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Home My WebLink AboutE 20200303000008Instrument Number: 20200303000008 Document:EAS Rec: S113.50 Page-1 of 11 Record Date:3/3/2020 8:23 AM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY APRIL BRANHAM, DEPUTY Return Address: City Clerk's Office City of Renton 1055 South Grady Way, #728 Renton WA 98057 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rcw 6s.o4) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Temporary Construction Easement 2 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(S) Exactly as name(s) appear on document 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) Exactly as name(s) appear on document 1. City of Renton 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) 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. Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 3376750000 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred o as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements Instrument Number: 20200303000008 Document:EAS Rec: 5113.50 Page-2 of 11 Record Date:3/3/2020 8:23 AM King County, WA 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 BENSON ROAD S. CULVERT IMPROVEMENT 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 and shown in Exhibit B; and WHEREAS, Grantee is proceeding with the Benson Road S. Culvert Improvement Project (the "Project") and requires a Temporary Construction Easement; NOW, THEREFORE, for and in consideration of mutual benefits, the parties, the parties, agree as follows: Temporary Construction Easement - 1 109703304.2 Instrument Number: 20200303000008 Document:EAS Rec: S113.50 Page-3 of 11 Record Date:3/3/2020 8:23 AM King County, WA 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 Construction Easement over, under, through, across, and upon the real estate described in Exhibit A and shown in Exhibit B for the purpose of rehabilitating a 24-in diameter existing culvert crossing Benson Road S. in Renton, Washington as part of the Project. Grantee shall pay to Grantor its attorney's fees and costs in the total amount of five thousand dollars ($5,000). Grantee also 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. 1.2 Access: 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. 1.3 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. 1.4 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. 1.5 Warranty of Authority: Grantor hereby represents, warrants, and covenants to Grantee that it has sufficient the legal authority to execute this agreement. 1.6 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 by Grantee arising from the Grantee's breach of its obligations under this Agreement, or the exercise of Grantee's rights under this Agreement.. Temporary Construction Easement - 2 109703304.2 Instrument Number: 20200303000008 Document:EAS Rec: 5113.50 Page-4 of 11 Record Date:3/3/2020 8:23 AM King County, WA 1.7 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. 1.8 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. 1.9 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. 1.10 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. (Signatures on following pages.) Temporary Construction Easement - 3 109703304.2 Instrument Number: 20200303000008 Document:EAS Rec: S113.50 Page-5 of 11 Record Date:3/3/2020 8:23 AM King County, WA IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this 1-14'k day of Fe 6f-20 2D GRANTOR(S): AUK -Montclair LLC, a Delaware limited liability company By: Aukum Group LLC, a Delaware limited li 2 ty company Its: Manager By: son Fuc , 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 validity of that document. STATE OF CALIFORNIA County of Marin On A yak rU.Q,f a_ N"20Z), before me, ro-, Notary Public, personally appeared a f_U $ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal Signature: (Seal) Temporary Construction Easement - 4 109703304.2 ANGELA KRAKORA COMMISSION #2222M2 NaRary PubNt - CaNforrBa Z MAIMN COUNTY 2 My COMMISSION EXPIRES f 3f December 14 mi Instrument Number: 20200303000008 Document:EAS Rec: S113.50 Page-6 of 11 Record Date:3/3/2020 8:23 AM King County, WA IN WITNESS4EREOF, said Grantor has caused this instrument to be executed this day of GP 20 _10 . GRANTOR(S): FLP-Montclair LLC, a Delaware limited liability company By: Aukum Group LLC, a Delaware limite 'abil' company Its: Manager By: ason Fu s, 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 validity of that document. STATE OF CALIFORNIA County of Marin On 1,t' 'Q,�nwtl . 20&, before me, bm Q, (pw� Notary Public, personally appeared r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and offs ial seal Signature (Seal) Temporary Construction Easement - 5 109703304.2 ANGELA KRAKORA .- CAMMOWN #2222042 Z s� Notary P1bNc - cowamia Z tl MARIN COUN7V My COMMISSIONEXPIRES „�„ December 14, 2021 Instrument Number: 20200303000008 Document:EAS Rec: S113.50 Page-7 of 11 Record Date:3/3/2020 8:23 AM King County, WA IN WITNESS WHEREOF, said Gra o has caused this instrument to be executed this day of 20 e) _. GRANTOR(S): KFP-Montclair LLC, a Delaware limited liability company By: — 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 validity of that document. STATE OF CA�LIFORNIA n) County of u ( n ) On il� _ 4 20 ,before me, — fix/ , Notary Public, personally appeared �I� , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal Signature: A4AIM (Seal) Temporary Construction Easement - 6 109703304.2 ANGELA KRAKORA COMMls M #2222042 a 4 Notary vubk - Cower a Z MAM aOLOM My cOMM SM EXPIRES December 14, 2021 Instrument Number: 20200303000008 Document:EAS Rec: 5113.50 Page-8 of 11 Record Date:3/3/2020 8:23 AM King County, WA ACCEPTED AND APPROVED BY: GRANTEE: City of Renton By:' Z, I kjplvl� Gre g Zi erman Public orks Administrator Temporary Construction Easement - 7 109703304.2 Instrument Number: 20200303000008 Document:EAS Rec: S113.50 Page-9 of 11 Record Date:3/3/2020 8:23 AM King County, WA EXHIBIT A LEGAL DESCRIPTION That portion of Hillside Villa Condominium, as recorded in Volume 101 of Surveys, Page 40, Records of King County, Washington, situated in that portion of the Northwest quarter Section 29, Township 23 North, Range 5 East, W.M., in King County, Washington, being a 40 foot wide strip, lying 20 feet of each side of the following described centerline: Commencing at the Southeast corner of said Hillside Villa Condominium; Thence North 760 09' 27" West 12.00 feet to a point of curvature and the westerly margin of Benson Road South as established by Quit Claim Deed as recorded under Auditors File Number 199210261059, Records of King County, Washington; Thence northerly along said westerly margin of Benson Road, being a curve to the left whose radius point bears North 780 23' 02" West, through a central angle of 2V 13'29", an arc length of 514.80 feet, and a radius of 1389.65 feet to the True Point of Beginning; Thence South 76' 31' 24" West, 23.00 feet; Thence North 530 33' 42" West, 63.33 feet to a point further know as Point "A" and the Terminus of said Centerline; The side lines of said easement shall be lengthened of shortened as necessary to being and end of the westerly margin of said Benson road. TOGETHER WITH that portion of said Hillside Villa Condominium, being a 20 foot wide strip, lying 10 feet of each side of the following described centerline: Beginning at said Point "A" Thence South 760 3 P 06" West, 115.12 feet; Thence North 19024' 33" West, 82.53 feet; Thence North 10045' 39" East, 163.04 feet; Thence North 30' 35' 34" West, 133.81 feet; Thence North 16' 27' 32" East, 100.10 feet; Instrument Number: 20200303000008 Document:EAS Rec: S113.50 Page-10 of 11 Record Date:3/3/2020 8:23 AM King County, WA Thence North 41° 31' 27" East, 76.32 feet to the westerly margin of said Benson Road and the Terminus of said Centerline. The side lines of said easement shall be lengthened of shortened as necessary to being and end of the westerly margin of said Benson road. ro� ENGINEERS L Instrument Number: 20200303000008 Document:EAS Rec: 5113.5O Page-11 of 11 Record Date:3/3/2020 8:23 AM King County, WA A PORTION OF SEC 29, TWP 23 N, RGE 5 E, W.M. IN KING COUNTY, WA. 20 / \ TVA BLDG A 2 10'� BLDG B BLDG C \ BLD D EXHIBIT "B" GRAPHIC DEPICTION CITY OF RENTON TEMPORARY CONSTRUCTION EASEMENT 40 9LDG E I 1 I I I 142' 38' I I I � I 42'3 ROW LINE POINT "A" - T.P.O.B. _'J\A S' T ��—n C, /� 12507 Bel -Red RD., Suite Ifln Bellevue, WA 96005 ENGINEERS ""Ph: 4 5� -� Drawn by JPC Project 801901 Checked by CC Date 5-7-19 Scale 1 "=150' Sheet X