HomeMy WebLinkAboutA 20211004001300Instrument Number: 20211004001300 Document:AG Rec: $206.50 Page-1 of 4
Record Date: 10/4/20212:37 PM
Electronically Recorded King County, WA
RIGHT OF ENTRY AGREEMENT
Property Tax Parcel Number: 3376750000
Project File #: SWP-27-4030
Street Intersection: Benson Rd. & S 26th St
Reference Number(s) of Documents assigned or released: Additional reference numbers are on page _N/A_
Grantor(s): Grantee(s):
1. AUK -Montclair LLC, a Delaware limited 1. City of Renton, a Municipal Corporation
liability company;
2. FLP-Montclair LLC, a Delaware limited
liability company; and
3. KFP-Montclair LLC, a Delaware limited
liability company
This agreement made this 15 day of September 2021 by Grantors
(collectively "Grantor" herein) and Grantee as named above.
Grantor does by these presents grant unto the Grantee Right -of -Entry over the following described
property for the purpose of conducting a topographic survey. Grantor grants Grantee access upon
the following described property:
THAT PORTION OF THE SW % OF SECTION 20 AND THE NW % 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 N87°09'25"E
70.26 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE N2°06'30"E ALONG SAID EAST
LINE ON A LINE PARALLEL TO AND 70 FEET EAST OF, WHEN MEASURED AT RIGHT ANGLES TO
THE WEST LI NE OF SAI DSECTION 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 NUMBER 5694120; THENCE N87°09'25"E ALONG
THE SOUTH LINE OF SAID GAS COMPANY TRACT 801.99 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT; THENCE S21°20'40"E 527.25 FEET TO THE SOUTH LINE OF SECTION 20; THENCE
N87°09'25"E 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 FEETTO A POINT ON
THE EAST -WEST 1/16 LINE OF SAID NW % OF SAID SECTION 29 WHICH BEARS N88°12'53"E
24.42 FEET FROM THE CENTER OF SAID NW %; THENCE S88°12'53"W 24.42 FEET FROM THE
CENTER OF SAID NW %; THENCE S1°41'56"W ALONG THE NORTH -SOUTH 1/16 LINE OF SAID
NW % 850.50 FEET; THENCE S89°16'31"W PARALLEL TO THE SOUTH LINE OF SAID NW Y4595.85
FEETTOTHE EASTERLY LINE OF PUGETSOUND POWER & LIGHT COMPANY'S 100-FOOT RIGHT-
OF-WAY; THENCE N19°58'29"W ALONG SAID EASTERLY LINE 1,758.05 FEETTO A POINT 70 FEET
EAST OF, WHEN MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID NW %; THENCE
N1°41'07"E 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 NW % OF THE NW % OF SECTION
29, AND THE NORTH 100 FEET OF THE EAST 100 FEET OF THE SW % OF THE NW % OF SECTION
29, AND THAT PORTION OF THE NE % OF THE NW % 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 NW % OF THE NW %;
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Instrument Number: 20211004001300 Document:AG Rec: $206.50 Page-2 of 4
Record Date: 10/4/20212:37 PM King County, WA
AND EXCEPT THAT PORTION ON THE WEST AS CONVEYED TO THE STATE OF WASHINGTON FOR
SR 515 BY DEED RECORDED UNDER RECORDING NUMBER 7411190258;
AND EXCEPT THAT PORTION THEREOF PLATTED AS VICTORIA HILLS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 113 OF PLATS, PAGES 79THROUGH 83, INCLUSIVE; RECORDS
OF KING COU NTY AU DITOR;
ALSO THAT PORTION OF THE SW % 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 SW %; THENCE N87°09'25"E 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 N21°20'40"W ALONG SAID WEST LINE 796.91 FEET TO THE INTERSECTION OF PUGET
DRIVE AND S.S.N. NO. 5-C; THENCE N56°15'12"W ALONG SAID INTERSECTION 139.29 FEET TO
THE ARC OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS N17°51'28"E 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 N38°20'55"E; THENCE S21°20'40"E 957.12 FEET TO THE SOUTH LINE OF SAID
SW %; THENCE N87°09'25"EALONG SAID LINE 179.27 FEETTOTHE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CASE
NUMBER 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, L, M, N, O, P, Q, R, S, T, U, V, W, X, AA, BB, CC, DD, EE, FF, GG,
HH, II AND A 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, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO
THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 9210261059. SITUATE IN
THE COUNT OF KING, STATE OF WASHINGTON.
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Instrument Number: 20211004001300 Document:AG Rec: $206.50 Page-3 of 4
Record Date: 10/4/20212:37 PM King County, WA
Grantee shall have the right without prior institution of any suit or proceeding at law, at times as
may be necessary, for up to 3 business days between the hours of 9 AM and 5 PM between
September 7, 2021 and October 30, 2021 to enter upon said property for the purpose of performing
topographic survey work within King County Parcel Number 3376750000 without incurring any legal
obligation or liability therefore, provided that such topographical survey work shall be accomplished
using ordinary care to avoid unnecessary disturbance or damage to the property. In the event that
there is disturbance or damage caused by Grantee's contractor or representative, or their
equipment, during access or survey, the property will be restored to the same or better condition as
it was before the property was entered upon by the Grantee.
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 Right -of -Entry
Agreement, or the exercise of Grantee's rights under this Right -of -Entry Agreement.
Grantee is obligated to acknowledge in writing the termination of the agreement upon completion
of the work.
Grantor covenants that it is the sole lawful owner of the above property and that it has a good and
lawful right to execute this Right -of -Entry Agreement. By signing this instrument, Grantor declares
under penalty of perjury under the laws of the State of Washington that it is authorized to sign this
Right -of -Entry Agreement as Grantor.
[Signatures appear on the next page; the remainder of this page is left blank]
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Instrument Number: 20211004001300 Document:AG Rec: $206.50 Page-4 of 4
Record Date: 10/4/20212:37 PM King County, WA
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written above.
GRANTORS:
A Tenancy -in -Common among:
AUK -Montclair LLC,
a Delaware limited liability company
FLP-Montclair LLC,
a Delaware limited liability company
KFP-Montclair LLC,
a Delaware limited liability company
By: Aukum Group LLC, a Delaware limited liability company
Its: Asset Manager
,,,
By:
Jason FAdchs, Manager
ACCEPTED BY:
GRANTEE:
City of Renton
DocuSigned by:
(martin Pastucha 9/27/2021 1 9:51 AM PDT
By:
Martin Pastucha, Public Works Administrator
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