HomeMy WebLinkAboutE 20230406000553Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-1 of 11
Excise Docs: 3232419 Selling Price: S3,500.00 Tax Amount: S72.85 Record Date:4/6/2023 2:14 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY ROBERT DUTTON, DEPUTY
After recording return document to:
City of Renton
City Clerk's Office
1055 South Grady Way
Renton, WA 98057
Grantor(s): 1. AUK -Montclair LLC, a Delaware limited liability company
2. FLP-Montclair LLC, a Delaware limited liability company
3. KFP-Montclair LLC, a Delaware limited liability company
Grantee(s): City of Renton, a Washington municipal corporation
Abbreviated Legal Description: Portion of the SW 1/4 of Section 20 and NW 1/4 of
Section 29, Township 23 North, Range 5 East, W.M., King County, Washington
Full Legal Description on Page(s): 8-9
Assessor's Tax Parcel Number: 3376750000
Reference Number of Related Documents: N/A
TEMPORARY CONSTRUCTION EASEMENT
S 26th STREET CMP REHABILITATION PROJECT
THIS TEMPORARY CONSTRUCTION EASEMENT agreement ("the Agreement") is made
between AUK -Montclair LLC, a Delaware limited liability company, FLP-Montclair LLC, a
Delaware limited liability company, and KFP-Montclair LLC, a Delaware limited liability
company (collectively referred to as the "Grantor"), and the City of Renton, a Washington
state municipal corporation ("Grantee") (collectively "the Parties").
RECITALS
WHEREAS, Grantor is the owner of certain real property (hereinafter referred to as "Easement
Premises") located at 2223 Benson Road S., Renton, WA. 98055, King County Parcel No.
3376750000, legally described in Exhibit A (the "Property"); and
WHEREAS, Grantee is proceeding with the S 26`h Street CMP Rehabilitation Project (the
"Project") and requires a Temporary Construction Easement;
NOW, THEREFORE, the Parties agree as follows:
1. Grant of Easement: Grantor, for and in consideration of mutual benefits, receipt and sufficiency
of which are hereby acknowledged, does by these presents, grants to Grantee a Temporary
Temporary Construction Easement - 1
Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-2 of 11
Record Date:4/6/2023 2:14 PM King County, WA
Construction Easement over, under, through, across, and upon that portion of the Property
described in Exhibit B and shown in Exhibit C (the "Easement Premises") for the purpose of
rehabilitating a 24-in diameter existing pipe crossing S 26rh Street in Renton, Washington as
part of the Project. Grantee shall pay to Grantor its costs and fees associated with entering into
this Agreement in the total amount of three thousand five hundred dollars [$3,500]. Grantee
shall at its sole cost and expense, upon completion of any work, remove debris, and restore the
surface of the Easement Premises disturbed or destroyed during the execution of the work, as
nearly as practicable to the match existing conditions and to Grantor's reasonable satisfaction.
2. Accesse Grantee and/or its assigns, shall have the right and privilege to enter the Easement
Premises and for ingress and egress over, under, through, across and upon the Easement
Premises to enable Grantee, and its assigns, to exercise its rights hereunder, provided that
Grantee shall not unreasonably interfere with the rights of Grantor or Grantor's tenants or
invitees to use the Easement Premises and Grantee shall only access the Easement Premises on
weekdays (other than holidays recognized by the City of Renton, State of Washington or the
United States of America) during the hours of 8:00 a.m. to 5:00 p.m. local time. Grantee shall
provide Grantor at least 7 days advance written notice prior to entry onto the Easement
Premises, specifying in reasonable detail the dates Grantee expects to be on the easement
premises and the work expected to be performed on such dates.
Easement to Run with Land: All right, title and privileges herein granted, including all benefits
and burdens, shall run with the land and shall be binding upon and inure to the benefit of the
Parties, their respective heirs, executors, administrators, successors, assigns and legal
representatives.
4. Duration of Easement: This Agreement shall expire and automatically terminate without
further action from any Party 550 days from the date of this Agreement or upon completion of
the Project, whichever is later. Upon completion of the Project and request from Grantor,
Grantee shall execute and cause to be recorded a termination of this Agreement, if it has not
otherwise terminated pursuant to its terms.
5. Warranty of Authoritl: Grantor and Grantee reciprocally represent, warrant, and covenant
that the Parties have sufficient the legal authority to execute this Agreement.
6. Indemnification. Grantee shall indemnify, defend, protect, and hold harmless Grantor and its
agents, officers, members, directors, employees, successors, assigns, tenants and invitees for,
from, and against any and all demands, liabilities, damages, expenses, causes of action, suits,
claims, and judgments, including reasonable attorneys' fees (collectively, "Claims"), for injuries
to persons or property caused solely by Grantee arising from the Grantee's breach of its
obligations under this Agreement, or the exercise of Grantee's rights under this Agreement..
Liens. Grantee shall promptly discharge (or cause to be discharged) all liens arising out of or
connected with Grantee's exercise of rights under this Agreement within thirty (30) days after
receipt of notice that such lien has been filed, its sole cost and expense.
Temporary Construction Easement - 2
Instrument Number: 20230406000553 Document:EAS Rec: 5213.50 Page-3 of 11
Record Date:4/6/2023 2:14 PM King County, WA
8. Attorneys' Fees. If any Party brings an action to interpret or enforce the provisions of this
Agreement, the prevailing Party in that action (as determined by the judge or arbitrator) shall be
entitled to recover its reasonably attorneys' fees and costs incurred in connection with such
action.
9. Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement
or any of its terms or covenants shall be brought in the King County Superior Court for the State
of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its
replacement or successor.
10. Counterpart Signatures. This Agreement may be executed in counterpart signature pages, the
ink original(s) of which shall be transmitted to Grantee for signature and recording with the
King County Recorder's Office.
11. Effective Date. It is understood and agreed that delivery of this Agreement is hereby tendered
and that the terms and obligations hereof shall not become binding upon City of Renton unless
and until approved hereon in writing by City of Renton.
(Signatures on following pages.)
Temporary Construction Easement - 3
Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-4 of 11
Record Date:4/6/2023 2:14 PM King County, WA
Au&-ivionicrajr j--Lu,
a Delaware li-nited liability company
By: Auk um Group LLC,
a Delaware limited 1
iz-
Its: Manaer,--,
0
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNLk
County of Marin
On 2before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory
evidence to be the personK ) whose namek)Lts/ar-e- subscribed to the within instrument and
acknowledge; V/she/they executed the same in j&her/their authorized
capacity(ies), and that by Wher/their signature(5) on the instrument the person(q), or the
entity upon behalf of which the person() acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of Califomia, that the
foregoing paragraph is true and correct.
Witness my hand and ffil I I
Signature:— "� � , i!�L — (Sea'
Temporary Construction Easement - 4
i 'OHIN
COMIM, # 2384503
NOTARY
PUL M,CALIFORNIA
M ARM UOUNIly
My
CON EXP. DEC 20 1025-
Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-5 of 11
Record Date:4/6/2023 2:14 PM King County, WA
a tielaware ti rtea liability CoMpany
y: A ukurn Group LLC,
a Delaware limited li company
Its: Manager
y:
son Fu , Manager
A notary public or other officer completing this certificate verifies only the identity, of the
individual l who signed the document to which this certificate is attached, and not the
truthfulness, accuracy or validity of that document,
STATE OF CAZC�IA )
County of ilarin }
n , 29 before tee,
Notary Public, personalty appeared
who proved to me on the basis of satisfactory
evidence to be the persontvshe4h",
whose name ) /w subscribed to the within instrument and
ac owledged to rr�e that executed the same in JoherLfliew authorized
capacity(, and that y * signature(g)on the iris ( instrument the person, or the
entity upon behalf of whie = the person} acted, executed the instrument,
I c ify -under PE OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and. correct.
Witness my hand and of icial seal
Signature: (Seal)
Temporary Construction Easement - 5
qg �r J C 0 H
1 NOTAARf F S t fsk`r F R IA
l M.Y Y
iM 'C t � Y � - 40
Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-6 of 11
Record Date:4/6/2023 2:14 PM King County, WA
IN WITNESS WHEREOF, said Grantor has caused this instrument to be
executed this 4" day of 20 ILL.
GRAN'rOR(S):
KFP-Montclair LLC,
a Delaware limited liability company
Chris Coulter, Manager
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or valiclit of that document.
STATE OF CALIFORNIA )
County of _p , . '" 1
20 _ZZ. before me,
___ ___._, Notary Public, personally appeared
who proved to me on the basis of satisfactory
evidence, to be the person whose name�itsxaa subscribed to the within instrument and
acknowledged to me that( slwd-thoy executed the same it } la i4lr,air authorized
capacity(; , and that b}cfj),�/her4lici.r signature(&) on the instrument: the persona;.), or the
entity upon 'behalf of which the person(;-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hapd-tip,d official seal
Signatur(Sea1)
Temporary Construction Easement - 6
ROBERTF.0!i I ir:t htA7LL
Comm, #232€ 693
Notary! Public • California
° Placer County
Carom. Fac iris ARa i 7 2024
.. ,.
Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-7 of 11
Record Date:4/6/2023 2:14 PM King County, WA
ACCEPTED AND APPROVED BY:
GRANTEE:
Martin Pastucha
Public; Works Administrator
Date.._ __._ _ =!. .__...._
Temporary Constr u.ction Easement - 7
Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-8 of 11
Record Date:4/6/2023 2:14 PM King County, WA
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF
WASHINGTON, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 20 AND THE NORTHWEST
QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 20 AND THE EAST LINE OF PUGET
SOUND POWER & LIGHT COMPANY'S 70-FOOT RIGHT-OF-WAY, WHICH POINT IS NORTH
87009'25" EAST 70.26 FEET FROM THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 02006'30" EAST ALONG SAID EAST LINE ON A LINE PARALLEL TO AND 70
FEET EAST OF, WHEN MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION 20,
A DISTANCE OF 501.87 FEET TO THE SOUTHWEST CORNER OF A TRACT SOLD TO
WASHINGTON NATURAL GAS COMPANY BY DEED DATED JANUARY 23, 1964, AND RECORDED
UNDER RECORDING NO. 5694120;
THENCE NORTH 87009'25" EAST ALONG THE SOUTH LINE OF SAID GAS COMPANY TRACT
801.99 FEET TO THE SOUTHEAST CORNER OF SAID TRACT;
THENCE SOUTH 21020'40" EAST 527.25 FEET TO THE SOUTH LINE OF SECTION 20;
THENCE NORTH 87009'25" EAST ALONG SAID SOUTH LINE 179.27 FEET TO THE WEST LINE OF
S.S.N. NO. 5-6 "BENSON ROAD";
THENCE SOUTHERLY ALONG SAID WEST LINE 1,377.83 FEET TO A POINT ON THE EAST -WEST
1/16 LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 WHICH BEARS NORTH
88012'53" EAST 24.42 FEET FROM THE CENTER OF SAID NORTHWEST QUARTER;
THENCE SOUTH 88012'53" WEST 24.42 FEET TO THE CENTER OF SAID NORTHWEST QUARTER;
THENCE SOUTH 01041'56" WEST ALONG THE NORTH -SOUTH 1/16 LINE OF SAID NORTHWEST
QUARTER 850.50 FEET;
THENCE SOUTH 89016'31" WEST PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST
QUARTER 595.85 FEET TO THE EASTERLY LINE OF PUGET SOUND POWER & LIGHT
COMPANY'S 100-FOOT RIGHT-OF-WAY;
THENCE NORTH 19058'29" WEST ALONG SAID EASTERLY LINE 1,758.05 FEET TO A POINT 70
FEET EAST OF, WHEN MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID
NORTHWEST QUARTER;
THENCE NORTH 01041'07" EAST PARALLEL TO SAID WEST LINE 493.99 FEET TO THE POINT OF
BEGINNING;
EXCEPT THE SOUTH 100 FEET OF THE EAST 100 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 29, AND THE NORTH 100 FEET OF THE EAST 100 FEET OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, AND THAT
PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29,
LYING WESTERLY OF BENSON ROAD AND SOUTH OF THE EAST PROLONGATION OF THE
NORTH LINE OF SAID SOUTH 100 FEET OF THE EAST 100 FEET OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER;
AND EXCEPT THAT PORTION ON THE WEST AS CONVEYED TO THE STATE OF WASHINGTON
FOR S.R. 515 BY DEED RECORDED UNDER RECORDING NO. 7411190258;
AND EXCEPT THAT PORTION THEREOF PLATTED AS VICTORIA MILLS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 113 OF PLATS, PAGE 79 THROUGH 83, INCLUSIVE,
RECORDS OF KING COUNTY AUDITOR;
Temporary Construction Easement - 8
Instrument Number: 20230406000553 Document:EAS Rec: 5213.50 Page-9 of 11
Record Date:4/6/2023 2:14 PM King County, WA
EXHIBIT A
(Continued)
ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER;
THENCE NORTH 87009'25" EAST ALONG THE SOUTH LINE THEREOF 1,262.15 FEET TO THE
WEST LINE OF S.S.N. NO. 5-C AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 21020'40" WEST ALONG SAID WEST LINE 796.91 FEET TO THE INTERSECTION
OF PUGET DRIVE AND S.S.N. NO. 5-C;
THENCE NORTH 56015'12" WEST ALONG SAID INTERSECTION 139.29 FEET TO THE ARC OF A
CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH 17051'28" EAST 384.26 FEET,
SAID CURVE BEING THE SOUTHERLY LINE OF PUGET DRIVE;
THENCE ALONG SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 137.46 FEET TO A POINT
ON THE CURVE, THE CENTER OF WHICH BEARS NORTH 38020'55" EAST;
THENCE SOUTH 21020'40" EAST 957.12 FEET TO THE SOUTH LINE OF SAID SOUTHWEST
QUARTER;
THENCE NORTH 87009'25" EAST ALONG SAID LINE 179.27 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE
NO. 668210 FOR SECONDARY STATE HIGHWAY NO. 5-C;
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEED
RECORDED UNDER RECORDING NO. 9210261059;
SAID LAND BEING FORMERLY DESCRIBED AS FOLLOWS:
UNITS A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, AA, BB, CC, DD, EE, FF,
GG, HH, II AND JJ OF HILLSIDE VILLA CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE
DECLARATION THEREOF RECORDED UNDER KING COUNTY RECORDING NO. 9011191708,
TOGETHER WITH ALL INTEREST IN THE COMMON AND LIMITED COMMON AREAS, AND ANY
AMENDMENTS THERETO, AND IN VOLUME 101 OF CONDOMINIUMS, PAGES 40 THROUGH 44,
RECORDS OF KING COUNTY AUDITOR;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEED RECORDED
UNDER RECORDING NO. 9210261059;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
Temporary Construction Easement - 9
Instrument Number: 20230406000553 Document:EAS Rec: 5213.50 Page-10 of 11
Record Date:4/6/2023 2:14 PM King County, WA
EXHIBIT B
Legal Description for RENT0000-1902
Temporary Construction Easement April 27 2022
That portion of Hillside Villa Condominium, recorded in Volume 101 of Condominiums, at
Page 40 through 44 and recorded under Recording Number 199011191707, records of King
County, Washington, more particularly described as follows:
Commencing at the southeast corner of said Hillside Villa Condominium being the
intersection of the northerly right of way margin of South 26TH Street with the westerly right
of way margin of Benson Road South, as shown on said Condominium, and the
southeasterly corner of that certain parcel conveyed and quit claimed to the City of Renton
as recorded under Recording Number 199210261059, records of said county; thence North
76°09'50" East, along the southerly line of said Condominium and parcel, 12.00 feet to the
westerly line of said quit claimed parcel and the beginning of a non -tangent curve to the left
from which the center bears North 77023'44" West, having a radius of 1389.65 feet, and the
POINT OF BEGINNING; thence northeasterly along the arc of said curve through a central
angle of 02040'36" and an arc distance of 64.92 feet;
Thence North 80008'24" West, 15.86 feet;
Thence South 11046'17" West, 34.58 feet;
Thence South 72033'39" West, 17.46 feet;
Thence South 39046'31" West, 11.37 feet;
Thence South 11 046'29" West, 10.19 feet to the northerly margin of South 26TH Street and
a point on a non tangent curve to the right from which the center bears South 11 °00'50"
West, 230.00 feet distant; thence southeasterly along said margin the arc of said curve
through a central angle of 2°49'20" and an arc length of 11.33 feet; thence continuing along
said margin South 76009'50" East a distance of 25.69 feet to the POINT OF BEGINNING.
Situate in the City of Renton, King County, Washington.
Containing a total area of: 1,512 SF or 0.35 AC
4/27/2022
I1AVC ) /3a
Temporary Construction Easement - 10
Instrument Number: 20230406000553 Document:EAS Rec: S213.50 Page-11 of 11
Record Date:4/6/2023 2:14 PM King County, WA
EXHIBIT C
CMP REHABILITATION DESIGN SERVICES
TEMPORARY CONSTRUCTION EASEMENT
CURVE TABLE
CURVE I DELTA I LENGTH I RADIUS
LINE TABLE
LINE
BEARING
LENGTH
L1
N76°09'50"W
12.00'
JOB # RENT00001902
APRIL 27, 2022
I
I I
12.0'
ROW DEDICATION I I
AFN 9210261059 0' 10' 20'
!,%EASEMENT
ooNv
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H1�,gI o fI�O1990j
VOL. �REo' s of Ko.Io
OGOR TEMPORARY -
CONSTRUCTION
N77°23'44
POINT OF
BEGINNING
S 26TH ST
30,
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POINT OF
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THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF
THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL
If
DAVID EVANs
mmABSOCIATE6 Ewa
Temporary Construction Easement - 11
20300 Woodinville Snohomish Rd NE
Suite I Woodinville, WA 98072
p: 425.415.2000
f: 425.486,5059
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