HomeMy WebLinkAbout4981 RESOLUTION NO. 4 9 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO NEGOTIATE AND EXECUTE A
REAL ESTATE EXCHANGE AGREEMENT WITH
JPMORGAN CHASE BANK
WHEREAS the City owns certain real property, which property is located
adjacent to a Bank and is currently used for City parking; and
WHEREAS, the Bank owns certain real property, which property is
currently used for Bank overflow parking; and
WHEREAS, the City is willing to transfer a fee interest of a portion of the
City Property to the Bank and grant the Bank a parking easement over, across
and upon a portion of the City Property in exchange for the Bank Property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows.
Section 1. The Mayor of the City of Auburn is hereby authorized to
negotiate the final details of and execute a Real Estate Exchange Agreement
with JPMorgan Chase Bank, which Agreement shall be in substantial conformity
with the Agreement attached hereto as Exhibit "A."
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
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Resolution No. 4981
July 31, 2013
Page 1 of 2
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this .5 day of 2013
R
PE ER B WIS, MAYOR
ATTEST- n /
Danielle E. Daskam, City Clerk
APPR VED O FORM:
Daniel B. Held, City Attorney
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Resolution No 4981
July 31, 2013
Page 2 of 2
REAL ESTATE EXCHANGE AGREEMENT
THIS REAL ESTATE EXCHANGE AGREEMENT (this "Agreement") is entered
into this 31'"day of October, 2013, by and between the CITY OF AUBURN, a Washington
municipal corporation(the"City"),and JPMORGAN CHASE BANK,N.A.,(the"Bank").
RECITALS
WHEREAS, City is the owner of certain real property located in the City of Auburn,
King County, Washington, as more particularly described in Exhibit "A," attached hereto
and incorporated herein by this reference (the "City Property"). The City Property is
adjacent to an existing Bank branch located at 24"A" Street SE,Auburn,Washington 98002
(the"Bank Branch"). The City Property is currently used for parking.
WHEREAS, Bank is the owner of certain real property located in the City of Auburn,
King County, Washington, as more particularly described in Exhibit "B," attached hereto
and incorporated herein by this reference (the "Bank Property"). The Bank Property is
currently used as overflow parking for the Bank Branch.
WHEREAS,both parties have reason to believe that Bank is the Actual owner of the
property legally described on Exhibit C, attached hereto ("Parcel #7331400235"), which is
situated in King County,Washington,the County Assessor's records show that the City is the
owner of the property.
WHEREAS,City is willing to transfer a fee interest of a portion of the City Property
("Parking Lot Property") and a fee interest in Parcel#7331400235 to Bank and grant Bank a
parking easement over, across and upon a portion of the City Property in exchange for the
Bank Property and in accordance with the terms and conditions set forth in this Agreement.
WHEREAS, Bank and City have determined that the Bank Property,on the one hand
and the City Property and Parking Easement(as defined below)on the other hand, and rights
to be exchanged therewith have approximately equal fair market values.
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,Bank and City agree as follows:
AGREEMENT
I. Real Prooertv to be Exchanged.
1.1 Subject to the terms and conditions set forth in this Agreement,City agrees to
convey to Bank two parcels, Parcel#7331400235, via quit claim deed, and, via a boundary
line adjustment and special warranty deed,that portion of the City Property legally described
on Exhibit 0'D" ("Parking Lot Property"), attached hereto and incorporated by this
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reference, the combined properties being shown in Exhibit E, attached hereto and
incorporated by this reference(the"Conveyed Property").
1.2 Subject to the terms and conditions set forth in this Agreement, City agrees to
grant to Bank those easements,rights and consideration set forth in Section 4 below.
1.3 Subject to the terms and conditions set forth in this Agreement,Bank agrees to
convey to City,via special warranty deed,the Bank Property.
2. Delivery of the Agreement to Title ComnanY. Upon mutual execution of this
Agreement, City shall deliver a copy of the same to First American Title Insurance Company
at their office located at 818 Stewart Avenue, Suite 800, Seattle, Washington, Attention
Donna Koerber(the "Title Company"), which shall serve as escrow agent for the closing of
this transaction.
3. Consideration for Exchange. Bank and City agree that the Conveyed Property and
the easements and rights set forth in Section 4 below have an approximate equal fair market
value to the Bank Property and that the closing of this transaction requires no additional
consideration other than the transfers as provided for herein.
4. Title to Property.
4.1 CConveyance.
4.1.1 The Conveyed Property. City shall deliver to the Title Company(a)the
final, approved and fully executed BLA materials (the "BLA Materials"), which the Title
Company shall record with the King County Auditor's Office at Closing, and (b) duly
executed and acknowledged special warranty and quitclaim deeds conveying the Conveyed
Property to Bank,subject only to the Permitted Encumbrances(the"City Dee(r").
4.1.2. The Parking Easement. Bank and City shall deliver to the Title
Company a duly executed and acknowledged Parking Easement in that fort attached hereto
as Exhibit"D"and incorporated by this reference(the"Parking Easement'.
4.1.3 The Bank Property. Bank shall deliver to the Title Company a duly
executed and acknowledged special warranty deed conveying the Bank Property to City,
subject only to the Permitted Encumbrances (the `Bank Deed" and together with the City
Deed, collectively, the"Deeds").
"Permitted Encumbrances" shall mean: (a) encumbrances and defects approved or
deemed approved under Section 4.4 of this Agreement;(b) the lien of real estate taxes for the
current and future years not yet due and payable; and (c) rights reserved in federal patents,
building or use restrictions general to the district and building or zoning regulations or
provisions shall not be deemed encumbrances or defects.
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At Closing, the Title Company shall record the Parking Easement immediately
following the recordation of the BLA materials and the Deeds.
The deliveries and conveyances set forth herein are a condition to Closing. The failure of
either party to make the deliveries required of that party hereunder shall constitute a default
by that party; provided, that all contingencies set forth in this Agreement have otherwise
been satisfied.
4.2 Preliminary Commitment, Upon mutual execution of this Agreement, City
shall order a preliminary commitment for an owner's standard coverage policy of title
insurance for the Conveyed Property and Parking Easement to be issued by the Title
Company and accompanied by copies of all documents referred to in the commitment. Upon
mutual execution of this Agreement, Bank shall order a preliminary commitment for an
owner's standard coverage policy of title insurance for the Bank Property to be issued by the
Title Company and accompanied by copies of all documents referred to in the commitment.
4.3 Intentionally Deleted.
4.4 Title Policies. City shall cause the Title Company to issue to Bank at Closing
a standard coverage owner's policy of title insurance for the Conveyed Property in the form
of title pro forma approved by the Bank(the"Conveyed Property Title Policy"). Bank shall
cause the Title Company to issue to City at Closing a standard coverage owner's policy of
title insurance for the Bank Property in the form of pro forma policy approved by the City
(the"Bank Property Title Policy").
5 Conditions to Closin¢.
5.1 City Council and City Board Approval. This Agreement, and the transaction
contemplated hereby, must be approved by the Auburn City Council prior to November 4,
2013. If said approval is not obtained as required heroin, for any reason whatsoever, and
City does not otherwise waive this condition in writing, this Agreement will terminate and
neither party will have any further rights or obligations under this Agreement.
5.2 Boundary Line Adiustment. The parties acknowledge and agree that a
boundary line adjustment will be necessary to effectuate the transfer of the described portion
of the Conveyed Property, and that this Agreement is conditioned upon the approval of the
boundary line adjustment by all government agencies having jurisdiction over such boundary
line adjustment. City,at City's sole cost and expense,shall submit an application to the City
of Auburn, Washington, for a boundary line adjustment (the `BLA') for the purpose of
conveying the Conveyed Property. City shall use its good faith and reasonable best efforts to
complete the processing and approval of the BLA application at least three (3) days prior to
Closing. The City shall keep Bank reasonably apprised of the application process, and
immediately notify Bank of any anticipated problems or delays with such application. City
makes no representations or warranties with respect to the BLA application process and has
offered Bank no assurances or representations relating to the BLA application process.
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If the BLA has not been approved prior to November 4,2013, then either party may
terminate this Agreement upon written notice to the other party or, if the Agreement is not
terminated, the Closing Date shall be extended until the BLA has been approved. Neither
party shall have any additional recourse or remedy against the other party.
5.3 Intentionally Deleted.
5.4 Title. Bank shall have received an updated title commitment or pro forma
title policy for the Conveyed Property in such form as shall be acceptable to Bank. The City
shall have received an updated title commitment or pro forma title policy for the Bank
Property in such form as shall be acceptable to the City. If prior to closing either party has
notified the other party of defects or encumbrances that the party objects to in the respective
preliminary commitment, any pro forma title policy, or any updates thereto, that party may
terminate this Agreement and neither party will have any further rights or obligations under
this Agreement.
6. Condition of the Conveyed Property and Bank Property.
6.1 Bank's and City's Covenant to Operate and Maintain.
6.1.1 City's Covenants. Prior to closing,City shall maintain,repair,manage
and operate the Conveyed Property in a businesslike manner in accordance with City's prior
practices, City agrees that it will not knowingly damage, dissipate or commit waste on any
portion of the Conveyed Property, or through inaction permit any damage, dissipation or
waste on any portion of the Conveyed Property, between the Effective Date of this
Agreement and the Closing Date. City shall convey the Conveyed Property to Bank in as
good condition as exists on the date of this Agreement,normal wear and tear excepted,
6.1.2 Bank's Covenants. Prior to closing, Bank shall maintain, repair,
manage and operate the Bank Property in a businesslike manner in accordance with Bank's
prior practices. Bank agrees that it will not knowingly damage, dissipate,nor commit waste
on any portion of the Bank Property, or through inaction permit any damage, dissipation or
waste on any portion of the Bank Property,between the Effective Date of this Agreement and
the Closing Date. Bank shall convey the Bank Property to City in as good condition as exists
on the date of this Agreement,normal wear and tear excepted.
6.2 Inspections.
6.2.1 By Bank. Bank agrees that it will rely on its own inspections and
evaluations with respect to the suitability of the Conveyed Property for Bank's intended use,
with the exception of City's representations and warranties listed in Section 7 below.
6.2.2 By City. City agrees that it will rely on its own inspections and
evaluations with respect to the suitability of the Bank Property for City's intended use,with
the exception of Bank's representations and warranties listed in Section 8 below.
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7. City's Representations and Warranties. City represents and warrants to Bank as
follows:
7.1 Claims or Litigation. To the best of City's actual knowledge, there is no
litigation pending or threatened against City(or any basis for any claim)that arises out of the
ownership of the Conveyed Property or is otherwise related to the Conveyed Property and
that might materially and detrimentally affect (i) the use or operation of the Conveyed
Property for Bank's intended use, or (ii) the ability of City to perform its obligations under
this Agreement,or(iii)the value of the Conveyed Property. For purposes of this Agreement,
the "City's actual knowledge" shall be deemed the actual knowledge of Elizabeth
Chamberlain,Planning Manager of City.
7.2 Defaults. City has received no notice of any default or breach by City under
any covenants, conditions, restrictions, rights of way or easements that may affect City in
respect to the Conveyed Property or that may affect the Conveyed Property or any portion
thereof and no such default or breach now exists.
7.3 Hazardous Substances. City has no actual knowledge of the release of or
presence of any hazardous materials on, in,from or onto the Conveyed Property ("hazardous
materials" meaning any hazardous or toxic substance, petroleum product or wastes that are
regulated or subject to cleanup authority under any state,federal or local statute,regulation or
ordinance).
8. Bank's Representations and Warranties. Bank represents and warrants to City as
follows:
8.1 Claims or Litigation. To the best of Bank's actual knowledge, there is no
litigation pending or threatened against Bank (or any basis for any claim) that arises out of
the ownership of.the Bank Property or is otherwise related to the Bank Property and that
might materially and detrimentally affect (i) the use or operation of the Bank Property for
City's intended use, or (ii) the ability of Bank to perform its obligations under this
Agreement, or (iii) the value of the Bank Property. For purposes of this Agreement, the
"Bank's actual knowledge"shall be deemed the actual current knowledge of Rob Rios.
8.2 Defaul . Bank has received no notice of any default or breach by Bank under
any covenants, conditions, restrictions, rights of way or easements that may affect Bank in
respect to the Bank Property or any portion thereof and no such default or breach now exists.
8.3 Hazardous Substances. Other than those matters disclosed in any
environmental report delivered to or obtained by the City prior to Closing, the Bank has no
actual knowledge of the release of or presence of any hazardous materials on, in, from or
onto the Bank Property ("hazardous materials" meaning any hazardous or toxic substance,
petroleum product or wastes that are regulated or subject to cleanup authority under any
state,federal or local statute,regulation or ordinance).
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9. Closing. This transaction will be closed in escrow by the Title Company acting as
escrow agent. The closing will be held at the office of the Title Company on or before
November 11,2013 (the"Closing Date"). When requested by the Title Company, Bank and
City will deposit with the Title Company without delay all instruments and moneys required
to complete the transaction in accordance with this Agreement. "Closing,"for the purpose of
this Agreement, is defined as the date that all documents provided for hereunder are
executed, and legal title is exchanged between Bank and City as contemplated in this
Agreement.
10. Closing Costs Proration and Miscellaneous Costs. Taxes and assessments for the
current year, collected rents, water, and other utilities shall be prorated as of the Closing
Date.
10.1 city's Costs. City shall pay for the following closing costs: (a) all costs for
all survey work, all application and other fees associated with boundary line adjustment; (b)
the cost of recording the City Deed;(c) the premium for the policy of title insurance for the
Bank Property (including any excess in title insurance premium for extended coverage title
insurance); (d) one half of the Title Company's escrow fee, (e) real estate excise tax for the
Conveyed Property; and (f) all real estate broker commission, including the City's Broker.
At Closing, the City shall pay to Bank the additional sum of$10,000 for Bank's diligence
costs. Each party shall bear the costs of its own appraisal.
10.2 Bank's Costs. Bank shall pay for the following closing costs: (a)the cost of
recording the Bank Deed; (b)the premium for the policy of title insurance for the Conveyed
Property (including any excess in title insurance premium for extended coverage title
insurance); (c) one half of the Title Company's escrow fee; and(d)the real estate excise tax
for the Bank Property. Each party shall bear the costs of its own appraisal.
11. Casualty Loss.
11.1 City shall promptly notify Bank of any event prior to the Closing Date which
causes damage to or destruction of any portion of the Conveyed Property. If Bank and City
cannot come to an agreement regarding any such damage to or destruction of the Conveyed
Property, including the settlement of any insurance claims, then Bank and City will each
have the right to terminate this Agreement by giving written notice of termination to the
other party within twenty(20)days after receipt of actual notice of such casualty loss. Upon
exercise of such termination election by either party, this Agreement will terminate and
neither party will have further recourse or remedy against the other.
11.2 Bank shall promptly notify City of any event prior to the Closing Date which
causes damage to or destruction of any portion of the Bank Property. If Bank and City
cannot come to an agreement regarding any such damage to or destruction of the Bank
Property, including the settlement of any insurance claims, then Bank and City will each
have the right to terminate this Agreement by giving written notice of termination to the
other party within twenty(20) days after receipt of actual notice of such casualty loss. Upon
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exercise of such termination election by either party, this Agreement will terminate and
neither party will have further recourse or remedy against the other.
12, Possession. City shall deliver possession of the Conveyed Property to Bank on the
Closing Date and Bank shall deliver the Bank Property upon Closing.
13. Events of Default. In the event City or Bank fails,without legal excuse,to complete
the exchange contemplated herein, the non-defaulting party may pursue any remedies
available to it in law or equity, including specific performance.
14. Notices. Any notice under this Agreement must be in writing and be personally
delivered, delivered by recognized overnight courier service, given by certified mail or via
facsimile. E-mail transmission of notice shall not be effective. All notices must be
addressed to the parties at the following addresses, or at such other addresses as the parties
may from time to time direct in writing:
City: City of Auburn
25 West Main Street
Auburn,WA 98001-4998
Attention: Elizabeth Chamberlain,Planning Manager
Telephone: 253.931.3092
Facsimile: 253.804,3114
Email: echamberlain@aubumwa.gov
Bank: JPMorgan Chase Bank,N.A.
Global Real Estate Transactions
1111 Polaris Parkway,Suite OHl-0249
Columbus,OH 43240
Attention: Robert M.Rios,Jr.
Telephone: 614.217.1312
Facsimile: 614.737.0667
Email: rob.x.rios@chase.com
and to: JPMorgan Chase Law Department
1111 Polaris Parkway,Suite 4P
Mail Code OH1-0152
Columbus,OH 43240
Attention: Real Estate Counsel
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With a copy to:
Davis Wright Tremaine LLP
1201 Third Avenue,Suite 2200
Seattle,WA 98101-3045
Attention: Anthony T.Caso
Telephone: 206.757.8273
Facsimile: 206.757.7273
Email: anthonycaso()adwt,com
Any notice will be deemed to have been given when personally delivered,and if delivered by
courier service,upon receipt,and if mailed, on the date that the return receipt for the certified
mail was signed by the recipient or returned unclaimed by the U.S. Postal Service, and if
delivered by facsimile,the same day as verified.
15. Countemarts• Faxed Signatures. This Agreement may be executed in any number of
counterparts and by different parties hereto, each of which counterpart when so executed
shall have the same force and effect as if that party had signed all other counterparts.
Facsimile transmitted signatures shall be fully binding and effective for all purposes.
16. Brokers and Finders. Each party represents and warrants to the other that, to such
party's knowledge, no broker, agent or finder is involved in this transaction other than,
Coldwell Banker Danforth & Associates (the "City's Broker'). In the event any broker or
other person makes a claim for a commission or finder's fee based upon the transaction
contemplated by this Agreement, the party through whom said broker or other person makes
its claim shall indemnify and hold harmless the other party from said claim and all liabilities,
costs and expenses related thereto, including reasonable attorneys' fees, which may be
incurred by such other party in connection with such claim. This indemnity shall survive the
closing of this transaction.
17. Amendments. This Agreement may be amended or modified only by a written
instrument executed by City and Bank.
18. Governing Law. This Agreement will be governed and construed in accordance with
the laws of the state of Washington. Venue for any dispute arising hereunder shall be Kitsap
County, Washington.
19. Attorney Fees. If either party brings suit to enforce any of its rights under this
agreement,each party shall bear its own costs and attorney's fees in any such litigation.
20. Time of the Essence. Time is of the essence of this Agreement and of all acts
required to be done and performed by the parties hereto.
21. FIRPTA. The Title Company is instructed to prepare a certification or equivalent that
each of Bank and City is not a"foreign person' within the meaning of the Foreign Investment
in Real Property Tax Act ("FIRPTA"), and each party agrees to sign its respective
certification.
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22. Waiver. Neither City's nor Bank's waiver of the breach of any covenant under this
Agreement will be construed as a waiver of the breach of any other covenants or as a waiver
of a subsequent breach of the same covenant.
23. Assignment. Neither party shall assign this Agreement without the other party's prior
written consent,which consent may not be unreasonably withheld or delayed.
24. Negotiation and Construction. This Agreement and each of its terms and provisions
are deemed to have been explicitly negotiated between the parties, and the language in all
parts of this Agreement will, in all cases,be construed according to its fair meaning and not
strictly for or against either party.
25. Additional Acts. Except as otherwise provided herein, in addition to the acts and
deeds recited herein and contemplated to be performed, executed and/or delivered by any
party hereto, the parties agree to perform, execute and/or deliver, or cause to be performed,
executed and/or delivered, any and all such further acts, deeds and assurances which may
reasonably be required to effect the Agreement contemplated herein.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the transaction and exchange set forth herein,and supersedes all prior
agreements and understandings, oral or written, between the parties relating to the subject
matter of this Agreement.
27. No Reliance on Documents. Except as expressly stated herein and in the Deed or any
other document which is required to be delivered by at Closing, each party makes no
representation or warranty as to the truth, accuracy or completeness of any materials, data or
information delivered or given by either in connection with the transaction contemplated
hereby. Each party acknowledges and agrees that all materials, data and information
delivered or given by Seller to Purchaser in connection with the transaction contemplated
hereby are provided to as a convenience only and that, except as otherwise expressly stated
herein or in the Deed or any other document which is required to be delivered at Closing,any
reliance on or use of such materials,data or information by Purchaser shall be at the sole risk
of Purchaser.
28. AS-IS SALE. EACH PARTY ACKNOWLEDGES THAT IT HAS ENTERED
INTO THIS AGREEMENT WITH.THE INTENTION OF MAKING AND RELYING
UPON ITS OWN COMPLETED INVESTIGATION OF THE PHYSICAL,
ENVIRONMENTAL, ECONOMIC AND LEGAL CONDITION OF THE PROPERTY.
SUBJECT TO THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH
IN THIS AGREEMENT OR IN THE DEED OR ANY OTHER DOCUMENT DELIVERED
AT CLOSING, EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS NOT
RECEIVED FROM THE OTHER ANY ACCOUNTING,TAX,LEGAL,DEVELOPMENT
PLANNING, ENVIRONMENTAL, ARCHITECTURAL, ENGINEERING,
MANAGEMENT OR OTHER ADVICE WITH RESPECT TO THIS TRANSACTION
AND IS RELYING SOLELY UPON THE ADVICE OF ITS OWN ADVISORS.
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EACH PARTY ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY
SET FORTH IN THIS AGREEMENT, THAT THE OTHER PARTY NOR ANYONE
ACTING ON SUCH PARTY'S IS MAKING OR HAS AT ANY TIME MADE ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER,EXPRESS
OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE
PHYSICAL, STRUCTURAL OR ENVIRONMENTAL CONDITION OF THE PROPERTY
OR ITS COMPLIANCE WITH LAWS.
EACH PARTY ACKNOWLEDGES AND AGREES THAT UPON CLOSING THE
PROPERTIES SHALL BE CONVEYED AND EACH SHALL ACCEPT THE SUCH
PROPERTY "ASS IS WHERE IS WITH ALL FAULTS", EXCEPT TO THE EXTENT
EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN THE DEED OR
ANY OTHER DOCUMENT DELIVERED BY SELLER TO PURCHASER AT CLOSING.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date
set forth above.
BANK CITY
JPMORGAN CHA N.A., CITY OF AUBURN,a Washington
municipal corporation
By: By:
Name: cvt Q. w r. Name: Peter B.Lewis
Its: yP Its:
ATTEST:
Danielle E.Daskam,City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,City Attorney
Signature page to Real Estate Exchange Agreement
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date
set forth above.
BANK CITY
JPMOROAN CHASE BANK,N.A., CITY OF AUBURN, a Washington
munici a rporation
By: By:
Name: Name, Peter]),Lewis _
Its: Its: 199
ATTEST: y
Z�Qv
Dahielle E. Daskam,City Clerk
M APP ED O F
Daniel B, Hei , y Atromfy
Signature page to Real Estate Exchange Agreement
INDEX OF EXHIBITS
TO
REAL ESTATE EXCHANGE AGREEMENT
Exhibit"A": Legal Description and Map of City's Property
Exhibit"B": Legal Description and Map of Bank Property
Exhibit"C": Legal Description and Map of Parcel#7331400235
Exhibit"D": Legal Description of Parking Lot Property
Exhibit"E": Legal Description and Map of Conveyed Property
Exhibit"F": Form of Parking Easement
Index of Exhibits
Exhibit"A"
to
Real Estate Exchange Agreement
Legal Description of City's Property
ORIGINAL LEGAL DESCRIPTION
CITY OF AUBURN TPN'S 7331400135 AND 7331400235
PARCEL A:(TPN 733 1400135)
A TRACT OF LAND IN LOTS 2,3 AND 9,OF RIVERVIEW ADDITION TO AUBURN,
ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,records OF KING
COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF LOT 9 IN SAID RIVER VIEW
ADDITION,WHICH POINT IS THE SOUTHEAST CORNER OF LOT I IN SAID ADDITION;
THENCE NORTH 88"24'EAST ALONG THE NORTH LINE OF SAID LOT 9,A DISTANCE OF
66 FEET TO THE WEST LINE OF AN ALLEY;THENCE NORTH 00*10'55"EAST ALONG
THE WEST LINE OF SAID ALLEY TO THE SOUTH LINE OF AN ALLEY;THENCE
FOLLOWING THE COURSES OF SAID LAST MENTIONED ALLEY,SOUTH 66"49'10"WEST
A DISTANCE OF 36.04 FEET;THENCE SOUTH 00°10'55"WEST A DISTANCE OF 12.75
FEET;THENCE SOUTH 88"24'WEST A DISTANCE OF 30 FEET,TO THE WEST LINE OF
LOT 21N SAID RIVER VIEW ADDITION;THENCE SOUTH 0°10'55"WEST A DISTANCE OF
4.35 FEET TO POINT OF BEGINNING.
ALSO BEGINNING AT A POINT ON THE EAST BOUNDARY LINE OF LOT I IN RIVER
VIEW ADDITION TO AUBURN,KING CO.,WA.,ACCORDING TO PLAT RECORDED IN
VOLUME 9 OF PLATS,PAGE 90,RECORDS OF KING CO.,WA.,WHICH POINT IS 116 FEET
SOUTH OF THE NORTHEAST CORNER OF SAID LOT I;RUNNING THENCE EAST ON A
LINE PARALLEL WITH THE SOUTH MARGIN LINE OF SAID MAIN ST.EAST IN THE CITY
OF AUBURN,A DISTANCE OF 30 FEET TO A POINT;THENCE SOUTH ON A LINE
PARALLEL WITH THE EAST LINE OF SAID LOT 1,A DISTANCE OF 14 FEET TO A POINT;
THENCE WEST 30 FEET TO THE EAST LINE OF SAID LOT I THENCE NORTH 14 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF TRACTS 9 AND t0,RIVER VIEW ADDITION TO
AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE K
RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 9;RUNNING THENCE
EASTERLY ALONG THE NORTH LINE OF SAID TRACT, 116 FEET;THENCE SOUTHERLY
PARALLEL TO THE WEST LINE OF SAID TRACTS 9 AND 10,80 FEET MORE OR LESS,TO
THE SOUTH LINE OF SAID TRACT 10;THENCE WESTERLY ALONG SAID SOUTH LINE
116 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 10;THENCE NORTHERLY
ALONG THE WEST LINE OF SAID TRACTS, 80 FEET,MORE OR LESS TO POINT OF
BEGINNING.
Exhibit A- 1
TOGETHER WITH THAT PORTION OF LOTS 3,4,5,9 AND 10,RIVER VIEW ADDITION TO
AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,
RECORDS OF KING COUNTY,.WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 116 FEET SOUTH FROM THE SOUTH LINE OF MAIN STREET
EAST AND 130 FEET EAST FROM THE EAST LINE OF"A"STREET SOUTHEAST,SAID
POINT BEING ALSO ON THE SOUTH LINE OF AN ALLEY RUNNING EAST AND WEST;
THENCE NORTH 86 049'10"EAST,ALONG THE SOUTH LINE OF SAID ALLEY AND
PARALLEL TO MAIN STREET EAST,A DISTANCE OF 100.11 FEET TO THE WEST LINE OF
"B"STREET SOUTHEAST;THENCE SOUTH 00°10'55"WEST ALONG THE WEST LINE OF
SAID"B"STREET SOUTHEAST TO A POINT ON SAID WEST LINE WHICH IS 32.62 FEET
NORTH OF THE SOUTH LINE OF SAID LOT 10;THENCE SOUTH 88°24'WEST,PARALLEL
TO THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 100 FEET TO THE EAST LINE OF
AN ALLEY RUNNING NORTH AND SOUTH;
THENCE NORTH 0 010'55"EAST ALONG THE EAST LINE OF SAID ALLEY TO THE POINT
OF BEGINNING.
TOGETHER WITH THE SOUTH 32.62 FEET OF THE EAST 100 FEET OF THE WEST 230
FEET OF LOT 10,
RIVER VIEW ADDITION TO AUBURN,KING CO.,WA.,ACCORDING TO PLAT RECORDED
IN VOLUME 9 OF PLATS,PAGE 90,RECORDS OF KING COUNTY,WASHINGTON.
TOGETHER WITH THAT PORTION OF TRACTS 6,7,8 AND 9 OF RIVER VIEW ADDITION
TO AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,
RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTH MARGINAL LINE OF EAST
MAIN STREET SOUTHEAST WITH THE EAST MARGINAL LINE OF"B"STREET
SOUTHEAST;THENCE SOUTHERLY ALONG SAID EAST MARGIN OF"B"STREET
SOUTHEAST, 116 FEET TO THE POINT OF INTERSECTION OF SAID EASTERLY LINE
WITH THE SOUTHERLY LINE OF A 16 FOOT ALLEY TO TRUE POINT OF BEGINNING OF
THE TRACT HEREIN DESCRIBED;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID 16 FOOT ALLEY 100.11
FEET,MORE OR LESS,TO THE INTERSECTION OF THE SOUTHERLY LINE OF SAID 16
FOOT ALLEY WITH THE WESTERLY LINE OF 14 FOOT ALLEY;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 14 FOOT ALLEY,39.14
FEET;
THENCE WESTERLY 100 FEET,MORE OR LESS,TO THE EASTERLY MARGIN OF"B"
STREET SOUTHEAST AT A POINT 35 FEET SOUTHERLY FROM TRUE POINT OF
BEGINNING;THENCE NORTHERLY ALONG THE EASTERLY MARGIN OF"B"STREET
SOUTHEAST,35 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THE SOUTH 7.62 FEET OF THE WEST 16 FEET OF TRACT 8,RIVER
VIEW ADDITION TO AUBURN, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF
PLATS,PAGE 90,RECORDS OF KING COUNTY,WASHINGTON,ALSO THE SOUTH 7.62
FEET OF THAT PORTION OF TRACT 9,SAID ADDITION,LYING EAST OF"B"STREET
SOUTHEAST,ALSO THE NORTH 27.38 FEET OF THE WEST 100 FEET OF THAT PORTION
OF TRACT 10,SAID ADDITION,LYING EAST OF"B"STREET SOUTHEAST.
Exhibit A-2
TOGETHER WITH THAT PORTION OF TRACT 10,RIVER VIEW ADDITION TO AUBURN,
ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,RECORDS OF
KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF"B"STREET
SOUTHEAST IN THE CITY OF AUBURN,WITH THE SOUTH LINE OF SAID TRACT 10;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID TRACT 10,A DISTANCE OF 100
FEET TO THE WEST LINE OF AN ALLEY CONVEYED TO THE CITY OF AUBURN BY
DEED RECORDED UNDER RECORDER'S NO, 1454217,RECORDS OF SAID COUNTY;
THENCE NORTH ALONG SAID LINE OF ALLEY 32.62 FEET;THENCE WESTERLY 100
FEET TO THE EAST LINE OF"B"STREET SOUTHEAST;THENCE SOUTHERLY 32.62 FEET
TO BEGINNING.
TOGETHER WITH THAT PORTION OF TRACT B,RIVER VIEW ADDITION TO AUBURN,
ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,RECORDS OF
KINO COUNTY,WASHINGTON,LYING SOUTHERLY OF A 16 FOOT ALLEY,RUNNING
EASTERLY AND WESTERLY THROUGH SAID TRACT 8,AS CONVEYED TO THE CITY OF
AUBURN BY DEED RECORDED IN VOLUME 902 OF DEEDS,PAGE 467,UNDER
RECORDER'S NO. 1018859,RECORDS OF SAID COUNTY,AND OF TRACT 10 RIVER VIEW
ADDITION TO AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,
PAGE 90,RECORDS OF SAID COUNTY,LYING WESTERLY OF A LINE 195 FEET
WESTERLY OF THE WESTERLY LINE OF"C"STREET SOUTHEAST IN CITY OF AUBURN,
AND EASTERLY OF A 14 FOOT ALLEY RUNNING NORTHERLY AND SOUTHERLY
THROUGH SAID TRACTS 8 AND 10,AS CONVEYED TO THE CITY OF AUBURN,BY DEED
RECORDED IN VOLUME 1119 OF DEEDS,PAGE 514,UNDER RECORDER'S NO 1454217,
RECORDS OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF TRACT B AND TRACT 10, RIVER VIEW ADDITION
TO AUBURN,ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS,
PAGE 90,RECORDS OF KING COUNTY,WASHINGTON LYING SOUTHERLY OF THE
ALLEY DEEDED TO THE CITY OF AUBURN BY INSTRUMENT FILED UNDER KING
COUNTY RECORDING NO. 1039136,AND WESTERLY OF THE EAST LINE AND ITS
EXTENSION NORTHERLY OF THE WEST 543.06 FEET OF TRACT 10,
EXCEPT THAT PORTION OF SAID TRACTS 8 AND 10 LYING WESTERLY OF A LINE
PARALLEL TO AND 40.00 FEET EAST OF A LINE RUNNING NORTH 00 10'55*EAST FROM
A POINT IN THE SOUTH LINE OF SAID TRACT 10,DISTANT 394.00 FEET NORTH 88"24'
00"EAST FROM THE SOUTHWEST CORNER THEREOF,
Exhibit A-3
Exhibit"A"
to
Real Estate Exchange Agreement
Map of City's Property
wo
ww
Aubum
Exhibit A-4
Exhibit 11111
to
Real Estate Exchange Agreement
Legal Description of Bank Property
PARCEL B,CITY OF AUBURN LOT LINE ADJUSTMENT NO.LLA-
0003-95,RECORDED UNDER RECORDING NUMBER 9502160960
SAID LOT LINE ADJUSTMENT BEING DESCRIBED AS LOTS I AND
2,BLOCK 6,TOWN OF SLAUGHTER,ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME IME 2 OF PLATS PAGE 56.IN KING
COUNTY,WASHINGTON.
PARCEL C(TPN 7331400235)
THE WEST 16 FEET OF EAST 108 FEET OF WEST 230 FEET AS MEASURED
ALONG THE NORTH AND SOUTH LINES,OF LOT 11,RIVER VIEW ADDITION
TO AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,
PAGE 90,IN KING COUNTY,WASHINGTON;
EXCEPT THE SOUTH 20 FEET THEREOF.
Exhibit B- 1
Exhibit"B"
to
Real Estate Exchange Agreement
Map of Bank Property
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Exhibit B-2
Exhibit"C"
to
Real Estate Exchange Agreement
Legal Description of Parcel 7331400235
THE WEST 16 FEET OF EAST 108 FEET OF WEST 230 FEET AS MEASURED ALONG THE
NORTH AND SOUTH LINES,OF LOT 11,RIVER VIEW ADDITION TO AUBURN,
ACCORDING TO PLAT RECORDED M VOLUME 9 OF PLATS,PAGE 90,IN KING COUNTY,
WASHINGTON;
EXCEPT THE SOUTH 20 FEET THEREOF.
Exhibit C- 1
Exhibit"C"
to
Real Estate Exchange Agreement
Map of Pnrcel7331400235
f!
Exhibit C•2
Exhibit"D"
to
Real Estate Exchange Agreement
Legal Description of the Parking Lot Property
PORTION OF PARCEL A(TPN 73314013 5)
THE SOUTH 27.15 FEET OF THE WEST 116 FEET OF TRACT 10 OF RIVER VIEW ADDITION
TO AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS,
PAGE 90,RECORDS OF KING COUNTY,WASHINGTON.
Exhibit D- 1
Exhibit"E"
to
Real Estate Exchange Agreement
Legal Description of the Conveyed Property
PORTION OF PARCEL A(TPN 73314013 5)
THE SOUTH 27.15 FEET OF THE WEST 116 FEET OF TRACT 10 OF RIVER VIEW ADDITION
TO AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS,
PAGE 90,RECORDS OF KING COUNTY,WASHINGTON.
PARCEL C(TPN 73 3 14 0023 5)
THE WEST 16 FEET OF EAST 108 FEET OF WEST 230 FEET AS MEASURED ALONG THE
NORTH AND SOUTH LINES,OF LOT 11,RIVER VIEW ADDITION TO AUBURN,
ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,IN KING COUNTY,
WASHINGTON;
EXCEPT THE SOUTH 2O FEET THEREOF.
Exhibit E- 1
Exhibit"E"
to
Real Estate Exchange Agreement
Map of the Conveyed Property
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Exhibit E•2
Exhibit'IF'
to
Real Estate Exchange Agreement
Form of Parking Easement
AFTER RECORDING RETURN TO:
Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200
Seattle,WA 98101
Attention: Anthony T.Caso
(206)622-3150
PARKING EASEMENT AGREEMENT
Grantor: CITY OF AUBURN,a Washington municipal corporation
Grantee: IPMORGAN CHASE BANK,N.A.
Abbreviated Legal Description:
Assessor's Property Tax Parcel Account Numbers:
Exhibit F- 1
PARKING EASEMENT AGREEMENT
THIS PARKING EASEMENT AGREEMENT (this "Agreement") is made as of this
day of 2013, by and between CITY OF AUBURN, a Washington municipal
corporation("Grantor"),and JPMORGAN CHASE BANK,N.A.("Grantee").
RECITALS
A. Grantor is the owner of real property situated in King County, Washington,
legally described on Exhibit A attached hereto("Grantor's Property").
B. Grantee is the owner of real property situated in King County, Washington,
legally described on Exhibit B attached hereto ("Grantee's Property"). Grantee's Property is
adjacent to Grantor's Property.
C. Grantor and Grantee have exchanged certain real property interests pursuant to
that Real Estate Exchange Agreement dated as of 2013 (the "Exchange
Agreement").
D. Grantor and Grantee execute this Agreement in connection with, and in material
consideration of closing of the transactions contemplated by the Exchange Agreement, the
receipt and sufficiency of which are hereby acknowledged.
E. Grantor and Grantee desire to create an easement for vehicular parking, together
with ingress, egress and regress thereto upon a portion of Grantor's Property for the benefit of
Grantee's Property,subject to the terms and conditions set forth herein,
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
AGREEMENT
1. Parking Easement. Grantor does hereby convey and warrant to Grantee a
perpetual exclusive casement(the"Easement")across,in,through,over and upon that portion of
Grantor's Property described and depicted on Exhibit C attached hereto(the"Easement Area'),
for parking motor vehicles in sixteen(16)standard or above slandard-sized parking stalls located
in the Easement Area(collectively,the"Parking Stalls")depicted on Exhibit C.
2. Access,Ingress and Egress. Grantor does hereby convey and warrant to Grantee
a perpetual non-exclusive easement across, in,through, over and upon the following portions of
Grantor's Property for the purpose of access, ingress and egress, passage in, to or from the
Easement Area, the Grantee's Property and any adjacent public right of way: (a) parking and
driveway areas situated on the Grantor's Property for pedestrian and motor vehicle use; and(b)
Exhibit F-2
pathway areas and areas landscaped and designed for pedestrian use on the Grantor's Property
for pedestrian use.
It is agreed that the casements,rights and privileges granted hereby shall be for the benefit of and
Grantee's Property, its tenants, subtenants and their respective customers, employees and
business invitees,and the same is not intended not shall it be construed as creating any rights in
or for the benefit of the general public.
3. Location of Parking Stalls; Designation. The initial location of the Parking
Stalls shall be as set forth on Exhibit C. The location of the Parking Stalls may be adjusted from
time-to-time by mutual written agreement of Grantor and Grantee. Grantee shall have the right,
at Grantee's expense,to designate and mark Grantee's Parking Stalls as exclusively reserved on
a 24 hour,seven(7)day a week basis.
4. Maintenance. Grantor shall be solely responsible for the maintenance,repair and
replacement of the Parking Stalls at its cost and expense. The Parking Stalls and Easement Area
shall be maintained in good condition and repair,including periodic re-striping,re-surfacing and
cleaning,and shall be kept clear of accumulated snow and ice.
5. Compliance with Laws. Grantor at its sole expense shall comply with all
applicable governmental codes, laws,orders, ordinances, regulations and statutes relating to the
construction, installation, maintenance, repair and replacement of the Easement Area and
Parking Stalls. Grantor at its sole expense shall obtain and keep in effect any and all required
governmental approvals and permits relating to the use of the Easement Area and Parking Stalls,
6, Default. In the event Grantor fails to perform any obligation hereunder and such
failure continues for a period of thirty(30)days after written notice of such failure from Grantee,
Grantor shall be in default hereunder. Upon such default, Grantee may seek any and all remedies
available by law or in equity,including an action for damages or specific performance,
7. Assignment. Grantee may assign its rights and obligations under the Easement
and this Agreement to any successor owner of Grantee's Property, it being the intention of the
parties that the Easement and this Agreement shall benefit Grantee's Property in perpetuity. This
Easement is not transferable or assignable separate from Grantee's Property.
8. No Conflict with Encumbrances. Grantor represents and warrants to Grantee
that, as of the date of this Agreement, Grantor is the owner of Grantor's Property, Grantor's
Property is subject to no mortgages, deeds of trust,liens or other encumbrances under which the
interest of Grantee under this Agreement might be foreclosed or terminated, and Grantor's
Property is subject to no other encumbrances with which the exercise by Grantee of its rights
under this Agreement would conflict.
9. Attorneys' Fees and Costs. If Grantor or Grantee shall bring any action arising
out of this Agreement, including any action to interpret or enforce this Agreement, the
nonprevailing party(as determined by the court)shall pay the prevailing party a reasonable sum
for attorneys' fees, costs and expenses incurred by it in such action, at trial and on appeal,and
Exhibit F-3
such fees, costs and expenses shall be deemed to have accrued on the commencement of such
action.
10. Benefits and Burdens. The real property benefited by the easements described
herein is Grantee's Property and the real property burdened by the easement described herein is
Grantor's Property. The burdens and benefits are intended to attach to and tun with the land.
The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit
of Grantor,Grantee and their respective successors and assigns.
11. Notices. All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if personally delivered,sent by U.S. certified mail
return receipt requested or sent by a nationally recognized overnight carrier to the following
addresses:
Grantor:
City of Auburn
25 West Main Street
Auburn,WA 980011998
Attention: Elizabeth Chamberlain,Planning Manager
Telephone: 253.931,3092
Facsimile: 253.804.3114
Email: echamberlain@aubumwa.gov
Grantee JPMorgan Chase Real Estate
237 Park Avenue, 12th Floor
Mail Code NYI-R067
New York,NY 10017
Attn:Real Estate
With a copy to: JPMorgan Chase Law Department
1111 Polaris Parkway,Suite 4P
Mail Code OH1-0 152
Columbus,OH 43240
Attn: Real Estate Counsel
With a copy to
Davis Wright Tremaine LLP
1201 Third Avenue,Suite 2200
Seattle,WA 98101.3045
Attention: Anthony T.Caso
Telephone: 206.757.8273
Facsimile: 206.757.7273
Email: anth6nycaso@dwt,com
Exhibit F-4
12. General. This Agreement shall be recorded in the real property records of King
County, Washington. This Agreement shall be governed by and construed in accordance with
the laws of the state of Washington. This Agreement may not be modified except in writing and
signed by both parties. This Agreement may be executed and delivered in counterparts, which
together shall comprise a complete original Agreement. If any portion of this Agreement
becomes null,void or illegal for any reason,the remaining portions shall remain in full force and
effect.
[Remainder ofpage intentionally left blank;signatures next]
Exhibit P-5
EXECUTED as of the date first above written.
BANK CITY
JPMORGAN CHA AN N.A., CITY OF AUBURN,a Washington
municipal corporation
By: By:
Name: Name: Peter B.Lewis
Its: Its:
ATTEST:
Danielle E.Daskam,City Clerk
APPROVED AS TO FORM:
Daniel B.Mid,City Attorney
Exhibit F•6
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this_ day of 2013, before me, a Notary Public in and for the State of
Washington, personally appeared Peter B. Lewis, personally known to me(or proved to me on
the basis of satisfactory evidence)to be the person who executed this instrument,on oath stated
that he was authorized to execute the instrument, and acknowledged it as the
of CITY OF AUBURN, to be the free and voluntary act and deed of
said municipal corporation for the uses and purposes mentioned in the instrument,
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the State of
Washington,residing at
My appointment expires
Print Name
Exhibit F-7
STATE OF
ss.
COUNTY OF Flvo hl") )
J-/
On this 31 day of GC/ 2013, before me, a Notary Public in and for
the Slate of Washington, personally appeared uber` flids , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument, on oath ated that he was authorized to execute the instrument, and
acknowledged it as the // of JPMOROAN CHASE BANK,N.A., to be
the free and voluntary act and deed of said bank for the uses and purposes mentioned in the
instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the State of
dhip residingat fd/✓-S✓I
My aointment expires
Pr game oqJi_s_?!tee.'
ALISSAHOLFINGERAtlomeyAt Law
.; NOTARYPUSLIC•sTATEOFOHI0
Mymftssion has me0atimdate
9'x•41 �� Sec 141.03 RC.
Exhibit F-8
INDEX OF EXHIBITS To PARKING EASEMENT
A — Description of Grantor's Property
B — Description of Grantee's Property
C — Description and Depiction of Easement Area
Exhibit F-9
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
PARCEL A:
A TRACT OF LAND IN LOTS 2,3 AND 9,OF RIVER VIEW ADDITION TO AUBURN,
ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,RECORDS OF
KING COUNTY,WASHINGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF LOT 9 IN SAID RIVER VIEW
ADDITION,WHICH POINT IS THE SOUTHEAST CORNER OF LOT 1 IN SAID ADDITION;
THENCE NORTH 88°24'EAST ALONG THE NORTH LINE OF SAID LOT 9,A DISTANCE OF
66 FEET TO THE WEST LINE OF AN ALLEY;THENCE NORTH 00°10'55"EAST ALONG THE
WEST LINE OF SAID ALLEY TO THE SOUTH LINE OF AN ALLEY;THENCE FOLLOWING
THE COURSES OF SAID LAST MENTIONED ALLEY,SOUTH 86°49'10"WEST A DISTANCE
OF 36.04 FEET;THENCE SOUTH 00°10'55"WEST A DISTANCE OF 12,75 FEET;THENCE
SOUTH 88°24'WEST A DISTANCE OF 30 FEET,TO THE WEST LINE OF LOT 2 IN SAID
RIVER VIEW ADDITION;THENCE SOUTH 00 010'55"WEST A DISTANCE OF 4.35 FEET TO
POINT OF BEGINNING.
ALSO BEGINNING AT A POINT ON THE EAST BOUNDARY LINE OF LOT 1 IN
RIVER VIEW ADDITION TO AUBURN,KING CO.,WA.,ACCORDING TO PLAT RECORDED
IN VOLUME 9 OF PLATS,PAGE 90,RECORDS OF KING CO.,WA.,WHICH POINT 1S 116
FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 1;RUNNING THENCE EAST
ON A LINE PARALLEL WITH THE SOUTH MARGIN LINE Of SAID MAIN ST.EAST IN THE
CITY OF AUBURN,A DISTANCE OF 30 FEET TO A POINT;THENCE SOUTH ON A LINE
PARALLEL WITH THE EAST LINE OF SAID LOT 1,A DISTANCE OF 14 FEET TO A POINT;
THENCE WEST 30 FEET TO THE EAST LINE OF SAID LOT l THENCE NORTH 14 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF TRACTS 9 AND 10,RIVER VIEW ADDITION
TO AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,
RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 9;RUNNING
THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT, 116 FEET;THENCE
SOUTHERLY PARALLEL TO THE WEST LINE OF SAID TRACTS 9 AND 10,A DISTANCE
OF 80 FEET MORE OR LESS,TO THE SOUTH LINE OF SAID TRACT 10;THENCE
WESTERLY ALONG SAID SOUTH LINE 116 FEET TO THE SOUTHWEST CORNER OF SAID
TRACT 10;THENCE NORTHERLY ALONG THE WEST LINE OF SAID TRACTS,80 FEET,
MORE OR LESS TO POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOTS 3,4,5,9 AND 10,RIVER VIEW
ADDITION TO AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,
PAGE 90,RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 116 FEET SOUTH FROM THE SOUTH LINE OF MAIN
STREET EAST AND 130 FEET EAST FROM THE EAST LINE OF"A"STREET SOUTHEAST,
Exhibit F- 10
SAID POINT BEING ALSO ON THE SOUTH LINE OF AN ALLEY RUNNING EAST AND
WEST;THENCE NORTH 864910"EAST,ALONG THE SOUTH LINE OF SAID ALLEY AND
PARALLEL TO MAIN STREET EAST,A DISTANCE OF 100.11 FEET TO THE WEST LINE OF
'93"STREET SOUTHEAST;THENCE SOUTH 00°10'55"WEST ALONG THE WEST LINE OF
SAID"B"STREET SOUTHEAST TO A POINT ON SAID WEST LINE WHICH IS 32.62 FEET
NORTH OF THE SOUTH LINE OF SAID LOT 10;THENCE SOUTH 88°24'WEST,PARALLEL
TO THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 100 FEET TO THE EAST LINE OF
AN ALLEY RUNNING NORTH AND SOUTH;
THENCE NORTH 0°10'55"EAST ALONG THE EAST LINE OF SAID ALLEY TO THE
POINT OF BEGINNING.
TOGETHER WITH THE SOUTH 32.62 FEET OF THE EAST 100 FEET OF THE WEST
230 FEET OF LOT 10,
RIVER VIEW ADDITION TO AUBURN, KING CO.,WA.,ACCORDING TO PLAT
RECORDED M VOLUME 9 OF PLATS,PAGE 90,RECORDS OF KING COUNTY,
WASHINGTON.
TOGETHER WITH THAT PORTION OF TRACTS 6,7,8 AND 9 OF RIVER VIEW
ADDITION TO AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,
PAGE 90,RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTH MARGINAL LINE OF
EAST MAIN STREET SOUTHEAST WITH THE EAST MARGINAL LINE OF"B"STREET
SOUTHEAST;THENCE SOUTHERLY ALONG SAID EAST MARGIN OF"B"STREET
SOUTHEAST, 116 FEET TO THE POINT OF INTERSECTION OF SAID EASTERLY LINE
WITH THE SOUTHERLY LINE OF A 16 FOOT ALLEY TO TRUE POINT OF BEGINNING OF
THE TRACT HEREIN DESCRIBED;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID 16 FOOT ALLEY
100.11 FEET,MORE OR LESS,TO THE INTERSECTION OF THE SOUTHERLY LINE OF
SAID 16 FOOT ALLEY WITH THE WESTERLY LINE OF 14 FOOT ALLEY;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 14 FOOT ALLEY,
39.14 FEET;
THENCE WESTERLY 100 FEET,MORE OR LESS,TO THE EASTERLY MARGIN OF
"B STREET SOUTHEAST AT A POINT 35 FEET SOUTHERLY FROM TRUE POINT OF
BEGINNING;THENCE NORTHERLY ALONG THE EASTERLY MARGIN OF"B"STREET
SOUTHEAST,35 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THE SOUTH 7.62 FEET OF THE WEST 16 FEET OF TRACT 8,
RIVER VIEW ADDITION TO AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9
OF PLATS,PAGE 90,RECORDS OF KING COUNTY,WASHINGTON,ALSO THE SOUTH
7.62 FEET OF THAT PORTION OF TRACT 9,SAID ADDITION,LYING EAST OF"B"STREET
SOUTHEAST,ALSO THE NORTH 27.38 FEET OF THE WEST 100 FEET OF THAT PORTION
OF TRACT 10,SAID ADDITION,LYING EAST OF"B"STREET SOUTHEAST.
TOGETHER WITH THAT PORTION OF TRACT 10,RIVER VIEW ADDITION TO
AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,
RECORDS OF KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AI'THE POINT OF INTERSECTION OF THE EAST LINE OF"B"
STREET SOUTHEAST IN THE CITY OF AUBURN,WITH THE SOUTH LINE OF SAID TRACT
Exhibit F• i I
10;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID TRACT 10,A DISTANCE OF
100 FEET TO THE WEST LINE OF AN ALLEY CONVEYED TO THE CITY OF AUBURN BY
DEED RECORDED UNDER RECORDER'S NO. 1454217,RECORDS OF SAID COUNTY;
THENCE NORTH ALONG SAID LINE OF ALLEY 32.62 FEET;THENCE WESTERLY 100
FEET TO THE EAST LINE OF"B"STREET SOUTHEAST;THENCE SOUTHERLY 32.62 FEET
TO BEGiNNBJO.
TOGETHER WITH THAT PORTION OF TRACT 8,RIVER VIEW ADDITION TO
AUBURN,ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90,
RECORDS OF KING COUNTY,WASHINGTON,LYING SOUTHERLY OF A 16 FOOT ALLEY,
RUNNING EASTERLY AND WESTERLY THROUGH SAID TRACT 8,AS CONVEYED TO
THE CITY OF AUBURN BY DEED RECORDED IN VOLUME 902 OF DEEDS,PAGE 467,
UNDER RECORDER'S NO. 1018859,RECORDS OF SAID COUNTY,AND OF TRACT 10
RIVER VIEW ADDITION TO AUBURN,ACCORDINO TO PLAT RECORDED IN VOLUME 9
OF PLATS,PAGE 90,RECORDS OF SAID COUNTY,LYING WESTERLY OF A LINE 195
FEET WESTERLY OF THE WESTERLY LINE OF"C"STREET SOUTHEAST IN CITY OF
AUBURN,AND EASTERLY OF A 14 FOOT ALLEY RUNNING NORTHERLY AND
SOUTHERLY THROUGH SAID TRACTS 8 AND 10,AS CONVEYED TO THE CITY OF
AUBURN,BY DEED RECORDED IN VOLUME 1119 OF DEEDS, PAGE 514,UNDER
RECORDER'S NO 1454217,RECORDS OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF TRACT 8 AND TRACT 10,RIVER VIEW
ADDITION TO AUBURN,ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 9 OF
PLATS,PAGE 90,RECORDS OF KING COUNTY,WASHINGTON LYING SOUTHERLY OF
THE ALLEY DEEDED TO THE CITY OF AUBURN BY INSTRUMENT FILED UNDER KING
COUNTY RECORDING NO. 1039136,AND WESTERLY OF THE EAST LINE AND ITS
EXTENSION NORTHERLY OF THE WEST 543.06 FEET OF TRACT 10;
EXCEPT THAT PORTION OF SAID TRACTS 8 AND 10 LYING WESTERLY OF A
LINE PARALLEL TO AND 40.00 FEET EAST OF A LINE RUNNING NORTH 00"10'55"EAST
FROM A POINT IN THE SOUTH LINE OF SAID TRACT 10,DISTANT 394.00 FEET NORTH
88°24'00"EAST FROM THE SOUTHWEST CORNER THEREOF.
EXCEPT THE SOUTH 27.15 FEET OF THE WEST 116 FEET OF TRACT 10 OF RIVER
VIEW ADDITION TO AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 9 OF PLATS,PAGE 90,RECORDS OF KING COUNTY,WASHINGTON;
Exhibit F- 12
EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE'S PROPERTY
RIVER VIEW ADDITION TO AUBURN PORTION WEST OF B STREET SE LESS THE
EAST 108 FEET THEREOF
Parcel Number:733140-0240
Address: 24 A ST SE 98002
Exhibit F- 13
Paremetrix
EXHIBIT C
LEGAL DESCRIPTION OF EASEMENT AREA
PORTIONS OF TRACTS 9 AND 10 OF RIVER VIEW ADDITION TO AUBURN ACCORDING
TO THE PLAT RECORDED IN VOLUME 9 OF PLATS,PAGE 90 RECORDS OF KING
COUNTY,WASHINGTON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF TRACT 11 OF SAID RIVER VIEW
ADDITION;THENCE ALONG THE NORTH LINE THEREOF NORTH 88'4763"EAST,
135.11 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS
SHOWN ON CITY OF AUBURN LOT LINE ADJUSTMENT LLA-01-0011,RECORDED
UNDER RECORDING NUMBER 20010419001707 RECORDS OF SAID COUNTY;
THENCE CONTINUING NORTH 88'47'63"EASTALONG THE NORTH LINE OF SAID
TRACT OF LAND,8.39 FEET TO THE TRUE POINT OF BEGINNING;THENCE
CONTINUING NORTH 88.47'63"EAST ALONG SAID NORTH LINE 86.30 FEET TO THE
WEST MARGIN OF'IT STREET SE;THENCE LEAVING SAID NORTH LINE NORTH
D1'02'42"EAST ALONG SAID MARGIN,65.48 FEET;THENCE LEAVING SAID WEST
MARGIN AND PARALLEL WITH SAID NORTH LINE SOUTH 88.47'63"WEST,62.67-PRET;
THENCE NORTH 28'32'35"EAST, 19.08 FEET;THENCE SOUTH 89'18'36"WEST,9.77
FEET;THENCE SOUTH 28'32'35'WEST,19,81 FEET;THENCE SOUTH 83.36'31"EAST,
8,87 FEET;THENCE SOUTH 27'0904"WEST,15.63 FEET;THENCE PARALLEL WITH
SAID NORTH LINE SOUTH 88'4763"WEST,25.33 FEET;THENCE SOUTH 01102'47'
WEST,18.41 FEET;THENCE SOUTH 31°42'24"EAST,21.72 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 4,014 SQUARE FEET,MORE OR LESS,
1D 1 IRON,
A,
W�,v
SiBR
1 oft 1'
Exhibit F- 14
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-------- Ok\ L4 607 $6 470G017' �1
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TAX PARCEL N' MUMS RECIPROCAL PAPANG EASEMENT
Taro PAWa ARFA:= t:01 AC/ 43,964 W.
o N FAME M AREA= 4,914 SF