to be the free and voluatary act of such patty for the j uses and puiposes mentioned in this insttumeaL Dated i x'.',1111~~"• ~ ~lotary Public ia and for the State of , at i/Yl [.c_. Gu j G~ L t G = = MY BPPoiatment expires /0- L S- Ze . i City of Auburn/Saf evq i Page3 of9 ~o'` ~ i ~ ; ; - I ~ ~ - : . ~ _ - - _ - 1 EXHIBTT "A" THAT PORTION OF THE NORTHEAST QUARTER OF SEG"I'ION 253, TOWNSHIP 21 NORTH, RANGE 4 EAST; WII.I.ANIETTE MERIDIAN, KING. COUNTY, WA3HINGTON, MORE. PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 430 FEET OF LC)T 1 OF THE C1TY OF AUBURN LOT LINE ADNSTMENT NO. LLA02-0015, AS RECORDED UNDER ' RECORDING NO. 20020725001632, RECORDS OF SAID COiJNTY, AS MEASURED PERPENDICULAR TO THE MOST NORTHERLY LINE OF SAII? LOT 1, SAID MOST NORTHERLY LINE BEARING SOUTH 89° 12' 14" EAST, A DISTANCE OF 57.79 FEE'T. , SAID PROPERTY BEING A PORTION OF KING COUNTY. ' ASSESSOR'S TAX PARCEL NO. 2521049096. ; ; 1 ' . I ' I J City of AuburnlSafeway Agreement - Page 4 of 9 . . S 89'12'14' E 57.79' ; i N 41'06'42' W 8Z.34' 1.2 Acre Safeway Parcel . mN J ~ J L-630.W rn R-503.11• G=5936'03' , 5 69'12'14• E 236.92' ~ y , 0' 209' 400' . . . . . l~a20W . . co . ~ ~ . ~ ~~PO p 6~2 0 ' -715 2oo 0 ~ v~N o~o`N , 05 p,~y~ R~C GOVN R. rn a ej°~►~c THIS EXHIBIT MAP IS BASED ON CITY OF AUBURN • LOT UNE AD.A/STMENT LU402-0015 REDORDW UNDER K1NG COt1NTY RECORQING NUMBER 20020725001632 - . AND DOES NOT REPRESENT A BOUNDARY SURVEIG ` . Exhfbit for 1.2 Acre Safeway Parcel EXHBR MAP TO ACCOMPANY LEOAL DE$CRIPTION arr oF aueuar~ Pueuc waKKs 25 WEST NAIN S7REET F9bnY8fY 11. 2008 AU131RN. WA 98001 i. ~ ~ . a EXHIBIT "B" ~ LEGAL DESCRIPTION OF THE EMERGENCY ACCESS ROAD , THAT PORTION OF LOT 1 OF CITY OF AUBURN LOT LINE . ADJUSTMENT NUMBER LLA02-0015, RECORDED UNDER . RECORDING NUMBER 20020725001632, RECORDS 4F KING COUNTY, WASHINGTON, SAID PORTION BEING DESCRIBED AS FOLLOWS: CONAENCING AT THE MOST NORTHEItLY NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 11017'51" EAST ALONG THE EAST LINE OF , SAID LOT 1 A DISTANCE OF 376.73 FEET TO THE TRLTE POINT OF BEGINNING; _ . THENCE COTf'TINUIIVG SOUTH I1017' 51" EAST ALONG SAID EAST LINE OF SAID LOT 1 A DISTANCE OF 63.03 FEET TO A LINE ' PARALLEL WTTH AND 430.00 FEET SOUTH OF THE NORTH LINE ' OF SAID LOT 1; THENCE,NORTH 89°12'14" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 236.92 FEET T4 THE WESTERL,Y IDGE OF SAID LOT 1 AND BEGINNING OF A N4N TANGENT CURVE TO THE LEFT HAVIlNG A RADIUS OF 603.11 FEET ('TfiE RADNS CENTER OF SAID CURVE BEARS NORTH 57°25'35" WESTj; THENCE NORTHEASTERLY ALONG SAID WESTERLY EDGE OF SAID LOT 1 AND ALONG SAID CURVE THItOUGH A CENTRAL - ANGLE OF 8°51'16" AN ARC LENGTH OF 93.20 FEET; - THENCE LEAVIlNG SAID WESTERLY EDGE SOUTH 78°3749„ Y : EAST A DISTANCE OF 82.17 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADNS OF 395.00 FEET; - THENCE EASTERLY ALONC3 SAID CURVE THROUGH A . CENTRAL ANGLE OF 12032'2T' AN ARC LENGTH OF 86,46 FEET; THENCE NORTH 88049'44" EAST A DISTANCE OF 14.13 FEET TO THE EAST LINE OF SAID LOT 1 AND TEE TRUE POINT OF BEGIIfNING. THE ACCESS ROAD CONTAINS 14,406 SQUARE FEET (0.331 ACRES), MORE OR LESS. City of AubumlSafeway Agreement ~ Page 6 of 9 ; (THE BASIS OF BEARINCS FOR THIS DESCRIPTION IS CiTY OF AUBURN I.OT LINE ADNSTMENT LL02-0015 RECORDED UNDER KIATG' COUNTY RECORDING NUMBER 20020725001632.) , City of Aubtan/Safeway Agreement. - Page 7 of 9 _ . ~ 1 ~ . I THE MOST NORTHERLY NORTHEAST CORNER OF LOT 1 QF LLA02-0015 ~ S 89'12'14' E 57.79 N 01'08'42 W 92.34' N ~ I 0' 100, 200' rf + A ~ t•-too' ~ u ~ N 88'49'44• E 14.13' CURVE DATA R-395.00' &-12~2'27'1 8217" ! \ ~ ~A~93.~20 ' , 4 _ + ~ ~ Erner+p Road Acoeae n TOTAL CURVE N 88'12 14 w ~s.sz ~ ` L-s3o.as' ; . Qm59,56~j03_ ~ V~NE 2~ . . ~ Pvp ONGSp~P , Z R. ~ - ~ ~ d~,~g• 9~p~~ THIS EXHIBlT MAP IS BASED ON piY OF AUBl1RN LOT UNE AOJUSTMENT LLA02=0015 RECORDED UNDER ' ~HAL LA K(NG COUNTY RECORDING NUMBER 20020725001632 - • - - AND DCES NOT REPRESENT A.-BOU-NQ-ARY.SURVEY. ~A-TYOF . Exh~it foP Er~ergency_ Road Acc:eas EXh~l1' MAP ~'O ACCOMPANY LEC3AL DE~TION aueu~ a~ireuc waRcs PART OF EXH~T 8 25 wES'r Mauy s7tEE7' . Oe~oberlZ. Mm AUBURN. WA 98001 ' . ; EXHIBTT "C" I BENEFITED PROPERTY LOT 1 OF GTfY OF AUBURN LOT LINE ADNSTMENT NUMBER LLA02-0015, RECORDED UNDER. RECORDING NUMBER 20020725001632, RECORDS OF KING COUNTY,'WASHNGTON, EXCEPT THE NORTH .434 FEET OF LOT 1 OF SAID CTTY OF _ . : AUBURN LOT LINE ADJUSTMEIVT NUMBER LLA02-0015, AS , RECORDED UNDER RECORDING NUMBER 20020725001632, ; RECORDS OF SAID COUNTY, AS MEASURED PBRPENDICULAR_ TO THE MOST NORTHERLY LiNE OF SAID I:OT 1, SAID MOST - NORTHERLY LINE BEARING SOUTH 890 12' 14" EAST, A DISTANCE OF 57.79 FEET. ~ j ~ , I ~ ~ . i i. i i. City of Auburn/Safeway Agreement ' Page 9 of 9 i . ~ ACKNOWL,EDGMENT STATE OF CALIEORNIA ) ) ss. County of Alameda ) On February 18, 2010, before me, Delia Nicolas Miller, Notary Public, personally appeared Ann C. Elliott and Dana. Waller to be the persons subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the inshument the persons, or the entity upon behalf of which tlie persons actezl, executed the instrzment. I certify: under PENALTY OF PERJLTRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea1. - DELIA NICOLAS MILLER Commfssion # 1867264 Notary Public - Cal ~Ornia ~ Signature Alameda Coun ~ Comm. Ex ires Nov 1, 2013