HomeMy WebLinkAbout20260819000615 Recorded Easement for Ingress, Egress, Parking and Operations Instrument Number: 20260819000615 Document:EAS Rec: $309.50 Page-1 of 7
Record Date:8/19/2026 2:27 PM
Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY ANNA PHEA,DEPUTY
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of Auburn
25 W Main
Auburn, WA 98001
ATTN: Josh Arndt
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04,and is not to be
relied upon for any other purpose,and shall not affect the intent of or any warranty contained in the document itself.
Reference#(if applicable):
Grantor: The Soos Creek Botanical Garden Foundation,a Washington nonprofit corporation
Grantee: City of Auburn,a Washington municipal corporation
Tax Parcel ID Numbers: 0321059084,0321059074
Q-S-T-R of burdened property: NW-3-21-5
Full Legal Descriptions Located: Exhibits A&B
EASEMENT FOR INGRESS, EGRESS, PARKING & OPERATIONS
THIS EASEMENT FOR INGRESS, EGRESS, PARKING & OPERATIONS
("Easement") by and between The Soos Creek Botanical Garden Foundation, a Washington
nonprofit corporation ("Grantor"), and City of Auburn, a Washington municipal corporation
("Grantee") is effective as of May 21, 2026 (the "Effective Date").
I. RECITALS
A. Grantor is the owner of real property described and depicted in Exhibit A, attached
hereto and incorporated herein by reference ("Grantor Property").
B. Grantee is the owner of real property described and depicted in Exhibit B, attached
hereto and incorporated herein by reference ("Grantee Property").
C. The Grantor and Grantee intend for the Grantee to purchase Grantor's Property
upon availability of King County Conservation Futures Tax Levy grant funding.
D. Until such time, Grantee requests that Grantor enter into this Easement Agreement for
the Grantor to operate the Botanical Garden (defined below) located on Grantee's Property.
Ingress_Egress_Parking_Operations Easement
The Soos Creek Botainical Garden Foundation/City of Auburn Page 1 of 7
Instrument Number: 20260819000615 Docun'onr:EA8Roc: S309.50Pugo'2of7
RocordDuro:8/19/2#26 2:27PM King County,WA
E. Grantor's Property provides supportive services Such as storageand parking for the
Botanical Garden, ihunc[orcthe parties wish io mcmoriuiizxthc synergies o|'1hc two properties
until such dnnc as the Funds are available K/,Orunicc to Purchase Grantor's Property.
11. EASEMENT
|. (}runt o[ Euxcmcnt. Grantor hereby grants and conveys to Gnonico u perpetual non'
czduni`c blanket cuynncni upon, over, across, and through Grantor's Property (the ^[ascnncnL
/\nzo") for the purposes o[iogncsx. egress, purkinA, and general sopport o[Gmnice`s Property in
the operations o[5ooaCrcck Botanical GunJcn (the "Botanical (}unden"),
|.\ Grantor reserves the heh\ to cmntroi amend. alter, direct. or ncdincd the Unv/ and
direction o[(n}Oic on Grantor's Property, and to restrict 0nonter`o use nf(hc [uuuncnito duYtixnc
hnurm and at other times when Gnantcc`s use o[ the [umconeoi may inirr['cn: with Grantor's
reasonable use o[ihc Easement Area fbr Botanical Garden purposes.
|.2 Grantor is rrs[^onmih|c (at its mo|c 0001 and discretion) to nou}n|a\n, repair, replace,
unc/urrucoof1gurC (together^VVork=) the audFacc and auhsud`acc ol'<hc [uscnicrk Area so long as
the Work does not impede or diminish the mupportivc and operational services Cronk,r`o Property
provides tothe Botanical Garden, provided, hovvevcr, that Grantee is responsible for repairing any
damage (beyond ordinary v/cur and tear) resulting horn Grantee's cmp|oycua, agents. guests,
|iccnscoy` lessees an(] u|Tlcix|o` use o[the Eouerncnr /\ncu.
2. Conditions of' I- The Guycnncni is granted suhiec\ to and conditioned upon the
/hUowing terms, conditions. and covenants which the parties. their agents, tenants, successors and
noui-na, uorcc or h/U\' observe and perflonn:
2 ) Rich(o of`LosenncnL Grantee's right 10 use the Eusontni Area yhuU extend equally
to Grantee's enop|nYrcx, agents, guests, |iccnueco, lcsoccn and o[6ciu|x. For the pu,puxco Of this
|�mcrncrt, all shall be collectively considered the `^Grun1cu."
3. General Provisions. The [bUnwing general provisions shall also apply to this Euyenocni:
3.1 Runnin,.�, Covenants. The terms,conditions, rights and obligations contuincdin this
\ asoncntshu|| he Covenants nunniu� v/iththe |unJ and shall inure xzand bind the successors,
um»i,,uy. heirs, and personal representatives o[the parties.
32 Ano}icub|c Law. '['his Euxcnncn< mhu|) be governed by and construed in accordance
with the laws o[dhc State o[VVoahin�k`n.
33 Recording. Gnan\xc xhu|| record this E'nscnncnt with the King Coun1Y Recorder at
its expense. Grantee ohxU provide Grantor with ucopy n[ihc recorded OancmnU.
/.��u_/u��_mrk"ig,/)p,m^m,/*mweo,
Instrument Number: 20260819000615 Document:EAS Rec: $309.50 Page-3 of 7
Record Date:8/19/2026 2:27 PM King County,WA
3.4 Attorneys' Fees. If either party brings suit to enforce or interpret this Easement, a
court judgment to the substantially prevailing party shall include that party's attorneys fees and
legal costs and expenses of the suit. Awarded attorneys' fees and expenses shall include those
incurred before, during and after trial, including those related to any appeal.
3.5 Authority. Each of the individuals whose signature appears below represents and
warrants that he or she has lull authority to execute this Easement on behall'of the party on whose
behalf he or she has affixed his or her signature to this Easement.
GRANTOR: GRANTEE:
The Soos Creek Botanical Garden Foundation, a CITY OF AUBURN. a Washington municipal
Washington nonprofit corporation corporation
•
Signature: Siunature:
Date: 5/1.. Date: 2.1•
Name(printed): Name (printed): Nancy Backus
,
Title: Title: Mayor
e 010-164 4
Ingiess Egress_Park ing Operations I'asement
Ih Soos Creek Botainieal Garden Foundal Cio.of Auburn 3 017
Instrument Number: 20260819000615 Document:EAS Rec: $309.50 Page-4 of 7
Record Date:8/19/2026 2:27 PM King County,WA
[GRANTOR'S NOTARY 130X1
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
On this j day of MAI , 2094 I certify that I know or have satisfactory
evidence that mg:, • is the person who appeared before me, and said person
acknowledged that (s)he signed t s instrument, on oath stated that she was authorized to execute
the instrument and acknowledged it as the of liii SOOS CREEK
BOTANICAL GARDEN FOUNDATION, a Washington nonprofit corporation,to he the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
IN WITNESS WI!FREW I have hereunto set my hand and affixed my official seal the
day and year first above written.
0,„,“ ril 0171f/fp,
So\
• 4. I rimed Name: — J_D\j/
sOTARy
Notary Public in and for the State of Washington
s,
•
ki residing at4 [. :a I!tAp
Pusuc My commission 'xpires: Oq-D P -
.C,-; #1 EXV,v‘..6%,
of•cuel wow,`"
[GRANTEE'S NOTARY BOX1
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
On this 2,I Stay of Hq‘.1 , 20 2A0 I certify that I know or have satisfactory evidence
that NANCY BACKUS is the person who appeared before me, and said person acknowledged that
she signed this instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the MAYOR of the CITY OF A UI3URN,a Washington municipal corporation,
to he the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
r ckii
KATIE SORUM 0 ry)
NOT IC122018930 Printed Name: rt ot-f o
STATE OF WASHINGTON Notary Publ. ',in and for the Sate of Washington
COMMISSION EXPIRES residing at
MAY 4, 2030 My commission expires': . -73'5C)
The Soos Creek Botainsical Garden Foundation ' o Auburn Page 4 of 7
Instrument Number: 20260819000615 Document:EAS Rec: $309.50 Page-5 of 7
Record Date:8/19/2026 2:27 PM King County,WA
EXHIBIT A
GRANTOR PROPERTY
LOT B, KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L96L0155 RECORDED UNDER
RECORDING NO,9612301254 AND AS CORRECTED PER BOUNDARY LINE ADJUSTMENT NO.
L96L0155, RECORDED UNDER RECORDING NO. 20020211002613 BEING A PORTION OF THE
WEST HALF OF THE NORTH QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3,TOWNSHIP 21 NORTH, RANGE 5 EAST,W.M.;
EXCEPT THAT PORTION OF SAID LOT B LYING WEST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID LOT B,ALSO BEING A
POINT ON THE EAST RIGHT OF WAY MARGIN OF 132ND AVE SE,THENCE ALONG THE NORTH LINE
OF SAID LOT B,SOUTH 88°44'20"EAST,247.50 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID NORTH LINE SOUTH 01°29'47"WEST,329.39 FEET TO THE SOUTH LINE
OF SAID LOT B AND'THE TERMINUS OF SAID DESCRIBED LINE;
CONTAINING 125,771 SQUARE FEET(2.89 ACRES), MORE OR LESS.
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03/03/2026
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Ingrrss I:gress_Parkniu (1peratik I,asemerit
I he Suos Creek Rotainicul(iarclrn 1•oun.lat.ion ('m of Auburn Page 5 of 7
Instrument Number: 20260819000615 Document:EAS Rec: $309.50 Page-6 of 7
Record Date:8/19/2026 2:27 PM King County,WA
EXHIBIT 13
GRANTEE PROPERTY
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER TOGETHER WITH THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS;
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 3,AS MONUMENTED BY CITY
OF AUBURN MONUMENT 1419,AN ENCASED BRASS PLUG IN CONCRETE NEAR THE CENTER OF
132ND AVE SE;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION, NORTH 01°29'47"EAST,988.05 FEET;
THENCE DEPARTING SAID WEST LINE, SOUTH 88°43'54"EAST, 30.00 FEET TO THE EAST RIGHT OF
WAY MARGIN OF 132ND AVE SE,ALSO BEING THE SOUTHWEST CORNER OF LOT A, KING COUNTY
BOUNDARY LINE ADJUSTMENT NO. L96L0155 RECORDED UNDER RECORDING NO. 9612301254
AND AS CORRECTED PER BOUNDARY LINE ADJUSTMENT NO. L96L0155, RECORDED UNDER
RECORDING NO. 20020211002613 AND THE POINT OF BEGINIING;
THENCE CONTINUING ALONG THE SOUTH LINE OF SAID KING COUNTY BOUNDARY LINE
ADJUSTMENT NO. L96L0155,SOUTH 88°43'54"EAST,779.34 FEET TO THE SOUTHWEST CORNER
OF LOT 2, KING COUNTY SHORT PLAT NO.477101, RECORDED UNDER RECORDING NO.
7711221019;
THENCE ALONG THE WEST LINE OF SAID LOT 2 OF SAID SHORT PLAT, NORTH 01°29'47"EAST,
299.45 FEET TO THE NORTH LINE OF SAID LOT 2;
THENCE ALONG SAID NORTH LINE SOUTH 88°44'20"EAST,509.29 FEET TO THE SOUTHEAST
CORNER OF TRACT"X"OF SAID SHORT PLAT;
THENCE ALONG THE EAST LINE OF SAID TRACT"X"NORTH 01°28'40"EAST, 30.00 FEET TO THE
NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 3;
THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION SOUTH 88°44'20"EAST, 262.85 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 01°28'40"WEST,329.55 FEET TO THE SOUTH LINE
OF THE NORTH HALF OF SAID SUBDIVISION;
THENCE ALONG SAID SOUTH LINE SOUTH 88°43'54"EAST,369.50 FEET TO THE SOUTHEAST
CORNER OF SAID NORTH HALF;
Ingress_Egress_Parking_Operations Easement
The Soos Creek Rotatnical Garden Foundation/City of Auburn Page 6 of 7
Instrument Number: 20260819000615 Document:EAS Rec: $309.50 Page-7 of 7
Record Date:8/19/2026 2:27 PM King County,WA
THENCE ALONG THE EAST LINE OF THE SOUTH HALF OF SAID SUBUDIVISION SOUTH 01°28'07"
WEST, 164.80 FEET;
THENCE NORTH 88°43'30'WEST,659.37 FEET TO THE EAST LINE OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3;
THENCE ALONG SAID EAST LINE SOUTH 01°28'40"WEST,164,79 FEET TO THE SOUTHEAST
CORNER OF SAID NORTH HALF;
THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF NORTH 88°43'27'WEST,812.79 FEET;
THENCE DEPARTING SAID SOUTH LINE NORTH 01°29'51"EAST,165,00 FEET;
THENCE NORTH 88°43'27'WEST,476.00 FEET TO SAID EAST RIGHT OF WAY MARGIN;
THENCE ALONG SAID EAST MARGIN NORTH 01°29°47'EAST, 164.35 FEET TO THE POINT OF
BEGINNING.
CONTAINING 693,798 SQUARE FEET(15.93 ACRES),MORE OR LESS,
TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT"X'AS DELINEATED ON SAID KING COUNTY
SHORT PLAT NO.477101;
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS.EGRESS AND UTILITIES OVER THE
NORTH 30 FEET OF THE WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,TOWNSHIP 21 NORTH,
RANGE 5 EAST,W,M.,IN KING COUNTY,WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF LYING WITHIN 132ND AVENUE SOUTHEAST.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS,EGRESS AND UTILITIES OVER,
ACROSS AND UNDER THE EAST 30 FEET,AND THE SOUTH 30 FEET OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,THE WEST 15 FEET OF THE SOUTH
HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION,
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Ingress Fgress_Parking_Operaiwns Easement
The Soos Creek Botanical Garden Foundation/('its of Auburn Page 7 ot'7